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2001 Ordinances
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2001 Ordinances
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Last modified
2/6/2009 3:39:23 PM
Creation date
6/6/2001 5:15:47 PM
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Ord/Resolutions
Year
2001
Ord/Resolutions - Type
Ordinances
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Sec. 23-48. Notice to remove. <br /> <br /> (a) If the director finds any inoperative motor vehicle, trailer or semitrailer kept <br />or stored in violation of section 23-46, he/she shall make diligent search and inquiry to <br />determine the record owner of the land upon which the vehicle is located, and shall notify <br />such owner, in writing by mail directed to his last known mailing address, that he/she has <br />found such violation and the nature thereof. The director may also place on the vehicle a <br />brightly colored placard which shall serve as notice to the land owner, and/or the owner <br />of the vehicle of the fact that such vehicle is inoperative as defined in paragraph (a) of <br />section 23-46. The notice shall require such owner to cause the vehicle m be removed <br />from the property forthwith and taken to an authorized place of storage. The mailing of <br />such notice shall be proof thereof, and the posting or delivery of notice shall be <br />equivalent to mailing. <br /> <br /> (b) If the mailing address of the owner of the land upon which the vehicle is <br />located is not known, and the owner has no agent in the city, such notice shall be posted <br />upon such land as notice to the owner thereof. <br /> <br />Sec. 23-50. Removal by city. <br /> <br /> (a) If the violation described in the notice given pursuant to section 23-48 has not <br />been remedied within ten (10) days after the mailing or service thereof, by posting or <br />delivery, the director, shall have the right to remove the vehicle from the premises and <br />dispose of the vehicle. All costs incurred in the removal and disposal of such vehicle <br />including a $100.00 tone hundred dollarl administrative fee per vehicle shall be <br />chargeable to the owner of the vehicle or to the owner of the premises from which it was <br />removed and may be collected as taxes and levies are collected. <br /> <br /> (b) All costs incurred under this section shall be docketed as a lien against the <br />property on which the nuisance occurred in the manner prescribed in section 23-5, which <br />lien shall remain in effect until removed by payment in full of such costs. <br /> <br /> (c) Any inoperative vehicle removed pursuant to this section shall be disposed of <br />in the following manner. ....... When a vehicle is removed by the City of Portsmouth, or its <br />contractors, the owner of the premises and vehicle shall be notified in writing by <br />Manager of Vehicle Services of the tow and location of the vehicle. This notice shall set <br />forth the requirements for the release of the vehicle and the date the vehicle will be <br />disposed of if not claimed and properly removed. After the date of disposal has passed <br />the Manager of Vehicle Services shall dispose of the vehicle at public auction or if the <br />vehicle fails to be sold at public auction he may dispose of the vehicle in any manner that <br />removes the vehicle from the compound and permanently disposes of the vehicle. A <br />$50.00 (fifty dollar) fee per vehicle sold shall be added to the towing, administrative fee <br />and storage charges for the disposal of the vehicle. Any proceeds from the public auction <br />shall be used to offset any charges incurred in the removal, storage, auction and disposal <br />of the vehicle. Should the funds realized from the auction of the vehicle be insufficient to <br />cover all charges, the remaining balance shall be placed as a lien against the property <br /> <br /> <br />
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