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2005 Ordinances
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2005 Ordinances
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3/13/2006 11:57:55 AM
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3/31/2005 2:05:24 PM
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<br />. <br /> <br />mailing of such notice shall be proof thereof, and the posting or delivery of such notice <br />shall be 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 />(c) In the event that an inoperable motor vehicle is returned to the subject <br />property after removal pursuant to the notice requirement in (a) above, and all cited <br />violations have not been corrected, a continuing violation will be deemed to exist. No <br />further notice or other action shall be required on the part of the city prior to the towing <br />of the vehicle from the site, and the assessment of all allowed costs and fees. <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 <br />not been remedied within ten (10) days after the mailing, posting or delivery of such <br />notice, 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 one hundred dollar ($100.00) 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 />. <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 inoperable vehicle removed pursuant to this section shall be disposed <br />of in the following manner. When a vehicle is removed by the City of Portsmouth or its <br />contractors, the owner of the premises and the vehicle shall be notified in writing by the <br />manager of vehicle services of the tow and the location of the vehicle. This notice shall <br />set forth the requirement for the release of the vehicle and the date the vehicle will be <br />disposed of if it is not claimed and properly removed. After the date of disposal has <br />passed, the manager of vehicle services shall dispose of the vehicle at a public auction or <br />if the vehicle fails to be sold at public auction, he may dispose of the vehicle in any <br />manner that removes the vehicle from the compound and permanently disposes of the <br />vehicle. A fifty dollar ($50.00) fee per vehicle sold shall be added to the towing, <br />administrative fee, and storage charges for the disposal of the vehicle. Any proceeds <br />from the public auction shall be used to offset any charges incurred in the removal, <br />storage, auction and disposal of the vehicle. Should the funds realized from the auction of <br />the vehicle be insufficient to cover all charges, the remaining balance shall be placed as a <br />lien against the property from which it was removed as provided in this section. <br /> <br />. <br /> <br />(d) Where the owner of the property has been assessed with the cost of <br />removal of an inoperable motor vehicle as defined in this chapter, there shall be placed a <br />
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