§ 10-133. Procedure for removal—Public property.

Whenever the enforcement officer shall ascertain that an article of abandoned property is present on public property he shall cause a notice to be placed upon such article in substantially the following form:

Notice to the owner and all persons interested in the attached property:

This property, to wit: (setting forth brief description) is unlawfully upon public property known as (setting forth brief description of location) and must be removed within ten days or, if the property is a boat, 30 days from the date of this notice. If this property is not removed within such period a hearing shall be held at (setting forth time and place of hearing) at which the owner or any person may show reasonable cause why the property should not be removed and destroyed. If at the conclusion of the hearing, the owner or any person interested in it has not shown good cause why the property should not be removed and destroyed, it shall be presumed to be abandoned property and will be removed and destroyed by order of the board of county commissioners. If the property is a motor vehicle or boat, the owner will be liable for the costs of removal and destruction. Dated this: (setting forth the date of posting notice). Signed: (setting forth name, address and telephone of county administrator).

Such notice shall be not less than eight inches by ten inches and shall be sufficiently weatherproof to withstand normal exposure to the elements. In addition to posting, the enforcement officer shall make a reasonable effort to ascertain the name and address of the owner; and if such is reasonably available to the enforcement officer, he shall mail a copy of such notice to the owner on or before the date of posting.

At the hearing, which shall be held before the board of county commissioners, the owner or any person having any interest in the abandoned article or articles described in the notice will be permitted to show reasonable cause why the article or articles should not be removed and destroyed. If, at the conclusion of the hearing, the owner or any person interested in the abandoned article or articles described in such notice has not removed the article or articles from public property or shown reasonable cause for failure so to do, the board of county commissioners may cause the article or articles of abandoned property to be removed and destroyed. The salvage value, if any, of such article or articles shall be retained by the county to be applied against the cost of removal and destruction thereof, unless the costs of removal and destruction are paid by the owner as provided herein, in which case the salvage value shall be deposited in the general fund of the county.

(Ord. No. 2011-03, § 3, 2-10-11)