§ 10-134. Same—Private property.

Whenever the enforcement officer shall ascertain that an article or articles of abandoned property are present on private property within the county's boundaries, in violation of any zoning ordinance or regulation, anti-litter ordinance or regulation, or other similar ordinance or regulation of the county, the enforcement officer 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) located at (setting forth brief description of location) is improperly stored and is in violation of (setting forth ordinance or regulation violated) and must be removed within ten days or, if the property is a boat, 30 days from 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 interested in the property may show reasonable cause why the property should not be removed and destroyed. If at the conclusion of the hearing the owner or other 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 date of posting of notice). Signed: (setting forth name, address and telephone number of county administrator).

Such notice shall not be less than eight inches by ten inches and shall be sufficiently weatherproof to withstand normal exposure to the elements for a period of ten days. In addition to posting the notice, on or before the date of posting, the enforcement officer shall mail a copy of the notice to owner of the real property upon which the abandoned articles are located, as shown by the county tax roll, and, if the abandoned property is a motor vehicle or boat, shall make a reasonable effort to ascertain the name and address of the owner and shall mail a copy of the notice to such owner.

At the hearing, which shall be held before the board of county commissioners, the owner or 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 and complied with the ordinance or regulation cited in the notice, 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, salvage value shall be deposited in the general fund of the county.

(Ord. No. 2011-03, § 4, 2-10-11)