§ 22-224. Notice to vehicle owner and property owner; failure to remove.

(a)

Whenever any motor vehicle is determined to be a junked motor vehicle and/or an abandoned motor vehicle, the City of Carencro, through its representative, shall cause a written notice to be placed on the motor vehicle itself and either hand-delivered to the owner of the motor vehicle with a receipt signed by the owner of the motor vehicle or sent by certified mail, return receipt requested, if the name of the owner of the motor vehicle is known, advising that the vehicle shall be removed within 15 days after notice and providing for the procedures to request a hearing before the city manager pursuant to section 22-224.1 of this Code. If the vehicle is not removed pursuant to the notice, and no timely written request for a hearing is made pursuant to section 22-224.1 of this Code or if a hearing is held and it is determined at the hearing that the motor vehicle is a public nuisance and the applicable appeal delays have run, the motor vehicle may be removed by the city and disposed of in accordance with the provisions of sections 22-224 or 22-225 of this Code, depending upon the condition of the motor vehicle if the motor vehicle is owned by someone other than the owner or occupant of the premises upon which the motor vehicle is located. The City of Carencro shall further give written notice to the owner of the premises, if in possession thereof, or the occupant of the premises upon which the motor vehicle is located, by either certified mail or hand delivery with a receipt signed by the owner or occupant of the premises. If notice by certified mail is returned, refused or unclaimed, notice shall be deemed to have been given.

(b)

The written notice described in subsection (a) of this section shall state that in lieu of removal, the owner or occupant of the premises and/or the owner of the motor vehicle may remit the total amount charged for towing, together with a written letter of authority authorizing the City of Carencro to remove and dispose of the motor vehicle. The letter of authority shall be on a form prescribed and furnished by the city. In the event that anyone other than the person determined to be the owner of the motor vehicle grants authority for removal of the motor vehicle and pays the fees for same, removal shall not take place until the 15-day delay accorded the owner of the motor vehicle has expired, and no timely written request for a hearing is made pursuant to section 22-224.1 of this Code, or if a hearing is held and it is determined at the hearing that the motor vehicle is found to be a public nuisance and the applicable appeal delays have run, in order to permit the motor vehicle owner to remove same at his expense. The owner or occupant of the premises, who has been given notice in accordance with this section, and the owner of the motor vehicle are each responsible for removal of same equally, and the City of Carencro may choose to proceed against all or any one of the foregoing to compel removal of same.

(c)

If the motor vehicle is not removed within 15 days from the date of the posting of the notice or authority and the fee given to the city to remove same within said delays, and no timely written request for a hearing is made pursuant to section 22-224.1 of this Code, or if a hearing is held and it is determined at the hearing that the motor vehicle is found to be a public nuisance and the applicable appeal delays have run, the motor vehicle may be removed and disposed of by the city in accordance with the provisions of sections 22-224 or 22-225 of this Code, as applicable. In such event, the City of Carencro shall be entitled to recover the $100.00 fine and any and all costs which are incurred by the city with reference to the removal, storage and/or disposal of the motor vehicle. In the event the owner of the premises upon which the vehicle is located is to be taxed for such costs, such costs may be represented and secured by a lien filed in the public records of the Lafayette Parish Clerk of Court attesting to the costs incurred. Such lien shall be recoverable and may be enforced in the same manner and by the same procedure for collection of sums due for grass cutting liens as detailed in section 22-55 of this Code.

(Ord. No. 2000-010, art. II, § 4, 4-17-2000; Ord. No. 2013-023, § 3, 1-21-2014)