Sec. 670.104. - Notice of abandoned property.

(a) Whenever the Sheriff finds abandoned property which is located on private property and: (1) He can reasonably ascertain the person responsible for placing, leaving or causing the placing or leaving of the abandoned property on the private property, he shall serve upon the person a notice of abandoned property, in a form prescribed by the Sheriff, stating that: (i) The property (which shall be described) appears to be abandoned property under this Chapter. (ii) The person receiving the notice (who shall be named) appears to be responsible for placing, leaving or causing the placing or leaving of the abandoned property on the private property (which shall be described with reasonable particularity). (iii) He has ten days from the date of the notice in which to remove the abandoned property. (iv) In the event of the person's not removing the abandoned property within the ten-day period, it may be removed by the City and the cost of removal assessed against the real property from which the abandoned property was removed or against the person receiving the notice. The notice shall also state that the person may, within the ten-day period, request a hearing as to the necessity of removal and the place where the person may make his request; and, in prominent language, that failure by the person to request a hearing within the ten-day period will act as a waiver of his right to a hearing and may result in the assessment of the cost of removal against him personally. The person receiving the notice shall sign the notice as an acknowledgment that he has received a copy of the notice and a copy of the notice shall be provided to the person. (2) He cannot ascertain the person responsible for placing, leaving or causing the placing or leaving of the abandoned property on the private property, no notice of abandoned property shall be issued but the removal notice shall be placed on or near the abandoned property as required by Section 670.105 and the Sheriff shall proceed under Section 670.108 . (b) Reserved. (c) If a person required by this Section to sign a notice of abandoned property willfully fails or refuses to do so, the Sheriff shall note this fact on the face of the notice, which shall constitute prima facie evidence of delivery or service of notice as required by this Section. (Ord. 79-265-103, § 1; Ord. 83-591-400, § 1) Note— Former § 314.104.