§ 17-182. Order of abatement/forfeiture.

If the existence of a nuisance is established as provided in these sections, an order of abatement and forfeiture shall be entered as part of the judgment in the case, which shall direct the disposition of the motor vehicle, which shall be by public auction. Reasonable notification of the time and place of any public sale shall be provided by a designee of the city manager, to the owners as defined in section 17-178, unless the owner(s) have signed a statement renouncing or modifying their right to notification of sale. Owners without knowledge or notice of the unlawful use of the thing(s) identified as nuisances under this section may buy at any public sale.

(1)

Motor vehicles. Any motor vehicle found by the court to be a nuisance within the meaning of this section is subject to an order of abatement and forfeiture, and may be sold as set forth in this section.

(2)

Sale of motor vehicles, costs, liens, balance to treasurer. Upon the sale of any motor vehicles, the officer executing the order of the court shall, after deducting the expenses of keeping such motor vehicles and costs of such sale (including, but not limited to, the reasonable expenses of taking, holding, preparing for sale, selling and the like, reasonable attorneys' fees, and costs incurred by the city), pay all liens according to their priorities which may be established by intervention or otherwise at the hearing or in other proceedings brought for that purpose as being bona fide and as having been created without the lienor having any knowledge or notice that such property was being used or was to be used for the maintenance of a nuisance as herein defined, and shall pay the balance to the city treasurer to be credited to the general fund of the city.

(Ord. No. 99-5, § 7, 4-20-99)