§ 16-93. Abatement of nuisance created by derelict or junk vehicle; removal and disposition of derelict or junk vehicle; costs of abatement and removal assessed.

(a)

The city may abate the public nuisance created by a derelict or junk vehicle and by the placement, keeping, disposition, or storage of a derelict or junk vehicle by removing, taking custody of, and/or disposing of a derelict or junk vehicle by the method provided in this section. The city may abate such nuisances whether they exist on public property or on private property. The city, in its discretion, may employ its own personnel, equipment, and facilities for the purposes of removing, preserving, or storing derelict or junk vehicles, or the city, in its discretion, may employ other persons, equipment, and facilities for any or all of these purposes.

(b)

Whenever any vehicle is determined to be a derelict or junk vehicle, the city shall conduct the removal and disposition of the derelict or junk vehicle in accordance with the following procedure:

(1)

The city shall post a notice on the windshield of the derelict or junk vehicle directing that the vehicle be removed from its location within ten calendar days and the notice shall direct that the failure to remove the vehicle may result in the vehicle being removed by the city or by a tow truck operator acting on behalf of the city. In the event that the owner or occupant of the premises upon which the derelict or junk vehicle is located is to be taxed for the costs of abatement, reasonable notice shall also be sent to the owner or occupant of said premises, directing that the vehicle be removed from its location within ten calendar days, and the notice shall direct that the failure to remove the vehicle may result in the vehicle being removed by the City of Slidell or by a tow truck operator acting on behalf of the city, and that in such event, the owner or occupant shall be assessed for the costs of removal and abatement.

(2)

If the derelict or junk vehicle is not removed within ten calendar days, from date of the notice required by subsection (b)(1) of this section, the vehicle may be removed and disposed of by a tow truck operator on behalf of the city in accordance with subsection (b)(3) of this section, or the city may elect to remove and dispose of the vehicle in accordance with subsection (b)(4) of this section.

(3)

If a tow truck operator removes a derelict or junk vehicle pursuant to this section, the tow truck operator shall store and may dispose of the vehicle pursuant to the Louisiana Towing and Storage Act.

(4)

If the city removes a derelict or junk vehicle pursuant to this section, the city may dispose of the vehicle by any one or more of the following methods, at its option:

a.

The city may cause the vehicle to be delivered to a salvage or scrap facility and surrendered as scrap;

b.

The city may negotiate with any towing company or companies an agreement or agreements whereby the towing company or companies shall remove the vehicle in consideration of the towing company or companies receiving any salvage or scrap value which may be obtainable from the disposition of the vehicle;

c.

The city may otherwise dispose of the vehicle by any cost effective means available, including, but not limited to, the authorization of the city to pay reasonable fees to any third party willing to accept the vehicle if disposition of the vehicle is not immediately available by either of the methods specified in subsections (b)(4)(a) or (b)(4)(b) of this section.

(c)

To the extent that the city may incur any cost associated with the removal or abatement of the public nuisance caused by a derelict or junk vehicle, the owner of the derelict or junk vehicle, and/or any person placing, keeping, or storing the derelict or junk vehicle, and/or any owner or occupant of premises upon which the derelict or junk vehicle is placed, kept, or stored, shall be liable to the city for such costs. In the event that the owner of the premises upon which the derelict or junk vehicle was located is taxed for such costs, such costs, along with reasonable administrative charges, may be represented and secured by a privilege and lien preserved and enforced as permitted by applicable law, including, but not limited to, La. R.S. 33:4766.

(Ord. No. 3547, 10-13-2009)