[§ 1, Ord. 850, eff. December 7, 1989]
As used in this chapter, unless the context otherwise clearly
indicates, the following words and phrases are defined as follows:
(a) VEHICLE – Shall mean a device by which any person or property
may be propelled, moved, or drawn upon a highway except a device designed
to be moved by human or animal power or used exclusively upon stationary
rails or tracks.
(b) HIGHWAY – Shall mean a way or place of whatever nature, publicly
maintained and open to the use of the public for purposes of vehicular
travel. Highway includes street.
(c) PUBLIC PROPERTY – Does not include "highway."
(d) OWNER OF THE LAND – Shall mean the owner of the land on which
the vehicle, or parts thereof, is located, as shown on the last equalized
assessment roll.
(e) OWNER OF THE VEHICLE – Shall mean the last registered owner
and legal owner of record.
(f) ABANDONED – Shall mean the voluntary relinquishment of possession
of a vehicle without any intent or affirmative effort on the part
of the owner thereof to reclaim it.
(g) CITY MANAGER – Shall mean the City Manager or the person designated
in writing by the City Manager to act on such City Manager's behalf.
[§ 1, Ord. 850, eff. December 7, 1989]
(a) The provisions of this chapter shall apply to abandoned, wrecked,
dismantled or inoperative vehicles, or parts thereof.
(b) This chapter shall not apply to:
(1)
A vehicle, or parts thereof, which is completely enclosed within
a building in a lawful manner where it is not visible from the street
or other public or private property; or
(2)
A vehicle, or parts thereof, which is stored or parked in a
lawful manner on private property in connection with the business
of a licensed dismantler, licensed vehicle dealer, a junk dealer,
or when such storage or parking is necessary to the operation of a
lawfully conducted business or commercial enterprise.
Nothing in this section or chapter shall authorize the maintenance
of a public or private nuisance as defined under provisions of law
or ordinance other than Chapter 10 (commencing with § 22660)
of Division II of the Vehicle Code and this chapter.
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[§ 1, Ord. 850, eff. December 7, 1989]
Except as otherwise provided herein, the provisions of this
chapter shall be administered and enforced by the City Manager.
(a) Upon discovering the existence of an abandoned, wrecked, dismantled,
or inoperative vehicle, or parts thereof, on private property or public
property within the City of Avalon, the City Manager shall have the
authority to cause the abatement and removal thereof in accordance
with the procedure prescribed herein.
(b) In the enforcement of this chapter, the City Manager or the person(s)
designated by the City Manager may enter upon private or public property
to examine a vehicle or parts thereof, obtain information as to the
identity of a vehicle and to remove or cause the removal of a vehicle
or parts thereof declared to be a nuisance pursuant to this chapter.
(c) The City Manager shall from time to time determine and fix an amount
to be assessed as administrative costs (excluding the actual cost
of removal of any vehicle or parts thereof) under this chapter.
[§ 1, Ord. 850, eff. December 7, 1989]
It shall be unlawful and a misdemeanor for any person to abandon,
park, store or leave, or permit the abandonment, parking, storing
or leaving of any vehicle, or part thereof, which is subject to removal
under the provisions of this chapter for a period in excess of 10
days.