[§ 1, Ord. 850, eff. December 7, 1989]
A ten-day notice of intention to abate and remove the vehicle, or parts thereof, as a public nuisance shall be mailed by registered mail to the owner of the land and to the last registered and legal owner of the vehicle, unless the vehicle is in such condition that identification numbers are not available to determine ownership. The notices of intention shall be in substantially the form set out in § 5-16.16 of this chapter. However, the ten-day notice of intention to abate and remove the vehicle or parts thereof shall not be required if both the property owner and the owner of the vehicle have signed releases authorizing removal and waiving further interest in the vehicle or part thereof.
The ten-day notice shall not be required for removal of a vehicle or part thereof which is located upon a parcel which is not improved with a residential structure and which is inoperable due to the absence of a motor, transmission, or wheels and incapable of being towed, is valued at less than $200 by a person specified in Vehicle Code § 22855, and is determined by the City Manager to be a public nuisance presenting an immediate threat to public health or safety, provided that the property owner has signed a release authorizing removal and waiving further interest in the vehicle or part thereof. Prior to final disposition under § 5-16.15 of such a low valued vehicle or part for which evidence of registration was recovered, the City Manager shall provide notice to the registered and legal owners of intent to dispose of the vehicle or part, and if the vehicle or part is not claimed and removed within 12 days after the notice is mailed, from a location specified in § 5-16.15, final disposition may proceed. Neither the City nor a contractor thereof shall be liable for damage caused to a vehicle or part thereof by removal pursuant to this paragraph.
[§ 1, Ord. 850, eff. December 7, 1989]
If a request by the owner of the vehicle or the owner of the
property on which the vehicle is located is received by the City Manager
within 10 days after the mailing of the notices of intention to abate
and remove, a public hearing shall be held by the City Manager on
the question of abatement and removal of the vehicle or parts thereof
as an abandoned, wrecked, dismantled or inoperative vehicle, and the
assessment of the administrative costs and the cost of removal of
the vehicle or parts thereof against the property on which it is located.
(a)
If the owner of the land submits a sworn written statement denying
responsibility for the presence of the vehicle on his or her land
within such 10 day period, said statement shall be construed as a
request for a hearing which does not require his or her presence.
(b)
If such a request for hearing is not received within 10 days after
mailing of the notice of intention to abate and remove, the City shall
have the authority to abate and remove the vehicle or parts thereof
as a public nuisance without holding a public hearing.
(c)
Notice of the hearing shall be mailed, by registered mail, at least
10 days before the hearing to the owner of the land and to the owner
of the vehicle, unless the vehicle is in such condition that identification
numbers are not available to determine ownership.
[§ 1, Ord. 850, eff. December 7, 1989]
All hearings pursuant to this chapter shall be held before the
City Manager who shall hear all facts and testimony such City Manager
deems pertinent. Said facts and testimony may include testimony of
the condition of the vehicle or parts thereof and the circumstances
concerning its location on the private property or public property.
The City Manager shall not be limited by the technical rules of evidence.
The owner of the land may appear in person at the hearing or present
a sworn written statement in time for consideration at the hearing,
and deny responsibility for the presence of the vehicle on the land,
with his or her reasons for such denial.
[§ 1, Ord. 850, eff. December 7, 1989]
(a)
The City Manager may authorize such action as such City Manager deems
appropriate under the circumstances to carry out the purpose of this
chapter. The City Manager may delay the time for removal of the vehicle
or parts thereof if, in the City Manager's opinion, the circumstances
justify it. At the conclusion of the public hearing, the City Manager
may find that a vehicle or parts thereof has been abandoned, wrecked,
dismantled or is inoperative on private or public property and order
the same removed from the property as a public nuisance and disposed
of as hereinafter provided and determine the administrative costs
and the cost of removal are to be charged against the owner of the
land. The order requiring removal shall include a description of the
vehicle, or parts thereof and the correct identification number and
license number of the vehicle, if available.
(b)
If it is determined at the hearing that the vehicle was placed on
the land without the consent of the owner of the land and that the
owner of the land has not subsequently acquiesced in its presence,
the City Manager shall not assess the costs of administration or removal
of the vehicle against the property upon which the vehicle is located
or otherwise attempt to collect such costs from the owner of the land.
(c)
If an interested party makes a written presentation to the City Manager
but does not appear at the hearing, he or she shall be notified in
writing of the decision.
[§ 1, Ord. 850, eff. December 7, 1989]
Any interested party may appeal a decision of the City Manager
to the City Council by filing a written notice of appeal with the
City Clerk within five days after the City Manager's decision.
[§ 1, Ord. 850, eff. December 7, 1989]
(a)
Five days after adoption of the order declaring the vehicle or parts thereof to be a public nuisance, five days from the date of mailing of notice of the decision by the City Manager if such notice is required by § 5-16.13(c), or 15 days after action by the City Council authorizing removal following an appeal, whichever is later, the vehicle or parts thereof may be disposed of by removal to a scrapyard or automobile dismantler's yard, or any suitable site operated by a local authority for processing of scrap.
(b)
After a vehicle has been removed it shall not thereafter be reconstructed
or made operable, unless it is a vehicle which qualifies for either
horseless carriage license plates or historical vehicle license plates,
pursuant to Vehicle Code § 5004, in which case the vehicle
may be reconstructed or made operable.
(c)
When the City Council has contracted with or granted a franchise
to any person or persons, such person or persons shall be authorized
to enter upon private property to remove or cause the removal of a
vehicle or parts thereof declared to be a nuisance pursuant to this
chapter.
[§ 1, Ord. 850, eff. December 7, 1989]
Within five days after the date of removal of the vehicle or
parts thereof, notice shall be given to the Department of Motor Vehicles
identifying the vehicle or part(s) removed. At the same time there
shall be transmitted to the Department of Motor Vehicles any evidence
of registration including, but not limited to, the registration card,
certificates of ownership and license plates.
[§ 1, Ord. 850, eff. December 7, 1989]
If the administrative costs and the cost of removal are charged against the owner of land pursuant to § 5-16.13 and are not paid within 30 days of the date of the order, or the final disposition of an appeal therefrom, such costs shall be assessed against the parcel of land pursuant to § 5-16.10 of the Government Code and shall be transmitted to the tax collector for collection.
[§ 1, Ord. 850, eff. December 7, 1989]
The notices of intention to abate and remove a vehicle as required in § 5-16.10 of this chapter shall be in substantially the following forms:
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NOTICE OF INTENTION TO ABATE AND REMOVE AN ABANDONED, WRECKED,
DISMANTLED, OR INOPERATIVE VEHICLE OR PARTS THEREOF AS A PUBLIC NUISANCE
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(Name and address of owner of the land)
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As owner of the land located at _______________, as shown on the last equalized assessment roll, you are hereby notified that the undersigned has determined that there exists upon said land an (or parts of an) abandoned, wrecked, dismantled or inoperative vehicle registered to _______________ license number _______________, which constitutes a public nuisance pursuant to the provisions of Chapter 5-16, Title 5 of the Avalon Municipal Code.
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You are hereby notified to abate said nuisance by the removal
of said vehicle (or said parts of a vehicle) within 10 days from the
date of mailing of this notice, and upon your failure to do so the
same will be abated and removed by the City of Avalon and the costs
thereof, together with administrative costs, assessed to you as owner
of the land on which said vehicle (or said parts of a vehicle) is
located.
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You are hereby notified that you may, within 10 days after the
mailing of this notice of intention, request a public hearing before
the City Manager and if such a request is not received by the City
Manager within such ten-day period, the City Manager shall have the
authority to abate and remove said vehicle (or said parts of a vehicle)
as a public nuisance and assess the costs as aforesaid without a public
hearing. You may submit a sworn written statement within such ten-day
period denying responsibility for the presence of said vehicle (or
said parts of a vehicle) on said land, with your reasons for denial,
and such statement shall be construed as a request for hearing at
which your presence is not required. You may appear in person at any
hearing requested by you or the owner of the vehicle or, in lieu thereof,
may present a sworn written statement as aforesaid in time for consideration
at such hearing.
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Notice Mailed
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s/
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(date)
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City Manager
City of Avalon
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NOTICE OF INTENTION TO ABATE AND REMOVE AN ABANDONED, WRECKED,
DISMANTLED OR INOPERATIVE VEHICLE OR PARTS THEREOF AS A PUBLIC NUISANCE
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(Name and address of last registered and/or legal owner of record
of vehicle — Notice should be given to both if different)
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As last registered (and/or legal) owner of record of (description of vehicle - Make, model, license, etc.), you are hereby notified that the undersigned had determined that said vehicle (or parts of a vehicle) exists as an abandoned, wrecked, dismantled or inoperative vehicle at (describe location on public or private property) and constitutes a public nuisance pursuant to the provisions of Chapter 5-16, Title 5 of the Avalon Municipal Code.
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You are hereby notified to abate said nuisance by the removal
of said vehicle (or said parts of a vehicle) within 10 days from the
date of mailing of this notice of mailing.
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As registered (and/or legal) owner of record of said vehicle,
you are hereby notified that you may, within 10 days after the mailing
of this notice of intention, request a public hearing before the City
Manager and if such a request is not received by the City Manager
within such ten-day period, the City Manager shall have the authority
to abate and remove said vehicle (or said parts of a vehicle) without
a hearing.
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Notice Mailed
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s/
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(date)
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City Manager
City of Avalon
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