In addition to and in accordance with the authority granted
to the city by the state under Section 22660 of the
Vehicle Code to
remove abandoned, wrecked, dismantled or inoperative vehicles or parts
thereof as public nuisances, the city council makes the following
findings and declarations:
The accumulation and storage of abandoned, wrecked, dismantled
or inoperative vehicles or parts thereof on private or public property
is found to create a condition tending to reduce the value of private
property, to promote blight and deterioration, to invite plundering,
to create fire hazards, to constitute a nuisance creating a hazard
to the health and safety of minors, to create a harborage for rodents
and insects and to be injurious to the health, safety and general
welfare. Therefore, the presence of an abandoned, wrecked, dismantled
or inoperative vehicle or part thereof, on private or public property
except as expressly permitted in this chapter, is declared to constitute
a public nuisance which may be abated as such in accordance with the
provisions of this chapter.
(Ord. 93-20 § 1)
Except as otherwise provided, the provisions of this chapter
shall be administered and enforced by the building official, or designee.
(Ord. 93-20 § 1)
A notice of intention to abate and remove a vehicle or part
thereof as a public nuisance shall be mailed, by registered or certified
mail, to the owner of the land as shown on the last equalized assessment
roll and to the last registered and legal owners of record unless
the vehicle is in such condition that identification numbers are not
available to de-termine ownership. The service is complete at the
time of such deposit. The notice shall contain a statement of hearing
rights of the owner of the property on which the vehicle is located
and of the owner of the vehicle. The statement shall include notice
to the property owner that he may appear in person at a hearing or
may submit a sworn written statement denying responsibility for the
presence of the vehicle on the land, with his reasons for such denial,
in lieu of appearing.
(Ord. 93-20 § 1)
A notice of intention to abate shall not be required if any
of the following conditions are satisfied:
A. The
property owner and the owner of the vehicle have signed releases authorizing
removal and waiving further interest in the vehicle or part thereof;
B. The
vehicle or part thereof is valued at less than one hundred dollars
by the building official, is parking, resting or otherwise immobilized
on any street, highway or public right-of-way, and due to the absence
of a motor, transmission, wheels or other equipment, may not be operated
safely on the highways of the state of California;
C. The
vehicle or part thereof is valued at less than three hundred dollars
by the building official and the building official complies with Vehicle
Code Section 22850.3, et seq., in removing the vehicle; or
D.
1. The
vehicle or part thereof is inoperable due to the absence of a motor,
transmission or wheels and is incapable of being towed,
2. The
vehicle or part thereof is valued at less than two hundred dollars
by the building official,
3. The
building official has determined that the vehicle or part thereof
is a public nuisance presenting an immediate threat to public health
or safety,
4. The
property owner has signed a release authorizing the removal and waiving
further interest in the vehicle or part thereof, and
5. The
vehicle is located upon a parcel that is either zoned for agricultural
use or is not improved with a residential structure containing one
or more dwelling units.
If a vehicle is removed pursuant to subsection D of this section, prior to final disposition, the registered or legal owner shall be notified of the intent to dispose of the vehicle or part thereof. If the vehicle or part thereof is not claimed and removed from the scrapyards, automobile dismantler's yard or public disposal area within twelve days after the notice to dispose of vehicle is mailed, final disposition may proceed.
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(Ord. 93-20 § 1)
Upon a timely request by the owner of the property on which
the vehicle is located or the owner of the vehicle, a public hearing
shall be held on the question of abatement and removal of the vehicle
or part thereof as an abandoned, wrecked, dismantled or inoperative
vehicle and the assessment of the administrative costs, including
attorney fees, and the cost of removal of the vehicle or part thereof
against the property on which it is located. This request shall be
made in writing to the building official within ten days after the
mailing of the notice of intention to abate and remove the vehicle
or at the time of signing a release authorizing the removal and waiving
further interest in the vehicle or part thereof. If the owner of the
property on which the vehicle is located submits a sworn written statement
denying responsibility for the presence of the vehicle on his land
within such time period, this statement shall be construed as a request
for hearing which does not require the presence of the property owner.
If the request for a hearing is not received within such period, the
building official shall have the authority to remove or cause the
removal of the vehicle.
(Ord. 93-20 § 1)
Any interested party may appeal the decision of the hearing officer by filing a written notice of appeal with the city clerk within ten days after the decision and by paying the appeal fee set by resolution. Such appeal shall be heard by the city council which may affirm, amend or reverse the order or take any other action deemed appropriate. The city clerk shall give written notice of the time and place of the hearing to the appellate and those persons specified in Section
10.32.040. In conducting the hearing, the city council shall not be limited by the technical rules of evidence. The decision of the city council shall be final.
(Ord. 93-20 § 1)
Neither the city, its employees, agents or contractors shall
be liable for damage caused to a vehicle or part thereof by removal
pursuant to this chapter.
(Ord. 93-20 § 1)
Within five days after the date of removal of the vehicle or
part thereof, notice shall be given to the department of motor vehicles
identifying the vehicle or part thereof removed. At the same time
there shall be transmitted to the department of motor vehicles any
evidence of registration available, including registration certificates,
certificates of title or license plates.
(Ord. 93-20 § 1)
The building official, or the city council on appeal, shall
determine the administrative costs and the cost of removal to be charged.
If the administrative costs and the cost of removal are charged against
the owner or a parcel of land pursuant to this chapter and are not
paid within thirty 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 Section 38773.5 of the
Government Code and shall
be transmitted to the tax collector for collection. The assessment
shall have the same priority as other taxes.
(Ord. 93-20 § 1)
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 or public property to remove or cause
the removal of a vehicle or part thereof declared to be a nuisance
pursuant to this chapter.
(Ord. 93-20 § 1)
No person shall fail or refuse to remove an abandoned, wrecked,
dismantled or inoperative vehicle or part thereof or refuse to abate
such nuisance when ordered to do so in accordance with the abatement
provisions of this chapter or state law where such state law is applicable.
(Ord. 93-20 § 1)
A violation of this chapter is declared to be unlawful and a
public nuisance. The city attorney shall be authorized to commence
action or actions for the abatement, and removal and enjoinment thereof
and for the collection of the costs of abatement, including administrative
and attorney's fees and civil penalties in the manner provided by
law.
(Ord. 93-20 § 1)
All remedies provided for in this chapter shall be cumulative
and not exclusive. The conviction and punishment of any person hereunder
shall not relieve such person from the responsibility of abating and
removing an abandoned, wrecked, dismantled or inoperative vehicle
or parts thereof.
(Ord. 93-20 § 1)