The requirements of this chapter apply to any action taken to abate as a public nuisance an abandoned, wrecked, dismantled or inoperative vehicle or parts thereof from private or public property.
(Ord. 626 § 1 Exh. A, 2007)
Note: Prior code history: Prior code §§ 26-8—26-16.
shall mean any vehicle which cannot be legally operated on the street because of lack of current registration, lack of an engine, transmission, wheels, tires, windshield or any other part or equipment necessary to operate on public streets and/or highways.
(Ord. 626 § 1 Exh. A, 2007)
A.
This chapter shall not apply to:
1.
A vehicle, or part thereof, that 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 part thereof, that is stored or parked in a lawful manner on private property in connection with the business of a licensed dismantler, licensed vehicle dealer, or a junkyard.
(Ord. 626 § 1 Exh. A, 2007)
This chapter is not the exclusive regulation of abandoned, wrecked, dismantled or inoperative vehicles within the city. It shall supplement and be in addition to the other regulatory codes, statutes and ordinances heretofore or hereafter enacted by the city, the state or any legal entity or agency having jurisdiction, and shall work in conjunction with Chapter 8.16, regarding abatement of nuisances. All capitalized terms not defined herein shall have the definition as set forth in Chapter 8.16 of this Municipal Code.
(Ord. 626 § 1 Exh. A, 2007)
When the city has contracted with or granted a franchise to any person or persons, such person or persons shall be authorized to enter upon private or public property to remove or cause the removal of a vehicle or parts thereof declared to be a nuisance pursuant to this chapter.
(Ord. 626 § 1 Exh. A, 2007)
Administrative costs incurred by the city under this chapter shall be assessed pursuant to Section 8.16.210 of the Municipal Code.
(Ord. 626 § 1 Exh. A, 2007)
Upon discovering the existence of an abandoned, wrecked, dismantled or inoperative vehicle, or parts thereof, on private property or public property within the city, the department head shall have the authority to cause the abatement and removal thereof in accordance with the procedure prescribed in this chapter.
(Ord. 626 § 1 Exh. A, 2007)
A notice of violation to abate and remove a vehicle or parts thereof as a public nuisance, as required by Section 8.16.290, shall be served by registered or certified mail on the owner of the land as shown on the last equalized assessment roll and the owner of record of the vehicle, unless the vehicle is in such condition that identification numbers are not available to determine ownership. The notice of violation shall comply with Section 8.16.130, and also shall be in substantially the following forms:
NOTICE OF INTENTION TO ABATE AND REMOVE AN ABANDONED, WRECKED, DISMANTLED, OR INOPERATIVE VEHICLE OR PARTS THEREOF AS A PUBLIC NUISANCE (Name and address of owner or land) |
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As owner shown on the last equalized assessment roll of the land located at (address), you are hereby notified that the undersigned, pursuant to Rio Vista City Code Chapters 8.16 and 10.16, has determined that there exists upon your land an abandoned, wrecked, dismantled or inoperative vehicle (or parts thereof) registered to __________, license number __________, which constitutes a public nuisance pursuant to provisions of Chapters 8.16 and 10.16. You are hereby notified to abate the nuisance by removing the vehicle (or parts of the vehicle) within 10 days from the date of mailing of this Notice. If you fail to remove the vehicle or parts within 10 days, the City will abate the nuisance by removing the vehicle or parts to a scrap yard or automobile dismantler's yard, after which the vehicle or parts shall not again be made operable or reconstructed. Removal costs and administrative costs will then be assessed to you as owner of the land on which the vehicle or parts are located. As owner of the land on which the vehicle or parts of the vehicle are located, you are hereby notified that you may, within 10 days after the mailing of this Notice, request a public hearing. If such a request is not received by the Department Head within the 10 day period, the Department Head shall have the authority to abate and remove the vehicle or parts of the vehicle as a public nuisance and assess the removal and administrative costs without a public hearing. You may submit a sworn written statement within such 10 day period denying responsibility for the presence of the vehicle or parts of the vehicle on your land, with your reasons for denial. Such statement shall be construed as a request for hearing at which your presence is not required. You may appear in person at the hearing requested by you or the owner of the vehicle or, in lieu thereof, may present a sworn written statement in time for consideration at the hearing. You may appear in person at the hearing requested by you or the owner of the vehicle or, in lieu thereof, may present a sworn written statement in time for consideration at the hearing. You may, through such sworn written statement deny responsibility for the presence of the vehicle or parts on your land with your reasons for denial. Notice mailed________________________ (date) [Department Head] |
(Name and address of last registered and/or legal owner of record of vehicle — Notice should be given to both if different) As the last registered (and/or legal) owner of record of (description of vehicle make, model, license, etc.) you are hereby notified that the undersigned pursuant to Rio Vista City Code Chapters 8.16 and 10.16, has determined that the vehicle (or parts of the vehicle) exist 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 Chapters 8.16 and 10.16. You are hereby notified to abate the nuisance by removing the vehicle or parts of the vehicle within 10 days from the date of mailing of this Notice. If you fail to remove the vehicle or parts within 10 days, the City will abate the nuisance by removing the vehicle or parts to a scrap yard or automobile dismantler's yard, after which the vehicle or parts shall not again be made operable or reconstructed. Removal costs and administrative costs will then be assessed to you as owner of the land on which the vehicle or parts are located. As registered (and/or legal) owner of record of the vehicle (or parts of the vehicle), you are hereby notified that you may, within 10 days after mailing of this Notice, request a public hearing. If such a request is not received by the Department Head within the 10 day period, the Department Head shall have the authority to abate and remove the vehicle or parts of the vehicle without hearing. Notice mailed________________________ (date) [Department Head] |
(Ord. 626 § 1 Exh. A, 2007)
Upon request by the owner of the vehicle or owner of the land received by the department head within 10 days after the mailing of the notices of intention to abate and remove, a public hearing shall be held by the hearing officer in accordance with Section 8.16.170 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. The owner of the land on which the vehicle is located may appear in person at the hearing or may present a sworn written statement denying responsibility for the presence of the vehicle on the land, with his or her reasons for the denial. If it is determined at the hearing that the vehicle was placed on the land without the consent of the landowner and that the landowner has not subsequently acquiesced to its presence, then the city shall not assess costs of administration or removal of the vehicle against the property upon which the vehicle is located or otherwise attempt to collect those costs from the landowner.
(Ord. 626 § 1 Exh. A, 2007)
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 10 days after the mailing of the notice of violation to abate and remove, the statement shall be construed as a request for a hearing that does not require the owner's presence. If such a request for hearing is not received within the 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.
(Ord. 626 § 1 Exh. A, 2007)
At the conclusion of the public hearing, the hearing officer 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 provided in this chapter and determine the administrative costs and the cost of removal 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 at the site.
(Ord. 626 § 1 Exh. A, 2007)
If it is determined at the hearing that the vehicle was placed on the land without consent of the owner of the land and that he or she has not subsequently acquiesced in its presence, the hearing officer 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 such owner of the land.
(Ord. 626 § 1 Exh. A, 2007)
If the owner of the land summits a sworn written statement denying responsibility for the presence of the vehicle on his or her land but does not appear, or if an interested party makes a written presentation to the hearing officer but does not appear, he or she shall be notified in writing of the decision.
(Ord. 626 § 1 Exh. A, 2007)
Once the decision of the hearing officer becomes final, the vehicle or parts thereof found to be a public nuisance may be disposed of by removal to a scrap yard or automobile dismantler's yard 10 calendar days after adoption of the order declaring the vehicle or parts thereof to be public nuisance. After a vehicle has been removed it shall not thereafter be reconstructed or made operable, unless it is a vehicle that qualifies for either horseless carriage license plates or historical vehicle plates, pursuant to California Vehicle Code Section 5004, in which case the vehicle may be reconstructed or made operable.
(Ord. 626 § 1 Exh. A, 2007)
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 parts thereof removed. At the same time there shall be transmitted to the Department of Motor Vehicles any evidence or registration available, including registration certificates, certificates of title and license plates.
(Ord. 626 § 1 Exh. A, 2007)
If the administrative costs and the cost of removal which are charged against the owner of the land pursuant to Section 8.16.280 are not paid within 30 days of the date of the order, 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 city taxes.
(Ord. 626 § 1 Exh. A, 2007)