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 Article, is declared to constitute
a public nuisance which may be abated as such in accordance with the
provisions of this Article.
Except as otherwise provided in this Article, the provisions
of this Article shall be administered and enforced by the Director
of Community Development. The Director of Community Development may
enter upon private or public property to examine a vehicle or parts
thereof, or obtain information as to the identity of the vehicle and
to remove or cause the removal of a vehicle or part thereof declared
to be a public nuisance pursuant to this Article.
Any interested party may appeal the decision of the hearing officer by filing a written notice of appeal with the City Clerk within 10 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 appellant and those persons specified in Section
6.14.206. 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.
The hearing officer, or the City Council on appeal, shall determine
the administrative costs and 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 Article 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 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.
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 Article.
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 and license plates.
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 Article or State law where such State law is applicable.
Neither the City nor any contractor thereof shall be liable
for damage caused to a vehicle or part thereof by removal pursuant
to this Article.
This Article 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 other
legal entity or agency having appropriate jurisdiction.