When the city manager determines, pursuant to an inspection conducted according to this code, that the conditions existing on the property constitute a violation of this chapter, the city manager shall issue a notice of the city's intent to abate the vehicle(s) or parts thereof as a public nuisance, after the expiration of ten days from the date of service of the notice.
A. 
Content of Notice. This notice shall contain:
1. 
The street address and such other description as are required to identify the property on which the vehicle(s) or parts thereof is located;
2. 
The identity of the vehicle(s) or parts thereof to be abated;
3. 
A statement that the city manager has found the vehicle(s) or parts thereof to be a public nuisance as specified in this code with a special citation to the applicable section hereof, and to other sections of the city municipal code if applicable, including sufficient detail to provide the owner with information as to the conditions constituting the alleged nuisance;
4. 
A statement of the action required to be taken as determined by the city manager, and that such action is to be completed within ten days after the mailing of the notice;
5. 
A statement providing for a hearing by the hearing officer upon written request to the city manager by the owner of the property on which the vehicle or parts thereof, is located or by the owner of the vehicle, or parts thereof, within ten days after the date of the notice;
6. 
A statement that failure either to take the action required or to request a hearing within the specified time shall be deemed a waiver of such rights, and that the city manager may proceed to abate the nuisance.
The notice shall also include the following language:
As to any vehicle(s) or parts thereof listed herein, you may file with the hearing officer a sworn written statement denying responsibility for the presence on your property of the vehicle(s) or parts thereof listed, together with your reasons for such denial, or you may request a hearing without submitting a sworn written statement.
A sworn statement shall be construed as a request for a hearing at which you may, but need not, appears in person. You will be provided with the date, time, and place of any such hearing. At the hearing, your sworn written statement, and/or any evidence presented by you or on your behalf, will be considered by the hearing officer in determining whether the cost of removing said vehicle(s) or parts thereof will be assessed against your property as a lien in the event that removal of the vehicle(s) or parts thereof is undertaken by the city.
You need not file a sworn statement if you request a hearing and attend the hearing, but you may file a statement if you wish to do so. Such sworn statement will be considered only as to vehicle(s) or parts thereof, and will not be considered as to the existence of any other condition on your property which may be found to constitute a nuisance in this or any other proceeding.
B. 
Service of Notice. The notice shall be delivered by certified U.S. mail, postage prepaid and return receipt requested; U.S. mail delivery confirmation; U.S. mail signature confirmation; or such other delivery method that is reasonably calculated to provide actual notice to the owner of the property on which the vehicle is found as shown on the latest equalized assessment roll of the county of Sacramento using such address as may be shown by said assessment roll or such other address as may be known by the city manager, and to the last registered and legal owner(s) of record, unless the vehicle(s) or parts thereof is in such condition that identification numbers are not available to determine ownership.
The city manager, in his or her discretion, may, but is not required to, provide additional notice by posting a copy of the notice conspicuously on the vehicle(s) or parts thereof to be abated.
The failure of any owner or other person to receive the notice to abate or other notices required by this chapter shall not affect in any manner the validity of any proceeding taken under this chapter.
C. 
Exception to Issuing Notice. No notice of intention of abatement shall be required for the removal of a vehicle or parties thereof where both the owner of the land on which the vehicle or parts are located and the owner of the vehicle(s) signed releases authorizing removal and waiving further interest in the vehicles.
(Ord. 03-1 § 2; Ord. 12-11 § 3)
If the person(s) to whom a notice of intent to abate has been issued pursuant to this chapter fails to either abate the nuisance or request a hearing within the time set forth in this chapter, such failure shall render the notice of intent to abate final, and the notice shall have the same force and effect as an order of abatement. Additionally, the person(s) to whom the notice was directed shall be deemed to have failed to exhaust his, her or its administrative remedies, and such failure to exhaust administrative remedies shall act as a complete bar to any legal proceeding challenging the city's abatement of the public nuisance.
(Ord. 03-1 § 2)