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.
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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.
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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.
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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)