Whenever the owner of the property on which the vehicle(s) or
parts thereof is located or the owner of the vehicle(s) or parts thereof
requests a hearing, the city manager shall issue to that person a
hearing notice allowing him or her to appear before the hearing officer
to show cause, if any, why the vehicle(s) or parts thereof is not
a public nuisance and should not be abated by the city. The hearing
notice indicating the time, place and date of the hearing shall be
served upon the requesting party either personally or by delivering
a copy 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 requesting party, not less than five days prior
to the hearing date.
Notice of the hearing shall also be given to the nearest office
of the California Highway Patrol and shall identify the vehicle(s)
or part(s) thereof proposed for removal. This notice shall be mailed
not less than five days prior to the hearing.
(Ord. 03-1 § 2; Ord. 12-11 § 3)
The hearing will be conducted, and a decision rendered thereon, in the same manner as set forth in Chapter
19.05 of this code, except that any order of abatement issued by the hearing officer shall require that abatement of the nuisance be physically completed five days after issuance of the order of abatement, or, in the alternative, within such time as the hearing officer, taking into consideration any recommendations by the city manager, shall determine to be reasonable under all of the circumstances.
If it is determined at the hearing that the vehicle was placed
on the land without the consent of the landowner and that he or she
has not subsequently acquiesced to its presence, then the hearing
officer 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 owner of the property.
(Ord. 03-1 § 2; Ord. 12-11 § 3)
The hearing officer's decision and any order of abatement issued by the committee pursuant to this chapter may be appealed in writing to the appeals board by any interested person, by filing with the city clerk a written appeal not later than five days following the decision and any order of abatement. The appeal shall in all other respects proceed in the same manner as an appeal pursuant to the provisions of Article 4 of Chapter
19.05 of this code.
The failure to file an appeal to the appeals board, pursuant
to this chapter, shall render the decision and any order of abatement
of the hearing officer final and conclusive, shall be deemed a failure
to exhaust administrative remedies, and shall act as a complete bar
to any legal proceeding challenging the city's abatement of the public
nuisance.
(Ord. 03-1 § 2)
The decision and any order of abatement of the appeals board
shall be final and conclusive on the date it is issued. Copies of
the decision shall be forthwith delivered to the parties personally
or 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. The decision shall include notification that any action
to judicially review said decision and order of abatement must be
commenced not later than ninety days following the date of the decision
and order of abatement, pursuant to
Code of Civil Procedure Section
1094.6.
(Ord. 03-1 § 2)