Abandoned, wrecked, dismantled or inoperative vehicles or parts
thereof located on parcels of land zoned for agricultural use or parcels
of land not improved with a residential structure containing one or
more dwelling units are declared to be public nuisances.
(Ord. 27 § 1, 1973; Ord. 449 § 1, 1989)
The provisions of this chapter shall not apply to the following:
A. A vehicle
or parts thereof which 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
B. A vehicle
or parts thereof which is stored or parked in a lawful manner on private
property in connection with the business of a licensed dismantler,
licensed vehicle dealer, a junk dealer or when storage or parking
is necessary to the operation of a lawfully conducted business or
commercial enterprise; or
C. When
the vehicle is undergoing emergency repairs, not to exceed forty-eight
hours in duration, necessary to make the vehicle operational, and
which repairs are restricted to vehicles owned by residents and members
of the families residing on the premises.
(Ord. 27 § 2, 1973; Ord. 269 § 2, 1983)
Abandoned, wrecked, dismantled or inoperative vehicles or parts
thereof shall be abated pursuant to the public nuisance abatement
provisions set forth in Title 14 of this code; provided, however,
that in addition to said procedures, the following regulations shall
apply:
A. There
shall be included in the notice to the property owner a statement
that he 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 reasons for such denial in lieu of appearing.
The notice of intention to abate shall be mailed by registered mail
to the owner of the land as shown on the last equalized assessment
roll and to the last registered and legal owner of record, unless
the vehicle was in such condition that identification numbers are
not available to determine ownership.
B. A public
hearing shall be held upon request for such a hearing by the owner
of the vehicle or the owner of the land on which such vehicle was
located. This request shall be made within ten days after the mailing
of notice of intention to abate and remove the vehicle. If the owner
of the land on which the vehicle is located submits a sworn written
statement denying responsibility for the presence of the vehicle on
his land within such time period, this statement shall be construed
as a request for hearing which does not require the presence of the
owner submitting such request. If such a request is not received within
such period, removal of the vehicle shall be authorized.
C. If,
at the hearing, the owner of the land upon which the vehicle is located
denies responsibility for the presence of the vehicle on the land,
either in person or by sworn written statement, and if it is determined
at the hearing that the vehicle was placed on the land without the
consent of the landowner and that he has not subsequently acquiesced
in its presence, the city council 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 the owner.
D. The
city manager or his authorized representative shall, within five days
after removing any such vehicle, notify the Department of Motor Vehicles,
identifying the vehicle or part thereof, and any evidence of registration
available, including, but not limited to, the registration certificates
of title or license plates.
E. After
any such vehicle has been removed, it shall not be reconstructed or
made operable, unless it is a vehicle which qualifies for either horseless
carriage license plates or historical vehicle license plates, in which
case the vehicle may be reconstructed or made operable.
(Ord. 27 § 3, 1973; Ord. 100 § 75, 1976; Ord. 916 § 5, 2006)
Abandoned, wrecked, dismantled or inoperative vehicles parked
on residential properties that are improved with one or more dwelling
units are declared to be public nuisances.
(Ord. 449 § 2, 1989)
Abandoned, wrecked, dismantled or inoperative vehicles or parts
thereof shall be abated pursuant to the public nuisance abatement
provisions set forth in Title 14 of this code; provided, however,
that in addition to said procedures, the following regulations shall
apply:
A. Notice
to Abate. Notice of public nuisance shall be mailed by registered
or certified mail to the owner of the land as shown on the last equalized
assessment roll and to the last registered and legal owner of record
of the vehicle, unless the vehicle was/is in such a condition that
identification numbers are not available to determine ownership. The
notice of public nuisance shall include a statement explaining to
the owner of the land that he/she 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/her reasons for such
denial in lieu of appearing.
B. Appeal—Hearing.
A public hearing shall be held upon request for such a hearing by
the owner of the vehicle or the owner of the land on which such vehicle
was located. This request shall be made within ten days after the
mailing of notice of public nuisance.
(Ord. 449 § 2, 1989; Ord. 916 § 6, 2006)
After such ten-day period, if the vehicle still exists on the
property in the same manner, the vehicle and/or property owner will
be issued a citation. Anyone violating any of the provisions of this
chapter shall be guilty of an infraction which will carry a fine of
not more than fifty dollars.
(Ord. 449 § 2, 1989)