A. 
The provisions of this chapter are intended to provide a procedure for the abatement of abandoned, wrecked, dismantled or inoperative vehicles, and these provisions are enacted under the authority granted by the State under Section 22660 et seq., of the Vehicle Code.
B. 
It is the intent of the Council to provide that the abatement of public nuisances consisting of abandoned, wrecked, dismantled and inoperative vehicles or parts thereof on private or public property, except highways, may be carried on either concurrently with or separate from the abatement of other conditions, if any, constituting a public nuisance on any premises within the City, as deemed appropriate under the circumstances.
(Prior code § 14A-4-1)
When the Community Development Director determines pursuant to an inspection conducted according to Section 9.04.060, that the conditions existing on the premises constituting a violation of the provisions of this chapter are the result of the existence on said premises of any abandoned, wrecked, dismantled or inoperative vehicle(s), or parts thereof, and should be abated, the Community Development Director shall, except as provided in Section 9.08.030, do the following:
A. 
Issue a notice of the City's intention to abate and remove the vehicle(s) or parts thereof after the expiration of 10 days, as a public nuisance, directed to the owner of the premises on which the vehicle(s) or parts thereof is located and the owner of the vehicle(s) or parts thereof. This notice shall contain:
1. 
The street address and such other description as is required to identify the premises on which the vehicle(s) or parts thereof is located;
2. 
The identity of the vehicle(s) or parts thereof to be abated, including license and/or vehicle identification number if available;
3. 
A statement that the Community Development Director has found the vehicle(s) or parts thereof to be a public nuisance as specified in this chapter with a special citation to the applicable section thereof, and to other sections of the City 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 Community Development Director, and that such action is to be completed within 10 days after the date of the mailing of the notice;
5. 
A statement that removal from the location specified in the notification to another location upon which storage is not permitted is prohibited and shall subject the person to additional penalties without further notice;
6. 
A statement that if removal is made within the time limits specified, notification shall be given in writing to the Community Development Director;
7. 
A statement of the penalties provided for noncompliance with such notice;
8. 
A statement providing for a hearing by the hearing officer upon written request to the Community Development Director by the owner of the premises on which the vehicle(s) or parts thereof is located or by the owner of the vehicle(s) or parts thereof within 10 days after the date of the mailing of the notice;
9. 
A statement that failure either to take the action required or to request a hearing within the applicable 10-day period shall be deemed a waiver of such rights, and that the Community Development Director may proceed to abate the nuisance in the manner prescribed in Section 9.08.130.
B. 
The notice shall be sent by registered or certified mail, postage prepaid, to the owner of the premises as shown on the latest equalized assessment roll of the County using such address as may be shown by the assessment roll or such other address as may be known by the Community Development Director 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.
C. 
Upon issuance of the notice, the Community Development Director may provide additional notice by posting a copy thereof conspicuously on the vehicle(s) or parts to be abated.
D. 
If the owner of the premises and the owner of the vehicle(s) have signed releases authorizing removal and waiving further interest in the vehicle(s) or parts thereof, no notice of intention is required.
(Prior code § 14A-4-2)
No notice of intention of hearing shall be required for removal of a vehicle or parts thereof which is inoperable due to the absence of a motor, transmission or wheels and incapable of being towed, and is valued at less than $200.00 by the Community Development Director provided that the following conditions are met:
A. 
The owner of the land on which the vehicle or parts thereof is located, has signed a release authorizing the removal of the vehicle or parts and waiving further interest in the same;
B. 
The other applicable provisions of this part pertaining to the removal and abatement of inoperative vehicles are complied with;
C. 
The inoperable vehicle or part(s) is located on a parcel of land that is zoned for agricultural use or not improved with residential structures containing one or more dwelling units;
D. 
Prior to final disposition of such a low-value vehicle or parts for which evidence of registration has been recorded, the Community Development Director shall provide written notice to the registered and legal owners of intent to dispose of the vehicle or parts and that if the vehicle or part(s) is not claimed and removed within 12 days after the notice is mailed, final disposition may proceed.
(Prior code § 14A-4-3)
The notice of intention shall include the following statement on the copy of the notice sent to the owner of the premises:
As to any vehicle(s) or parts thereto listed herein, you may appear in person at a hearing or you may file with the hearing officer a sworn statement denying responsibility for the presence on your property of the vehicle(s) or parts thereof listed, together with your reasons for such denial.
Your statement shall be construed as a request for a hearing which you need not attend.
At the hearing, your statement 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 vent that removal of the vehicle(s) or parts thereof is undertaken by the City.
You need not file a sworn statement if you intend to attend the hearing, but you may do so if you wish. 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.
(Prior code § 14A-4-4)
A. 
Whenever the owner of the premises on which the vehicle(s) or part(s) thereof is located or the owner of the vehicle(s) or part(s) thereof requests a hearing (hereinafter called "requesting party") the Community Development Director shall issue a hearing notice to the requesting party allowing that party to appear before a hearing officer to show cause why the vehicle(s) or part(s) thereof is not a public nuisance and should not be abated by the City. The hearing notice shall be served upon the requesting party either personally or by mailing a copy of such notice by certified mail, postage prepaid, return receipt requested, not less than five calendar days prior to the hearing date.
B. 
Notice of 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; such notice shall be mailed not less than five calendar days prior to the hearing.
(Prior code § 14A-4-5)
At the time fixed in the notice required by Section 9.08.040, the hearing officer shall proceed to hear the testimony of the Community Development Director, requesting party, and other competent person regarding the condition of the vehicle(s) or parts thereof and other relevant facts concerning the matter.
(Prior code § 14A-4-6)
A. 
If it is shown by the evidence that the condition of the vehicle(s) or parts thereof constitute a violation of this chapter, the decision of the hearing officer shall be in writing and shall contain findings of fact and a determination of the issues presented. The hearing officer shall issue an order that the vehicle(s) or parts thereof are a public nuisance and direct the owner to abate the nuisance, and that if the nuisance is not abated, it may be abated by the City in such manner as may be ordered by the Community Development Director and the expense thereof may be made a lien on the property involved, unless the hearing officer has found that the owner of the premises is not responsible for the presence of the vehicle(s) or parts thereof on his or her property. The order shall identify the abandoned, wrecked, dismantled or inoperative vehicle(s) or parts there to be abated. The order shall require that abatement of the nuisance be physically completed five days after issuance of the order or, in the alternative, within such time as the Community Development Director shall determine to be reasonable under all of the circumstances.
B. 
The decision shall also inform the requesting party that the time for application for judicial review is governed by California Code of Civil Procedure Section 1094.6. Copies of the decision shall be forthwith delivered to the parties personally or sent to them by certified mail. The decision shall be final when signed by the hearing officer and served as provided in this section, except an appeal may be sought as provided in this section.
C. 
An appeals process may be instituted as governed in Section 9.04.070(C).
D. 
In the event the hearing officer finds, pursuant to a sworn statement of the owner of any premises or otherwise, that a vehicle which is ordered abated was placed on the premises without the consent of the owner, who did not later acquiesce to its presence on such premises, then the hearing officer shall certify its findings to the Community Development Director, who shall not allocate the cost of the removal of such vehicle to the owner of the premises in his or her report filed with the clerk.
(Prior code § 14A-4-7)
In the event the Community Development Director shall determine that the owner or person in possession of premises which have been declared a nuisance and ordered abated according to the provision of this chapter, in whole or in part because of the existence thereof of any abandoned, wrecked, dismantled or inoperative vehicle or vehicles specifically identified and ordered abated by the Community Development Director in his or her notice issued pursuant to Section 9.08.020 and has caused or permitted another vehicle or other vehicles to replace those removed or ordered removed, the Community Development Director shall:
A. 
Notify the owner of the premises that the act is in violation of the notice of the Community Development Director, and order the owner to remove such vehicle(s) or parts thereof; and
B. 
Notify the City Attorney of the violation. The City Attorney shall have recourse to every remedy provided by law, including seeking an injunction, to prevent the owner of the premises from placing or causing to be placed upon the premises any abandoned, wrecked, dismantled or inoperative vehicle.
(Prior code § 14A-4-8)
The provisions of this chapter do not apply to any vehicle(s) or parts thereof which:
A. 
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. 
Is stored or parked in a lawful manner on private property in connection with the business of a licensed dismantler, licensed vehicle dealer or a junkyard; provided, such business is not unsightly or otherwise detrimental to the public health, safety or welfare.
(Prior code § 14A-4-9)
No person shall abandon a vehicle upon public or private property without the express or implied consent of the owner or person in lawful possession or control of the property. Violation of this section shall be a misdemeanor.
(Prior code § 14A-4-10)
It is unlawful for any person, after notification has been given to remove any abandoned, wrecked, dismantled or inoperative vehicle or motor vehicle accessories from any private property, to move the same to any other private property upon which storage is not permitted or onto any public highway or other public property for purposes of storage.
(Prior code § 14A-4-11)
A. 
No person who owns or has possession, custody or control of any vehicle shall place such vehicle upon any street, alley or City parking lot for more than a consecutive period of 72 hours.
B. 
In the event a vehicle is placed or left standing upon a street, alley or City parking lot in excess of 72 hours, the Community Development Director may cause such vehicle to be removed from the street, alley or City parking lot in the manner and subject to requirements of the Vehicle Code of the State.
(Prior code § 14A-4-12)
A. 
In the event the Community Development Director must cause to be removed a vehicle or parts thereof ordered abated pursuant to this chapter, the Community Development Director may cause the vehicle, or parts thereof, to be taken to a licensed scrap yard or automobile dismantler's yard. In furtherance of this section, the Community Development Director is expressly authorized to enter upon the premises for the purpose of abating the nuisance, subject to the limitations and requirements set forth in Section 9.04.080.
B. 
Thereafter, the licensed dismantler or owner of the commercial enterprise who receives possession of the vehicle from the City shall be deemed to be the sole owner of the vehicle by reason of involuntary transfer made pursuant to law. After a vehicle has been removed it shall not thereafter be reconstructed or made operable, unless it is a vehicle which qualifies for either horseless carriage license plates or historical vehicle license plates, pursuant to Vehicle Code Section 5004. Licensed dismantlers or commercial enterprises acquiring vehicles removed pursuant to this chapter shall be excused from the reporting requirements of Section 11520 of the Vehicle Code, and any fees and penalties which would otherwise be due the Department of Motor Vehicles are waived pursuant to Section 22660 of the Vehicle Code; provided, that a copy of the order made pursuant to this chapter is retained in the business records of the dismantler or commercial enterprises.
(Prior code § 14A-4-13)
Within five days after the date of removal of the vehicle or parts thereof, notice shall be given to the Department of Motor Vehicles identifying the vehicle or part thereof removed. There shall also be transmitted to the Department of Motor Vehicles any evidence of registration available, including, but not limited to, the registration card, certificates of ownership or license plates.
(Prior code § 14A-4-14)
A. 
The Community Development Director shall keep an account of the costs and expenses of abating a nuisance under this chapter, and shall render a statement of such costs of the person or persons receiving the notice to abate.
B. 
Such person or persons receiving the notice to abate shall be liable to the City for any and all costs and expenses to the City involved in abating the nuisance.
C. 
Costs and expenses as referred to in this section shall include, but are not limited to, any and all direct costs related to personnel salaries and benefits, operational overhead, rent, interest, fees for experts, consultants or contractors, legal costs or expenses including attorney fees, claims against the City arising as a consequence of the nuisance or violation and procedures association with collecting moneys due hereunder.
(Prior code § 14A-4-15)
A. 
The total cost for abating a nuisance shall constitute a special assessment against the premises to which it relates, and upon recordation in the office of the County Recorder of a notice of lien, shall constitute a lien on the property for the amount of such assessment.
B. 
After such recordation, a copy of the lien may be turned over to the County Auditor, who shall then enter the amount of the lien on the assessment rolls as a special assessment.
C. 
Thereafter, the amount shall be collected at the same time and in the same manner as ordinary municipal taxes are collected and shall be subject to the same penalties and the same procedure under foreclosure and sale in case of delinquency as provided by Government Code Section 38773.5 and as provided for ordinary municipal taxes.
D. 
Upon payment of all costs of abating the nuisance by or on behalf of the owner of the parcel against which such costs have been assessed and a lien recorded with the County Recorder, the Community Development Director shall cause to be recorded a notice of payment of the assessment.
(Prior code § 14A-4-16)