In addition to, and in accordance with, the determination made
and the authority granted by the state of California pursuant to Section
22660 of the California
Vehicle Code to remove abandoned, wrecked,
dismantled or inoperative vehicles or parts thereof as public nuisances,
the city council makes the following findings and declarations:
The accumulation and storage of abandoned, wrecked, dismantled
or inoperative vehicles or parts thereof on private or public property
creates a condition tending to reduce the value of private property,
to promote blight and deterioration, to invite plundering, to create
fire hazards, to constitute an attractive nuisance creating a hazard
to the health and safety of minors, to create a harborage for rodents
and insects and to be injurious to the health, safety and general
welfare. Therefore, the presence of an abandoned, wrecked, dismantled
or inoperative vehicle or parts thereof, on private or public property,
except as expressly permitted in this chapter, constitutes a public
nuisance which may be abated as such in accordance with the provisions
of this chapter.
(Ord. 674 § 2)
As used in this chapter, the following words and phrases are
defined as set out in this section:
"Highway"
means a way or place of whatever nature, publicly maintained
and open to the use of the public for purposes of vehicular travel.
Highway includes street.
"Owner of the land"
means the owner of the land on which the vehicle, or parts
thereof, is located, as shown on the last equalized assessment roll.
"Vehicle"
means a device by which any person or property may be propelled,
moved or drawn upon a highway except a device moved by human power
or used exclusively upon stationary rails or tracks.
(Ord. 674 § 2)
This chapter is not the exclusive regulation of abandoned, wrecked,
dismantled or inoperative vehicles within the county. It shall supplement
and be in addition to the other regulatory codes, statutes and ordinances
heretofore or hereafter enacted by this county, the state, or any
other legal entity or agency having jurisdiction.
(Ord. 674 § 2)
Except as otherwise provided in this chapter, the provisions
of this chapter shall be administered and enforced by the chief of
police of the city who shall serve as the vehicle abatement officer.
In the enforcement of this chapter, such officer and his officers
or designees may enter upon private or public property to examine
a vehicle, or parts thereof, or obtain information as to the identity
of a vehicle, and to cause the removal of a vehicle or part thereof
declared by either the vehicle abatement officer or the city council
to be a nuisance pursuant to this chapter. The authority granted by
this section is limited by the Fourth Amendment of the United States
Constitution relating to search and seizure.
(Ord. 674 § 2)
When the city council of the city has contracted with or granted
a franchise to any person or persons to remove vehicles pursuant to
this chapter, such person or persons shall be authorized to enter
upon private property or public property to remove or cause the removal
of a vehicle or parts thereof declared to be a nuisance pursuant to
this chapter. The authority granted by this section is limited by
the Fourth Amendment of the United States Constitution relating to
search and seizure.
(Ord. 674 § 2)
The city council shall, from time to time, by resolution or
ordinance, determine and fix an amount to be assessed as administrative
costs (excluding the actual cost of removal of any vehicle or part
thereof) under this chapter.
(Ord. 674 § 2)
Upon discovering the existence of an abandoned, wrecked, dismantled or inoperable vehicle, or parts thereof, on private property or public property within the county, the vehicle abatement office shall have the authority to issue an order declaring such vehicle or parts thereof to be a public nuisance as described in Section
10.56.010, and to cause the abatement, removal and disposal thereof in accordance with the procedures described in this chapter.
(Ord. 674 § 2)
A ten-day notice of intention to abate and remove the vehicle,
or parts thereof, as a 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,
unless the vehicle is in such a condition that identification numbers
are not available to determine ownership. The notices of intention
shall be in substantially the following form:
To Owner of Land:
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ORDER DECLARING EXISTENCE OF PUBLIC NUISANCE, AND NOTICE OF
INTENTION TO ABATE AND REMOVE AN ABANDONED, WRECKED, DISMANTLED, OR
INOPERATIVE VEHICLE OR PARTS THEREOF AS A PUBLIC NUISANCE
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TO: (Name and address of owner of the land)
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As owner shown on the last equalized assessment roll of the land located at (address), you are hereby notified that the undersigned, pursuant to Chapter 10.56 of the Crescent City Municipal Code has determined that there exists upon said land an abandoned, wrecked, dismantled, or inoperative vehicle, hereinafter referred to as "Vehicle." The Vehicle is registered to (name of registered owner), bears license number; #rule, and constitutes a public nuisance pursuant to the provisions of Crescent City Municipal Code, Chapter 10.56.
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You are hereby notified to abate said nuisance by the removal
of said Vehicle within 10 days from the date of mailing of this notice;
and upon your failure to do so, the same will be abated, removed,
and disposed of by the County of Del Norte; and the costs thereof,
together with administrative costs, will be assessed to you as owner
of the land on which said Vehicle is located.
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As owner of the land on which said Vehicle is located, you are
hereby notified that you may, within 10 days after the mailing of
this notice of intention, request a public hearing; and if such a
request is not received by the City Clerk of the City of Crescent
City within such ten day period, the Vehicle Abatement Officer shall
have the authority to abate, remove, and dispose of said Vehicle as
a public nuisance and assess the costs as aforesaid without a public
hearing. You may submit a sworn written statement within such ten
day period denying responsibility for the presence of said Vehicle
on said land, with your reasons for denial, and such statement shall
be construed as a request for hearing at which your presence is not
required. You may appear in person at any hearing requested by you
or the owner of the Vehicle or, in lieu thereof, may present a sworn
written statement as aforesaid in time for consideration at such hearing.
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NOTICE MAILED:
____________________
Vehicle Abatement Officer
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To Registered and Legal Owners:
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ORDER DECLARING EXISTENCE OF PUBLIC NUISANCE, AND NOTICE OF
INTENTION TO ABATE AND REMOVE AN ABANDONED, WRECKED, DISMANTLED, OR
INOPERATIVE VEHICLE OR PARTS THEREOF AS A PUBLIC NUISANCE
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TO: (Name and address of last registered owner) and (Name and
address of legal owner of record if different than registered owner)
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As last registered (and/or legal) owner of record of (description of vehicle - make, model, license, identification number, etc.), you are hereby notified that the undersigned, pursuant to Chapter 10.56 of the Crescent City Municipal Code, has determined that said Vehicle (or parts of a vehicle) exists as an abandoned, wrecked, dismantled, or inoperative vehicle at (describe location on public or private property) and constitutes a public nuisance pursuant to the provisions of Chapter 10.56.
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You are hereby notified to abate said nuisance by removing said
Vehicle within 10 days from the date of the mailing of this notice.
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As registered (and/or legal) owner of record of said Vehicle,
you are hereby notified that you may, within 10 days after the mailing
of this notice of intention, file a written request for a public hearing;
and if such written request is not received by the City Clerk within
such ten day period, the Vehicle Abatement Officer shall have the
authority to abate and remove said Vehicle without a hearing.
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If you do not request a public hearing within the ten day period,
the Vehicle or parts thereof may be disposed of by removal to a scrapyard
or automobile dismantler's yard.
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If you are the registered owner of the Vehicle, your failure
to request a public hearing will be deemed to be an abandonment of
the Vehicle thereby making you liable for the cost of removal and
disposition of the Vehicle, including administrative costs.
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NOTICE MAILED:
____________________
Vehicle Abatement Officer
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(Ord. 674 § 2)
No local agency or contractor thereof shall be liable for damage
caused to a vehicle or part thereof by removal pursuant to Section
22661 of the California
Vehicle Code and this chapter.
(Ord. 674 § 2)
Five days after adoption of the order declaring the vehicle or parts thereof to be a public nuisance, or ten days from the date of mailing of the notice of decision, as required by Section
10.56.130 of this chapter, whichever date is later, the vehicle or parts thereof, may be disposed of by removal to a scrapyard or automobile dismantler's yard. 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 Section 5004 of the California
Vehicle Code, in which case the vehicle may be reconstructed or made operable.
(Ord. 674 § 2)
Within five days after the date of removal of the vehicle or
part thereof, notice shall be given to the Department of Motor Vehicles
by the persons authorized to remove the vehicle identifying the vehicle
or parts thereof removed. At the same time there shall be transmitted
to the Department of Motor Vehicles any evidence of registration available,
including registration certificates, certificates of title and license
plates.
(Ord. 674 § 2)
If the administrative costs and the costs of removal which are charged against the owner of a parcel of land pursuant to Section
10.56.130 are not paid within thirty days of the date of the order, such costs shall be assessed against the parcel of land pursuant to
Government Code Section 25845, and shall be transmitted to the tax collector for collection. Such assessment shall have the same priority as other county taxes.
(Ord. 674 § 2)
It is unlawful and a misdemeanor for any person to abandon,
park, store, or leave or permit the abandonment, parking, storing
or leaving of any licensed or unlicensed vehicle or parts thereof
which is abandoned, wrecked, dismantled or in an inoperative condition
upon any private property or public property, including highways,
within the county for a period in excess of seventy-two or more consecutive
hours unless such a vehicle or parts thereof is completely enclosed
within a building in a lawful manner where it is not plainly visible
from the street or other public or private property, or unless such
vehicle is stored or parked in a lawful manner on private property
in connection with the business of a licensed dismantler or licensed
vehicle dealer or a junkyard or when such storage or parking is necessary
to the operation of a lawfully conducted business or commercial enterprise.
(Ord. 674 § 2)
It is unlawful and a misdemeanor for any person to fail or refuse
to remove an abandoned, wrecked, dismantled or inoperative vehicle
or part thereof, or refuse to abate such nuisance when ordered to
do so in accordance with the abatement provisions of this chapter
or state law where such state law is applicable.
(Ord. 674 § 2)