The requirements of this article apply to any action taken under this chapter to abate as a public nuisance an abandoned, wrecked, dismantled or inoperative vehicle or parts thereof from private or public property.
(Formerly 8.10.240; Ord. 303 § 2, 2013; Ord. 311 § 1, 2013; Ord. 329 § 1, 2014; Ord. 376 § 2, 2019)
(1) 
This article shall not apply to:
(a) 
A vehicle, or part thereof, that 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 part thereof, that 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.
(2) 
Nothing in this section shall authorize the maintenance of a public or private nuisance as defined under provisions of a law other than Chapter 10, commencing with Section 22650, of Division 11 of the California Vehicle Code and this article.
(Formerly 8.10.250; Ord. 303 § 2, 2013; Ord. 311 § 1, 2013; Ord. 329 § 1, 2014; Ord. 376 § 2, 2019)
This article is not the exclusive regulation of abandoned, wrecked, dismantled or inoperative vehicles within the City. It shall supplement and be in addition to the other regulatory codes, statutes and ordinances heretofore or hereafter enacted by the City, the State or any legal entity or agency having jurisdiction.
(Formerly 8.10.260; Ord. 303 § 2, 2013; Ord. 311 § 1, 2013; Ord. 329 § 1, 2014; Ord. 376 § 2, 2019)
When the City has contracted with or granted a franchise to any person or persons, such person or persons shall be authorized to enter upon private or public property to remove or cause the removal of a vehicle or parts thereof declared to be a nuisance pursuant to this article.
(Formerly 8.10.270; Ord. 303 § 2, 2013; Ord. 311 § 1, 2013; Ord. 329 § 1, 2014; Ord. 376 § 2, 2019)
Upon discovering the existence of an abandoned, wrecked, dismantled or inoperative vehicle, or parts thereof, on private property or public property within the City, the department head shall have the authority to cause the abatement and removal thereof in accordance with the procedure prescribed in this chapter.
(Formerly 8.10.290; Ord. 303 § 2, 2013; Ord. 311 § 1, 2013; Ord. 329 § 1, 2014; Ord. 376 § 2, 2019)
A notice of violation to abate and remove a vehicle or parts thereof as a public nuisance, as provided by RDMC § 8.10.230, shall be served by registered or certified mail on the owner of the land as shown on the last equalized assessment roll and the owner of record of the vehicle, unless the vehicle is in such condition that identification numbers are not available to determine ownership. The notice of violation shall comply with RDMC § 8.10.230, and also shall be in substantially the following forms:
NOTICE OF INTENTION TO ABATE AND REMOVE AN ABANDONED, WRECKED, DISMANTLED, OR INOPERATIVE VEHICLE OR PARTS THEREOF AS A PUBLIC NUISANCE
(Name and address of owner or land)
As owner shown on the last equalized assessment roll of the land located at (address), you are hereby notified that the undersigned, pursuant to Rio Dell Municipal Code Chapter 8.15 has determined that there exists upon your land an abandoned, wrecked, dismantled or inoperative vehicle (or parts thereof) registered to __________________, license number ______________, which constitutes a public nuisance pursuant to provisions of Chapter 8.10. You are hereby notified to abate the nuisance by removing the vehicle (or parts of the vehicle) within ten (10) days from the date of mailing of this notice. If you fail to remove the vehicle or parts within ten (10) days, the City will abate the nuisance by removing the vehicle or parts to a scrap yard or automobile dismantler's yard, after which the vehicle or parts shall not again be made operable or reconstructed.
Removal costs and administrative costs will then be assessed to you as owner of the land on which the vehicle or parts are located. As owner of the land on which the vehicle or parts of the vehicle are located, you are hereby notified that you may, within ten (10) days after the mailing of this notice, request a public hearing. If such a request is not received by the Department Head within the ten (10) day period, the Department Head shall have the authority to abate and remove the vehicle or parts of the vehicle as a public nuisance and assess the removal and administrative costs without a public hearing. You may submit a sworn written statement within such ten (10) day period denying responsibility for the presence of the vehicle or parts of the vehicle on your land, with your reasons for denial. Such statement shall be construed as a request for hearing at which your presence is not required.
You may appear in person at the hearing requested by you or the owner of the vehicle or, in lieu thereof, may present a sworn written statement in time for consideration at the hearing. You may, through such sworn written statement deny responsibility for the presence of the vehicle or parts on your land with your reasons for denial.
Notice mailed _________________ (date)
[Department Head]
NOTICE OF INTENTION TO ABATE AND REMOVE AN ABANDONED, WRECKED, DISMANTLED OR INOPERATIVE VEHICLE OR PARTS THEREOF AS A PUBLIC NUISANCE
(Name and address of last registered and/or legal owner of record of vehicle – Notice should be given to both if different)
As the last registered (and/or legal) owner of record of (description of vehicle – make, model, license, etc) you are hereby notified that the undersigned pursuant to Rio Dell Municipal Code Chapter 8.15, has determined that the vehicle (or parts of the vehicle) exist 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 8.15.
You are hereby notified to abate the nuisance by removing the vehicle or parts of the vehicle within ten (10) days from the date of mailing of this notice. If you fail to remove the vehicle or parts within ten (10) days, the City will abate the nuisance by removing the vehicle or parts to a scrap yard or automobile dismantler's yard.
Removal costs and administrative costs will then be assessed to you as owner of the land on which the vehicle or parts are located. As registered (and/or legal) owner of record of the vehicle (or parts of the vehicle), you are hereby notified that you may, within ten (10) days after mailing of this notice, request a public hearing. If such a request is not received by the Department Head within the ten (10) day period, the Department Head shall have the authority to abate and remove the vehicle or parts of the vehicle without hearing.
Notice mailed _________________ (date)
[Department Head]
(Formerly 8.10.300; Ord. 303 § 2, 2013; Ord. 311 § 1, 2013; Ord. 329 § 1, 2014; Ord. 376 § 2, 2019)
Upon request by the owner of the vehicle or owner of the land received by the department head within 10 days after the mailing of the notices of intention to abate and remove, a public hearing shall be held in accordance with RDMC § 8.10.270 on the question of abatement and removal of the vehicle or parts thereof as an abandoned, wrecked, dismantled or inoperative vehicle, and the assessment of the administrative costs and the cost of removal of the vehicle or parts thereof against the property on which it is located.
The owner of the land on which the vehicle is located 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 or her reasons for the denial. If it is determined at the hearing that the vehicle was placed on the land without the consent of the landowner and that the landowner has not subsequently acquiesced to its presence, then the City 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 landowner, if the vehicle has been removed from the property.
(Formerly 8.10.310; Ord. 303 § 2, 2013; Ord. 311 § 1, 2013; Ord. 329 § 1, 2014; Ord. 376 § 2, 2019)
If the owner of the land submits a sworn written statement denying responsibility for the presence of the vehicle on his or her land within 10 days after the mailing of the notice of violation to abate and remove, the statement shall be construed as a request for a hearing that does not require the owner's presence. If such a request for hearing is not received within the 10 days after mailing of the notice of intention to abate and remove, the City shall have the authority to abate and remove the vehicle or parts thereof as a public nuisance without holding a public hearing.
(Formerly 8.10.320; Ord. 303 § 2, 2013; Ord. 311 § 1, 2013; Ord. 329 § 1, 2014; Ord. 376 § 2, 2019)
At the conclusion of the public hearing, the hearing officer may find that a vehicle or parts thereof have been abandoned, wrecked, dismantled or is inoperative on private or public property and order the same removed from the property as a public nuisance and disposed of as provided in this article and determine the administrative costs and the cost of removal to be charged against the owner of the land. The order requiring removal shall include a description of the vehicle or parts thereof and the correct identification number and license number of the vehicle, if available at the site.
(Formerly 8.10.330; Ord. 303 § 2, 2013; Ord. 311 § 1, 2013; Ord. 329 § 1, 2014; Ord. 376 § 2, 2019)
If it is determined at the hearing that the vehicle was placed on the land without consent of the owner of the land and that he or she has not subsequently acquiesced in its presence, the hearing officer 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 such owner of the land.
(Formerly 8.10.340; Ord. 303 § 2, 2013; Ord. 311 § 1, 2013; Ord. 329 § 1, 2014; Ord. 376 § 2, 2019)
If the owner of the land submits a sworn written statement denying responsibility for the presence of the vehicle on his or her land but does not appear, or if an interested party makes a written presentation to the hearing officer but does not appear, he or she shall be notified in writing of the decision.
(Formerly 8.10.350; Ord. 303 § 2, 2013; Ord. 311 § 1, 2013; Ord. 329 § 1, 2014; Ord. 376 § 2, 2019)
Once the decision of the hearing officer becomes final, the vehicle or parts thereof found to be a public nuisance may be disposed of by removal to a scrap yard or automobile dismantler's yard 10 calendar days after adoption of the order declaring the vehicle or parts thereof to be a public nuisance.
(Formerly 8.10.360; Ord. 303 § 2, 2013; Ord. 311 § 1, 2013; Ord. 329 § 1, 2014; Ord. 376 § 2, 2019)
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 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.
(Formerly 8.10.370; Ord. 303 § 2, 2013; Ord. 311 § 1, 2013; Ord. 329 § 1, 2014; Ord. 376 § 2, 2019)
If the administrative costs and the cost of removal which are charged against the owner of the land pursuant to RDMC § 8.10.380 are not paid within 30 days of the date of the order, such costs shall be assessed against the parcel of land pursuant to Section 38773.5 of the Government Code and shall be transmitted to the assessor for placement on the property tax roll and collected by the tax collector. The assessment shall have the same priority as other City taxes.
(Formerly 8.10.380; Ord. 303 § 2, 2013; Ord. 311 § 1, 2013; Ord. 329 § 1, 2014; Ord. 376 § 2, 2019)