A. A ten (10) day “notice of intent to abate and remove” shall be given to the property owner to remove the vehicle or parts thereof, as a public nuisance, unless the property owner and the owner of the vehicle have signed releases authorizing removal and waiving further interest in the vehicle or part thereof. Notification shall be given either by personal delivery or posting the property, and shall be mailed by registered or certified mail addressed to the property owner at his/her last known business or residence address as the same appears in the public records of the last equalized assessment roll, and to the last registered and/or legal owner of the vehicle by registered or certified mail to the last address listed with the Department of Motor Vehicles. If such a vehicle is in such condition that identification numbers are not available to determine ownership, notice need not be given to the last registered and/or legal owner of the vehicle.
B. The notice shall be substantially as follows:
“You are hereby notified to abate this public nuisance by removal of the vehicle(s) or parts thereof within ten (10) days from the date of mailing of this notice. If you fail to do so, the public nuisance and such dismantled, wrecked, junked, inoperative, abandoned vehicles or parts thereof, will be abated and removed by the City’s Code Enforcement Department and/or contract services and all the costs for abatement and removal, together with administrative costs, may be assessed to the legal owner of the land on which the public nuisance and such dismantled, junked, abandoned, inoperative vehicle or parts thereof are located.”
C. The notice shall also set forth the procedures and time period for filing an appeal. The notice shall contain a statement of the hearing rights of the owner of the property on which the vehicle is located and of the owner of the vehicle. The statement shall include notice to the property owner that he/she may appear in person at a hearing or may submit a sworn statement denying responsibility for the presence of the vehicle on the land, with his/her reasons for such denial, in lieu of appearing.
D. If the nuisance is not abated and a request for hearing has not been received within the time period given in the notice, code enforcement is authorized to abate the nuisance.
E. A “notice of intent to abate and remove” shall not 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; is valued at less than two hundred dollars ($200.00); and is determined to be a public nuisance presenting an immediate threat to public health or safety; provided, that the property owner has signed a release authorizing removal and waiving further interest in the vehicle or parts thereof. Notice of intent to dispose of the vehicle or parts thereof shall be provided to the last registered and legal owners prior to final disposition. If the vehicle or parts thereof are not claimed and removed within twelve (12) days after the notice is mailed, code enforcement may authorize disposal of the vehicle and parts thereof. This Subsection shall only apply to inoperable vehicles located upon a parcel that is either zoned for agricultural use or is not improved with a residential structure containing one (1) or more dwelling units.
F. Notice shall be given to the Department of Motor Vehicles within five (5) days after the date of removal of vehicles under this Section, identifying the vehicle or parts thereof and any evidence of registration available, including, but not limited to, the registration card, certificates of ownership or license plates.
G. No vehicle which has been abated or removed as a public nuisance shall thereafter be reconstructed or made operable unless it is a vehicle which qualifies for either horseless carriage license plates or historical vehicle license plates.
H. Code enforcement and/or contract services shall not be liable for damage caused to a vehicle or parts thereof by removal pursuant to this Section.