(a) 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 and to the owner of the vehicle, unless the vehicle is in such condition that identification numbers are not available to determine ownership.
(b) The notice is not required if the property owner and the owner of the vehicle have signed releases authorizing removal and waiving further interest in the vehicle or part thereof.
(c) A notice of intention is not required for removal of a vehicle or part thereof which is inoperable due to the absence of a motor, transmission or wheels and incapable of being towed, is valued at less than $200 by an authorized appraiser (as defined in Vehicle Code Section 22855) 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 part thereof.
(d) If evidence of registration is recovered, the City shall, prior to final disposition of such a low- valued vehicle or part thereof, provide notice to the registered and legal owners of the vehicle of intention to dispose of the vehicle or part, and if such vehicle or part is not claimed and removed from a specified scrap yard or automobile dismantler’s yard within 12 days after the notice is mailed, final disposition may proceed. This provision applies only to inoperable vehicles located upon a parcel that is either zoned for agricultural use or not improved with a residential structure containing one or more dwelling units.
(e) The notice of intention to abate and remove 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 of the 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 (Section of Municipal Code), has determined that there exists upon said land an (or parts of an) abandoned, wrecked, dismantled or inoperative vehicle registered to _______, license number _______, which constitutes a public nuisance pursuant to the provisions of (Municipal Code Chapter number).
“You are hereby notified to abate said nuisance by the removal of said vehicle (or said parts of a vehicle) within ten (10) days from the date of mailing of this notice, and upon your failure to do so, the same will be abated and removed by the City and the costs thereof, together with administrative costs, assessed to you as owner of the land on which said vehicle (or said parts of a vehicle) is located.
“As owner of the land on which said vehicle (or said parts of a vehicle) is located, you are hereby notified that you may, within ten (10) days after the mailing of this notice of intention, request a public hearing, and if such a request is not received by the Board of Zoning Adjustment within such ten (10) day period, the City’s Vehicle Abatement Officer shall have the authority to abate and remove said vehicle (or said parts of a 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 (10) day period denying responsibility for the presence of said vehicle (or said parts of a 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.
“Notice Mail (Date)
/s/
(Locally Designated Officer)”
“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 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 (Section of City’s 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 (City’s Municipal Code Chapter _______number).
“You are hereby notified to abate said nuisance by the removal of said vehicle (or said parts of a vehicle) within ten (10) days from the date of mailing of this notice.
“As registered (and/or legal) owner of record of said vehicle (or said parts of a vehicle), you are hereby notified that you may, within ten (10) days after the mailing of this notice of intention, request a public hearing, and if such a request is not received by the Board of Zoning Adjustment within such ten (10) day period, the Vehicle Abatement Officer shall have the authority to abate and remove said vehicle (or said parts of a vehicle) without a hearing.
“Notice Mail (Date)
/s/”
(f) If a notice of intention to dispose is required pursuant to this section, such notice shall be in substantially the following form:
“NOTICE OF INTENTION TO DISPOSE OF INOPERATIVE VEHICLE OR PARTS THEREOF
“(Name and address of last registered and/or legal owner of record of vehicle - notice should be given to both if different).
“As last registered (and/or legal) owner of record of (description of vehicle - make, model, license, etc.), you are hereby notified that said vehicle (or parts of such vehicle) was found at (describe location of public or private property) and was abated and removed as an inoperative vehicle and a public nuisance pursuant to the provisions of (City’s Municipal Code Chapter number).
“You are hereby notified that, pursuant to (Section of City’s Municipal Code), the City intends to cause the disposal of such vehicle (or parts thereof) if such is not claimed and removed from (describe location of scrap yard or automobile dismantler’s yard) within twelve (12) days from the date of mailing of this notice.
“Notice Mail (Date)
/s/
(Locally Designated Officer)”
(Ord. 140, passed 3-7-2012)