§ 10.16.040 FINDINGS; NUISANCE DECLARED.

   In addition to and in accordance with the determination made and the authority granted by the State of California under Cal. Vehicle Code § 22660 to remove abandoned, wrecked, dismantled or inoperative vehicles or parts thereof as public nuisances, the Town 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 not including highways is found to create 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 hereinafter permitted, is declared to constitute a public nuisance which may be abated as such in accordance with the provisions of this chapter.

(Prior Code, § 10.16.040) (Ord. 621, passed - -1993)

§ 10.16.050 ADMINISTRATION AND ENFORCEMENT AUTHORITY.

   (A)   Except as otherwise provided herein, the provisions of this chapter shall be administered and enforced by the Chief of Police.

   (B)   In the enforcement of this chapter, the officer and his or her deputies 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 remove or cause the removal of a vehicle or parts thereof) declared to be a nuisance pursuant to this chapter.

(Prior Code, § 10.16.050)

§ 10.16.060 VEHICLE REMOVAL FRANCHISE.

   When the Town Council has contracted with or granted a franchise to any person or persons, the 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.

(Prior Code, § 10.16.060)

§ 10.16.070 ABATEMENT; PROCEDURE GENERALLY.

   Upon discovering the existence of an abandoned, wrecked, dismantled or inoperative vehicle, or parts thereof, on private property or public property within the town, the Chief of Police has the authority to cause the abatement and removal thereof in accordance with the procedure prescribed in this chapter.

(Prior Code, § 10.16.070)

§ 10.16.080 NOTICE OF INTENTION TO ABATE.

   A ten-day notice of intention to abate and remove the vehicle, or parts thereof, as a public nuisance shall be mailed by registered 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. The notices of intention shall be in substantially the forms set out below.

(Prior Code, § 10.16.080)

NOTICE OF INTENTION TO ABATE OR REMOVE; OWNER OF LAND

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 Article XVIII of the Uniform Traffic Ordinance, 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 said Article XVIII.

You are hereby notified to abate said nuisance by the removal of said vehicle (or said parts of a vehicle) within 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 town 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 days after the mailing of this notice of intention, request a public hearing and if such a request is not received by the City Council within such ten-day period, the Chief of Police 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-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 Mailed                                                          
         (date)

s/                                                                            
   (Chief of Police)

NOTICE OF INTENTION TO ABATE OR REMOVE; OWNER OF VEHICLE

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 Article XVIII of the Uniform Traffic Ordinance 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 said Article XVIII.

You are hereby notified to abate said nuisance by the removal of said vehicle (or said parts of a vehicle) within ten 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 days after the mailing of this notice of intention, request a public hearing and if such a request is not received by the City Council within such ten-day period, the Chief of Police shall have the authority to abate and remove said vehicle (or said parts of a vehicle) without a hearing.

Notice Mailed                                                         
         (date)

s/                                                                           
   (Chief of Police)

§ 10.16.090 REQUEST FOR HEARING.

   (A)   Upon request by the owner of the vehicle or owner of the land received by the Chief of Police within ten days after the mailing of the notices of intention to abate and remove, a public hearing shall be held by the Town Council 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.

   (B)   (1)   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 the ten-day period, the statement shall be construed as a request for a hearing which does not require his or her presence.

      (2)   Notice of the hearing shall be mailed, by registered mail, at least ten days before the hearing 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.

      (3)   If such a request for hearing is not received within ten days after mailing of the notice of intention to abate and remove, the town shall have the authority to abate and remove the vehicle or parts thereof as a public nuisance without holding a public hearing.

(Prior Code, § 10.16.090)

§ 10.16.100 HEARING PROCEDURE.

   (A)   (1)   All hearings under this chapter shall be held before the Town Council, which shall hear all facts and testimony it deems pertinent. The facts and testimony may include testimony on the condition of the vehicle or parts thereof and the circumstances concerning its location on the private property or public property.

      (2)   The Town Council shall not be limited by the technical rules of evidence.

      (3)   The owner of the land may appear in person at the hearing or present a sworn written statement in time for consideration at the hearing and deny responsibility for the presence of the vehicle on the land, with his or her reasons for the denial.

   (B)   (1)   The Town Council may impose such conditions and take such other action as it deems appropriate under the circumstances to carry out the purpose of this chapter. It may delay the time for removal of the vehicle or parts thereof if, in its opinion, the circumstances justify it.

      (2)   At the conclusion of the public hearing, the Town Council may find that a vehicle or parts thereof has been abandoned, wrecked or 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 chapter, and determine the administrative costs and the cost of removal to be charged against the owner of the land.

      (3)   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.

   (C)   If it is determined at the hearing that the vehicle was placed on the land without the consent of the owner of the land and that he or she has not subsequently acquiesced in its presence, the Town Council 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 the costs from the owner of the land.

   (D)   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 Town Council, but does not appear, he or she shall be notified, in writing, of the decision.

(Prior Code, § 10.16.100)