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Notice of hearing shall also be given to the California Highway Patrol identifying the vehicle or part hereof proposed for removal, such notice to be mailed at least ten days prior to the public hearing.
(Ord. 131 § 1 (part), 1968; prior code § 4407).
(a) All hearings under this chapter shall be held before the city 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 part thereof and the circumstances concerning its location on private property or public property. The city council shall not be limited by the technical rules of evidence. The owner of the land on which the vehicle is located may appear in person at the hearing or present a written statement in time for consideration at the hearing, and deny responsibility for the presence of the vehicle on the land, with his reasons for such denial.
(b) The city 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 part thereof if, in its opinion, the circumstances justify it. At the conclusion of the public hearing, the city council may find that a vehicle or part thereof has 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 hereinafter provided and determine the administrative costs and the cost of removal to be charged against the owner of the parcel of land on which the vehicle or part thereof is located. The order requiring removal shall include a description of the vehicle or part 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 land owner and that he was not subsequently acquiesced in its presence, the city council 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 such costs from such land owner.
(d) If an interested party makes a written presentation to the city council but does not appear, he shall be notified in writing of the decision.
(Ord. 131 § 1 (part), 1968; prior code § 4408).
Five days after adoption of the order declaring the vehicle or parts thereof to be a public nuisance, five days from the date of mailing of notice of the decision if such notice is required by Section 10.08.090, or fifteen days after such action of the governing body authorizing removal following appeal, the vehicles or parts thereof may be disposed of by removal to a scrap yard or automobile dismantler's yard. After a vehicle has been removed it shall not thereafter be reconstructed or made operable.
(Ord. 131 § 1 (part), 1968; prior code § 4409).
Within five days after the date of removal of the vehicle or part thereof, notice shall be given to the Department of Motor Vehicles identifying the vehicle or part 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. 131 § 1 (part), 1968; prior code § 4410).
If the administrative costs and the cost of removal which are charged against the owner of a parcel of land pursuant to Section 10.08.090 are not paid within thirty 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 tax collector for collection. The assessment shall have the same priority as other city taxes.
(Ord. 131 § 1 (part), 1968; prior code § 4411).
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 part thereof which is in an abandoned, wrecked, dismantled or inoperative condition upon any private property or public property not including highways within the city for a period in excess of six days unless such vehicle or part 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, licensed vehicle dealer or a junkyard, or unless such vehicle or part thereof is parked or stored in a lawful manner on private property and such vehicle or part thereof is not plainly visible from a public street and is not parked or stored in the front or side yard setback area of such private property.
(Ord. 131 § 1 (part), 1968; prior code § 4412).
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. 131 § 1 (part), 1968; prior code § 4413).