(A) (1) 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 as shown on last equalized assessment roll and to the last registered and legal owner of record, unless the vehicle is in a condition that identification numbers are not available to determine ownership.
(2) The notices of intention shall be in substantially the following forms:
(a) Notice of intention to abate and remove an abandoned, wrecked, dismantled or inoperative vehicle or parts thereof as a public nuisance.
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 ordinance or municipal code) has determined that there exists upon said land an (or parts of an) abandoned, wrecked, dismantled, or inoperative vehicle registered to , license or VIN number , which constitutes a public nuisance pursuant to the provision of (ordinance or 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 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 10 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 of the City of Menifee within such 10-day period, the city manager 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 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 a 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: COMMUNITY DEVELOPMENT DIRECTOR City of Menifee |
(b) Notice of intention to abate and remove an abandoned, wrecked, dismantled or inoperative vehicle or parts thereof as a public nuisance.
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 (section of ordinance or 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 provision of (ordinance or municipal code chapter number). You are hereby notified to abate said nuisance by removing said vehicle (or said parts of a vehicle) within 10 days from the date of the mailing of this notice. As the registered (and/or legal) owner of record of said vehicle (or said parts of a vehicle), you are hereby notified that you may, within 10 days after the mailing of this notice of intention, request a public hearing or may submit a sworn written statement denying responsibility for the presence of the vehicle on the land, with his or her reasons for such denial, in lieu of appearing. If such request is not received by the city council of the City of within such 10-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: COMMUNITY DEVELOPMENT DIRECTOR City of Menifee |
(B) A notice of intention to abate shall not be required if:
(1) The property owner and the owner of the vehicle have signed releases authorizing removal and waive further interest in the vehicle or part thereof; or
(2) All the following conditions are satisfied:
(a) The vehicle or part thereof is inoperable due to the absence of a motor, transmission or wheels and is incapable of being towed;
(b) The vehicle or part thereof is valued at less than $300 by the Police Chief of the city or his or her designee;
(c) The Community Development Department has determined that the vehicle or part thereof is a public nuisance presenting an immediate threat to public health or safety;
(d) The property owner has signed a release authorizing the removal and waiving further interest in the vehicle or part thereof; and
(e) The vehicle is located upon a parcel that is either zoned for agricultural use or is not improved with a residential structure containing one or more dwelling units.
(C) If a vehicle is removed pursuant to the second half of division (B)(2) above, prior to final disposition, the registered or legal owner shall be notified of the intent to dispose of the vehicle or parts thereof. If the vehicle or part thereof is not claimed and removed from the scrap yard, automobile dismantler’s yard or public disposal area within 12 days after the notice to dispose of vehicle is mailed, final disposition may proceed.
(Ord. 2010-80, passed 8-3-2010)