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A. Upon discovering the existence of an abandoned, wrecked, dismantled, or inoperative vehicle, or parts thereof, on private property or public property within the city, the city manager shall have the authority to determine that a public nuisance exists and to cause the abatement and removal thereof. Notice of a public nuisance shall be mailed by registered or certified mail to the owner of the land and to the owner of the vehicle, except that if the vehicle is in such condition that identification numbers are not available to determine ownership, notice shall be sent to the owner of the land. No notice of intention need be sent 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.
B. 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, except that if the vehicle is in such condition that identification numbers are not available to determine ownership, notice shall be sent only to the owner of the land. No notice of intention need be sent if the property owner of the vehicle have signed releases authorizing removal and waiving further interest in the vehicle or part thereof.
C. The notices of intention shall be substantially in the following forms:
NOTICE OF INTENTION TO ABATE AND REMOVE AN ABANDONED,
WRECKED, DISMANTLED, OR INOPERATIVE VEHICLE OR
PARTS THEREOF AS A PUBLIC NUISANCE
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 role of the land located at (address), you are hereby notified that the undersigned, pursuant to Section 10.40.060(A) of the City of Murrieta 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 Chapter 8.20 of the City of Murrieta Municipal Code.
You are hereby notified to abate said nuisance by removal of said vehicle (or said parts of a vehicle) within ten (10) calendar days from the date of mailing this notice, and upon your failure to do so, the same will be abated and removed by the City of Murrieta 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 request is not received by the City Manager of the City of Murrieta within such ten-day period, the City Manager shall have the authority to abate and remove said vehicle (or 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(s) mailed ___________.
Date(s)
NOTICE OF INTENTION TO ABATE AND REMOVE AN ABANDONED,
WRECKED, DISMANTLED OR INOPERATIVE VEHICLE OR
PARTS THEREOF AS A PUBLIC NUISANCE
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 to 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 Chapter 10.40 of the City of Murrieta 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 Chapter 10.40 of the City of Murrieta Municipal Code.
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 days after the mailing of this notice of intention, request a public hearing and if such a request is not received by the City Manager of the City of Murrieta within such ten (10) day period, the City Manager shall have the authority to abate and remove said vehicle (or parts of a vehicle) without a public hearing.
Notice(s) mailed ___________.
Date(s)
(Ord. 105 § 2 (part), 1993: Ord. 3 § 1 (part), 1991: prior code § 6.06.060)
A notice pursuant to Section 10.40.060 of this chapter shall not be required to be issued if:
A. The property owner and vehicle owner have each signed releases authorizing removal and waiving further interest in the vehicle or part thereof; and
B. The vehicle or part is:
1. Inoperable due to the absence of a motor, transmission or wheels; and
2. Is incapable of being towed; and
3. Is valued at less than two hundred dollars ($200.00) by a person specified in Section 22855 of the Vehicle Code; and,
4. Is determined by the city manager to be a public nuisance presenting an immediate threat to public health or safety; and
5. Is located on a parcel that is either zoned for agricultural use or not improved with a residential structure containing one or more dwelling units; and
6. The property owner has signed a release authorizing removal and waiving further interest in the vehicle or parts thereof.
(Ord. 113 § 1, 1993: Ord. 105 § 2 (part), 1993: Ord. 3 § 1 (part), 1991: prior code § 6.06.070)
A. If the owner of the land or the owner of the vehicle files a written request therefor with the city manager within twelve (12) days after the mailing of the notice of intention to abate, a public hearing shall be held on the question of abatement and removal of the vehicle or part 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 part thereof against the property on which it is located. Notice of hearing shall be mailed at least ten days before the hearing by registered or certified mail, with a five-day return requested, to the owner of the land as shown on the last equalized assessment roll and to the last registered and legal owner of record unless the vehicle is in such condition that identification numbers are not available to determine ownership. If any of the foregoing notices are returned undeliverable by the United States Post Office, the hearing shall be continued to a date not less than ten days from the date of the return and may then be conducted on the date to which continued whether or not the appellant is present.
B. If no written request for a public hearing is received by the city manager within the time allowed, the city manager shall have the authority to abate and remove the vehicle or part thereof without a hearing.
(Ord. 113 § 2, 1993: Ord. 105 § 2 (part), 1993: Ord. 3 § 1 (part), 1991: prior code § 6.06.080)
The hearing officer shall hear all facts and testimony which 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 the private property or public property. The hearing officer shall not be limited by the technical rules of evidence, but may consider any evidence upon which a prudent person might rely in arranging his or her own affairs. 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 or her reasons for such denial. (Ord. 105 § 2 (part), 1993: Ord. 3 § 1 (part), 1991: prior code § 6.06.110)
The hearing officer may impose such conditions and take such other action as he or she deems appropriate under the circumstances to carry out the purpose of this chapter. The hearing officer may delay the time for removal of the vehicle or part thereof if, in his or her opinion, the circumstances justify it. At the conclusion of the public hearing, the hearing officer may find that a vehicle or part thereof has been abandoned, wrecked, dismantled, or is inoperative on private or public property and order it removed from the property as a public nuisance and disposed of as provided in this chapter and determine the administrative costs and the costs 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 number and license number of the vehicle. If an interested party make a written presentation to the hearing officer but does not appear, he or she shall be notified in writing on the decision.
(Ord. 105 § 2 (part), 1993: Ord. 3 § 1 (part), 1991: prior code § 6.06.120)
The city manager shall from time to time determine and fix an amount to be assessed as administrative costs (excluding the actual cost of removal of any vehicle or part thereof) under this chapter.
(Ord. 105 § 2 (part), 1993: Ord. 3 § 1 (part), 1991: prior code § 6.06.140)
Any interested party may appeal the decision of the hearing officer by filing a written notice of appeal with the city clerk within ten days after the date of mailing of the decision. The clerk shall give written notice of the time and place of the hearing to the appellant and those persons specified in Section 10.40.080.
(Ord. 105 § 2 (part), 1993: Ord. 3 § 1 (part), 1991: prior code § 6.06.150)
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