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The city council finds that the accumulation or storage of abandoned, wrecked, dismantled, or inoperative vehicles or parts thereof (“abandoned vehicles”) on private or public property, not including highways, creates a condition that reduces the value of private property, promotes blight and deterioration, invites plundering, creates fire hazards, constitutes an attractive nuisance creating a hazard to the health and safety of minors, creates a harborage for rodents and insects and is injurious to the health, safety and general welfare. Therefore, any abandoned vehicle, on private or public property, not including highways, is hereby declared to constitute a public nuisance which may be abated as such in accordance with the provisions of this article.
(`64 Code, Sec. 19-23) (Ord. No. 2410)
For the purposes of this article, the following words shall have the following meanings:
(A) HIGHWAY - Any place publicly maintained and open to the use by the public for vehicular travel.
(B) OWNER - The person shown on the last equalized assessment roll as owner of the property on which an abandoned vehicle is located.
(C) VEHICLE - Any device that may propel any person or property upon a highway, except any device moved by human power or used exclusively upon stationary rails or tracks.
(D) VEHICLE OWNER - The last registered owner or legal owner of record of an abandoned vehicle.
(`64 Code, Sec. 19-24) (Ord. No. 2410)
This article does not apply to:
(A) A vehicle or parts thereof that is completely within an enclosed structure or that is located behind a solid fence six feet or more in height and not visible from public or private property.
(B) A vehicle or parts thereof that is stored in a lawful manner in connection with the business of a licensed dismantler, vehicle dealer, or junk dealer, or when such storage is necessary to the operation of a lawfully conducted business or commercial enterprise.
(C) These exceptions shall not, however, authorize the maintenance of a public or private nuisance as defined under provisions of law other than this article.
(`64 Code, Sec. 19-25) (Ord. No. 2410)
In the enforcement of this article, any authorized city employee or contractor may enter upon private property to examine an abandoned vehicle, or obtain information as to the identity of an abandoned vehicle or to abate an abandoned vehicle.
(`64 Code, Sec. 19-27) (Ord. No. 2410)
The city council may by resolution determine and fix an amount to be assessed as administrative costs and the cost of abatement of an abandoned vehicle. In any case in which a ten-day notice of intention to abate is issued, the city manager may impose a lien on the subject property limited to the costs incurred by the city in the abatement of the abandoned vehicle, including towing, and the costs of investigation, clerical, preparation and service of notice, and other related costs (“administrative costs”).
(`64 Code, Sec. 19-28) (Ord. No. 2410)
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