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(A) Prior to final disposition of a low valued vehicle, which evidence of registration was covered pursuant to section 7-41, the city manager shall provide a notice to such vehicle owner of the city's intent to dispose of such vehicle. The notice shall be mailed by registered or certified mail to the vehicle owner.
(B) If such vehicle is not claimed and removed within 12 days after the notice is mailed, from a location specified in Cal. Vehicle Code, Section 22662, the city manager may proceed with final disposition. The city or contractor shall not be liable for damage caused to such vehicle disposed of pursuant to this section.
(`64 Code, Sec. 19-32) (Ord. No. 2410)
(A) A request for hearing shall be filed with the city clerk. Upon receiving a request for hearing, the city clerk shall send the request to the hearing officer. The hearing officer shall promptly schedule and conduct a hearing.
(B) The hearing officer shall mail the notice of the hearing at least ten days before the hearing to the owner and to the vehicle owner, unless the identification numbers are not available to determine vehicle ownership.
(C) If a timely request for a hearing is not received, the city manager shall have the authority to abate the abandoned vehicle without holding a public hearing.
(`64 Code, Sec. 19-34) (Ord. No. 2410)
(A) All hearings shall be open to the public.
(B) The owner or vehicle owner may first present evidence to justify his/her failure to comply with the ten-day notice of intention to abate nuisance. This evidence may be presented by live testimony or sworn written statement. Thereafter, a representative of the city may present evidence.
(C) The hearing officer shall conduct the hearing in an informal fashion and shall not be bound by the technical rules of evidence.
(`64 Code, Sec. 19-35) (Ord. No. 2410)
Within 14 days of the conclusion of the hearing, the hearing officer shall issue and mail to the owner and/or vehicle owner a written decision containing a statement of the reasons on which the decision is based. The hearing officer shall serve a copy of such decision on the city manager. The decision of the hearing officer shall be final and shall exhaust available administrative remedies.
(`64 Code, Sec. 19-36) (Ord. No. 2410)
(A) Five days from the date of mailing of notice to the owner and/or vehicle owner of a decision of the hearing officer that an abandoned vehicle is a public nuisance, the city manager may abate such vehicle.
(B) After the city manager abates a vehicle no person thereafter shall reconstruct or make operable the vehicle, unless the vehicle qualifies for either horseless carriage license plates or historical vehicle license plates, pursuant to Cal. Vehicle Code, Section 5004, in which case the vehicle may be reconstructed or made operable.
(`64 Code, Sec. 19-38) (Ord. No. 2410)
Within five days after the date of abatement of an abandoned vehicle, the city manager shall provide notice to the department of motor vehicles identifying such vehicle and any evidence of registration available, including but not limited to, the registration card, certificate of ownership, or license plate of such vehicle.
(`64 Code, Sec. 19-39) (Ord. No. 2410)
If the administrative costs and the cost of abatement that are charged against the owner are not paid within 30 days of the date of the decision of the hearing officer, such costs plus the administrative costs of assessment shall be assessed against the property pursuant to Cal. Gov't Code, Section 38773.5. All such costs shall have the same priority as city taxes.
(`64 Code, Sec. 19-39.1) (Ord. No. 2410)
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