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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)
(A) This chapter makes a violator of any code provision subject to a civil fine.
(B) By adopting this chapter, the city council does not intend to limit the discretion of an enforcement officer to impose any remedy available, civil or criminal, for violations of the code.
(C) The issuance of a civil citation shall be solely at the discretion of the enforcement officer and shall be one of several remedies available to the enforcement officer.
(D) Notwithstanding any lease, license or any other instrument or agreement, the owner of real property has the right to enter upon his/her own property to the extent reasonably necessary to abate any public nuisance or to correct any violation of the code existing thereon.
(E) The provisions of this chapter shall be an implied term of any instrument affecting the right to possession of real property located in the city.
(F) Because violations of the code may seriously impact the health, safety and welfare of the general public, this chapter imposes strict civil liability upon violators of the code.
(G) There shall be a rebuttable presumption that the record owners of a parcel according to the last equalized assessment roll and a lessee or sublessee of a parcel have notice of any code violation existing on the parcel.
(`64 Code, Sec. 21-1) (Ord. No. 2488)
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