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 chief of police shall have the authority to cause the abatement and removal thereof in accordance with the procedure prescribed in this chapter.
B. A ten-day notice of intention to abate and remove the vehicle, or parts thereof, as a public nuisance shall be mailed by certified mail to the owner of the land and to the owner of the vehicle unless the vehicle is in such condition that identification numbers are not available to determine ownership. The notices of intention shall be in substantially the following forms:
(1)
“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 the 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 Chapter 10.60 of the Municipal Code of the City of Pinole 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 said Chapter 10.60.
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 cost thereof, together with administrative costs assessed to you as owner of the land on which said vehicle (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 Chief of Police 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) 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 the 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 mailed Date
s /
Chief of police
(2)
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 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 10.60 of the Municipal Code of the City of Pinole 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 said Chapter 10.60.
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.
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 10 days after the mailing of this notice of intention, request a public hearing and if such a request is not received by the Chief of Police 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 Date
s/
Chief of Police
C. Upon request by the owner of the vehicle or owner of the land received by the chief of police within ten days after the mailing of the notices of intention to abate and remove, a public hearing shall be held by the chief of police on the question of abatement and removal of the vehicle or parts 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 parts thereof against the property on which it is located.
D. If the owner of the land submits a sworn written statement denying responsibility for the presence of the vehicle on his or her land within such ten-day period, the statement shall be construed as a request for a hearing which does not require his or her presence. Notice of the hearing shall be mailed, by certified mail, at least ten days before the hearing to the owner of the land and to the owner of the vehicle, unless the vehicle is in such condition that identification numbers are not available to determine ownership. If such a request for hearing is not received within ten days after mailing of the notice of intention to abate and remove, the city shall have the authority to abate and remove the vehicle or parts thereof as a public nuisance without holding a public hearing. (Ord. 502 § 2(part), 1987).