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The presence of an abandoned, dismantled or inoperative vehicle or parts thereof, on private or public property, which is determined by the fire chief or his representative to constitute an immediate, life-endangering threat to the public health and safety, may be removed to an appropriate location immediately and without the notification procedures described herein. The owner of any such vehicle shall be responsible for any and all costs of towing, storage, and other charges connected therewith. (Uniform Fire Code Section 10.101.) (Prior code § 8.28.015)
For purposes of this chapter the words and phrases defined in this section shall mean as follows:
"Highway" means a way or place of whatever nature, publicly maintained and open to the use of the public for purposes of vehicular travel. Highway includes street.
"Owner of the land" means the owner of the land on which the vehicle, or parts thereof, is located, as shown on the last equalized assessment roll.
"Owner of the vehicle" means the last registered owners and legal owner of record.
"Public property" does not include highway.
"Vehicle" means a device by which any person or property may be propelled, moved, or drawn upon a highway, except a device moved by human power or used exclusively upon stationary rails or tracks. (Prior code § 8.28.020)
A. This chapter does not apply to:
1. A vehicle, or parts thereof, which is completely enclosed within a building in a lawful manner where it is not visible from the street or other public or private property; or
2. A vehicle, or parts thereof, which is stored or parked in a lawful manner on private property in connection with the business of a licensed dismantler, licensed vehicle dealer, a junk dealer, or when such storage or parking is necessary to the operation of a lawfully conducted business or commercial enterprise.
B. Nothing in this section shall authorize the maintenance of a public or private nuisance as defined under provisions of law other than Chapter 10 (commencing with Section 22650) of Division 11 of the Vehicle Code and this chapter. (Prior code § 8.28.030)
This chapter is not the exclusive regulation of abandoned, wrecked, dismantled or inoperative vehicles within the city. It shall supplement and be in addition to other regulatory codes, statutes, and ordinances heretofore or hereafter enacted by the city or any other legal entity or agency having jurisdiction. (Prior code § 8.28.040)
Except as otherwise provided, the provisions of this chapter shall be administered and enforced by the city's chief of police. In the enforcement of this chapter such officer and his deputies may enter upon private or public property to examine a vehicle or parts thereof, or obtain information as to the identity of a vehicle and to remove or cause the removal of a vehicle or parts thereof declared to be a nuisance pursuant to this chapter. (Prior code § 8.28.050)
When the council has contracted with or granted a franchise to any person or persons, such person or persons shall be authorized to enter upon private property to remove or cause the removal of a vehicle or parts thereof declared to be a nuisance pursuant to this chapter. (Prior code § 8.28.060)
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 or removal thereof in accordance with the procedure prescribed in this chapter. (Prior code § 8.28.080)
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, 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:
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 owner of the land)
As owner on the last equalized assessment roll of the land located at (address) you are hereby notified that undersigned, pursuant to Section 7 of Pismo Beach Ordinance No. 185 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 Pismo Beach Ordinance No. 185.
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, and upon your failure to do so, the same will be abated and removed by the city 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 (10) days after the mailing of this notice of intention, request a public hearing and if such a request is not received by the Pismo Beach City Council within such 10 day period, Pismo Beach Chief of Police 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 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
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 Section 7 of Pismo Beach Ordinance No. 185, has determined that said vehicle (or parts of a vehicle) exists as an abandoned, wrecked, dismantled or inoperative vehicle at (described location on public or private property) and constitutes a public nuisance pursuant to the provisions of Pismo Beach Ordinance No. 185.
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 vehicle), you are hereby notified that you may, within ten (10) days after the mailing of this notice of intention, request for a public hearing and
if such a request is not received by the City Council within such ten-day period, the Pismo Beach 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
(Prior code § 8.28.090)
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