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§ 33.1280   Abatement Procedures for Vehicles Which are Abandoned.
   (a)   If an abandoned vehicle, or parts thereof, are removed from a property, and the estimated value of the vehicle is $500.00 or less, a notice which states that the vehicle will be removed by the enforcement authority shall be securely attached to the vehicle not less than 72 hours before the vehicle is removed. Immediately after removal of the vehicle, the enforcement authority and/or contract services shall notify the Stolen Vehicle System of the Department of Justice in Sacramento of the removal.
   (b)   Within 48 hours of the removal, excluding weekends and holidays, a notice shall be sent to the registered and legal owners of the vehicle by registered or certified mail to the last address listed with the Department of Motor Vehicles, and to any other person known to have an interest in the vehicle. This notice shall include the following information:
      (1)   The name, address, and telephone number of the enforcement authority;
      (2)   The location of the place of storage and description of the vehicle which shall include, if available, make, model, license plate number, vehicle identification number, and mileage;
      (3)   The authority and purpose for removing the vehicle;
      (4)   A statement that the vehicle will be disposed of 15 days from the date of the notice; and
      (5)   A statement that the owners and interested persons, or their agents, have an opportunity for a post-storage hearing if the request is made in person, in writing, or by telephone within ten days from the date of the notice.
   (c)   Any requested hearings shall be conducted within 48 hours of the request, excluding weekends and holidays. Except as provided herein, the provisions of § 33.0209 (Administrative Hearing Procedures) of Chapter 2 of Division 3 of Title 3 of this Code are incorporated herein by reference for purposes of conducting the hearing. Failure of either the registered or legal owner, or interested person or their agent to request or to attend a scheduled hearing shall satisfy due process post-storage hearing requirements.
   (d)   If, after 15 days from the notification date, the vehicle remains unclaimed and the towing and storage fees have not been paid, and if no request for a post-storage hearing was made or a post-storage hearing was not attended, the enforcement authority may authorize disposal of the vehicle. If the names and addresses of the registered and legal owner of the vehicle are not available from the records of the Department of Motor Vehicles, the enforcement authority may authorize disposal of the vehicle at any time after the removal.
   (e)   Disposal of the vehicle may only be to a licensed dismantler or scrap iron processor. A vehicle disposed of pursuant to this Section shall not be reconstructed or made operable, unless it is a vehicle which qualifies for either horseless carriage or historical vehicle license plates.
(Am. Ord. 2996, passed - -1986; Am. Ord. 3283, passed - -1988; Am. Ord. 3349, passed - -1989; Am. Ord. 4401, passed - -2021)