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(A) This chapter shall 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;
(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;
(3) A vehicle, or parts thereof, which is located behind a solid fence six feet in height or which is not visible from a highway.
(B) Nothing in this section shall authorize the maintenance of a public or private nuisance as defined under provisions of law other than Cal. Veh. Code §§ 22650 et seq. and this chapter.
('81 Code, § 10.36.030)
(A) This chapter is not the exclusive regulation of abandoned, wrecked, dismantled or inoperative vehicles within the city.
(B) It shall supplement and be in addition to the other regulatory codes, statutes and ordinances heretofore or hereafter enacted by the city, the state or any other legal entity or agency having jurisdic-tion.
('81 Code, § 10.36.040)
(A) Except as otherwise provided in this chapter, the provisions of this chapter shall be administered and enforced by the Chief of Police.
(B) 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.
('81 Code, § 10.36.050)
When the City Council has contracted with or granted a franchise to any person, such person shall be authorized to enter upon private property or public property to remove or cause the removal of a vehicle or parts thereof declared to be a nuisance pursuant to this chapter.
('81 Code, § 10.36.060)
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 and removal thereof in accordance with the procedure prescribed in this chapter.
('81 Code, § 10.36.080)
(A) A 10-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.
(B) The notices of intention shall be substantially the following form:
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 shown on the last equalized assessment roll of the land located at you are hereby notified that the undersigned pursuant to the Ordinance Code of the City of Santa Paula has determined that there exists upon said land (an) (parts of an) abandoned, wrecked, dismantled or inoperative vehicle registered to , license number , which constitutes a public nuisance pursuant to the provisions of said code.
You are hereby notified to abate said nuisance by the removal of said (vehicle) (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 costs thereof, together with administrative costs, assessed to you as owner of the land on which said (vehicle) (parts of a vehicle) is located.
As owner of the land on which said (vehicle) (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 City within such 10-day period, the Chief of Police shall abate and remove said (vehicle) (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 responsibility for the presence of said (vehicle) (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 in time for consideration at such hearing.
Notice Mailed s/
(date) 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 the Santa Paula Ordinance Code has determined that said (vehicle) (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 (ordinance or municipal code chapter number).
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 city within such 10-day period, the Chief of Police shall have the authority to abate and remove said (vehicle) (parts of a vehicle) without a hearing.
Notice Mailed
(date)
s/
(locally designated officer)
('81 Code, § 10.36.090) (Ord. 783, passed - -82)
(A) Generally.
(1) Upon request by the owner of the vehicle or owner of the land received by the city within 10 days after the mailing of the notices of intention to abate and remove, a public hearing shall be held by the Chief of Police or other police officer designated by the Chief of Police, hereinafter referred to as hearing officer, on the question of abatement and removal of the vehicle or parts thereof as 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.
(2) If the owner of the land submits a sworn written statement denying responsibility for the presence of the vehicle on his land within such 10-day period, such statement shall be construed as a request for a hearing which does not require his presence. Notice of the hearing shall be mailed, by certified mail, at least 10 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 such 10 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.
('81 Code, § 10.36.100) (Ord. 783, passed - -82)
(B) Procedures.
(1) (a) All hearings under this chapter shall be held before the hearing officer who shall hear all relevant facts and testimony. Such facts and testimony may include testimony on the condition of the vehicle or parts thereof and the circumstances concerning its location on the private property or public property.
(b) The hearing officer shall not be limited by the technical rules of evidence.
(c) The owner of the land may appear in person at the hearing or present a sworn written statement in time for consideration at the hearing, and deny responsibility for the presence of the vehicle on the land, with his reasons for such denial.
(2) (a) The hearing officer may impose such conditions and take such other action as he deems appropriate under the circumstances to carry out the purpose of this chapter.
(b) He may delay the time for removal of the vehicle or parts thereof if, in his opinion, the circumstances justify it.
(c) At the conclusion of the public hearing, the hearing officer may find that a vehicle or parts thereof has been abandoned, wrecked, dismantled or is inoperative on private or public property and order the same removed from the property as a public nuisance and disposed of as provided in this chapter and determine the administra-tive costs and the cost of removal to be charged against the owner of the land.
(d) The order requiring removal shall include a description of the vehicle or parts thereof and the correct identification number and license number of the vehicle, if available at the site.
(3) If it is determined at the hearing that the vehicle was placed on the land without the consent of the owner of the land and that he has not subsequently acquiesced in its presence, the hearing officer shall not assess the costs of administration or removal of the vehicle against the property upon which the vehicle is located or otherwise attempt to collect such costs from such owner of the land.
(4) If the owner of the land submits a sworn written statement denying responsibility for the presence of the vehicle on his land but does not appear, or if an interested party makes a written presentation to the hearing officer but does not appear, he shall be notified in writing of the decision.
('81 Code, § 10.36.110)
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