§ 9.112.020. Declaration of nuisance.

Any motor vehicle which is abandoned, wrecked, dismantled, or inoperative, or any part thereof, located on any private property or public property, not including highways, in the City is hereby declared to be a public nuisance.

(1)

Abatement. Where such motor vehicle is found to constitute a public nuisance, by reason of its condition and location, as hereinafter provided, said nuisance shall be abated and the motor vehicle, and all parts thereof, shall be removed and disposed of as provided in this chapter.

(2)

Resolution of intent.

a.

Whenever the City Council finds, upon report by the City Manager, that any motor vehicle is being maintained contrary to the provisions of this chapter, the City Council shall, by resolution, declare its intent to conduct a public hearing to ascertain whether the same constitutes a public nuisance, the abatement of which is appropriate under the provisions of this chapter. Said resolution shall describe the vehicle involved, and the property wherein the same is located, including, but not limited to, the correct identification number and license number thereof, if any.

b.

Said resolution shall include a notice of intention to abate and remove the vehicle or part thereof as a public nuisance and shall contain a statement of the hearing rights of the owner of the property on which the vehicle is located and the owner of the vehicle. Said statement shall provide notice to the property owner that such owner may appear in person at a hearing or may present a sworn written statement denying responsibility for the presence of the vehicle on the land, with the owner's reasons for such denial, in lieu of appearing.

(3)

Notice of intention to abate. The notice of intention to abate shall be given as follows:

a.

By posting a copy of the City Council's resolution containing the notice conspicuously on the property whereon the motor vehicle is located at least ten days prior to the date of the hearing;

b.

Copies of said resolution shall be served on the owner of the land whereon the vehicle is located, whose name appears, as such, on the last equalized assessment roll, and on the last registered and legal owner of record of the vehicle, unless the vehicle is in such condition that identification numbers are not available to determine ownership. Such notice shall be given not less than ten days prior to the date of hearing, by United States mail, certified or registered, with a five-day return requested and postage thereon prepaid. If such mailed notice is returned undelivered, the hearing shall be continued to a date not less than ten days from the date of such return; and

c.

Notice shall also be given to the California Highway Patrol of such hearing, which notice shall identify the vehicle and/or part thereof proposed for removal; such notice shall be given at least ten days prior to the date of hearing. The failure of any person to receive the notices required hereunder shall not affect the validity of any proceedings taken pursuant to this chapter.

(Ord. No. 297, § 9.06.070.020, 3-20-2007)