American Canyon Municipal Code Ch. 10.36 Abandoned, Wrecked, Dismantled or Inoperative Vehicles

In addition to and in accordance with the determination made and

the authority granted by the state of California under Section 22660 of the State Vehicle Code to remove abandoned, wrecked, dismantled or inoperative vehicles, or parts thereof, as public nuisances, the council makes the following findings and declarations: The accumulation and storage of abandoned, wrecked, dismantled or inoperative vehicles or parts thereof on private or public property, is found to create a condition tending to reduce the value of private property, to promote blight and deterioration, to invite plundering, to create fire hazards, to constitute an attractive nuisance creating a hazard to the health and safety of minors, to create harborage for rodents and insects, and to be injurious to the health, safety and general welfare. Therefore the presence of an abandoned, wrecked, dismantled or inoperative vehicle or parts thereof, on private or public property, except as expressly hereinafter permitted, is declared to constitute a public nuisance which may be abated as such in accordance with the provisions of this chapter. The council also finds and declares that constructive leisure pursuits by residents of the city of American Canyon is most important. This chapter is intended to encourage responsible participation in the hobby of collecting, preserving, restoring, and maintaining motor vehicles of historic and special interest, which contributes to the enjoyment of citizens and the preservation of California memorabilia. This chapter is the specific standard to control and regulate abandoned, wrecked, dismantled or inoperative vehicles, notwithstanding the provisions of Chapter 9.04 of this title.

As used in this chapter: "Collector" means the owner of one or more historic vehicles

or special interest vehicles, as defied in this section, who collects, purchases, acquires, or disposes of such vehicles, or parts thereof, for his or her own use, in order to preserve, restore, and maintain such vehicles for hobby or historic purposes. "Dismantled vehicle" means a vehicle that has had, intentionally or unintentionally, one or more critical parts removed for forty-five days or more. A critical part is any part that is needed to safely operate the vehicle, including but not limited to a wheel or tire, windshield, door, side quarter panel, trunk, hood, roof, steering wheel, motor or transmission. A vehicle can be "dismantled" whether or not it is in an inoperative condition. "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 streets. "Historic vehicle" means any vehicle which is collected, restored, maintained and operated by a collector or hobbyist primarily for historical exhibition or similar purposes and which is either: 1. A motor vehicle with an engine of sixteen or more cylinders manufactured prior to 1965; 2. A motor vehicle manufactured in the year 1922 or prior thereto; 3. A vehicle which was manufactured after 1922, is at least twenty-five years old, and is of historic interest; 4. A vehicle described in paragraphs (1), (2), or (3) which is operated or moved over the highway primarily for the purpose of historical exhibition or other similar purposes shall, upon application in the manner and at the time prescribed by the state Department of Motor Vehicles, be issued special identification plates for the vehicle by the state Department of Motor Vehicles. "Inoperative vehicle" means: 1. Any vehicle in such condition, as a result of mechanical and/or structural defects, however caused, that it cannot be legally or actually driven under its own power except for any vehicle which is being repaired, within a reasonable period of time; or 2. Any vehicle that has not been, for more than six months, validly registered for operation or use on the highways in this state as required under the provisions of Division 3 (commencing at Section 4000 et seq.) of the state Vehicle Code, including any "nonoperated vehicle" as defined in this section. "Motor vehicle" means any vehicle which is self-propelled, but, does not include a self-propelled wheelchair, invalid tricycle, or motorized quadricycle when operated by a person, who, by reason of physical disability, is otherwise unable to move about as a pedestrian. "Non-operated vehicle" means any vehicle for the which the owner of the vehicle has (1) filed a certification under penalty of perjury that the vehicle will not be operated, moved or left standing on any highway during the subsequent registration year without the owner first making application for registration of the vehicle, including full payment of all fees, and (2) obtained a certificate of nonoperation from the state Department of Motor Vehicles. For purposes of this subsection, "vehicle" means a device by which any person or property may be propelled, moved, or driven upon a highway having intact and assembled its major component parts including, but not limited to, the frame or chassis, cowl, and floor pan or, in the case of a trailer, the frame and wheels or, in the case of a motorcycle, the frame, front fork, and engine. For purposes of this section, "vehicle" does not include a device moved exclusively by human power, a device used exclusively upon stationary rails or tracks, or a motorized wheelchair. "Nonrepairable vehicle" means a vehicle of a type otherwise subject to registration that meets the criteria specified in subdivisions (1), (2) or (3). The vehicle shall be issued a nonrepairable vehicle certificate by the state Department of Motor Vehicles and shall not be titled or registered.

1. A nonrepairable vehicle is a vehicle that has no resale value except as a source of parts or scrap metal, and which the owner irreversibly designates solely as a source of parts or scrap metal. 2. A nonrepairable vehicle is a completely stripped vehicle (a surgical strip) recovered from theft, missing all of the bolt on sheet metal body panels, all of the doors and hatches, substantially all of the interior components, and substantially all of the grill and light assemblies, or that the owner designates has little or no resale value other than its worth as a source of scrap metal, or as a source of a vehicle identification number that could be used illegally. 3. A nonrepairable vehicle is a completely burned vehicle (burned hulk) that has been burned to the extent that there are no more usable or repairable body or interior components, tires and wheels, or drive train components, and which the owner irreversibly designates as having little or no resale value other than its worth as scrap metal or as a source of vehicle identification numbers that could be used illegally. "Nonrepairable vehicle certificate" means a vehicle ownership document issued to the owner of a nonrepairable vehicle by the state Department of Motor Vehicles. Ownership of the vehicle may only be transferred two times on a nonrepairable vehicle certificate. A vehicle for which a nonrepairable vehicle certificate has been issued may not be titled or registered for use on the roads or highways of California. A nonrepairable vehicle certificate shall be conspicuously labeled with the word "nonrepairable" across the front. "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 (and legal) owner of record. "Parts car" means any motor vehicle which is owned by a collector to furnish parts for restoration or maintenance of a special interest vehicle, a historic vehicle, or street rod vehicle, thus enabling the collector to preserve, restore, and maintain a special interest vehicle, or a historic vehicle, or street rod vehicle, for which the state Department of Motor Vehicles has issued special plates pursuant to the state Vehicle Code. "Special interest vehicle" means a vehicle of any age which is unaltered from the manufacturer's original specifications and, because of its significance, such as an out-of-production vehicle, or a model of less than two thousand (2,000) sold in the state in any model year, is being collected, preserved, restored, or maintained by a collector as a leisure pursuit. "Storage" means the placement of a vehicle or other objects in a location for preservation or future use. "Street rod vehicle" means any motor vehicle, other than a motorcycle, manufactured in or prior to 1948 which has been individually modified in its body style or design, including through the use of nonoriginal or reproduction components, and which may include additional modifications to other components, including, but not limited to, the engine, drive train, suspension, and brakes in a manner that does not adversely affect its safe performance as a motor vehicle or render it unlawful for highway use. "Total loss salvage vehicle" means a vehicle, other than a nonrepairable vehicle, of a type subject to registration that has been wrecked, destroyed, or damaged, to such an extent that the owner, leasing company, financial institution or the insurance company that insured the vehicle considers it uneconomical to repair by or for the person who owned the vehicle at the time of the event resulting in damage. "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.

Ord. 97-08 § 2, 1998

(A) A vehicle, or part thereof, which is completely enclosed within a building or a carport or in a backyard which is completely fenced or in which the vehicle is reasonably screened from view by trees, shrubbery, or other appropriate means, so that the vehicle is not visible from the highway or other public or private property, and is not a health or safety hazard.

(B) A vehicle, or part thereof, which is stored or parked in a lawful manner or 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.

(C) One or more historic vehicles, special interest vehicles, parts vehicles, or street rod vehicles, whether currently licensed or unlicensed, operable or inoperable, maintained by a collector in outdoor storage on private property, if every such vehicle and outdoor storage area is maintained in such a manner as not to constitute a health hazard, and is located away from public view, or screened from ordinary public view, by means of a suitable fence, trees, shrubbery, opaque covering, or other appropriate means, so long as the following requirements are met:

(1) Although registration may not be required by the state Department of Motor Vehicles, vehicles stored in any backyard area must have either a "nonrepairable vehicle certificate," "nonoperational vehicle certificate" or any other applicable certificate required by the state Department of Motor Vehicles to excuse nonregistration of the vehicle, before such storage of an unregistered vehicle shall occur.

(2) Since nonrepairable vehicle certificate status allows for the vehicle in question to be exempt from being titled or registered, a time limit of six months will be allowed for the owner of said vehicle to remove all parts desired and dispose of remaining portion of the vehicle.

(3) A "total loss salvage vehicle" must be registered with the state Department of Motor Vehicles, but even with registration and due to the nature of the vehicle's overall condition, the owner must make a financial commitment to its complete repair and restoration to operational status and repair work must be substantially in progress by the sixth month after the vehicle is first stored on private property, or the vehicle shall be subject to abatement by the city pursuant to this chapter.

(4) If all of the requirements of subsection (C) of this section are met, any vehicle that is registered as nonoperational may remain in the backyard on private property for an unlimited period of time, as long as it is stored on an all-weather surface as defined by the city.

(5) Any legally registered and fully operational vehicle may remain in either the front, side or backyard storage areas as long as they are on an all-weather surface, and all other requirements of this chapter and this code are met.

(6) Any inoperative vehicle shall not be stored in the front yard of any private property for more than thirty days unless otherwise authorized by the city. Storage in any private front yard is restricted to fully operable and legally registered vehicles.

(7) Once an "inoperable vehicle" has been in the front yard area of a private property for more than thirty days without being fully repaired for legal use on state highways, it is subject to abatement proceedings pursuant to this chapter. The owner of the vehicle shall then have the following options:

(a) To immediately take the vehicle to a repair facility for the completion of final repairs;

(b) To remove the vehicle to a proper storage area other than the front yard area, which meets the requirements of this chapter;

(c) If an inoperative vehicle is in a condition which it can legally or actually be driven under its own power on the highways of this state, and is classified as "inoperative" pursuant to Section 10.36.010 of this chapter solely because it is unregistered, to promptly register the vehicle for use on the highways of this state as required under the provisions of Division 3 (commencing at Section 4000 et seq.) of the state Vehicle Code;

(d) To permit the abatement process to proceed without objection, or to appeal the abatement process, pursuant to Sections 10.36.080 and 10.36.090 of this chapter.

Ord. 2000-07 § 1, 2000

Ord. 97-08 § 2, 1998

This chapter is intended to allow private citizens to

maintain, store, and ultimately restore or repair their private vehicles needed for normal personal use, whether for recreation, pleasure, collection, or business, with the following restrictions:

(A) No person shall park, maintain, or store an abandoned, wrecked, dismantled, or inoperative vehicle, or parts thereof, on public or private property, including highways, except as otherwise authorized by this chapter or the state Vehicle Code.

(B) No property owner shall convert his property into a salvage yard, vehicle repair facility, or any other business venture without first obtaining any required permits, business licenses, and/or applicable authorization from the city.

(C) No person shall store business-related inventory, materials, vehicles, motor vehicles, or heavy equipment, on private residential property. Any business-related vehicles, parts, equipment, or materials found on private residential property in connection with an unauthorized business venture shall be subject to abatement or other legal proceedings as authorized by law.

(D) No vehicles, parts, or other materials, which belong to persons other than the owner or occupant of the property, shall be stored on private residential property. All commercial storage facilities must first be authorized by the city before such storage is allowed.

(E) No vehicles stored on private property shall be used for the storage of garbage or refuse, or as living quarters, unless otherwise authorized by the city.

Ord. 97-08 § 2, 1998

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, the state, or any other legal entity or agency having jurisdiction.

Except as otherwise provided in

this chapter, the provisions of this chapter shall be administered and enforced by the vehicle abatement officer as designated by the city manager. In the enforcement of this chapter, such officer and his deputies may enter upon property with the written permission of the owner or resident of the property or upon obtaining an inspection warrant pursuant to Section 1822.50 et seq., of the state Code of Civil Procedure, or other necessary judicial authorization, to examine a vehicle, or parts thereof, obtain information as to the identity of a vehicle, and remove or cause the removal of a vehicle or part thereof declared to be a nuisance pursuant to this chapter.

Ord. 97-08 § 2, 1998

When the council has contracted with or granted a franchise to

any person or persons to remove vehicles pursuant to this chapter, such person or persons 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. When legally required, the contractor shall obtain an inspection warrant pursuant to state Code of Civil Procedure Section 1822.050 et seq., or other appropriate judicial authorization before entering the property.

Ord. 97-08 § 2, 1998

Upon discovering the existence of an abandoned, wrecked,

dismantled or inoperative vehicle, or parts thereof, which is not lawfully parked or stored pursuant to Sections 10.36.030 and 10.36.040 of this chapter, the vehicle abatement officer shall have the authority to cause the abatement and removal thereof in accordance with the procedures described herein.

Ord. 97-08 § 2, 1998

(A) A fifteen-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 as shown on the last equalized assessment roll and to the last registered and legal owner of the vehicle on record, 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 shown on the last equalized assessment roll of the land located at (address), you are hereby notified that the undersigned, pursuant to Chapter 10.36 of the American Canyon Municipal Code, has determined that there exists upon said land an (or parts of) abandoned, wrecked, dismantled or inoperative vehicle registered to_________, license number _, which constitutes a public nuisance pursuant to the provisions of Chapter 10.36 of the American Canyon Municipal Code. You are hereby notified to abate said nuisance by the removal of said vehicle (or said parts of a vehicle) within fifteen (15) days from the date of the 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, will be 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 fifteen (15) days after the mailing of this notice of intention, request a public hearing, and if such request is not received by the City Clerk of the City of American Canyon within such 15-day period, the designated officer 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 15-day period denying 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: /S/_ (Date) (Locally designated officer) 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 legal owner of record of (description of vehicle - make, model, license, etc.), you are hereby notified that the undersigned pursuant to Chapter 10.36 of the American Canyon Municipal Code 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 Chapter 10.36 of the American Canyon Municipal Code. You are hereby notified to abate said nuisance by the removal of said vehicle (or parts of a vehicle) within fifteen (15) days from the mailing of this notice. As registered and legal owner of record of said vehicle (or parts of a vehicle), you are hereby notified that you may, within fifteen (15) days after the mailing of this Notice of Intention request a public hearing and, if such request is not received by the City Clerk of the City of American Canyon within such fifteen (15) day period, the designated officer shall have the authority to abate and remove said vehicle (or parts of vehicle) without a hearing. Notice Mailed: _/S/ (Date) (Locally designated officer)

(B) A copy of the notice referred to in subsection (A) of this section shall also be posted on the vehicle proposed to be abated and on the property where the vehicle is located.

(C) A notice of intention to abate shall not be required if either of the following exist:

(1) The property owner and the owner of the vehicle have signed releases authorizing removal of the vehicle and waiving further interest in the vehicle or parts thereof; or

(2) All of the following conditions are satisfied:

(a) The vehicle or part thereof is inoperable due to the absence of a motor, transmission, or wheels and is incapable of being towed,

(b) The vehicle or part thereof is valued at less than three hundred dollars by the police chief of the city or designee,

(c) The police chief or designee has determined that the vehicle or part thereof is a public nuisance presenting an immediate threat to the public health and safety,

(d) The property owner and record owner of the vehicle have signed a release authorizing the removal of the vehicle and waiving further interest in the vehicle or part thereof, or

(e) The vehicle is located upon a parcel that is either zoned for agricultural use or is not improved with a residential structure containing one or more dwelling units,

(f) If the vehicle or parts thereof are not claimed and removed from the scrapyard, auto dismantler's yard, or public disposal area within twelve days after the notice to dispose of vehicle is mailed by the city, final disposition may be proceed;

(3) If the vehicle is valued at less than three hundred dollars by the city's police chief or designee, and all of the requirements set forth in subsection (C)(2) of this section are not met, the vehicle may be disposed of pursuant to the procedures set forth in Sections 22851.2 through 22851.10 of the Vehicle Code.

Ord. 97-08 § 2, 1998

(A) All hearings under this chapter shall be held before the city manager or his or her designee, who shall hear all facts and testimony deemed pertinent. Said facts and testimony may include testimony on the condition of the vehicle or parts thereof, and the circumstances concerning its location on the private or public property. The city shall not be limited by the technical rules of evidence. The owner of the land on which the vehicle is located and the owner of the vehicle may appear in person at the hearing or present sworn written statements in time for consideration at the hearing, and deny responsibility for the presence of the vehicle on the land, with reasons for such denial.

(B) The city may impose such conditions and take such other actions as it deems appropriate under the circumstances to carry out the purposes of this chapter. It may delay the time for removal of the vehicle, or part thereof if in its opinion, the circumstances justify it. At the conclusion of the public hearing, the city manager or designated hearing officer may find that a vehicle or part thereof has been abandoned, wrecked, dismantled or is inoperative on private or public property, may order the same removed from the property and disposed of as a public nuisance, in the manner authorized by law and as provided in this chapter. The order requiring removal shall include a description of the vehicle, or part thereof, and a correct identification number and license of the vehicle, if available at the site. Written notice of the decision and a copy of the order shall be given to the property owner and the owner of the vehicle by certified mail within ten days of the city manager's decision.

(C) If it is determined at the hearing that the vehicle was placed on the land without the consent of the land owner and that he or she has not subsequently acquiesced in its presence, the city shall not assess 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 land owner.

(D) If an interested party makes a written presentation to the city manager or the designated hearing officer, but does not appear, he or she shall be notified in writing of the decision by mail within ten days of the city's decision.

(E) An interested party may appeal the order of the city manager or the designated hearing officer to the city council or the city planning commission or a panel comprised of three residents of the city as designated annually by the city council by filing a written request for appeal within the city clerk. A hearing before the appropriate appellate body shall be held within thirty days of the filing of the appeal request preceded by a ten- day notice of the appeal hearing which shall be posted in the same manner and form as regular meetings of the city council. Upon conclusion of the hearing by the designated appellate body, a decision consistent with the provisions of this section shall be prepared and mailed as provided in this section.

Ord. 99-11 § 2, 1999

Ord. 97-08 § 2, 1998

Notice of the final order declaring the vehicle or parts thereof to be a public

nuisance shall be mailed to the owner of the real property upon which the vehicle is located and to the record owner of the vehicle by the city manager or the designated hearing officer or the designated appellate body after conclusion of the hearing. After fifteen days from the date of the mailing of the notice of the final order, the vehicle or parts thereof may be disposed of by removal in the manner authorized by law to a scrap yard or automobile dismantler yard. After a vehicle has been removed, it shall not thereafter be reconstructed or made operable unless it is a vehicle which qualifies for either horseless carriage license plate or a historical vehicle license pursuant to Section 5004 of the state Vehicle Code, in which case the vehicle may be reconstructed or made operable.

Ord. 97-08 § 2, 1998

Abatement of any motor vehicle registered or subject to

registration with the state Department of Motor Vehicles shall be carried out and conform with the provisions of the state Vehicle Code and this chapter.

Ord. 97-08 § 2, 1998

(A) Cost Recovery Procedures.

(1) The city may recover reasonable costs incurred in the abatement of motor vehicles, or parts of motor vehicles, pursuant to this chapter through the procedures set forth in this section, pursuant to state Vehicle Code Section 22660.

(2) Such abatement costs may be made a personal debt of the vehicle owner or the owner of the property from which the vehicle was removed, or a special assessment against any real property owned by the vehicle owner or the property from which the vehicle was removed.

(B) Report on Abatement Costs. The city manager or his or her designee shall keep a detailed itemized report of the expenses incurred by the city in the abatement of any vehicles pursuant to this chapter. Upon completion of the work, or as soon thereafter as may be practicable, the city manager shall file with the city clerk a report which specifies the address or location of the property from which the vehicle was removed, the license plate, or vehicle identification number for the vehicle, the year, make, model and color of the vehicle, the nature of the work performed in removing the vehicle, and the itemized and total cost of this work.

(C) Notice of Hearing Before City Council. Upon receipt of the report of the city manager, the city clerk shall set a hearing on the report before the city council, on a date which is no less than ten and no more than sixty days after service of the report on the property owner and the vehicle owner. A notice which specifies the date, time and place of the hearing and the total amount of the expenses for the abatement of the vehicle, shall be served on the owner of the real property from which the vehicle was removed and the vehicle owner, if known, by certified mail. If the address of the owner of the vehicle is not known, the city shall post a copy of the notice in a conspicuous place on the property from which the vehicle or parts of a vehicle were removed and shall publish a copy of the notice in a newspaper of general circulation in the city, at least twice, no less then ten days before the hearing.

(D) Hearing Before City Council. Unless otherwise continued for good cause, the city council shall hold the hearing at the date, time and place specified on the notice served on the vehicle owner and the property owner. At the hearing, the city manager shall present the report to the city council, and the vehicle owner and property owner shall have the right to present any objections to the report. The city manager, the vehicle owner, and the property owner shall have the right to be represented by counsel.

(E) Decision of the City Council. At the conclusion of the hearing or within thirty days thereafter, the city council shall approve, reject or modify the city manager's report on expenses incurred in the abatement of the vehicle and shall issue a written decision which specifies the amount and nature of the approved expenses incurred by the city that shall be recovered from the vehicle owner or property owner and that such expenses shall be made either a personal debt of the vehicle owner or property owner or a special assessment against any real property owned by the vehicle owner or the property from which the vehicle was removed. If the amount of any special assessment imposed exceeds five hundred dollars, the city council may provide in its decision that the special assessment shall be payable in not more than five equal annual installment payments. A copy of the city council's decision shall be served on the vehicle owner and property owner through the procedure specified by state law for the service of a summons. The notice shall specify that the property may be sold after three years by the county tax collector for unpaid assessments.

(F) Recordation of Notices for Special Assessment. If the city council's decision designates the amount of approved abatement expenses as a special assessment against real property owned by the vehicle owner or the property from which the vehicle was removed, the city manager shall cause a copy of all notices given to the property owner or vehicle owner, and the city council's decision to be recorded at the office of the county recorder.

(G) Status of Special Assessment for Vehicle Abatement Costs. The abatement costs approved by the city council shall immediately, upon recordation, constitute a special assessment lien against the property. Such special assessment lien shall be subordinate to any existing special assessment which exists on the same property, but shall be paramount to all other liens except for state, county and municipal taxes with which the special assessment lien shall be in parity.

(H) Method for Collection of Special Assessment. The assessment shall be collected by the county tax collector at the same time and in the same manner as ordinary municipal taxes are collected, and shall be subject to the same penalties and the same procedure and sale in case of delinquency. All laws applicable to the levy, collection and enforcement of municipal taxes shall apply to this special assessment. However, if the real property on which the special assessment is placed has been transferred to a bona fide purchaser for value, or if the lien of a bona fide encumbrancer for value has been created and attaches thereon prior to the date on which the first installment of the special assessment becomes delinquent, then the cost of abatement shall not result in a lien against the property but instead shall be transferred to the unsecured tax roll for collection.

(I) Sale of Property for Payment of Delinquent Special Assessment. The city may, subject to the requirements of state law, conduct a sale of vacant developed residential real property owned by the vehicle owner for which the payment of the special assessment is delinquent.

(J) Delinquent Assessments. All special assessments imposed for the removal of any vehicle subject to this chapter which remain unpaid after thirty days from the date for the recordation on the assessment roll shall become delinquent and shall bear interest at the rate of ten percent per year. The city may collect the debt through any legal means.

(K) Council Decision to Make Abatement Costs a Personal Debt of Vehicle Owner or Property Owner. As an alternative to making the city's abatement costs a special assessment on real property owned by the vehicle owner or property owner, the city council may designate that such approved abatement expenses shall be a personal debt of the vehicle owner or property owner which is payable within thirty days.

(L) Delinquent Debts. If the vehicle owner or property owner fails to pay the entire amount due within this time, the debt shall become delinquent and may be collected by the city through any legal means. Interest shall accrue on the unpaid debt at the rate of ten percent per year.

(M) Definition of Abatement Costs. For the purposes of this section, abatement costs shall include, but not be limited to, the city's costs incurred in removing the vehicle from the property by its own personnel, or by contract with a third party, costs incurred in giving required notices to the property owner and the owner of the vehicle, enforcement costs, including but not limited to, inspections, communications with the property and vehicle owner, and legal costs incurred in any judicial, administrative or special proceeding to abate the vehicle, and costs for the obtaining of an inspection warrant or other judicial order which authorizes removal of the vehicle from the property. Attorneys' fees may be awarded to any prevailing party in the action, but shall not in any case, exceed the reasonable amount of attorneys' fees incurred by the city in the action or proceeding. The city may designate at the beginning of any judicial, administrative or special proceeding whether it will apply for an award of attorney's fees to the prevailing party.

Ord. 99-11 § 3, 1999