Part 2

The Director may enter upon private property on which there exists an accumulation of vehicles for sale for the purpose of determining the identification numbers of the vehicles. Prior to entering upon private property for such inspection, the Director shall comply with any applicable warrant requirements unless the nature of the signs or placards on or near the vehicles reasonably appear to invite or encourage members of the general public to enter the premises for the purpose of viewing or inspecting the vehicles.

(Ord. 97-1121 § 2)

• (a) Whenever the Director finds that any premises in the City is being maintained contrary to CMC § 41205, the Director shall send a written Notice and Order to Abate Public Nuisance by registered mail to the owner of the land and to the owners of the vehicles that are part of the accumulation of vehicles for sale, unless the Director is unable to gain access to the property or any of the vehicles is in such condition that vehicle identification numbers or license plates are not available to determine ownership.

• (b) The notice issued pursuant to subsection (a) of this Section shall contain all of the following:

  • (1) A statement that the accumulation of vehicles for sale at the property constitutes a public nuisance pursuant to CMC § 41205.

  • (2) A warning that an additional violation of CMC § 41205 may result in the impoundment of vehicles determined to be part of an accumulation of vehicles for sale.

  • (3) A warning that vehicles determined to be part of an accumulation of vehicles for sale may be impounded pursuant to this Chapter even if moved to other private property, so long as signs or placards offering the vehicles for sale remain on or near the vehicles.

  • (4) A statement that the Notice and Order to Abate Public Nuisance may be appealed to the Director in accordance with CMC § 41208 within ten (10) calendar days of the date appearing on the notice.

• (Ord. 97-1121 § 2)

• (a) Any recipient of a Notice and Order to Abate Public Nuisance may appeal such notice by filing a written appeal with the City Clerk within ten (10) calendar days of the date appearing on the notice. The appeal shall be accompanied by a fee in an amount established by resolution of the City Council.

• (b) Upon the timely submission of an appeal, the Director shall hold a hearing on the question of the existence of an accumulation of vehicles for sale in violation of CMC § 41205. Notice of the hearing shall be mailed to the appellant(s) by registered mail at least ten (10)

calendar days before the hearing.

• (c) At the hearing, the Director shall hear and consider all relevant evidence including, but not limited to, testimony from owners, City personnel, witnesses and other interested parties. The Director may consider staff reports and other written evidence relative to the matter. The hearing may be continued from time to time. The hearing may be informally conducted, and the rules of evidence need not apply.

• (d) Within ten (10) calendar days of the conclusion of the hearing, the Director shall issue a written decision. The Director shall sustain the issuance of the Notice and Order to Abate Public Nuisance upon determining, based on a preponderance of the evidence, the existence of an accumulation of vehicles for sale in violation of CMC § 41205.

• (e) No later than three (3) City business days after the Director's decision, notice of the decision and a copy thereof shall be mailed by registered mail to the appellant(s). Such notice shall indicate that the decision may be appealed to the City Council by filing a written appeal with the City Clerk within ten (10) calendar days of the date appearing on the decision.

• (f) The decision of the Director shall be final and effective ten (10) calendar days after the date appearing on such decision unless by 6:00 p.m. of the last City business day (Monday through Thursday) before the tenth day any person, including any member of the City Council or the City Manager, has filed a written appeal of the decision with the City Clerk.

• (Ord. 97-1121 § 2)

• (a) Any person, including any member of the City Council or the City Manager, may appeal the decision of the Director by filing a written appeal with the City Clerk within ten (10) calendar days of the date appearing on such decision. Any appeal that is not filed by a member of the City Council or the City Manager shall be accompanied by a fee in an amount established by resolution of the City Council.

• (b) Upon the timely submission of an appeal, the City Council shall hold a de novo public hearing on the question of the existence of an accumulation of vehicles for sale in violation of CMC § 41205. Notice of the hearing shall be mailed to the appellant(s) by registered mail at least ten (10) calendar days before the hearing.

• (c) At the hearing, the City Council shall hear and consider all relevant evidence including, but not limited to, testimony from owners, City personnel, witnesses and other interested parties. The City Council may consider staff reports and other written evidence relative to the matter. The hearing may be continued from time to time. The hearing may be informally conducted, and the rules of evidence need not apply.

• (d) Within ten (10) calendar days of the conclusion of the hearing, the City Council shall issue a decision by resolution. The City Council shall sustain the issuance of the Notice and Order to Abate Public Nuisance upon determining, based on a preponderance of the evidence, the existence of an accumulation of vehicles for sale in violation of CMC § 41205. The determination of the City Council shall be final and shall be made by resolution.

• (e) No later than three (3) City business days after the City Council's decision, notice of the decision and a copy of the resolution shall be mailed by registered mail to the appellant(s). Such notice shall contain the substance of the following statement:

You are hereby notified that the time within which judicial review of this decision may be sought is governed by California Code of Civil Procedure Section 1094.6.

• (f) The appellant may seek judicial review of the City Council's decision in accordance with California Code of Civil Procedure Section 1094.5 et seq. or as otherwise permitted by law.

• (Ord. 97-1121 § 2)

• (a) The Director may enter upon private property and remove any vehicle found to be part of an accumulation of vehicles for sale, if any of the following circumstances have occurred:

  • (1) Within the past thirty (30) calendar days, but at least eleven (11) calendar days prior to the removal of the vehicle, a Notice and Order to Abate Public Nuisance pertaining to the vehicle was issued; provided, that removal shall not occur if an appeal of such notice has been filed pursuant to CMC § 41208.

  • (2) Within the past thirty (30) calendar days, but at least eleven (11) calendar days prior to the removal of the vehicle, the Director sustained the issuance of a Notice and Order to Abate Public Nuisance pertaining to the vehicle; provided, that removal shall not occur if an appeal of such decision has been filed pursuant to CMC § 41209.

  • (3) Within the past thirty (30) calendar days, but at least three (3) calendar days prior to the removal of the vehicle, the City Council sustained the issuance of a Notice and Order to Abate Public Nuisance pertaining to the vehicle.

• (b) Prior to entering upon private property for such removal, the Director shall comply with any applicable warrant requirements.

• (Ord. 97-1121 § 2)

• (a) Within forty-eight (48) hours of the removal of any vehicle pursuant to CMC § 41210, excluding weekends and holidays, the Director shall send a Notice of Abatement by registered mail to the owner of the vehicle.

• (b) The notice issued pursuant to subsection (a) of this Section shall contain all of the following:

  • (1) A description of the vehicle removed. To the extent possible, such description shall include the name or make, the manufacturer, the license plate number and the mileage of each vehicle.

  • (2) The date of removal of the vehicle.

  • (3) The property from which the vehicle was removed.

  • (4) A statement that the vehicle was removed pursuant to this Chapter.

  • (5) The location and procedure for retrieval of the vehicle.

  • (6) A statement that if the owner fails to retrieve the vehicle within thirty (30) calendar days of the date appearing on the Notice of Abatement, then the vehicle shall be deemed to be permanently abandoned.

  • (7) A statement that vehicles deemed to be permanently abandoned may be sold at public auction or otherwise disposed of.

• (Ord. 97-1121 § 2)

Any vehicle removed pursuant to CMC § 41210 shall be released to the owner thereof if claimed within thirty (30) calendar days after such removal and upon payment of the City's reasonable administrative, towing, storage and impound fees. The Director may waive payment of such fees, upon request of the owner of the vehicle, on a demonstration of good cause. (Ord. 97-1121 § 2)

Any vehicle that is not retrieved by the owner thereof within thirty (30) calendar days after the mailing of a written Notice of Abatement, when such owner has not requested a hearing in accordance with this Chapter, shall be deemed to be permanently abandoned. Vehicles deemed to be permanently abandoned may be sold at public auction or otherwise disposed of at the end of the thirty (30) calendar days following such notice. (Ord. 97-1121 § 2)

• (a) Within ten (10) City business days of the removal of any vehicle pursuant to CMC § 41210, the Director shall send a Notice of Abatement by registered mail to the owner of the land.

• (b) The notice issued pursuant to subsection (a) of this Section shall contain all of the following:

  • (1) A description of the vehicle removed. To the extent possible, such description shall include the name or make, the manufacturer, the license plate number and the mileage of each vehicle.

  • (2) The date of removal of the vehicle(s).

  • (3) The property from which the vehicle was removed.

  • (4) A statement that the removal occurred pursuant to this Chapter.

  • (5) An itemized statement of the administrative costs and the cost of removal to be charged against the owner of the land, as such costs are determined by the Director of Finance of the City of Carson.

  • (6) A statement that if the indicated costs are not paid within thirty (30) calendar days of the date of the notice, then such costs shall be assessed against the parcel of land pursuant to Section 38773.5 of the Government Code and shall be transmitted to the tax collector for collection.

• (c) If more than one (1) vehicle is removed from a property pursuant to CMC § 41210, then the Director may send a single Notice of Abatement to the owner of the land. Such notice shall contain the information set forth in subsection (b) of this Section with respect to each vehicle removed from the property.

• (Ord. 97-1121 § 2)

If the administrative costs and the cost of removal which are charged against the owner of a parcel of land pursuant to CMC § 41214 are not paid within thirty (30) calendar days of the date of the notice, such costs shall be assessed against the parcel of land pursuant to Government Code Section 38773.5 and shall be transmitted to the Tax Collector for collection. Notice of such assessment shall be sent by certified mail at the time of imposing the assessment and shall specify that the property may be sold after three (3) years by the Tax Collector for unpaid delinquent assessments.

(Ord. 97-1121 § 2)