§ 90.34 ABATEMENT AND REMOVAL PROCEDURES.

(A) Upon discovery on public or private property, excluding a highway, of an abandoned vehicle or a vehicle which lacks an engine, transmission, wheels, tires, doors, windshield, or other major part or equipment necessary to operate safely on the highway, the Chief of Police shall have the authority to cause the abatement and removal of said vehicle in accordance with the procedure prescribed in this section.

(B) Except as otherwise provided by law or this chapter, not less than a ten-day notice of intention to abate and remove the vehicle or part thereof as a public nuisance shall be issued for a vehicle abandoned on public or private property, excluding a highway, unless the property owner and the owner of the vehicle have signed releases authorizing removal and waiving further interest in the vehicle or part thereof, except as provided in Cal. Veh. Code § 22661(c).

(C) The ten-day notice of intention to abate and remove a vehicle or part thereof, when required by this chapter, shall contain a statement of hearing rights of the owner of the property on which the vehicle is located and of the owner of the vehicle. The statement shall include notice to the property owner that he (or she) may appear in person at a hearing or may submit a sworn written statement denying responsibility for the presence of the vehicle on the land, with his (or her) reason for such denial, in lieu of appearing. The notice of intention to abate 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 owners of record unless the vehicle is in such condition that the identification numbers are not available to determine ownership.

(D) A request for a hearing shall be made to the Chief of Police within ten days after the mailing of notice of intention to abate and remove the vehicle or at the time of signing a release.

(E) Upon a request for a hearing by the owner of the vehicle or the owner of the land upon which such vehicle is located, a public hearing shall be held before the Chief of Police or his designee.

(F) If such a request is not received within such period, the appropriate public body, agency, or officer shall have the authority to remove the vehicle.

(G) The Chief of Police or his designee shall hear all facts and testimony it deems pertinent. The facts and testimony may include testimony on the condition of the vehicle or parts, and the circumstances concerning its location on the private property or public property. The Chief of Police or his designee shall not be limited by the technical rules of evidence.

(H) The owner of the land on which the vehicle is located is authorized to appear in person at the hearing or present a sworn written statement denying responsibility for the presence of the vehicle on the land, with his (or her) reason for such denial.

(I) If it is determined at the hearing that the vehicle was placed on the land without the consent of the landowner and that he (or she) has not subsequently acquiesced in its presence, then the local authority shall not assess costs of administration or removal of the vehicle against the property on which the vehicle is located or otherwise attempt to collect such cost from the owner.

(J) If the owner of the land on which the vehicle is located submits a sworn written statement denying responsibility for the presence of the vehicle on his (or her) land within such time period, this statement shall be construed as a request for hearing which does not require the presence of the owner submitting such request.

(K) The Chief of Police or his designee may impose such conditions and take such other action as it deems appropriate under the circumstances to carry out the purpose of this chapter. It may delay the time for removal of the vehicle, or parts, if, in its opinion, the circumstances justify it. At the conclusion of the public hearing, the Chief of Police or his designee may find that a vehicle, or parts, has been abandoned, wrecked, dismantled or is inoperative on private or public property and order the same be removed from the property as a public nuisance and disposed of as provided in this chapter and determine the administrative costs and the cost of removal to be charged against the owner of the land. The order requiring removal shall include a description of the vehicle or parts and correct identification number and license number of the vehicle, if available.

(L) Any interested party may appeal the decision of the Chief of Police or his designee by filing a written notice of appeal with the City Council within five days after his decision. Such appeal shall be heard by the City Council which may affirm, amend or reverse the order or take other action deemed appropriate. The Clerk shall give written notice of the time and place of the hearing to the appellant, to the owner of the land, and the owner of the vehicle. In conducting the hearing, the City Council shall not be limited to the technical rules of evidence.

(M) This section shall not apply to a vehicle or part 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; or a vehicle or part 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, or junk yard. (Cal. Veh. Code, § 22661) ('63 Code, § 3-10.12) (Ord. 542-C.S., passed 4-2-92)