South Lake Tahoe Municipal Code Art. II Proceedings for Removal

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 enforcement officer shall have the authority to cause the abatement and removal thereof in accordance with the procedure prescribed herein.

(Ord. 290 § 5; Code 1997 § 17-23)

Upon filing his report, the enforcement officer shall mail by certified mail a 10-day notice of intention to abate and remove the vehicle, or parts thereof, as a public nuisance to the owner of the land and/or to the owner of the vehicle, unless the vehicle is in such condition that identification numbers are not available to determine ownership.

All vehicles will be physically tagged with 10-day towing notices of intent to abate said vehicles.

(Ord. 290 § 5; Ord. 331 § 1; Ord. 811 § 4; Code 1997 § 17-24)

The 10-day notice of intention to abate and remove a vehicle or part thereof, when required, shall contain a statement of the 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 may appear in person at a hearing or may submit a sworn statement denying responsibility for the presence of the vehicle on the land, with his reasons 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 identification numbers are not available to determine ownership.

Upon request for such a hearing by the owner of the vehicle or the owner of the land on which such vehicle is located, a public hearing shall be held before the city manager or his designee. This request shall be made to the city manager within 10 days after the mailing of notice of intention to abate and remove the vehicle or at the time of signing a release pursuant to Subdivision (C), Section 22661, California Vehicle Code. 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 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. If such request is not received within such period, the appropriate public body, agency, or officer shall have the authority to remove the vehicle.

If the city does not charge and collect a fee from the property and/or vehicle owner for the removal of the vehicle, this section shall not apply.

(Ord. 290 § 5; Ord. 811 § 5; Code 1997 § 17-25)

The owner of the land on which the vehicle is located may appear in person at the hearing or present a sworn written statement denying responsibility for the presence of the vehicle on his land, with his reason for such denial. If it is determined at the hearing that the vehicle was placed on the land without the consent of the landowner and that he 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 upon which the vehicle is located or otherwise attempt to collect such cost from such owner.

If the city does not charge and collect a fee from the property and/or vehicle owner for the removal of the vehicle, this section shall not apply.

(Ord. 290 § 5; Ord. 811 § 5; Code 1997 § 17-26)

Five days after adoption of the order declaring the vehicle or parts thereof to be a public nuisance, or five days from the date of mailing of notice of the decision if such notice is required by the preceding section, the vehicle or parts thereof may be disposed of by removal to a scrapyard or automobile dismantler's yard. After a vehicle has been removed it shall not thereafter be reconstructed or made operable.

(Ord. 290 § 5; Code 1997 § 17-27)

Within five days after the date of removal of the vehicle or parts thereof, notice shall be given to the Department of Motor Vehicles identifying the vehicle or parts thereof removed. At the same time there shall be transmitted to the Department of Motor Vehicles any evidence of registration available, including registration certificates, certificates of title and license plates.

(Ord. 290 § 5; Code 1997 § 17-28)

Cost of removal and administrative costs which are imposed against the owner of property either because of a failure to request a hearing or after a hearing shall be assessed against the property pursuant to Section 38773.5 of the Government Code of the state and shall be transmitted to the county tax collector for collection. Such assessment shall have the same priority as other taxes of the city.

If the city does not charge and collect a fee from the property and/or vehicle owner for removal of the vehicle, this section shall not apply.

(Ord. 290 § 5; Ord. 811 § 6; Code 1997 § 17-29)

Costs of removal and administrative costs are a debt to the city from the owner of the vehicle and may be enforced as such in any court of competent jurisdiction.

If the city does not charge and collect a fee from the property and/or vehicle owner for removal of the vehicle, this section shall not apply.

(Ord. 290 § 5; Ord. 811 § 7; Code 1997 § 17-30)