Woodside Municipal Code § 90.16 Notices of intention

Upon discovering the existence of an abandoned, wrecked, dismantled, or inoperative vehicle, or parts thereof, on private or public property within the Town, the Town Clerk shall have the authority to cause the abatement and removal thereof in accordance with the procedure set forth in this chapter.

(1975 Code, § 5-1.08) (Ord. 1971-228, effective - -71; Am. Ord. 1993-467, effective 2-9-93)

A ten-day notice of intention to abate and remove a vehicle, or parts thereof, as a public nuisance shall be mailed by registered mail to the owner of the land and to the owner of the vehicle, unless the vehicle is in such condition that identification numbers are not available to determine ownership. Such 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 the owner of the land)

As owner shown on the last equalized assessment roll of the land located at _______, you are hereby notified that the undersigned, pursuant to the provisions of Chapter 90 of the Woodside Municipal Code, has determined that there exists upon said land an (or parts of an) abandoned, wrecked, dismantled, or inoperative vehicle registered to license number _______, which constitutes a public nuisance pursuant to the provisions of Chapter 90 of the Woodside Municipal Code.

You are hereby notified to abate said nuisance by the removal of said vehicle (or said parts of a vehicle) within ten days after the date of the mailing of this notice, and, upon your failure to do so, the same will be abated and removed by the Town of Woodside, and the costs thereof, together with administrative costs, shall 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 ten days after the mailing of this notice of intention, request a public hearing, and, if such a request is not received by the Town Manager of the Town of Woodside within such ten-day period, the Town Manager of the Town of Woodside 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 ten-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 a 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 ________ (date) ______________________ Town Manager, Town of Woodside

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 the last registered and/or legal owner of record of the vehicle; notice should be given to both if different)

As last registered (and/or legal) owner of record of the following described vehicle (make, model, and license number), you are hereby notified that the undersigned, pursuant to the provisions of Chapter 90 of the Woodside Municipal Code, has determined that said vehicle (or parts of a vehicle) exists as an abandoned, wrecked, dismantled, or inoperative vehicle at (address of the property on which the vehicle is located) and constitutes a public nuisance pursuant to the provisions of Chapter 90 of the Woodside Municipal Code.

You are hereby notified to abate said nuisance by the removal of said vehicle (or said parts of a vehicle) with ten days from the date of the mailing of this notice.

As registered (and/or legal) owner of record of said vehicle (or said parts of a vehicle), you are hereby notified that you may, within ten days after the mailing of this notice of intention, request a public hearing, and, if such a request is not received by the Town Manager of the Town of Woodside within such ten-day period, the Town Manager of the Town of Woodside shall have the authority to abate and remove said vehicle (or said parts of a vehicle) without a hearing.

Notice mailed ________ (date) ______________________ Town Manager, Town of Woodside

(1975 Code, § 5-1.09) (Ord. 1971-228, effective - -71; Am. Ord. 1993-467, effective 2-9-93)

(A) Upon a request by the owner of the vehicle or the owner of the land received by the Town Manager within ten days after the mailing of the notices of intention to abate and remove, a public hearing shall be held by the Council on the question of the abatement and removal of the vehicle, or parts thereof, as an abandoned, wrecked, dismantled, or inoperative vehicle and the assessment of the administrative costs and the costs of the removal of the vehicle, or parts thereof, against the property on which the vehicle, or parts thereof, is located.

(B) If the owner of the land submits a sworn written statement denying responsibility for the presence of the vehicle on his/her land within such ten-day period, such statement shall be construed as a request for a hearing which does not require his/her presence. Notice of the hearing shall be mailed by registered mail at least ten days before the hearing to the owner of the land and to the owner of the vehicle, unless the vehicle is in such condition that identification numbers are not available to determine ownership. If such a request for a hearing is not received within ten days after the mailing of the notice of intention to abate and remove, the Town shall have the authority to abate and remove the vehicle, or parts thereof, as a public nuisance without holding a public hearing.

(C) All hearings requested by the owners of the vehicles or the owners of the land, as set forth in Section 90.16 and divisions (A) and (B) of this section, shall be held before the Council which shall hear all facts and testimony it deems pertinent. Such facts and testimony may include testimony on the condition of the vehicle or parts thereof, and the circumstances concerning its location on private or public property. The Council shall not be limited by the technical rules of evidence. The owner of the land may appear in person at the hearing, or present a sworn written statement in time for consideration at the hearing, and deny responsibility for the presence of the vehicle on the land, with his/her reasons for such denial.

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

(E) If it is determined at the hearing that the vehicle was placed on the land without the consent of the owner of the land and that he/she has not subsequently consented to the presence of the vehicle on his/her land, the Council shall not assess the 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 owner of the land.

(F) If the owner of the land submits a sworn written statement denying responsibility for the presence of the vehicle on his/her land but does not appear, or if an interested party makes a written presentation to the Council but does not appear, such owner of the land or interested person shall be notified in writing of the decision. The decision of the Council shall be final.

(1975 Code, §§ 5-1.10, 5-1.11) (Ord. 1971-228, effective - -71)

(A) Five days after the adoption of the order declaring the vehicle, or parts thereof, to be a public nuisance, or five days after the date of the mailing of the notice of the decision, if such a notice is required by the provisions of Section 90.17(C) through (F), 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.

(1975 Code, § 5-1.12)

(B) Within five days after the date of the removal of the vehicle, or parts thereof, notice shall be given to the Department of Motor Vehicles of the State identifying the vehicle, or parts thereof, removed. Notice shall also be sent immediately to the Stolen Vehicle System of the Department of Justice in Sacramento, California. At the same time there shall be transmitted to the Department of Motor Vehicles of the State any evidence of registration available, including registration certificates, certificates of title, and license plates.

(1975 Code, § 5-1.13) (Ord. 1971-228, effective - -71; Am. Ord. 1993-467, effective 2-9-93)