§ 10.04.070. Notice of intention to abate.

A notice of intention to abate and remove the vehicle or part 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 owners of record unless the vehicle is in such condition that identification numbers are not available to determine ownership. The notice 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 reasons for such denial, in lieu of appearing.

A notice of intention to abate shall not be required if:

A.

The property owner and the owner of the vehicle have signed releases authorizing removal and waiving further interest in the vehicle or part thereof; or

B.

All the following conditions are satisfied:

1.

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

2.

The vehicle or part thereof is valued at less than two hundred dollars ($200.00) by the code enforcement director or his or her designee;

3.

The code enforcement department has determined that the vehicle or part thereof is a public nuisance presenting an immediate threat to public health or safety;

4.

The property owner has signed a release authorizing the removal and waiving further interest in the vehicle or part thereof; and

5.

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.

If a vehicle is removed pursuant to subsection B of this section, prior to final disposition, the registered or legal owner shall be notified of the intent to dispose of the vehicle or part thereof. If the vehicle or part thereof is not claimed and removed from the scrapyard, automobile dismantler's yard or public disposal area within twelve (12) days after the notice to dispose of vehicle is mailed, final disposition may proceed.

(Ord. 520.7 §§ 5, 6, 10 (part), 2008; Ord. 520.6 § 7, 1993)