Title 10 VEHICLES AND TRAFFIC
Chapter 10.16 ABANDONED, WRECKED, DISMANTLED OR INOPERATIVE VEHICLES
10.16.100 Abatement--Hearing and notice thereof.
A. In the event the city's enforcement officers, as defined in Section
10.16.060 hereof, determine(s) that a vehicle is a public nuisance as described
in Section 10.16.020 of this code, a letter will be sent by registered or
certified mail to both the property owner as shown on the last equalized
assessment roll (if the vehicle is located on private property) and the vehicle
owner listed on the vehicle registration (if registration tags or a vehicle
identification number is plainly visible) stating that the vehicle is a public
nuisance and will be abated and removed at the owner's expense if it is not
removed within ten days of the posted date of the letter. Within ten days of the
posted date of the letter, the property owner and/or the vehicle owner may
request a public hearing on whether the vehicle constitutes a public nuisance as
described in Section 10.16.020. If such a hearing is timely requested, a public
hearing shall be held on the question of abatement and removal of a vehicle or
part thereof as an abandoned, wrecked, dismantled or inoperative vehicle and the
assessment of the administrative costs and the cost of removal of the vehicle or
part thereof against the property on which it is located.
B. Notice of the
date and time of the hearing shall be mailed at least ten days before the
hearing to the owner of the land on which the vehicle is located as shown on the
last equalized assessment roll and to the last registered and legal owner of
record of the vehicle unless the vehicle is in such a condition that the
identification numbers are not available to determine ownership. If any of the
foregoing notices are returned undeliverable by the United States Post Office,
the hearing shall be continued to a date not less than ten days from the date of
such return from the post office. The notice shall state the city's intention to
abate and remove the vehicle or part thereof as a public nuisance, and that the
owner of land on which the vehicle is located and the owner of the vehicle may
appear in person at the hearing to contest the determination that the vehicle
constitutes an inoperable or abandoned vehicle and is therefore a public
nuisance. The owner of land on which the vehicle is located may also appear in
person at the hearing or present a sworn written statement denying
responsibility for the presence of the vehicle on the land and his or her
reasons for the denial. The notice shall also state that all costs for
abatement, including administrative costs associated with the hearing, are
chargeable against the owner of the land on which the vehicle is located. The
notice shall further inform the owner of the vehicle and the owner of the land
on which the vehicle is located that it is a criminal violation for any person
to fail or refuse to remove an abandoned, wrecked, dismantled or inoperative
vehicle or part thereof or refuse to abate a public nuisance when ordered to do
so in accordance with the abatement provisions of this chapter.
C. The
foregoing notices of intention may be in the form(s) substantially similar to
the following:
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 owner of the land)
As
owner shown on the last equalized assessment roll of the land located at
(address), you are hereby notified that the undersigned, pursuant to Chapter
10.16 of the Lawndale 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 and a criminal violation pursuant to
the Provisions of Chapter 10.16 of said Code.
You are hereby notified to
abate said nuisance by the removal of said vehicle (or said parts of a vehicle)
within 10 days from the date of mailing of this notice, and upon your failure to
do so the same will be abated and removed by the City and the costs thereof,
together with
administrative costs, 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 10 days after
the mailing of this notice of intention, request a public hearing and if such a
request is not received by the Municipal Services Manager within such 10-day
period, the Municipal Services Manager 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 10-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 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 s/
(date)
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 last registered and legal owner of
record of vehicle-notice should be given to both if different)
As last
registered and legal owner of the record of (description of vehicle -- make,
model, and license), you are hereby notified that the undersigned pursuant to
Chapter 10.16 of the "Lawndale Municipal Code" has determined that said vehicle
(or parts of a vehicle) exists as an abandoned, wrecked, dismantled or
inoperative vehicle at (describe location on public or private property) and
constitutes a public nuisance and a criminal violation pursuant to the
provisions of Chapter 10.16 of said Code.
You are hereby notified to
abate said nuisance by the removal of said vehicle (or said parts of a vehicle)
within 10 days from the date of mailing of this notice.
As registered
and legal owner of record of said vehicle (or said parts of a vehicle), you are
hereby notified that you may, within 10 days after the mailing of this notice of
intention, request a public hearing and if such a request is not received by the
Municipal Services Manager within such 10-day period, the Municipal Services
Manager shall have the authority to abate and remove said vehicle (or said parts
of a vehicle) without a hearing.
Notice mailed s/
(date)
(Ord. 824-97 § 2 (part))
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