A. The building director of the city is designated as the person responsible for administration of this program.

B. Prior to removal of an abandoned or junk vehicle or part thereof located upon any property, the building director shall issue a ten-day notice of intention to abate and remove the vehicle or part thereof as a public nuisance unless the property owner and owner of the vehicle have signed releases authorizing removal and waiving further interest in the vehicle or part thereof.

C. For property zoned for agricultural use or not improved with a residential structure, no such notice of intention shall be required for removal of a vehicle or part thereof which is inoperable due to the absence of a motor, transmission, or wheels and incapable of being towed, is valued at less than two hundred dollars by a person specified in Section 22855 of the California Vehicle Code, and is determined by the building director to be a public nuisance presenting an immediate threat to public health or safety; provided, that the property owner has signed a release authorizing removal and waiving further interest in the vehicle or part thereof. Prior to final disposition under Section 22662 of the California Vehicle Code of such a low-valued vehicle or part for which evidence of registration was recovered, the building director shall provide notice to the registered and legal owners of intent to dispose of the vehicle or part, and if the vehicle or part is not claimed and removed within twelve days after the notice is mailed, from a location specified in said Section 22662, final disposition may proceed. Neither the city nor any contractor of the city shall be liable for damage caused to a vehicle or part thereof by removal pursuant to this section.

D. The ten-day notice of intention to abate and remove a vehicle or part thereof, when required by this section, 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 written 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.

E. A public hearing shall be held before the building director upon request for such a hearing by the owner of the vehicle or the owner of the land on which such vehicle is located. This request shall be made to the building director within ten days after the mailing of notice of intention to abate and remove the vehicle or at the time of signing a release pursuant to subsection B of this section. 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 a request is not received within such period, the building director shall have the authority to remove the vehicle.

F. After a vehicle has been removed, it shall not be reconstructed or made operable, unless it is a vehicle which qualifies for either horseless carriage license plates or historical vehicle license plates, pursuant to Section 5004 of the California Vehicle Code, in which case the vehicle may be reconstructed or made operable.

G. 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 the land, with his reasons 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 city 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.

H. The building director shall give notice to the Department of Motor Vehicles within five days after the date of a removal, identifying the vehicle or part thereof and any evidence of registration available, including, but not limited to, the registration card, certificates of ownership, or license plates. (Ord. 3187 § 1, 1988)