10.36.090 Notice of intention to abate and remove—Form.

(A) A fifteen-day notice of intention to abate and remove the vehicle, or parts 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 owner of the vehicle on record, unless the vehicle is in such condition that identification numbers are not available to determine ownership. The 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 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 10.36 of the American Canyon Municipal Code, has determined that there exists upon said land an (or parts of) abandoned, wrecked, dismantled or inoperative vehicle registered to_________, license number _________, which constitutes a public nuisance pursuant to the provisions of Chapter 10.36 of the American Canyon Municipal Code.

You are hereby notified to abate said nuisance by the removal of said vehicle (or said parts of a vehicle) within fifteen (15) days from the date of the 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, will 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 fifteen (15) days after the mailing of this notice of intention, request a public hearing, and if such request is not received by the City Clerk of the City of American Canyon within such 15-day period, the designated officer 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 15-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) (Locally designated officer)

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/or legal owner of record of vehicle notice should be given to both if different).

As last registered and legal owner of record of (description of vehicle - make, model, license, etc.), you are hereby notified that the undersigned pursuant to Chapter 10.36 of the American Canyon 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 pursuant to Chapter 10.36 of the American Canyon Municipal Code.

You are hereby notified to abate said nuisance by the removal of said vehicle (or parts of a vehicle) within fifteen (15) days from the mailing of this notice. As registered and legal owner of record of said vehicle (or parts of a vehicle), you are hereby notified that you may, within fifteen (15) days after the mailing of this Notice of Intention request a public hearing and, if such request is not received by the City Clerk of the City of American Canyon within such fifteen (15) day period, the designated officer shall have the authority to abate and remove said vehicle (or parts of vehicle) without a hearing.

Notice Mailed: _______/S/____________

(Date) (Locally designated officer)

(B) A copy of the notice referred to in subsection (A) of this section shall also be posted on the vehicle proposed to be abated and on the property where the vehicle is located.

(1) The property owner and the owner of the vehicle have signed releases authorizing removal of the vehicle and waiving further interest in the vehicle or parts thereof; or

(2) All of the following conditions are satisfied:

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

(b) The vehicle or part thereof is valued at less than three hundred dollars by the police chief of the city or designee,

(c) The police chief or designee has determined that the vehicle or part thereof is a public nuisance presenting an immediate threat to the public health and safety,

(d) The property owner and record owner of the vehicle have signed a release authorizing the removal of the vehicle and waiving further interest in the vehicle or part thereof, or

(e) 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,

(f) If the vehicle or parts thereof are not claimed and removed from the scrapyard, auto dismantler's yard, or public disposal area within twelve days after the notice to dispose of vehicle is mailed by the city, final disposition may be proceed;

(3) If the vehicle is valued at less than three hundred dollars by the city's police chief or designee, and all of the requirements set forth in subsection (C)(2) of this section are not met, the vehicle may be disposed of pursuant to the procedures set forth in Sections 22851.2 through 22851.10 of the Vehicle Code.