§ 14-64. Notice to abate public nuisance.

(a)

When the Director of Development Services or designated representative(s), determines pursuant to an inspection of the property, that conditions existing on the premises constituting a violation of the provisions of this Article are the result of the existence on such premises of any abandoned, wrecked, dismantled or inoperative vehicle, or parts thereof, the Director may issue a fifteen (15) day notice of intention to abate and remove the vehicle, or parts thereof, as a public nuisance. The notice shall be mailed by registered or certified mail, with return receipt, 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. This notice shall contain:

(1)

The street address and such other description as is required to identify the premises on which the vehicle or parts thereof are located;

(2)

The identity of the vehicle or parts thereof to be abated;

(3)

A statement that the Director of Development Services has found the vehicle or parts thereof to be a public nuisance as specified in this Article with a reference to the applicable section hereof, and to other sections of the County Code, if applicable, including sufficient detail to provide the owner with information as to the conditions constituting the alleged nuisance;

(4)

A statement of the action required to be taken as determined by the Director of Development Services, and that such action is to be completed within ten (10) days after the mailing of the notice;

(5)

A statement providing for a hearing by the hearing examiner upon written request to the Director of Development Services by the owner of the premises on which the vehicle or parts thereof is located or by the owner of the vehicle or parts thereof within ten (10) days after the mailing of the notice.

(b)

The notice shall be sent certified mail, postage prepaid, to the owner of the premises as shown on the latest equalized assessment roll of the county using such address as may be shown by such assessment roll or such other address as may be known by the Director of Development Services and to the last registered and legal owner of record of the vehicle unless the vehicle or parts thereof are in such condition that identification numbers are not available to determine ownership. The failure of the Director of Development Services to serve any person required in this article to be served shall not invalidate any proceedings hereunder as to any other person duly served or relieve any such person duly served from any duty or obligation imposed on him by the provisions of this Article.

(c)

Upon issuance of the notice, the Director of Development Services may provide additional notice by posting a copy thereof conspicuously on the vehicle or parts to be abated.

(d)

Provided, however, a notice of intention to abate shall not be required if: (1) the property owner and the owner of the vehicle have signed releases authorizing removal and waive further interest in the vehicle or part thereof, or (2) all of the following conditions are satisfied:

(1)

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

(2)

The vehicle or part thereof is valued at less than two hundred dollars ($200.00) by a person specified in vehicle code section 22855;

(3)

The Director of Development Services 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 or part thereof is located upon a parcel that is either zoned for agricultural use or is not improved with a residential structure.

If a vehicle is removed pursuant to subdivision (2), prior to final disposition, the registered and legal owner shall be notified by the Director of Development Services of the intent to dispose of the vehicle or part thereof. If the vehicle or part is then 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, disposition may proceed without further notice or administrative proceedings. Neither the county nor its contractor shall be liable for damage to a vehicle or part thereof caused by removal pursuant to this subsection.

(e)

The Director of Development Services and his/her designees are designated vehicle appraisal officers, pursuant to Vehicle Code Sections 22669(a) and 22855, for the purposes set forth in the Vehicle Code, Division 11, Chapter 10, entitled "Removal of Parked and Abandoned Vehicles," commencing with Section 22650.

(Ord. No. 3824, § 3, 7-23-2002; Ord. No. 3873, § 1, 3-23-2004)