§ 5-2.09. Abatement and removal: Notices of intention.

A ten (10) day notice of intention to abate and remove a vehicle, or parts thereof, as a public nuisance shall be mailed by registered or certified mail to both the owner of the land and the owner of the vehicle, unless any of the following circumstances exists:

(a)

The vehicle is in such condition that identification numbers are not available to determine ownership, or the owner of the vehicle cannot be determined from Department of Motor Vehicles records, in either case notice shall be sent to the owner of the land; or

(b)

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

(c)

The vehicle, or parts thereof, (1) is located upon a parcel which is either zoned for agricultural use or is not improved with a residential structure containing one or more dwelling units; (2) is inoperable due to the absence of a motor, transmission, or wheels and is incapable of being towed; (3) is valued at less than Two Hundred and no/100ths ($200.00) Dollars by the Chief of Police; (4) is determined by the Chief of Police to be a public nuisance presenting an immediate threat to the public health and safety; and (5) the property owner has signed a release authorizing the removal and waiving interest in the vehicle, or parts thereof. Prior to final disposition pursuant to Section 5-2.13 of this chapter of such a low valued vehicle or part for which evidence of registration was recovered, the City shall provide notice to the registered and legal owners of the intent to dispose of the vehicle or part, and if the vehicle or part is not claimed and removed within twelve (12) days after the notice is mailed, final disposition may proceed. Neither the City nor any contractor thereof shall be liable for damages caused to a vehicle, or parts thereof, by removal pursuant to this section.

Should a ten (10) day notice of intention to abate be required, such 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 the owner of the land)

 As owner shown on the last equalized assessment roll of the land located at ____________ , you are hereby notified that the undersigned, pursuant to the provisions of Chapter 2 of Title 5 of the Simi Valley Municipal Code, has determined that there exists upon said land an (or parts thereof) abandoned, wrecked, dismantled, or inoperative vehicle registered to ____________ , license number ____________ , which constitutes a public nuisance pursuant to the provisions of Chapter 2 of Title 5 of the Simi Valley Municipal Code.

 You are hereby notified to abate said nuisance by the removal of said vehicle (or said parts of a vehicle) within ten (10) 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 of Simi Valley, and the costs thereof, together with administrative costs, shall 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 ten (10) days after the mailing of this notice of intention, request a public hearing, and, if such a request is not received by the City Manager of the City of Simi Valley within such ten (10) day period, the City 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 ten (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 a 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 ____________

(date)  s/ _____
Chief of Police,
City of Simi Valley

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 the last registered and/or legal owner of record of the vehicle; notice should be given to both if different)

 As last registered (and/or legal) owner of record of the following described vehicle (make, model, and license number), you are hereby notified that the undersigned, pursuant to the provisions of Chapter 2 of Title 5 of the Simi Valley Municipal Code, has determined that said vehicle (or parts of a vehicle) exists as an abandoned, wrecked, dismantled, or inoperative vehicle at ____________ (address of the property on which the vehicle is located) and constitutes a public nuisance pursuant to the provisions of Chapter 2 of Title 5 of the Simi Valley Municipal Code.

 You are hereby notified to abate said nuisance by the removal of said vehicle (or said parts of a vehicle) within ten (10) days from the date of the mailing of this notice.

 As registered (and/or legal) owner of record of said vehicle (or said parts of a vehicle), you are hereby notified that you may, within ten (10) days after the mailing of this notice of intention, request a public hearing, and, if such a request is not received by the City Manager of the City of Simi Valley within such ten (10) day period, the City shall have the authority to abate and remove said vehicle (or said parts of a vehicle) without a hearing.

 Notice mailed ____________

(date)  s/ _____
Chief of Police,
City of Simi Valley

 

(§ 1, Ord. 623, eff. February 5, 1986, as amended by §§ 11—15, Ord. 962, eff. 11-19-99)