CHAPTER 14A. NUISANCES.
Article IV. Abandoned, Wrecked, Dismantled or Inoperative Motor Vehicles.
Sec. 14A-4-7. Decision.
(a) If it is shown by the evidence that the condition of the vehicle(s) or
parts thereof constitute a violation of this chapter, the decision of the
hearing officer shall be in writing and shall contain findings of fact and a
determination of the issues presented. The hearing officer shall issue an order
that the vehicle(s) or parts thereof are a public nuisance and direct the owner
to abate the nuisance, and that if the nuisance is not abated, it may be abated
by the city in such manner as may be ordered by the community development
director and the expense thereof may be made a lien on the property
involved,unless the hearing officer has found that the owner of the premises is
not responsible for the presence of the vehicle(s) or parts thereof on his
property. The order shall identify the abandoned, wrecked, dismantled or
inoperative vehicle(s) or parts there to be abated. The order shall require that
abatement of the nuisance be physically completed five days after issuance of
the order or, in the alternative, within such time as the community development
director shall determine to be reasonable under all of the
circumstances.
(b) The decision shall also inform the requesting party that
the time for application for judicial review is governed by California Code of
Civil Procedure Section 1094.6. Copies of the decision shall be forthwith
delivered to the parties personally or sent to them by certified mail. The
decision shall be final when signed by the hearing officer and served as
provided in this section, except an appeal may be sought as provided in this
section.
(c) An appeals process may be instituted as governed in Section
14A-2-3.
(d) In the event the hearing officer finds, pursuant to a sworn
statement of the owner of any premises or otherwise, that a vehicle which is
ordered abated was placed on the premises without the consent of the owner, who
did not later acquiesce to its presence on such premises, then the hearing
officer shall certify its findings to the community development director, who
shall not allocate the cost of the removal of such vehicle to the owner of the
premises in his or her report filed with the clerk. (Ord. No. 1215, § 4
(part).)
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