§ 10-613. INOPERATIVE, WRECKED, DISMANTLED OR ABANDONED VEHICLES.

The following provisions shall apply only to the removal of inoperative, wrecked, dismantled or abandoned vehicles, or any part thereof.

(a)

If, after inspection, it is determined that there exists an inoperative, wrecked, dismantled or abandoned vehicle in violation of this article, the Director may issue a notice and order to remove the vehicle or part as a public nuisance. The notice and order shall contain the following:

(1)

Identification of the property upon which the vehicle(s) is/are located, along with a description of the vehicle(s) or part thereof.

(2)

A statement advising the property owner and the registered and legal owner of the vehicle of the right to request a hearing within fifteen (15) days of the mailing of the notice and order. If a request for hearing is not made within the time provided, the city shall have authority to remove the vehicle(s) or part. The property owner may appear in person or submit a sworn statement denying responsibility for the presence of the violation or part, and explain the reasons for such denial. If the property owner submits that statement within fifteen (15) days of the mailing of the notice and order, the statement shall be construed as an appeal which does not require the presence of such property owner.

(3)

Service of the notice and order shall be mailed registered or certified mail to the owner of the land as shown on the last equalized assessment rule and to the last registered and legal owner of record unless the vehicle is in such condition that identification numbers are not available to determine ownership.

(4)

A notice and order need not be served if both the owner of the property and the owner of the vehicle or part sign a release authorizing the removal of the vehicle or part and waiving further interest in the vehicle or part.

(b)

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

(c)

If a hearing is held and it is determined that the vehicle was placed on the land without the consent of the landowner and that he or she has not subsequently acquiesced to 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 those costs from the owner.

(d)

Administration of this ordinance shall be by regularly salaried full-time employees of the city, except that the removal of vehicles or parts thereof from the property may be by any other duly authorized person.

(e)

Any person authorized by this article to enforce this article may enter upon private property in accordance with Section 10-604(b), for the purposes specified in this article to examine a vehicle or part thereof, obtain information as to the identity of a vehicle, and remove or cause the removal of a vehicle or part thereof declared to be a public nuisance pursuant to this article. The city or its authorized representatives shall not be liable for damage caused to a vehicle or part thereof by removal pursuant to this article.

(f)

Within five (5) days of the removal of such inoperative or abandoned vehicle or part, the city shall notify the Department of Motor Vehicles of the State of California 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.

(g)

This article is not the exclusive regulation of abandoned, wrecked, dismantled or inoperative vehicles with the City of Fresno. It shall supplement and be an addition to the other regulatory codes, statutes and ordinances enacted by the City of Fresno, State of California, or any other legal entity or agency having jurisdiction.

(h)

A vehicle is deemed "inoperative" if the vehicle is (1) mechanically incapable of being driven; or (2) prohibited from being operated on a public street or highway pursuant to Vehicle Code Sections 4000, 5002, 24002, or 40001, concerning license plates, registration, equipment, safety and related matters.

(Added Ord. 97-77, § 2, eff. 1-29-98).