§ 20-38. General powers of city council; notice of city council's decision  


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  • (a) The city council may impose such conditions and take such other action as it deems appropriate under the circumstances to carry out the purposes of this article. The city council may delay the time for removal of the vehicle, or part thereof, if, in its opinion, the circumstances justify it. At the conclusion of the public hearing, the city council may find that a vehicle, or part thereof, has been abandoned, wrecked, dismantled, or is inoperative on private or public property and order the same removed from the property as a public nuisance and disposed of as hereinafter provided and determine the administrative costs and the cost of removal to be charged against the responsible person. The order requiring removal shall include a description of the vehicle, or part thereof, and the correct identification number and license number of the vehicle, if available at the site.

    (b) If it is determined at the hearing that the vehicle, or part thereof, was placed without the consent of the owner of the property on which the vehicle is located, and that the property owner has not subsequently acquiesced to the vehicle's presence, the city council shall not assess the costs of administration or removal of the vehicle, or part thereof, against the property upon which the vehicle, or part thereof, is located or otherwise attempt to collect such costs from the owner of the property on which the vehicle is located.

    (c) If the owner of the property on which the vehicle is located submits a sworn written statement denying responsibility for the presence of the vehicle on his/her land but does not appear, or if an interested party makes a written presentation to the director but does not appear, he/she shall be notified in writing of the decision.

    (d) The city council's decision shall be final, and shall specify that any action to review its decision shall be commenced no later than the time period set forth in the California Code of Civil Procedure Sections 1094.5 and 1094.6.