The presence of vehicles which are parked or left standing upon a highway or street for seventy-two (72) or more consecutive hours, except as expressly hereinafter permitted, is declared to constitute a public nuisance which may be abated as such in accordance with the provisions of this chapter.

(Ord. 91-03 § 1 (part), 1991)

As used in this chapter:

"Highway" or "street" means a way or place of whatever nature, publicly maintained and open to the use of the public for purposes of vehicular travel.

"Owner of the vehicle" means the last registered owner and legal owner of record.

"Vehicle" means a device by which any personal property may be propelled, moved, or drawn upon a highway, except a device moved by human power or used exclusively upon stationary wheels or tracks.

(Ord. 91-03 § 1 (part), 1991)

This chapter shall not apply to:

A.

Abandoned, wrecked, dismantled or inoperative vehicles or parts thereof situate upon private property or public property not including highways;

B.

Vehicles which may be removed by an officer of the police department of the city of Nevada City under the provisions of Vehicle Code Section 22651, and any subsequent modification, additions, or amendments to said section or to its predecessor section of the Vehicle Code.

(Ord. 91-03 § 1 (part), 1991)

This chapter is not the exclusive regulation of abandoned, wrecked, dismantled or inoperative vehicles within the city. It shall be supplemental to and in addition to other regulatory codes, statutes, ordinances heretofore or hereinafter enacted by the city, the state, or any other legal entity or agency having jurisdiction.

(Ord. 91-03 § 1 (part), 1991)

Except as otherwise provided herein, the provisions of this chapter shall be administered and enforced by the chief of police and in the enforcement of this chapter such officer and his deputies may enter upon private or public property to examine a vehicle, or to obtain information as to the identity of the vehicle and to remove or cause the removal of the vehicle thereof declared to be a nuisance pursuant to this chapter.

(Ord. 91-03 § 1 (part), 1991)

In the event that the city council of the city of Nevada City contracts with or grants a franchise to any person or persons, such person or persons shall be authorized to enter upon private property or public property to remove or cause the removal of a vehicle thereof declared to be a nuisance pursuant to this chapter.

(Ord. 91-03 § 1 (part), 1991)

The city council may, from time to time, determine and fix an amount to be assessed as administrative costs, including the actual cost of removal of any vehicle (or parts thereof) under this chapter.

(Ord. 91-03 § 1 (part), 1991)

Upon discovering the existence of a vehicle left parked or standing upon a highway for seventy-two (72) or more consecutive hours, the chief of police shall have the authority to cause the removal thereof in accordance with the procedure prescribed herein.

(Ord. 91-03 § 1 (part), 1991)

A seventy-two (72) hour notice of intention to remove the vehicle as a public nuisance shall be mailed by registered or certified mail to the owner of the vehicle, unless the vehicle is in such condition that identification numbers are not available to determine ownership. Notices of intention shall be in substantially the following form:

NOTICE OF INTENTION TO REMOVE A VEHICLE PARKED OR LEFT

STANDING UPON A CITY HIGHWAY OR STREET

FOR 72 OR MORE CONSECUTIVE HOURS

(Name and address of owner of vehicle)

As registered or legal owner of record of the following vehicle ___________, license number ___________, you are hereby notified that the undersigned, pursuant to Ordinance No. ___________, has determined that said vehicle has been parked or left standing upon a city highway or street for seventy-two (72) or more consecutive hours, which constitutes a public nuisance pursuant to the provisions of said ordinance.

You are hereby notified to remove said vehicle within seventy-two (72) hours from date of mailing of this notice, and upon your failure to do so the vehicle will be removed by the City and stored, at your cost and expense, at the nearest garage.

(Ord. 91-03 § 1 (part), 1991)

Within seventy-two (72) hours after mailing of the notice to remove the vehicle parked or left standing on a city highway or street for seventy-two (72) or more consecutive hours, the vehicle shall be taken to the nearest garage or other place of safety where the vehicle shall be placed in storage.

(Ord. 91-03 § 1 (part), 1991)

Whenever an officer removes a vehicle and stores it pursuant to the provisions of this chapter, and the officer knows or is able to ascertain the name and address of the registered and legal owner thereof, the officer shall immediately give or cause to be given notice in writing to such registered and legal owner to the fact of such removal, the grounds therefor, and the place to which the vehicle has been removed. A copy of the notice shall be given to the proprietor of any garage to which the vehicle is removed.

(Ord. 91-03 § 1 (part), 1991)

The garage keeper shall have a lien dependent upon possession for his compensation for towage and for caring and safekeeping of such vehicle for a period not exceeding sixty (60) days, or, if an application for authorization to conduct a lien sale has been filed pursuant to Section 3071 of the Civil Code within thirty (30) days after removal of the vehicle to the garage, one hundred twenty (120) days; and if the vehicle is not recovered by the owner within such period or the owner is unknown, the keeper of the garage may satisfy his lien in the manner and after giving the notices required in Sections 3071 and 3072 of the Civil Code of the state of California. In the event that the vehicle is appraised at a value not exceeding two hundred dollars ($200.00) by a person authorized to make such appraisal, the keeper of the garage may, if the vehicle is not recovered by the owner within one hundred twenty (120) days when the owner is unknown, satisfy his lien as provided in Section 3073 of the Civil Code and Section 22705 of the Vehicle Code.

(Ord. 91-03 § 1 (part), 1991)

Whenever an officer causes a vehicle to be removed from a highway or street for storage under the provisions of this chapter but does not know and is not able to ascertain the name of the owner of the vehicle or is unable to give the notice to the owner as provided in Section 22852 of the Vehicle Code, and in the event that the vehicle is not returned to the owner within a period of one hundred twenty (120) hours, the officer shall immediately send or cause to be sent a written report of such removal by mail to the Department of Justice at Sacramento, and shall file a copy of the notice with the proprietor or keeper of any garage in which the vehicle may be stored.

(Ord. 91-03 § 1 (part), 1991)

The chief of police or his deputies shall follow, in removing any vehicle from a highway or street pursuant to the provisions of this chapter, provisions of Sections 22850 through 22855, inclusive, of the Vehicle Code, as such sections may be amended or modified or superceded by other relevant sections of the Vehicle Code or other codes of the State of California.

(Ord. 91-03 § 1 (part), 1991)