Chapter 8.24
ABANDONED AND INOPERATIVE VEHICLES
Sections:
8.24.020 Findings—Abatement of nuisances.
8.24.030 Exemptions to provisions.
8.24.040 Administration and enforcement.
8.24.050 Abatement—Police chief authority.
8.24.060 Abatement—Authorized on private property when.
8.24.070 Notice to abate—Contents.
8.24.080 Abatement hearing—Held when.
8.24.090 Abatement hearing—City council authority.
8.24.100 Disposal of removed vehicles.
8.24.110 Notice to State Department of Motor Vehicles.
8.24.120 Administrative costs—Set by council.
8.24.130 Costs levied against owner.
8.24.140 Chapter provisions not exclusive.
8.24.010 Definitions.
As used. in this chapter.
“Highway” means a way or place of whatever nature, publicly maintained and open to the use of the public for purposes of vehicular travel. Highway includes street.
“Owner of the land” means the owner of the land on which the vehicle, or parts thereof, is located, as shown on the last equalized assessment roll.
“Owner of the vehicle” means the last registered owner and legal owner of record.
“Vehicle” means a device by which any person or property may be propelled, moved, or drawn upon a highway, except a device moved by human power or used exclusively upon stationary rails or tracks. (Ord. 291 N.S. § 1 (part), 1971)
8.24.020 Findings—Abatement of nuisances.
A. In addition to and in accordance with the determination made and the authority granted by the state of California under Section 22660 of the Vehicle Code to remove abandoned, wrecked, dismantled or inoperative vehicles or parts thereof as public nuisance, the city council makes the following findings and declarations. The accumulation and storage of abandoned, wrecked, dismantled, or inoperative vehicles or parts thereof on private or public property not including highways is hereby found:
1. To create a condition tending to reduce the value of private property;
2. To promote blight and deterioration;
3. To invite plundering;
4. To create fire hazards;
5. To constitute an attractive nuisance creating a hazard to the health and safety to minors;
6. To create a harborage for rodents and insects and to be injurious to the health, safety and general welfare.
B. Therefore, the presence of an abandoned, wrecked, dismantled or inoperative vehicle or parts thereof, on private or public property not including highways, except as expressly hereinafter permitted, is hereby declared to constitute a public nuisance which may be abated as such in accordance with the provisions of this chapter. (Ord. 291 N.S. § 1 (part), 1971)
8.24.030 Exemptions to provisions.
A. This chapter shall not apply to:
1. A vehicle, or parts thereof, which is completely enclosed within a building in a lawful manner where it is not visible from the street or other public or private property; or
2. A vehicle, or parts thereof, which is stored or parked in a lawful manner on private property in connection with the business of a licensed dismantler, licensed vehicle dealer, a junk dealer, or when such storage or parking is necessary to the operation of a lawfully conducted business or commercial enterprise.
B. Nothing in this section shall authorize the maintenance of a public or private nuisance as defined under the provisions of law other than Chapter 10 (commencing with Section 22650) of Division 11 of the Vehicle Code and this chapter. (Ord. 291 N.S. § 2, 1971)
8.24.040 Administration and enforcement.
Except as otherwise provided herein, the provisions of this chapter shall be administered and enforced by the chief of police. In the enforcement of this chapter such officer and his deputies may enter upon private or public property to examine a vehicle or parts thereof, or obtain information as to the identity of a vehicle and to remove or cause the removal of a vehicle or parts thereof declared to be a nuisance pursuant to this chapter. (Ord. 291 N.S. § 4, 1971)
8.24.050 Abatement—Police chief authority.
Upon discovering the existence of an abandoned, wrecked, dismantled, or inoperative vehicle, or parts thereof, on private property or public property within the city, the chief of police shall have the authority to cause the abatement and removal thereof in accordance with the procedure prescribed herein. (Ord. 291 N.S. § 7, 1971)
8.24.060 Abatement—Authorized on private property when.
When the city council has contracted with or granted 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 or parts thereof declared to be a nuisance pursuant to this chapter. (Ord. 291 N.S. § 5, 1971)
8.24.070 Notice to abate—Contents.
A ten-day notice of intention to abate and remove the vehicle, or parts thereof, as a public nuisance shall be mailed by registered mail to the owner of the land and to the owner of the vehicle, unless the vehicle is in such condition that identification numbers are not available to determine ownership. The 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 owner of the land)
As owner shown on the last equalized assessment roll of the land located at (address), you are hereby notified that the undersigned pursuant to (section of ordinance or municipal code) has determined that there exists upon said land an (or parts of an) abandoned, wrecked, dismantled or inoperative vehicle registered to, license number_____, which constitutes a public nuisance pursuant to the provisions of (ordinance or municipal code chapter number).
You are hereby notified to abate said nuisance by the removal of said vehicle (or said parts of a vehicle) within 10 days from the date of mailing of this notice, and upon your failure to do so the same will be abated and removed by the City and the costs thereof, together with administrative costs, 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 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 Council within such 10-day period, the Chief of Police 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 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 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)
(Ord. 291 N.S. § 8, 1971)
8.24.080 Abatement hearing—Held when.
A. Upon request by the owner of the vehicle or owner of the land received by the chief of police within ten days after the mailing of the notice of intention to abate and remove, a public hearing shall be held by the city council on the question of abatement and removal of the vehicle or parts thereof as an abandoned, wrecked, dismantled or inoperative vehicle, and the assessment of the administrative costs and the cost of removal of the vehicle or parts thereof against the property on which it is located.
B. If the owner of the land submits a sworn written statement denying responsibility for the presence of the vehicle on his land within such ten-day period, the statement shall be construed as a request for a hearing which does not require his presence.
C. Notice of the hearing shall be mailed, by registered mail, at least ten days before the hearing to the owner of the land and to the owner of the vehicle, unless the vehicle is in such condition that identification numbers are not available to determine ownership.
D. If such a request for hearing is not received within the ten days after mailing of the notice of intention to abate and remove, the city shall have the authority to abate and remove the vehicle or parts thereof as a public nuisance without holding a public hearing. (Ord. 291 N.S. § 9, 1971)
8.24.090 Abatement hearing—City council authority.
A. All hearings under this chapter shall be held before the city council which shall hear all facts and testimony it deems pertinent.
B. The facts and testimony may include testimony on the condition of the vehicle or parts thereof and the circumstances concerning its location on the said public or private property.
C. The owner of the land on which the vehicle is located may appear in person at the hearing or present a sworn, written statement denying responsibility for the presence of the vehicle on the land with his or her reasons for the denial. If it is determined at the hearing 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 council 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 (California Vehicle Code 22661g).
D. The city council shall not be limited by the technical rules of evidence. (Ord. 493-95 § 1, 1995: Ord. 291 N.S. § 10, 1971)
8.24.100 Disposal of removed vehicles.
Five days after adoption of the order declaring the vehicle or parts thereof to be a public nuisance, five days from the date of mailing of notice of the decision if such notice is required by Section 8.24.090, or fifteen days after such action of the governing body authorizing removal following appeal, the vehicle or parts thereof may be disposed of by removal to a scrapyard or automobile dismantle yard.
After a vehicle has been removed it shall not thereafter be reconstructed or made operable; unless it is a vehicle that qualifies for either horseless carriage license plates or historical vehicle plates pursuant to California Vehicle Code Section 5004, in which case the vehicle may be reconstructed or made operable. (Ord. 493-95 § 2, 1995: Ord. 291 N.S. § 11, 1971)
8.24.110 Notice to State Department of Motor Vehicles.
Within five days after the date of removal of the vehicle or parts thereof, notice shall be given to the Department of Motor Vehicles identifying the vehicle or parts thereof removed. At the same time there shall be transmitted to the Department of Motor Vehicles any evidence of registration available, including registration certificates, certificates of title and license plates. (Ord. 291 N.S. § 12, 1971)
8.24.120 Administrative costs—Set by council.
The city council shall from time to time determine and fix an amount to be assessed as administrative costs, excluding the actual cost of removal of any vehicle or parts thereof, under this chapter. The cost of administration may be set as a fixed sum per removal, or as a percentage of the actual cost of removal. (Ord. 291 N.S. § 6, 1971)
8.24.130 Costs levied against owner.
If the administrative costs and the cost of removal which are charged against the owner of a parcel of land pursuant to Section 8.24.090 are not paid within thirty days of the date of the order, or the final disposition of an appeal therefrom, such costs shall be assessed against the parcel of land pursuant to Section 38773.5 of the Government Code and shall be transmitted to the tax collector for collection. The assessment shall have the same priority as other city taxes. (Ord. 291 N.S. § 13, 1971)
8.24.140 Chapter provisions not exclusive.
This chapter is not the exclusive regulation of abandoned, wrecked, dismantled or inoperative vehicles within the city. It shall supplement and be in addition to the other regulatory codes, statutes, and ordinances heretofore or hereafter enacted by the city, the state, or any other legal entity or agency having jurisdiction. (Ord. 291 N.S. § 3, 1971)