Chapter 10.16
ABANDONED VEHICLES*
Sections:
10.16.040 Nonexclusive remedy.
10.16.050 Enforcement by director of planning.
10.16.060 Franchise granted--Right to remove vehicle.
10.16.070 City council--Assessment determination.
10.16.130 Property owner not liable--When.
10.16.150 Removal to scrapyard.
10.16.160 Identification notice to Department of Motor Vehicles.
10.16.170 unpaid costs assessed as tax.
10.16.180 Abandoning vehicles generally--Prohibited.
10.16.190 Failure to abate nuisance deemed unlawful.
* For statutory provisions authorizing cities to provide by ordinance for the abatement and removal of abandoned vehicles, see Vehicle Code §22660.
10.16.010 Definitions.
A. "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. "Public property" does not include "highway."
B. "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. 131 §1(part), 1973).
10.16.020 Findings.
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 nuisances, the city council of the city hereby makes the following findings and declarations:
A. The accumulation and storage of abandoned, wrecked, dismantled, or inoperative vehicles or parts thereof on private or public property, not including highways, is 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 of 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 part 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. 131 §1(part), 1973).
10.16.030 Exclusions.
This chapter shall not apply to:
A. A vehicle or part 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.
B. A vehicle or part 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. Nothing in this section shall authorize the maintenance of a public or private nuisance as defined under provisions of the law other than Chapter 10 (commencing with Section 22650) of Division 11 of the Vehicle Code and this chapter. (Ord. 131 §2, 1973).
10.16.040 Nonexclusive remedy.
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. 131 §3, 1973).
10.16.050 Enforcement by director of planning:
Except as otherwise provided herein, the provisions of this chapter shall be administered and enforced by the director of planning who shall have the right to remove or cause the removal of a vehicle or part thereof declared to be a nuisance pursuant to this chapter. (Ord. 173 §1, 1975: Ord. 131 §4, 1973).
10.16.060 Franchise granted--Right to remove vehicles.
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. 131, §5, 1973).
10.16.070 City council--Assessment determination.
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 part thereof under this chapter. (Ord. 131 §6, 1973).
10.16.080 Abatement--Notice.
A. Notice of intention to abate and remove a vehiole or part thereof as a public nuisance shall be given to the registered and legal owner of the vehicle and to the owner of the land on which the vehicle is located at least ten days before such abatement and removal. Such notice shall contain a statement of the hearing rights of the owner of the vehicle and of the owner of the property on which the vehicle is located and the name of the registered and legal owner or owners of the vehicle.
B. The statement shall present to the owner of the land on which the vehicle is located a sworn written statement denying responsibility for the presence of the vehicle on the land with his reasons for such denial, in lieu of appearing.
C. The notice of intention to abate and remove shall be mailed by registered or certified mail to the owner of the land as shown on the last equalized assessment roll 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. (Ord. 173 §2, 1975: Ord. 131 §7, 1973).
10.16.090 Public hearing.
A public hearing shall be held upon written request for such hearing by the registered or legal owner of the vehicle or the owner of the land on which such vehicle is located, addressed to the director of planning; The request shall be made within ten days after the mailing of notice of intention to abate and remove the vehicle. If the owner of land on which the vehicle is located submits a sworn written statement denying responsibility for the presence of the vehicle on his land within such time period, this statement shall be construed as a request for hearing which does not require the presence of the owner submitting such request. If such a request is not received within such period, the director of planning, his deputies, assistants, or employees have the authority to remove the vehicle, and in such cases the city council shall assess administrative and removal costs. (Ord. 131 §8(part), 1973).
10.16.100 Hearing--Notice.
If a hearing is requested or construed to be requested, fifteen days’ notice of hearing shall be mailed to all parties requesting a hearing and to all landowners who have submitted sworn written statements denying liability. (Ord. 131 §8(part), 1973).
10.16.110 Hearing--Testimony.
All hearings under this chapter shall be before the code enforcement board, which shall hear all facts and testimony it deems pertinent. Said facts and testimony may include testimony on the condition of the vehicle or part thereof and the circumstances concerning its location on the said private property or public property. The board shall not be limited by the technical rules of evidence. The owner of the land on which the vehicle is located may appear in person at the hearing or may present a sworn written statement denying responsibility for the presence of the vehicle on the land with his reasons for such denial. (Ord. 500 §4, 2013: Ord. 131 §9(part), 1973).
10.16.120 Hearing--Findings.
The code enforcement board may impose such conditions and take such other action as it deems appropriate under the circumstances to carry out the purpose of this chapter. It may delay the time for removal of the vehicle or part thereof if, in its opinion, the circumstances justify such delay. In conducting the hearing, the board shall not be limited by the technical rules of evidence. At the conclusion of the public hearing, the board 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 costs of removal to be charged against the owner of the parcel of land on which the vehicle or part thereof is located. 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. (Ord. 500 §5, 2013: Ord. 131 §9(part), 1973).
10.16.130 Property owner not liable--When.
If it is determined at the hearing that the vehicle was placed on the land without the consent of the landowner, and that he has not subsequently acquiesced to its presence, the costs of administration or costs of removal of the vehicle shall not be assessed against the property upon which the vehicle is located or otherwise collected from such landowner. (Ord. 131 §9(part), 1973).
10.16.140 Appeal.
A. Any interested party may appeal the decision of the code enforcement board by filing a written notice of appeal with the city clerk within five (5) days after its decision.
B. Such appeal shall be heard by the city council, which may affirm, amend or reverse the order or take other action deemed appropriate.
C. The clerk shall give written notice of the time and place of the hearing to the appellant and those persons specified in section 10.16.080.
D. In conducting the hearing, the city council shall not be limited by the technical rules of evidence. (Ord. 500 §6, 2013: Ord. 131 §10, 1973).
10.16.150 Removal to scrapyard.
Upon removal of a vehicle by the director of planning, his deputies, assistants, or employees under sections 10.16.090 and 10.16.100, or not less than thirty (30) days after final action authorizing removal has been taken under sections 10.16.110 through 10.16.140, the vehicle or parts thereof may be disposed of by removal to a scrapyard. After a vehicle has been removed, it shall not thereafter be reconstructed or made operable. (Ord. 500 §7, 2013: Ord. 131 §11, 1973).
10.16.160 Identification notice to Department of Motor Vehicles.
Within five days after the date of removal of the vehicle or part thereof, notice shall be given to the Department of Motor Vehicles identifying the vehicle or part 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. 131 §12, 1973).
10.16.170 Unpaid costs assessed as tax.
If the administrative costs and the cost of removal which are charged against a parcel of land pursuant to Sections 10.16.090 through 10.16.130 are not paid within thirty days of the date of the order, 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. Said assessment shall have the same priority as other city taxes. (Ord. 131 §13, 1973).
10.16.180 Abandoning vehicles generally--Prohibited.
It is unlawful and a misdemeanor for any person to abandon, park, store or leave or permit the abandonment, parking, storing, or leaving of any licensed or unlicensed vehicle or part thereof which is in an abandoned, wrecked, dismantled or inoperative condition upon any private property or public property, not including highways, within the city for a period in excess of thirty days unless such vehicle or part thereof is completely enclosed within a building in a lawful manner where it is not plainly visible from the street or other public or private property, or unless such vehicle is stored or parked in a lawful manner on private property in connection with the business of a licensed dismantler, licensed vehicle dealer or a junkyard. (Ord. 131 §14, 1973)
10.16.190 Failure To Abate Nuisance Deemed Unlawful.
It is unlawful and a misdemeanor for any person to fail or refuse to remove an abandoned, wrecked, dismantled or inoperative vehicle or part thereof or refuse to abate such nuisance when ordered to do so in accordance with the abatement provisions of this chapter or of applicable state law. (Ord. 173 §3, 1975: Ord. 131 §15, 1973).