Chapter 10.24
ABANDONED VEHICLE ABATEMENT*
Sections:
10.24.010 Abandoned vehicles as nuisances.
10.24.040 Nonexclusivity of regulation.
10.24.050 Officer designated and abatement authority--Authority of private contractor.
10.24.060 Abatement--Notice of intention.
10.24.070 Public hearing requested.
10.24.080 Public hearing--Procedure--Action.
10.24.090 Vehicle removal and disposal.
10.24.100 Notice to department of motor vehicles.
10.24.120 Act of abandonment--Infraction.
10.24.130 Refusal to abate--Infraction.
* Prior code Sections 8-901 through 8-906 and 8-909 through 8-911 as amended by Ord. 89-04.
For statutory provisions on local abatement of abandoned vehicles, see Vehicle Code §22660 et seq.
10.24.010 Abandoned vehicles as nuisances.
In addition to and in accordance with the determination made and the authority granted by, the state of California under Section 22660 and following of the California Vehicle Code (VC) to remove abandoned, wrecked, dismantled, or inoperative vehicles or parts thereof as public nuisances, the city 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 creates a condition tending to reduce the value of private property, to promote blight and deterioration, to invite plundering, to create fire hazards, to constitute an attractive nuisance creating a hazard to the health and safety of minors, to create a harborage for rodents and insects, to be injurious to the health, safety and general welfare. Therefore, the presence of an abandoned, wrecked, dismantled or inoperative vehicle or parts thereof, on private or public property, except as expressly permitted in this chapter, constitutes a public nuisance, which may be abated as such in accordance with the provisions of this chapter. (Ord. 05-01 §1(part), 2005: Ord. 03-03 Exh. A (part), 2003).
10.24.020 Definitions.
As used in this chapter, the following words and phrases are defined as set out in this section:
"Abandoned vehicle" a vehicle is considered to be abandoned if it is left on a highway, public property, or private property in such inoperable or neglected condition that the owner’s intention to relinquish all further rights in it may be reasonably concluded.
1. In reaching a reasonable conclusion, one must consider the amount of time the vehicle has been there without being moved, its condition, statements from the owner and witnesses, and facts of a similar nature.
2. In reference to a highway or public rights-of-way, "abandonment" is presumed to have occurred if a vehicle is parked, resting, or otherwise immobilized on any highway or public right-of-way; and lacks an engine, transmission, wheels, tires, doors, windshield, or any other part or equipment necessary to operate safely on the highway in this state. Such vehicles are presumed to be a hazard to public health, safety, and welfare and may be removed immediately upon discovery by a peace officer, code enforcement officer or other designated employee of the state, county or city.
"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 or record.
"Private property" is property that belongs absolutely to an individual and he or she has the exclusive right of disposition. Property of a specific, fixed and tangible nature, capable of being in possession and transmitted to another, such as houses, lands, vehicles, etc.
"Public nuisance vehicle" means any vehicle that is abandoned, wrecked, dismantled, or any inoperative part thereof; that is on public or private property, not including highways and that creates a condition tending to reduce the value of private property, promotes blight and deterioration, invites plundering, creates fire hazards, constitutes an attractive nuisance endangering the health and safety of minors, harbors rodents and insects, or jeopardizes health, safety and general welfare.
"Public property" this term is commonly used as a designation of those things which are considered as being owned by the "public," the entire state or community, and not restricted to dominion of a private person. It may also apply to any property owned by a state, nation or municipality.
"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.
Vehicle, Dismantled. A "dismantled vehicle" is any vehicle that is partially or wholly disassembled.
Vehicle, Inoperative. An "inoperative vehicle" is any motor vehicle that cannot be moved at least two hundred yards under its own power within a seventy-two-hour period. Where the owner or other person in possession of any inoperative vehicle contends that such vehicle is inoperative only due to the fact that it is under repair, the vehicle abatement officer may accept proof that missing parts have been ordered or are being repaired as a basis for postponing further action under the provisions of this chapter for a reasonable period of time.
Vehicle, Wrecked. A "wrecked vehicle" is any vehicle that is damaged to such an extent that it cannot be operated on the highway.
1. A vehicle which has been wrecked in a traffic accident and which has been removed from the roadway to a storage facility, but which has not been claimed by its owner will not be considered an abandoned vehicle for the purposes of this program. (Ord. 05-01 §1(part), 2005: Ord. 03-03 Exh. A (part), 2003).
10.24.030 Exemptions.
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 highway or other public or private property;
B. A vehicle, or part thereof, which is stored or parked in lawful manner on private property, in connection with the business of a licensed dismantler, licensed vehicle dealer or a junkyard; or
C. A vehicle, or parts thereof, which is completely enclosed within a solid fence five feet or greater in height in a lawful manner where it is not visible from the street or other public or private property. Nothing in this section shall be construed to authorize the maintenance of a public or private nuisance as defined under provision of law other than Chapter 10 (commencing with Section 22650) of Division II of the Vehicle Code and this chapter. (Ord. 05-01 §1(part), 2005: Ord. 03-03 Exh. A (part), 2003).
10.24.040 Nonexclusivity of regulation.
This chapter is not the exclusive regulation of abandoned, wrecked, dismantled, or inoperative vehicles within the city and/or county. It shall supplement and be in addition to the other regulatory codes, statutes, and ordinance heretofore or hereafter enacted by this city, the state or any other legal entity or agency having jurisdiction. (Ord. 05-01 §1(part), 2005: Ord. 03-03 Exh. A (part), 2003).
10.24.050 Officer designated and abatement authority--Authority of private contractor.
A. Except as otherwise provided in this chapter, the provisions of this chapter shall be administered by the code enforcement officer or his designees (hereafter also described as the "vehicle abatement officer") who are regularly salaried full time employees of the city. In the enforcement of this chapter, the code enforcement officer or other person he or she may duly authorize may enter upon private or public property to examine a vehicle, or parts thereof, obtain information as to the identity of a vehicle, and remove or cause the removal of a vehicle or part thereof declared a nuisance pursuant to this chapter.
B. Upon discovering the existence of an abandoned, wrecked, dismantled or inoperable vehicle, or parts thereof, on private property or public property within the city/county, the vehicle abatement officer shall have the authority to cause the abatement and removal thereof in accordance with the procedure described in this chapter.
C. When the council contracts with or grants a franchise to any person or persons to remove vehicles pursuant to this chapter, such 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 a nuisance pursuant to this chapter. (Ord. 05-01 §1(part), 2005: Ord. 03-03 Exh. A (part), 2003).
10.24.060 Abatement--Notice of intention.
A. A ten-day notice of intention to abate and remove the vehicle, or parts thereof, as a public nuisance shall be mailed by registered or certified mail to the owner of the land as shown on 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. 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 ____________, Kerman, California and bearing Assessor’s Parcel Number ____________, you are hereby notified that the undersigned pursuant to Chapter 10.24 of the Kerman Municipal Ordinance 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 provision of Chapter 10.24.
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 request is not received by the vehicle abatement officer of the city of Kerman within such 10-day period, the vehicle abatement officer 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 a 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. You may, but are not required to, sign the Land Owner’s Release and Authorization on this form to allow the City to promptly abate this nuisance.
NOTICE MAILED: ____________
____________________________________
Vehicle Abatement Officer City of Kerman
LAND OWNER’S RELEASE AND AUTHORIZATION
I certify that I am the Owner of the land described in this Notice, and I hereby authorize the City of Kerman or its agents or employees to immediately remove and properly dispose of the vehicle or part(s) thereof described above. I waive all claims or further interest in the vehicle or parts, and release the City of Kerman, its agents or employees from any claims I have or may have in the future in connection with the removal of the vehicle or parts.
I understand that the cost of abatement will be assessed to me unless the City determines that the vehicle or parts are not mine and that I have no responsibility for their location upon my land.
Dated: ____________Signed:____________
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 last registered and/or legal owner of record of vehicle - notice should be given to both if different:)
As the last registered (and/or legal) owner of record of a vehicle described as ____________(year), ____________(make), ____________(model) bearing License Number ____________ and Vehicle Identification Number ____________ you are hereby notified that the undersigned pursuant to Chapter 10.24 of the Kerman Municipal Ordinance has determined that said vehicle (or parts of a vehicle) exists as an abandoned, wrecked, dismantled, or inoperative at ____________ Kerman, California, and constitutes a public nuisance pursuant to the provision of Chapter 10.24 of the Kerman Municipal Ordinance.
You are hereby notified to abate said nuisance by removing said vehicle (or said parts of a vehicle) within 10 days from the date of the mailing of this notice.
As the registered and/or legal owner of record of said vehicle (or said parts of a vehicle), you are hereby notified that you may, within 10 days after the mailing of this notice of intention, request a public hearing or may submit a sworn written statement denying responsibility for the presence of the vehicle on the land, with his or her reasons for such denial, in lieu of appearing. If such request is not received by the vehicle abatement officer of the City of Kerman within such 10-day period, the vehicle abatement officer shall have the authority to abate and remove said vehicle (or said parts of a vehicle) without a hearing.
You may, but are not required to, sign the Vehicle Owner’s Release and Authorization on this form to allow the City to promptly abate this nuisance.
Notice Mailed ____________
________________________
Vehicle Abatement Officer City of Kerman
VEHICLE OWNER’S RELEASE AND AUTHORIZATION
I certify that I am the Owner of the vehicle described in this Notice, and I hereby authorize the City of Kerman or its agents or employees to immediately remove and properly dispose of the vehicle or part(s) thereof described above. I waive all claims or further interest in the vehicle or parts, and release the City of Kerman, its agents or employees from any claims I have or may have in the future in connection with the removal of the vehicle or parts.
I understand that the cost of abatement will be assessed to me.
Dated: ____________ Signed:____________
B. A notice of intention to abate shall not be required if (1) the property owner and the owner of the vehicle have signed releases authorizing removal and waive further interest in the vehicle or part thereof, or (2) all the following conditions are satisfied:
1. The vehicle or part thereof is inoperable due to the absence of a motor, transmission, or wheels and is incapable of being towed;
2. The vehicle or part thereof is valued at less than two hundred dollars by the police chief of the city of Kerman or his or her designee;
3. The director of public works and development services has determined that the vehicle or part thereof is a public nuisance presenting an immediate threat to public health or safety;
4. The property owner has signed a release authorizing the removal and waiving further interest in the vehicle or part thereof; and
5. The vehicle is located upon a parcel that is either zoned for agricultural use or is not improved with a residential structure containing one or more dwelling units.
C. If a vehicle is removed pursuant to subsection (B)(2) of this section, prior to final disposition, the registered or legal owner shall be notified of the intent to dispose the vehicle or parts thereof. If the vehicle or part thereof is not claimed and removed from the scrap-yard, automobile dismantler’s yard or public disposal area within twelve days after notice to dispose of vehicle is mailed, final disposition may proceed. (Ord. 05-01 §1(part), 2005: Ord. 03-03 Exh. A (part), 2003).
10.24.070 Public hearing requested.
A. Upon request by the owner of the vehicle or owner of the land received by the vehicle abatement officer within ten days after the mailing of the notices of intention to abate and remove, a public hearing shall be held by the city manager or his designee (either of which shall be regularly salaried full time employees of the city) 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 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 or her land within such ten-day period, the statement shall be construed as a request for a hearing, which does not require his or her presence. 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. If such a request for hearing is not received within said 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. 05-01 §1(part), 2005: Ord. 03-03 Exh. A (part), 2003).
10.24.080 Public hearing--Procedure--Action.
A. All hearings under this chapter shall be held before the city manager or designee which shall hear all facts and testimony deemed pertinent. Such facts and testimony may include testimony on the condition of the vehicle, or parts thereof, and the circumstances concerning the vehicle’s location on the private property or public property. The city manager or designee 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 present a sworn written statement in time for consideration at the hearing, and deny responsibility for the presence of the vehicle on the land, with such reasons for denial.
B. The city manager or designee may impose such conditions and take such further action, as he or she deems appropriate under the circumstances to carry out the purposes of this chapter. He or she may delay the time for removal of the vehicle, or parts thereof, if, in the opinion of the hearing officer, the circumstances justify the delay. At the conclusion of the public hearing, the city manager or designee may find that the vehicle, or part thereof, has been abandoned, wrecked, dismantled or inoperative on private property or public property, and order the same removed from the property as a public nuisance and disposed of as provided in this chapter and determine the administrative costs and the cost of removal to be charged against the owner of the vehicle or 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.
C. If it is determined at the hearing that the vehicle was placed on the land without the consent of the land owner and that he or she has not subsequently acquiesced in its presence, the city manager or designee 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 such costs from such landowner.
D. If the owner of the land submits a sworn written statement denying responsibility for the presence of the vehicle on his or her land, but does not appear, he or she shall be notified in writing of the decision. (Ord. 05-01 §1(part), 2005: Ord. 03-03 Exh. A (part), 2003).
10.24.090 Vehicle removal and disposal.
Five days after the adoption of the order declaring the vehicle or parts thereof to be a public nuisance or five days from the date of mailing of notice of the decision, if such notice is required by Section 10.24.080, whichever date is later, the vehicle or parts thereof may be disposed of by removal to a scrapyard or automobile dismantler’s yard. After a vehicle has been removed, it shall not thereafter be reconstructed or made operable unless it is a vehicle, which qualifies for either horseless carriage license plates or historical vehicle license plates pursuant to Section 5004 of the California Vehicle Code, in which case the vehicle may be reconstructed or made operable.
If the vehicle abatement officer is not a peace officer or employee of the city’s police department, he or she may remove the vehicle only after mailing or personally delivering a written report identifying the vehicle and its location to the office of the department of the California highway patrol located nearest to the vehicle. (Ord. 05-01 §1(part), 2005: Ord. 03-03 Exh. A (part), 2003).
10.24.100 Notice to department of motor vehicles.
Within five days after the removal of the vehicle or parts thereof, notice shall be given to the department of motor vehicles by the persons authorized to remove the vehicle identifying the vehicle or the parts 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. 05-01 §1(part), 2005: Ord. 03-03 Exh. A (part), 2003).
10.24.110 Recovery.
If the administrative costs and the costs of removal which are charged against the owner of a parcel of land pursuant to Section 10.24.080 are not paid within thirty days of the date of the order, such costs shall be assessed against the parcel of land pursuant to Government Code Section 25845 or 38733.5 and shall be transmitted to the tax collector for collection. The assessment shall have the same priority as other city taxes.
The 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. 05-01 §1(part), 2005: Ord. 03-03 Exh. A (part), 2003).
10.24.120 Act of abandonment--Infraction.
It is unlawful and an infraction for any person to abandon, store, leave, or permit the abandonment, storing, or leaving of any licensed or unlicensed vehicle or parts thereof which is abandoned, wrecked, dismantled or inoperative upon any private property or public property, including highways, within the city for a period of seventy-two or more consecutive hours unless such vehicle or parts 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 and parked in a lawful manner on private property in connection with the business of a licensed dismantler or licensed vehicle dealer or junkyard.
The code enforcement officer may issue a citation for a violation of this section or for a violation of Section 10.24.130 in lieu of the abatement procedure prescribed by this chapter where the code enforcement officer determines that disposal of the vehicle is not required to effect a correction of the nuisance condition. (Ord. 05-01 §1(part), 2005: Ord. 03-03 Exh. A (part), 2003).
10.24.130 Refusal to abate--Infraction.
It is unlawful and an infraction for inoperative vehicle or parts thereof, or refuse to abate such nuisance when ordered to do so in accordance with the abatement provisions of this chapter or state law, where such state law is applicable. (Ord. 05-01 §1(part), 2005: Ord. 03-03 Exh. A (part), 2003).
10.24.140 Constitutionality.
Should any section, subsection, paragraph, clause, or phrase of this chapter for any reason be held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this chapter. (Ord. 05-01 §1(part), 2005: Ord. 03-03 Exh. A (part), 2003).