Chapter 6.32
ABANDONED VEHICLES
6.32.010 Findings—Nuisance declared.
6.32.040 Chapter not exclusive regulation.
6.32.050 Enforcement—Right of entry.
6.32.060 Persons granted franchise or contract—Right of entry.
6.32.070 Assessment of administrative costs determination.
6.32.080 Abatement and removal authority.
6.32.090 Notices of intention to abate and remove.
6.32.110 Hearing—Presence of owner not required when—Abatement without hearing when.
6.32.120 Hearing—Held before the hearing examiner—Facts and testimony.
6.32.130 Hearing—Imposing conditions—Order requiring removal.
6.32.140 Hearing—Nonassessment of costs.
6.32.150 Hearing—Notification of decision.
6.32.170 Removal—Notice to department of motor vehicles.
6.32.180 Removal—Costs—Assessment—Collection.
6.32.010 Findings—Nuisance declared.
In addition to and in accordance with the determination made and the authority granted by the state under Section 22660 of the Vehicle Code to remove abandoned, wrecked, dismantled or inoperative vehicles or parts thereof as public nuisances, 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 is found to create 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 and 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 hereinafter permitted, is declared to constitute a public nuisance which may be abated as such in accordance with the provisions of this chapter. (Ord. 1100 § 1 (part), 1990).
6.32.020 Definitions.
As used in this chapter:
(1) "Department head" means the head of a city department designated by the city manager to enforce the provisions of this chapter.
(2) "Hearing examiner" means the city official designated by resolution or ordinance to conduct hearings pursuant to this chapter.
(3) "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.
(4) "Inoperative vehicle" means any vehicle which cannot be legally operated on the street because of lack of current registration, missing parts, or which cannot be operated under its own power.
(5) "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.
(6) "Owner of vehicle" means the last registered owner and legal owner of record.
(7) "Vehicle" means a device by which any person or property may be propelled, moved or drawn upon a highway, except a device moved exclusively by human power or used exclusively upon stationary rails or tracks. (Ord. 1309 § 8 (part), 2007; Ord. 1100 § 1 (part), 1990).
6.32.030 Exemptions.
(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 provisions of a law other than Chapter 10, commencing with Section 22650, of Division 11 of the Vehicle Code and this chapter. (Ord. 1100 § 1 (part), 1990).
6.32.040 Chapter not exclusive regulation.
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 legal entity or agency having jurisdiction. (Ord. 1100 § 1 (part), 1990).
6.32.050 Enforcement—Right of entry.
Except as otherwise provided herein, the provisions of this chapter shall be administered and enforced by a department head designated by the city manager. In the enforcement of this chapter such department head and his or her agents and employees 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. 1309 § 8 (part), 2007; Ord. 1100 § 1 (part), 1990).
6.32.060 Persons granted franchise or contract—Right of entry.
When the city 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. 1100 § 1 (part), 1990).
6.32.070 Assessment of administrative costs determination.
The city council shall from time to time determine and fix by resolution an amount to be assessed as administration costs (excluding the actual costs of removal of any vehicle or parts thereof) under this chapter. (Ord. 1100 § 1 (part), 1990).
6.32.080 Abatement and removal 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 department head shall have the authority to cause the abatement and removal thereof in accordance with the procedure prescribed in this chapter. (Ord. 1100 § 1 (part), 1990).
6.32.090 Notices of intention to abate and remove.
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 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 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 Marysville City Code sections 6.32.010 and following, has determined that there exists upon your land an abandoned, wrecked, dismantled or inoperative vehicle (or parts thereof) registered to ______, license number ______, which constitutes a public nuisance pursuant to provisions of sections 6.32.010 and following.
You are hereby notified to abate the nuisance by removing the vehicle (or parts of the vehicle) within 10 days from the date of mailing of this notice. If you fail to remove the vehicle or parts within ten days, the City will abate the nuisance by removing the vehicle or parts. Removal costs and administrative costs will then be assessed to you as owner of the land on which the vehicle or parts are located.
As owner of the land on which the vehicle or parts of the vehicle are located, you are hereby notified that you may, within 10 days after the mailing of this notice of intention, request a public hearing. If such a request is not received by the [department head] within the 10-day period, the [department head] shall have the authority to abate and remove the vehicle or parts of the vehicle as a public nuisance and assess the removal and administrative costs without a public hearing. You may submit a sworn written statement within such 10-day period denying responsibility for the presence of the vehicle or parts of the vehicle on your land, with your reasons for denial. 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 in time for consideration at the hearing. You may, through such sworn written statement deny responsibility for the presence of the vehicle or parts on your land with your reasons for denial.
Notice mailed _________
(date) [Department Head]
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 (description of vehicle — make, model, license, etc.) you are hereby notified that the undersigned pursuant to Marysville City Code sections 6.32.010 and following, has determined that the vehicle (or parts of the vehicle) exist as an abandoned, wrecked, dismantled or inoperative vehicle at (describe location on public or private property) and constitutes a public nuisance pursuant to the provisions of sections 6.32.010 and following.
You are hereby notified to abate the nuisance by removing the vehicle or parts of the vehicle within 10 days from the date of mailing of this notice.
As registered (and/or legal) owner of record of the vehicle (or parts of the vehicle), you are hereby notified that you may, within 10 days after the mailing of this notice of intention, request a public hearing. If such a request is not received by the [department head] within the 10-day period, the [department head] shall have the authority to abate and remove the vehicle or parts of the vehicle without a hearing.
Notice mailed _________
(date) [Department Head]
(Ord. 1100 § 1 (part), 1990).
6.32.100 Hearing—Generally.
Upon request by the owner of the vehicle or owner of the land received by the department head within ten days after the mailing of the notices of intention to abate and remove, a public hearing shall be held by the hearing examiner 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. (Ord. 1100 § 1 (part), 1990).
6.32.110 Hearing—Presence of owner not required when—Abatement without hearing when.
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 ten days after the mailing of the notices of intention to abate and remove, 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 or certified 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 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. 1100 § 1 (part), 1990).
6.32.120 Hearing—Held before the hearing examiner—Facts and testimony.
All hearings under this chapter shall be held before the hearing examiner who shall hear all facts and testimony he or she deems pertinent. The facts and testimony may include testimony on the condition of the vehicle or parts thereof and the circumstances concerning its location on private property or public property. The hearing examiner shall not be limited by the technical rules of evidence. The owner of the land 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 his or her reasons for such denial. (Ord. 1100 § 1 (part), 1990).
6.32.130 Hearing—Imposing conditions—Order requiring removal.
The hearing examiner may impose such conditions and take such other action as he or she deems appropriate under the circumstances to carry out the purpose of this chapter. He or she may delay the time for removal of the vehicle or parts thereof if, in his or her opinion, the circumstances justify it. At the conclusion of the public hearing, the hearing examiner may find that a vehicle or parts 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 provided in this chapter and determine the administrative costs and the cost of removal to be charged against the owner of the land. The order requiring removal shall include a description of the vehicle or parts thereof and the correct identification number and license number of the vehicle, if available at the site. (Ord. 1100 § 1 (part), 1990).
6.32.140 Hearing—Nonassessment of costs.
If it is determined at the hearing that the vehicle was placed on the land without consent of the owner of the land and that he or she has not subsequently acquiesced in its presence, the hearing examiner shall not assess the 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 owner of the land. (Ord. 1100 § 1 (part), 1990).
6.32.150 Hearing—Notification of decision.
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, or if an interested party makes a written presentation to the hearing examiner but does not appear, he or she shall be notified in writing of the decision. (Ord. 1100 § 1 (part), 1990).
6.32.160 Removal—When.
Five days after 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 decision if such notice is required by Section 6.32.150, 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 plates, pursuant to Vehicle Code Section 5004, in which case the vehicle may be reconstructed or made operable. (Ord. 1100 § 1 (part), 1990).
6.32.170 Removal—Notice to 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. 1100 § 1 (part), 1990).
6.32.180 Removal—Costs—Assessment—Collection.
If the administrative costs and the cost of removal which are charged against the owner of the land pursuant to Section 6.32.130 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. The assessment shall have the same priority as other city taxes. (Ord. 1100 § 1 (part), 1990).
6.32.190 Severability.
If any provisions, clause, sentence, or paragraph of this chapter or the application thereof to any person or circumstances shall be held invalid, such invalidity shall not affect the other provisions of this chapter which can be given effect without the invalid provisions or application, and to this end the provisions of this chapter are declared to be severable. (Ord. 1100 § 1 (part), 1990).