Chapter 8.12
ABANDONED VEHICLES

Sections:

8.12.010    Findings and declaration of purpose.

8.12.020    Definitions.

8.12.030    Exceptions.

8.12.040    Regulations are not exclusive but supplemental.

8.12.050    Enforcement.

8.12.060    Council to fix administrative costs of enforcement.

8.12.070    Notice of intention to abate and remove.

8.12.080    Contents and mailing of notice of intention to abate and remove.

8.12.090    Public hearings.

8.12.100    Removal of vehicle.

8.12.110    Liability disclaimer.

8.12.120    Notice to Department of Motor Vehicles.

8.12.130    Failure to pay costs.

8.12.140    Leaving abandoned, wrecked, dismantled or inoperative vehicle in certain places prohibited.

8.12.150    Failure or refusal to remove abandoned vehicle.

8.12.010 Findings and declaration of purpose.

In accordance with the determination made and the authority granted by the state under Section 22660 of the Vehicle Code to remove an abandoned, wrecked, dismantled or inoperative vehicle as a public nuisance, the city council makes the following findings and declarations:

A.    The accumulation and storage of abandoned, wrecked, dismantled, or inoperative vehicles on private or public property not including highways creates a condition tending to reduce the value of private property, promotes blight and deterioration, invites plundering, creates fire hazards, constitutes an attractive nuisance creating a hazard to the health and safety of minors, creates a harborage for rodents and insects and to be injurious to the health, safety and general welfare; and

B.    The presence of an abandoned, wrecked, dismantled or inoperative vehicle on private or public property not including highways is declared to constitute a public nuisance which may be abated in accordance with this chapter. (Prior code § 10.40)

8.12.020 Definitions.

In this chapter, unless the context otherwise requires:

“Highway” means a place publicly maintained and open to the use of the public for purposes of vehicular travel. Highway includes streets.

“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 a person or property may be propelled, moved, or drawn upon a highway and includes any part of a vehicle whether or not the part is capable of being propelled or can move itself. The term does not include a device moved by human power or used exclusively upon stationary rails or tracks. (Prior code § 10.41)

8.12.030 Exceptions.

This chapter does 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; or

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, or a junkyard.

This exception shall not, however, authorize the maintenance of a public or private “nuisance” as defined under provisions of law other than this chapter. (Prior code § 10.42)

8.12.040 Regulations are not exclusive but supplemental.

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

The provisions of California Vehicle Code Section 22661 and all future amendments thereto are referred to and incorporated by reference into this section. To the extent that any provision of this chapter is inconsistent with Vehicle Code Section 22661 and all future amendments thereto, the provisions of Vehicle Code Section 22661 shall govern over the provisions of this code. (Prior code § 10.43)

8.12.050 Enforcement.

The city may enforce this chapter by its own officers and employees or may contract with or grant a franchise to a person for its enforcement. A person authorized to enforce this chapter may enter upon private property or public property to remove or cause the removal of a vehicle declared to be a nuisance under this chapter. (Prior code § 10.44)

8.12.060 Council to fix administrative costs of enforcement.

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 a vehicle under this chapter. (Prior code § 10.45)

8.12.070 Notice of intention to abate and remove.

A.    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 waiving 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 ($200.00) by the police chief of the city or his or her designee;

3.    The department of building and safety 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;

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.

B.    If a vehicle is removed pursuant to subsection (A)(2) of this section, prior to final disposition, the registered or legal owner shall be notified of the intent to dispose of the vehicle or parts thereof. If the vehicle or part thereof is not claimed and removed from the scrapyard, automobile dismantler’s yard or public disposal area within twelve (12) days after the notice to dispose of vehicle is mailed, final disposition may proceed. (Prior code § 10.46)

8.12.080 Contents and mailing of notice of intention to abate and remove.

A ten (10) 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 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. 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 Chapter 8.12 of the 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 provision of Chapter 8.12 of the Municipal Code.

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 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 if not received by the City Council of the City of St. Helena within such 10-day period, the City Administrator 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, and present a sworn written statement as aforesaid in time for consideration at such hearing.

NOTICE MAILED:__________

_______________

City Administrator

City of St. Helena

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 vehicle - notice should be given to both if different)

As 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 (section of ordinance or municipal code) has determined that said vehicle (or parts of a vehicle) exists as an abandoned, wrecked, dismantled, or inoperative vehicle at (describe location on public property) and constitutes a public nuisance pursuant to the provision of (Chapter 8.12 of the Municipal Code).

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.

As 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 and if such request is not received by the City Council of the City of St. Helena 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) without a hearing.

NOTICE MAILED: __________

_______________

City Administrator

City of St. Helena

(Prior code § 10.47)

8.12.090 Public hearings.

A.    A public hearing shall be held before the city upon request for such a hearing by the owner of the vehicle or the owner of the land on which such vehicle is located. This request shall be made to the city within ten (10) days after the mailing of the notice of intention to abate and remove the vehicle or at the time of signing a release pursuant to Section 8.12.070. If the owner of the land on which the vehicle is located submits a sworn written statement denying responsibility for the presence of the vehicle on his or her 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 appropriate public body agency, or officer, shall have the authority to remove the vehicle.

B.    The council shall hear all facts and testimony it considers pertinent, including testimony on the condition of the vehicle and the circumstances concerning its location on private or public property. 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 denying responsibility for the presence of the vehicle on the land, with his or her reasons for such denial.

C.    The council may impose such conditions and take other action as it considers appropriate under the circumstances to carry out the purpose of this chapter. It may delay the time for removal of the vehicle, if in its opinion, the circumstances justify it. At the conclusion of the public hearing, the council may find that a vehicle has been abandoned, wrecked, dismantled, or is inoperative on private or public property and order it removed from the property as a public nuisance and disposed of as hereinafter provided and determine the administrative costs and the cost of the removal to be charged against the owner of the parcel of land on which the vehicle is located. The order requiring removal shall include a description of the vehicle and the correct identification number and license number of the vehicle, if available, at the site.

D.    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 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 these costs from the land owner.

E.    If an interested party makes a written presentation to the council but does not appear, he or she shall be notified in writing of the decision. (Prior code § 10.48)

8.12.100 Removal of vehicle.

After expiration of the ten (10) day notice period in Section 8.12.070, if required by that section, or after an order requiring removal is adopted by the council pursuant to Section 8.12.090, if required, the vehicle or parts thereof shall be disposed of in conformance with Vehicle Code Section 22662. After a vehicle has been removed, it shall not 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 Vehicle Code, in which case the vehicle may be reconstructed or made operable. (Prior code § 10.49)

8.12.110 Liability disclaimer.

No local agency or contractor thereof shall be liable for damage caused to a vehicle or part thereof by removal pursuant to Section 22661 of the California Vehicle Code and this chapter. (Prior code § 10.50)

8.12.120 Notice to Department of Motor Vehicles.

Within five days after the date of removal of the vehicle, notice shall be given to the Department of Motor Vehicles identifying the vehicle removed. At the same time, there shall be transmitted to the Department of Motor Vehicles evidence of registration available, including registration certificate, certificate of title and license plates. (Prior code § 10.51)

8.12.130 Failure to pay costs.

If the administrative cost and the cost of removal is charged against the owner of a parcel of land pursuant to this chapter and not paid within thirty (30) 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. (Prior code § 10.52)

8.12.140 Leaving abandoned, wrecked, dismantled or inoperative vehicle in certain places prohibited.

No person shall abandon, park, store, or leave or permit the abandonment, parking, storing or leaving of a vehicle which is in an abandoned, wrecked, dismantled or inoperative condition upon a private property or public property, not including highways, within the city for a period in excess of five days unless:

A.    The vehicle is completely enclosed within the building in a lawful manner where it is not plainly visible from the street;

B.    The 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; or

C.    The vehicle is located behind a solid fence six feet in height or is not plainly visible from the street or other public or private property. (Ord. 02-5 § 12 (part): prior code § 10.53)

8.12.150 Failure or refusal to remove abandoned vehicle.

No person shall fail or refuse to remove an abandoned, wrecked, dismantled or inoperative vehicle or refuse to abate the nuisance when ordered to do so in accordance with the abatement provisions of this chapter or state law where state law is applicable. (Ord. 02-5 § 12 (part): prior code § 10.54)