Chapter 10.20
DISCARDED VEHICLES
Sections:
10.20.020 Declaration of public nuisance.
10.20.050 Entry on private property.
10.20.070 Abatement by the city and appraisal.
10.20.110 Redemption before sale.
10.20.120 Assessment of costs.
10.20.010 Definitions.
As used in this chapter, the following mean:
“Costs” means the expense of removing, storing or selling a junked vehicle.
“Discarded vehicle” means:
1. Any vehicle that is not currently licensed and is in one or more of the following conditions and is not stored in a garage or behind a site obscuring fence:
a. Inoperative.
b. Wrecked.
c. Dismantled.
d. Partially dismantled.
e. Abandoned.
f. Junked.
2. Discarded vehicles include major parts of vehicles, including but not limited to bodies, engines, transmissions and differentials.
“Law enforcement officer” includes any authorized law enforcement officer of the city.
“Person in charge of property” means an agent, occupant, lessee, contract purchaser, owner or person having possession, control or title to property where a vehicle is located.
“Vehicle” means every device in, upon or by which a person or property is or may be transported or drawn on a public highway, except devices moved by human power or used exclusively upon stationary rails or tracks.
“Vehicle owner” means an individual, firm, corporation or unincorporated association with a claim, either individually or jointly, of ownership or an interest, legal or equitable, in a vehicle. [Ord. 93-235-O § 1; Ord. 85-124-O § 1].
10.20.020 Declaration of public nuisance.
The open accumulation and storage of a discarded vehicle is found to create a condition tending to reduce the value of private property; to promote blight, deterioration and unsightliness; to invite plundering; to create fire hazards; to constitute an attractive nuisance causing 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 a discarded vehicle on private or public property is declared to constitute a public nuisance which may be abated in accordance with the provisions of this chapter. [Ord. 85-124-O § 2].
10.20.030 Prohibited action.
No person shall store or permit the storing of a discarded vehicle upon private property within the city unless the vehicle is completely enclosed within a building or unless it is in connection with a lawfully conducted business enterprise dealing in junked vehicles. [Ord. 85-124-O § 3].
10.20.040 Police duty.
A. Whenever a discarded vehicle is found on private property, the law enforcement officer shall:
1. Make an investigation to discover the owner of the vehicle and the person in charge of the property on which the vehicle is located and give written notice to them by personal service or by registered or certified mail that the vehicle is in violation of this chapter.
2. If the owner of the vehicle is not found, place a notice upon the windshield or some other part of the vehicle where it can be easily seen.
B. The notice shall state that a certain discarded vehicle is in violation of this chapter and that within 10 days of the day of sending or posting the notice:
1. The vehicle must be removed from the city or to the storage yard of a lawfully conducted business enterprise dealing in junked vehicles; or
2. Be completely enclosed within a building.
C. The notice shall also state that the alternative to compliance with subsection (B) of this section is to petition the city recorder and request appearance in writing before the city council within 30 days of sending or posting the notice and show cause why the vehicle should not be immediately abated as provided in this chapter.
D. The notice shall also state that failure to comply with this chapter authorizes the city to remove the vehicle and charge the cost against the property. [Ord. 85-124-O § 4].
10.20.050 Entry on private property.
A. The law enforcement officer is authorized at all reasonable times to enter on private property and examine a vehicle to determine whether it is in a discarded condition. Except when an emergency exists, before entering on private property, the officer shall obtain the consent of an occupant or a warrant of the municipal court authorizing entry for inspection.
B. No search warrant shall be issued under the terms of this chapter until an affidavit has been filed with the municipal court showing probable cause for the inspection by stating the purpose and extent of the proposed inspection, citing this chapter as the basis for the inspection, stating whether it is an inspection instituted by complaint, or giving other specific or general information concerning the vehicle in question or the property on which it is situated.
C. No person shall interfere with or attempt to prevent the law enforcement officer from entering on private premises and inspecting a vehicle when an emergency exists or when the officer exhibits a warrant authorizing entry. [Ord. 85-124-O § 5].
10.20.060 Hearing by council.
A. Following a request, the council shall fix a time for a hearing to show cause why a vehicle should not be abated immediately and to receive evidence and the testimony of the law enforcement officer and other interested persons concerning the existence, location and condition of the vehicle. After the hearing, the council may order the vehicle removed by the city in accordance with the provisions of this chapter.
B. The council shall make its order in the form of a resolution declaring the vehicle to be a public nuisance. The resolution may order the removal of more than one vehicle and may consolidate the hearings and orders relating to more than one vehicle. The persons receiving the notice specified in RRMC 10.20.040 shall be sent copies of the resolution of the council.
C. The council may impose conditions and take such other action as it considers appropriate under the circumstances to carry out the purposes of this chapter. It may delay the time for removal of the vehicle when, in its opinion, the circumstances justify it. It shall refuse to order removal of the vehicle when the vehicle, in the opinion of the council, is not subject to the provisions of this chapter. The council shall not be bound by technical rules of evidence in conducting the hearing. [Ord. 85-124-O § 6].
10.20.070 Abatement by the city and appraisal.
A. Ten days after giving the notice required in RRMC 10.20.040 or 10 days after adoption of a resolution declaring a vehicle to be a public nuisance as required in RRMC 10.20.060, the city will be considered to have acquired jurisdiction to abate the nuisance and may remove the vehicle by use of city employees or authorized independent contractors. No person shall interfere with, hinder or refuse to allow authorized persons to enter on private property for the purpose of removing a vehicle under the provisions of this chapter.
B. After removing the vehicle, the city shall cause it to be appraised. [Ord. 85-124-O § 7].
10.20.080 Low-value vehicle.
A. If the vehicle is appraised at $750.00 or less, the law enforcement officer shall file an affidavit with the Motor Vehicles Division describing the vehicle, including the license plates, if any, stating the location and appraised value of the vehicle and stating that the vehicle will be junked or dismantled. The law enforcement officer may dispose of the vehicle and execute a certificate of sale without notice and public auction.
B. The certificate of sale shall be on a form provided by the city recorder. [Ord. 85-124-O § 8].
10.20.090 Public sale notice.
A. If the vehicle is appraised over $750.00, the law enforcement officer shall publish a notice of sale in a newspaper of general circulation within the city. The notice of sale shall state:
1. The sale is of discarded property in possession by the city.
2. A description of the vehicle, including the type, make, license number, identification number, and any other information that will aid in accurately identifying the vehicle.
3. The terms of the sale.
4. The date, time and place of the sale.
B. The notice of sale shall be published two times. The first publication shall be made not less than 15 days before the date of the proposed sale, and the second shall be made not less than seven days before the date of the proposed sale. [Ord. 85-124-O § 9].
10.20.100 Public sale.
A. If a vehicle is appraised over $750.00, the law enforcement officer shall hold a sale at the time and place appointed, within view of the vehicle to be sold.
B. The vehicle shall be sold to the highest and best bidder. However, if no bids are entered, or those bids that are entered are less than the costs incurred by the city, the law enforcement officer may enter a bid in an amount equal to the costs on behalf of the city.
C. At the time of payment of the purchase price, the law enforcement officer shall execute a certificate of sale in duplicate; the original shall be delivered to the purchaser and a copy filed with the city recorder.
D. The certificate of sale shall be on a form provided by the city recorder. [Ord. 85-124-O § 10].
10.20.110 Redemption before sale.
A. A vehicle impounded under the provisions of this chapter may be redeemed by its owner, or by the person in charge of the property from which the vehicle was removed by applying to the law enforcement officer before a sale or disposition has taken place. The person shall:
1. Submit satisfactory evidence of ownership or interest in the vehicle to the law enforcement officer that the claim is rightful.
2. Pay the costs owing at the time the application to redeem is made.
3. Give evidence that the nuisance character of the vehicle will not be resumed.
B. Upon compliance with subsection (A) of this section, the law enforcement officer shall execute a receipt and cause the vehicle to be returned. [Ord. 85-124-O § 11].
10.20.120 Assessment of costs.
A. After disposing of the discarded vehicle and deducting any money received from sale of the vehicle from the costs, the city recorder shall give notice as specified in RRMC 10.20.040 to the person in charge of the property from which the vehicle was removed:
1. Of the unpaid costs of abatement.
2. That the costs as indicated will be assessed to and become a lien against the real property unless paid within 30 days from the date of the notice.
3. That if the person in charge of the property objects to the indicated costs of the abatement, a written notice of objection may be filed with the city recorder within 20 days from the date of the notice.
B. Within 40 days after the date of the notice, objections to the proposed assessment shall be heard and determined by the council.
C. If the costs of the abatement are not paid within 30 days from the date of the notice, an assessment of the costs shall be made by council resolution, entered in the docket of city liens, and when the entry is made, it shall constitute a lien on the real property from which the nuisance was removed or abated.
D. The lien shall be enforced in the same manner as liens for street improvements are enforced and shall bear interest at the rate of 12 percent per annum. Interest shall accrue from the date of the entry of the lien in the lien docket.
E. An error in the name of the person in charge of the property shall not void the assessment, nor will a failure to receive notice of the proposed assessment render the assessment void. The assessment shall remain a valid lien against the property. [Ord. 85-124-O § 12].