Chapter 8.04
ABANDONED AND INOPERATIVE VEHICLES1
Sections:
8.04.010 Definitions.
8.04.020 Findings.
8.04.030 Penalty for abandonment.
8.04.040 Enforcement by the planning director.
8.04.050 Authority to enter private property.
8.04.060 Authority to remove abandoned vehicle from highway--Peace officers--Contractors.
8.04.070 Abandoned vehicle on public or private property excluding a highway--Abatement procedure--Hearing.
8.04.080 Chapter not exclusive.
8.04.110 Hearing--Conduct.
8.04.120 Decision of city council--Removal order.
8.04.130 Vehicles placed without landowner’s consent.
8.04.010 Definitions.
Unless the context otherwise requires, the definitions as set forth in this section shall govern the construction of this chapter.
Abandoned Vehicle.
1. A vehicle is "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 or interests in it may be reasonably concluded.
2. In reference to highways or public rights-of-way, "abandonment" is presumed to have occurred if a vehicle is parked, rests or is 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 highways. 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 or other designated employee.
"Dismantled vehicle" means any vehicle that is partially or wholly disassembled.
"Employee" means a county employee designated by the planning director.
"Highway" means a way or place, of whatever nature, publicly maintained and open to the use of the public for purposes of vehicular traffic. "Highway" includes a street, and all or any part of the entire width of the right-of-way of said highway.
"Inoperative vehicle" means any motor vehicle that cannot be moved under its own power.
"Peace officer" means an individual as defined in Chapter 4.5, commencing with Section 830 of Title 3 of Part 2 of the Penal Code.
"Public nuisance vehicle" means any vehicle that is abandoned, wrecked or dismantled or any inoperative parts 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 or general welfare.
"Vehicle" means a device in, upon or by which any person or property is or may be propelled, moved or drawn upon a highway, excepting a device moved by human power or used exclusively upon stationary rails or tracks.
"Wrecked vehicle" means any vehicle that is damaged to such an extent that it cannot be operated upon the highway. 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. (Ord. 372 (part), 1999)
8.04.020 Findings.
In addition to and in accordance with the determination made and the authority granted by the state under California Vehicle Code Section 22660 to remove abandoned, wrecked, dismantled or inoperative vehicles or parts 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, on private or public property, 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 is injurious to the health, safety and general welfare. Therefore, the presence of an abandoned, wrecked, dismantled or inoperative vehicle or parts, on private or public property, including highways, is declared to constitute a nuisance which may be abated in accordance with the provisions of this chapter. (Ord. 372 (part), 1999)
8.04.030 Penalty for abandonment.
A. No person shall abandon a vehicle upon any highway. Any violation of this section constitutes an infraction.
B. Every person who parks or leaves standing a vehicle on a highway for seventy-two consecutive hours or more is guilty of an infraction.
C. No person shall place a vehicle upon public or private property without the express or implied consent of the owner or person in lawful possession or control of the property. Any violation of this section constitutes an infraction.
D. A person convicted of a violation of this section shall pay a penalty set forth in the city municipal code, and, in addition, such person shall provide proof that the costs of removal and disposition of the vehicle have been paid. No part of any fine imposed shall be suspended. The fine may be paid in installments if the court determines that the defendant is unable to pay the entire amount in one payment.
E. Proof that the costs of removal and disposition of the vehicle have been paid shall not be required if proof is provided to the court that the vehicle was stolen prior to abandonment. That proof may consist of a police report or other evidence acceptable to the court. (Ord. 372 (part), 1999)
8.04.040 Enforcement by the planning director.
Except as otherwise provided in this chapter or by law, the provisions of this chapter shall be administered and enforced by the planning director of Calaveras County pursuant to Government Code Section 6502 et seq., or employees designated in writing by the planning director. (Ord. 372 (part), 1999)
8.04.050 Authority to enter private property.
A. In the enforcement of this chapter, the planning director and her/his designated employees may enter upon private property for the purposes specified in this chapter 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. If the county has contracted with or granted a franchise to any person(s) for the abatement of abandoned vehicles, such person(s) shall be authorized to enter upon private, property or public property to remove or cause the removal of a vehicle or parts declared to be a nuisance pursuant to this chapter. (Ord. 372 (part), 1999)
8.04.060 Authority to remove abandoned vehicle from highway--Peace officers--Contractors.
A. Any peace officer may remove a vehicle located within the territorial limits in which the officer may act when the vehicle is abandoned, parked or left standing upon a highway for seventy-two or more consecutive hours.
B. Motor vehicles which are abandoned, parked, resting or otherwise immobilized on any highway or public right-of-way and which lack an engine, transmission, wheels, tires, doors, windshield, or any other part or equipment necessary to operate safely on the highways of this state are a public nuisance and may be removed immediately upon discovery by a peace officer or employee.
C. Any person performing a franchise or contract awarded pursuant to subdivision (a) of Vehicle Code Section 22710 may remove a vehicle from a highway after a determination by a peace officer that the vehicle is abandoned, or constitutes a nuisance, in accordance with this section. (Ord. 372 (part), 1999)
8.04.070 Abandoned vehicle on public or private property excluding a highway--Abatement procedure--Hearing.
A. Upon discovery on public or private property, excluding a highway, of an abandoned vehicle or a vehicle which lacks an engine, transmission, wheels, tires, doors, windshield, or other major part or equipment necessary to operate safely on the highway, the planning director shall have the authority to cause the abatement and removal of said vehicle in accordance with the procedure prescribed in this section and Vehicle Code Section 22661.
B. Except as otherwise provided by law or this chapter, not less than a ten day notice of intention to abate and remove the vehicle, or part thereof, as a public nuisance shall be issued for a vehicle abandoned on public or private property, excluding a highway, unless the property owner and the owner of the vehicle have signed releases authorizing removal and waiving further interest in the vehicle or part thereof, except as provided in Vehicle Code Section 22661.
C. The ten day notice of intention to abate and remove a vehicle or part thereof, when required by this chapter, shall contain a statement of hearing rights of the owner of the vehicle. The statement shall include notice to the property owner that he/she may appear in person at a hearing or may submit a sworn written statement denying responsibility for the presence of the vehicle on the land, with his/her reason for such denial, in lieu of appearing. The notice of intention to abate 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 owners of record unless the vehicle is in such condition that the identification numbers are not available to determine ownership.
D. A request for a hearing shall be made to the planning director within ten days after the mailing of notice of intention to abate and remove the vehicle or at the time of signing a release.
E. If such a request is not received within such period the planning director or her/his designee shall have the authority to remove the vehicle.
F. Upon a request for a hearing by the owner of the vehicle or the owner of the land upon which such vehicle is located, a public hearing shall be held before the planning director or his/her designee. (Ord. 372 (part), 1999)
8.04.080 Chapter not exclusive.
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 enacted by the city, county, state or other legal entity or agency having jurisdiction. (Ord. 372 (part), 1999)
8.04.110 Hearing--Conduct.
All hearings under this chapter shall be held before the city council, who shall hear all facts and testimony it deems pertinent. The facts and testimony on the condition of the vehicle or parts thereof and the circumstances concerning its location on the private property or public property. The city council 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 reasons for such denial. (Ord. 392 (part), 2002; Ord. 384 (part), 2002)
8.04.120 Decision of city council--Removal order.
The city council 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 parts thereof if, in its opinion, the circumstances justify it. At the conclusion of the public hearing, the city council 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 cost 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. 392 (part), 2002; Ord. 384 (part), 2002)
8.04.130 Vehicles placed without landowner’s consent.
If it is determined at the hearing that the vehicle was placed on the land without the consent of the owner of the land and he has not subsequently acquiesced in its presence, the city council 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 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. 392 (part), 2002; Ord. 384 (part), 2002)
Editor’s note: Ord. 384 adopted Sections 8.04.110 through 8.04.130 which superseded subsections (G) through (I) of Section 8.04.070. The subsections were removed during the November 2006 supplement to the code.