Chapter 6.56 ABANDONED VEHICLES

This chapter is enacted under the authority of Sections 22660 and 22710 of the Vehicle Code, for the purpose of establishing procedures for the abatement and removal, as public nuisances, of abandoned, wrecked, dismantled or inoperative vehicles, or parts thereof, from private or public property in the city of Rancho Cordova, including highways, and for the recovery of the cost of such removal and administration of this chapter.

The existence, accumulation and storage of abandoned, wrecked, dismantled, or inoperative vehicles, or parts thereof, creates conditions likely to reduce the value of real property in the vicinity, promote blight and deterioration, invite plundering, create fire hazards and harborage for rodents and insects, and is injurious to the public peace, health, safety, and general welfare. The presence of abandoned, wrecked, dismantled, or inoperative vehicles, or parts thereof, within the city of Rancho Cordova constitutes a public nuisance, which the city of Rancho Cordova is empowered to abate and remove in accordance with the provisions of this chapter. [Ord. 38-2007 § 1 (Exh. 1(A)); Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 0876 § 1, 1992; SCC 730 § 2, 1988; SCC 1 § 11 (part) 1970].

6.56.020 Definitions.

The meanings ascribed to the terms set forth under RCMC 6.56.030 through 6.56.140 shall govern the interpretation of this chapter. [Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 730 § 2, 1988; SCC 1 § 11 (part) 1970].

6.56.030 Definitions – Vehicle.

“Vehicle” shall mean a device by which any person or property may be propelled, moved, or drawn upon a highway, excepting a device moved exclusively by human power or used exclusively upon stationary rails or tracks. “Vehicle” includes any motor vehicle. [Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 730 § 2, 1988; SCC 1 § 11 (part) 1970; SCC 1061 § 3, 1969].

6.56.040 Definitions – Motor vehicle.

“Motor vehicle” shall mean a vehicle which is self-propelled. [Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 730 § 2, 1988; SCC 1 § 11 (part) 1970; SCC 1061 § 4, 1969].

6.56.050 Definitions – Highway.

“Highway” shall mean 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. [Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 730 § 2, 1988; SCC 1 § 11 (part) 1970; SCC 1061 § 5, 1969].

6.56.060 Definitions – Street.

“Street” shall mean a way or place of whatever nature, publicly maintained and open to the use of the public for purposes of vehicular travel. “Street” includes highway. [Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 730 § 2, 1988; SCC 1 § 11 (part) 1970; SCC 1061 § 6, 1969].

6.56.070 Definitions – Director.

“Director” shall mean the director of the neighborhood services division and any subordinate city officer or employee to whom he or she delegates any duty imposed upon or authority vested in the director under this chapter. [Revised during 2008 codification; Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 730 § 2, 1988; SCC 1 § 11 (part) 1970; SCC 1061 § 7, 1969].

6.56.080 Definitions – Property owner.

“Property owner” shall mean the owner of the land where a vehicle or part thereof subject to regulation pursuant to this chapter is situated, as shown on the last equalized assessment roll of the county. [Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 730 § 2, 1988; SCC 21 § 1, 1970; SCC 1 § 11 (part), 1970; SCC 1061 § 8, 1969].

6.56.090 Definitions – Vehicle owner.

“Vehicle owner” shall mean both the last registered owner, within the meaning of Section 505 of the Vehicle Code, and the last legal owner, within the meaning of Section 370 of the Vehicle Code, of a vehicle or part thereof subject to regulation pursuant to this chapter, as shown in the records of the Department of Motor Vehicles. [Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 730 § 2, 1988; SCC 21 § 3, 1970].

6.56.100 Definitions – Hearing officer.

“Hearing officer” shall mean a person to whom the city manager has assigned hearing responsibilities in accordance with this chapter. [Ord. 38-2007 § 1 (Exh. 1(A)); Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 730 § 2, 1988; SCC 21 § 4, 1970; SCC 1 § 11 (part), 1970; SCC 1061 § 10, 1969].

6.56.110 Definitions – Abandoned.

“Abandoned” shall mean the status of a vehicle or part thereof when the vehicle owner has ceased to assert or exercise any interest, right or title therein without intent to resume or reassert such interest, right or title. [Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 730 § 2, 1988; SCC 21 § 5, 1970; SCC 1 § 11 (part) 1970; SCC 1061 § 11, 1969].

6.56.120 Definitions – Dismantled.

“Dismantled” shall mean the condition of a vehicle which has been taken apart, or to pieces, and/or stripped, or otherwise deprived of any of its integral parts or equipment. [Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 730 § 2, 1988; SCC 1 § 11 (part) 1970; SCC 1061 § 12, 1969].

6.56.130 Definitions – Inoperative.

“Inoperative” shall mean the condition of a vehicle which is physically incapable of working, functioning, or otherwise operating to produce its designed effect or vehicles that are Certified as Non-Operation, Planned Non-Operation Certified, or without current registration with the California Department of Motor Vehicles. [Ord. 11-2020 § 3 (Exh. A); Ord. 15-2018 § 3 (Exh. A); Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 730 § 2, 1988; SCC 1 § 11 (part) 1970; SCC 1061 § 13, 1969].

6.56.140 Definitions – Wrecked.

“Wrecked” shall mean the condition of a vehicle which consists of disordered or broken remains, or which has been brought to a physically impaired or unsound condition or other ruinous state by reason of collision, crash or other forceful impact. [Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 730 § 2, 1988; SCC 21 § 6, 1970; SCC 1 § 11 (part) 1970; SCC 1061 § 13, 1969].

6.56.150 Application of chapter.

Except as otherwise expressly provided by RCMC 6.56.160 and 6.56.360 and the procedures adopted pursuant to the latter section, this chapter shall apply to abandoned, wrecked, dismantled, or inoperative vehicles, or any part thereof, situated upon any private or public property, including highways, within the city of Rancho Cordova. [Ord. 38-2007 § 1 (Exh. 1(A)); Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 0876 § 2, 1992; SCC 730 § 2, 1988].

6.56.160 Application of chapter – Exceptions.

A. This chapter shall not apply to any vehicle or part thereof which is either:

1. 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. Stored or parked in a lawful manner on private property in connection with the business of a licensed dismantler, licensed vehicle dealer, or a junk yard.

B. The exceptions provided by this section shall not be construed to authorize the maintenance of a public or private nuisance, as such nuisance may be defined under any provisions of law other than Chapter 10 (commencing with Section 22650) of Division 11 of the Vehicle Code. [Ord. 15-2018 § 3 (Exh. A); Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 730 § 2, 1988].

6.56.170 City’s remedies nonexclusive.

This chapter shall not be construed as excluding any other lawful remedies available to the city of Rancho Cordova for regulation, abatement, and/or removal of abandoned, wrecked, dismantled, or inoperative vehicles situated within the city of Rancho Cordova. The procedures provided by this chapter shall be in addition to any other applicable regulations, statutes, or ordinances heretofore or hereafter enacted by the state of California, this city, or any other entity having jurisdiction in the matter. [Ord. 38-2007 § 1 (Exh. 1(A)); Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 730 § 2, 1988].

6.56.180 Enforcement responsibility.

The director is charged with the responsibility of administering this chapter and exercising the authority conferred thereby. The director may enter upon private property for purposes of administering and enforcing this chapter, to examine a vehicle or part thereof, to obtain information as to the identity of the vehicle, and to remove or cause to be removed a vehicle or part thereof declared to be a nuisance pursuant to this chapter. Any other person, firm or corporation authorized by the city to remove vehicles from property for purposes of enforcement of this chapter may enter upon private property to perform such removal, upon request by the director. [Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 730 § 2, 1988].

6.56.190 Public nuisance – Director’s determination.

If the director finds that reasonable grounds exist to believe that a vehicle or part thereof is abandoned, wrecked, dismantled or inoperative at any location to which this chapter applies pursuant to RCMC 6.56.150, the director shall declare such vehicle or part to be a public nuisance, and thereupon proceed to abate such nuisance in the manner prescribed by this chapter. [Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 730 § 2, 1988].

6.56.200 Notice of intention to abate and remove vehicle.

Except as otherwise provided by RCMC 6.56.220, the director shall issue not less than 10 days’ advance written notice of intention to abate and remove any vehicle or part thereof which the director has determined to be a public nuisance pursuant to RCMC 6.56.190. The director shall mail such notice by registered or certified mail to the property owner and to the vehicle owner, unless the vehicle is in such condition that identification numbers are not available to determine vehicle ownership. The director shall post a copy of the notice upon or at the site of such vehicle or part. [Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 730 § 2, 1988].

6.56.210 Notice of intention to abate and remove vehicle – Required contents.

The notice required by RCMC 6.56.200 shall contain a statement of the hearing rights of the property owner and of the vehicle owner, in accordance with RCMC 6.56.230. Such statement shall include notice to the property owner that he or she may either appear in person at a hearing or submit a sworn written statement denying responsibility for the presence of the vehicle or part thereof on his or her land, with the reasons for such denial, in lieu of appearing.

The notice shall specify the address of the real property where such vehicle or part is situated, a description identifying such vehicle or part, and the condition thereof found by the director to constitute a public nuisance, the section(s) of this chapter found by the director to have been violated, and state that either voluntary abatement thereof or request for a hearing must be made by the property owner or vehicle owner, in the manner prescribed by RCMC 6.56.230, within 10 days from the date of such notice, and that the failure to so request such a hearing shall constitute waiver of the right thereof. Such notice shall specify that if the abatement is made by the city costs may be assessed against the property owner in accordance with Section 38773 et seq. of the Government Code, or, in the case of an abandoned vehicle, against the last registered owner of record, in accordance with Section 22524 of the Vehicle Code. [Ord. 38-2007 § 1 (Exh. 1(E)); Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 730 § 2, 1988].

6.56.220 Notice of intention to abate and remove vehicle – Exceptions.

The director shall not be required to issue notice pursuant to RCMC 6.56.200 if:

A. The property owner and vehicle owner have each signed releases authorizing removal and waiving further interest in the vehicle or part thereof; or

B. The vehicle or part is:

1. Inoperable due to the absence of a motor, transmission or wheels; and

2. Is incapable of being towed; and

3. Is valued at less than $300.00 by a person specified in Section 22855 of the Vehicle Code; and

4. Is determined by the director to be a public nuisance presenting an immediate threat to public health or safety; and

5. Is located on a parcel that is either zoned for agricultural use or not improved with a residential structure containing one or more dwelling units; and

6. The property owner has signed a release authorizing removal and waiving further interest in the vehicle or part. [Ord. 38-2007 § 1 (Exh. 1(E)); Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 730 § 2, 1988].

6.56.230 Hearing rights.

Either within 10 days after the date of the notice of intention prescribed by RCMC 6.56.200 is mailed, or at the time of signing a release pursuant to RCMC 6.56.220(A) or (B)(6), the property owner and/or the vehicle owner may request that a public hearing be held prior to removal of the vehicle or part thereof by the city. Such request shall be made in writing at the office of the director, and, if mailed, shall be deemed timely if postmarked not later than the tenth day following the date such notice of intention was mailed.

If the property owner submits a sworn written statement pursuant to RCMC 6.56.210 denying responsibility for the presence of the vehicle or part on his or her land, within the 10-day period prescribed by this section, such statement shall be construed a request for hearing which does not require the presence of the property owner. If no request for hearing is received by the director within the time prescribed by this section, the director shall cause the vehicle or part to be removed and disposed of in the manner authorized by this chapter. [Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 730 § 2, 1988].

6.56.240 Public hearings – Notice.

Whenever a hearing is requested in accordance with RCMC 6.56.230, the director shall issue a notice of hearing before a hearing officer. The notice of hearing shall specify the time, date, place, and purpose of the hearing, and shall be served upon the requesting party either personally or by certified mail, return receipt requested, not less than five calendar days prior to the hearing date. [Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 730 § 2, 1988].

6.56.250 Public hearings – Hearing officer.

The city manager shall be authorized to assign responsibility for conducting the hearings required from time to time by this chapter to any person described by RCMC 4.02.095. [Ord. 38-2007 § 1 (Exh. 1(A)); Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 730 § 2, 1988].

6.56.260 Public hearings – Procedure.

Upon the date, and at the time and place, specified for hearing in the notice of hearing required by RCMC 6.56.240, the hearing officer shall proceed to hear the testimony of the director, the requesting party, and any other competent persons respecting the condition of the vehicle or part constituting the subject of the hearing, and any other relevant facts concerning the matter. The property owner may either appear in person at the hearing or present a sworn written statement denying responsibility for the presence of the vehicle on his or her land, with the reasons for such denial.

During the hearing, the burden of proof shall rest with the director. The provisions of the California Administrative Procedure Act (commencing with Section 11500 of the Government Code) shall not be applicable to such hearings; nor shall formal rules of evidence in civil or criminal judicial proceedings be so applicable. [Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 730 § 2, 1988].

6.56.270 Public hearings – Decision.

Within seven days following the date on which the hearing is closed, the hearing officer shall issue a written decision which either affirms or reverses the director’s determination made pursuant to RCMC 6.56.190, and which contains findings of fact and conclusions. If the hearing officer affirms the director’s determination, such decision shall direct the property owner and/or vehicle owner to abate the nuisance within the time prescribed by this section. Such decision shall give notice that if the nuisance is not so abated it may be abated by the director in such manner as the director deems proper, and that the expense thereof may be made a lien against the real property involved, in accordance with Section 38773 et seq. of the Government Code, or, in the case of an abandoned vehicle, that such expense may be recovered from the last registered owner of record thereof, pursuant to Section 22524 of the Vehicle Code; provided, however, that if the hearing officer has found that the vehicle or part constituting the nuisance was placed upon the land without the consent of the property owner, and that the property owner has not subsequently acquiesced to its presence, the director shall not assess such costs against the real property, or otherwise attempt to collect such costs from the property owner. The decision shall require that abatement of the nuisance by the property owner and/or vehicle owner be physically completed within five days after service of such decision or, in the alternative, within such time as the director shall determine to be reasonable under all of the circumstances.

The decision shall inform the requesting party that the time for judicial review is governed by Section 1094.6 of the Code of Civil Procedure. Copies of the decision shall be forthwith served upon the parties, either by personal delivery or by certified mail, return receipt requested. The decision shall be final without further right of administrative review when signed by the hearing officer and served as herein prescribed. [Revised during 2008 codification; Ord. 38-2007 § 1 (Exh. 1(E)); Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 730 § 2, 1988].

6.56.280 Vehicle disposition.

After a vehicle has been removed pursuant to this chapter, such vehicle 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. [Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 730 § 2, 1988].

6.56.290 Vehicle disposition – By director.

The director may dispose of a vehicle or part thereof under this chapter by removal thereof to a licensed scrapyard, automobile dismantler’s yard, or other site authorized by Section 22662 of the Vehicle Code. [Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 730 § 2, 1988].

6.56.300 Vehicle disposition – Notice to DMV.

Within five days following the date of removal of a vehicle or part thereof under this chapter, the director shall give notice of such removal to the Department of Motor Vehicles, identifying the vehicle or part, together with any evidence of registration obtained by the director, including, without limitation, the registration card, certificate of ownership, or license plate. [Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 730 § 2, 1988].

6.56.310 Vehicle disposition – Low-valued vehicle.

Prior to final disposition of a vehicle described by RCMC 6.56.220(B), for which evidence of registration was recovered, the director shall provide the vehicle owner with written notice of intent to dispose of the vehicle or part from a site authorized by Section 22662 of the Vehicle Code. Such notice shall state that if the vehicle or part is not claimed and removed within 12 days following the date such notice is mailed, final disposition shall proceed. [Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 730 § 2, 1988].

6.56.320 Assessment of cost against real property.

Except as otherwise provided by RCMC 6.56.270, if the property owner fails to pay, upon demand, the cost of abatement incurred by the city in the enforcement and administration of this chapter, such costs may be especially assessed against the real property involved, pursuant to Section 38773 et seq. of the Government Code. Such assessment shall be collected at the same time and in the same manner as are county ad valorem property taxes.

Cost of enforcement and administration of this chapter shall include, but not be limited to, charges for each vehicle cited under this chapter, a towing fee for each vehicle towed pursuant to this chapter and a fee to cover the cost of hearing officer staff time involved in hearings required by this chapter, inspection of vehicles and other property, publication, mailing and posting of notices, conducting hearings, processing appeals and pursuing any judicial action. Such charges shall be established from time to time by resolution of the city council and shall not exceed the actual cost of the city of enforcement and administration of this chapter. [Ord. 38-2007 § 1 (Exh. 1(E)); Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 0876 § 3, 1992; SCC 730 § 2, 1988].

6.56.330 Assessment of cost against real property – Recordation of abatement lien.

In the case of any special assessment made pursuant to RCMC 6.56.320, the director shall cause a notice of abatement lien to be recorded in the office of the county recorder. Such notice shall identify the property owner, or possessor of the property, his or her last known address of record, the date upon which abatement was ordered by the hearing officer, the date that the abatement was completed, a description of the real property subject to the lien, and the amount of the abatement costs. [Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 730 § 2, 1988].

6.56.340 Assessment of cost against real property – Release of abatement lien.

The director may release or subordinate an abatement lien imposed under this chapter in the same manner as provided by law for release or subordination of a judgment lien on real property. [Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 730 § 2, 1988].

6.56.350 Recovery of costs – Abandoned vehicles.

Pursuant to Section 22524 of the Vehicle Code, the director shall be authorized to seek recovery of costs incurred by the city for the removal and disposition of an abandoned vehicle from the last registered owner thereof. [Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 730 § 2, 1988].

6.56.360 Enforcement of parking regulations.

Civilian employees of the neighborhood services division of the city of Rancho Cordova are hereby authorized, in addition to any other persons so authorized, to enforce the provisions of Chapter 10.24 RCMC regarding parking regulations. The administrative procedures established by this chapter shall not apply to enforcement of such regulations. Instead, according to the purposes of RCMC 10.24.150, the neighborhood services division shall establish procedures which conform to the requirements of Chapters 9 and 10 of Division 11 of the Vehicle Code of the state of California. [Revised during 2008 codification; Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 0876 § 4, 1992].

6.56.370 Treble cost.

Pursuant to Section 38773.7 of the Government Code, upon entry of a second or subsequent civil or criminal judgment within a two-year period, finding that an owner is responsible for a condition that may be abated pursuant to Section 38773 et seq. of the Government Code, a court might order the owner to pay treble the cost of the abatement. [Ord. 38-2007 § 1 (Exh. 1(E)); Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 0876 § 5, 1992].