TITLE V—SANITATION & HEALTH
CHAPTER 6—REMOVAL OF ABANDONED VEHICLES
(Amd. Ord. 1191, eff. 7/20/1992)
Sec. 5600 Definitions
As used in this Chapter:
A. Abandoned Vehicle. A vehicle left on a highway, public property, or private property in such inoperable or neglected condition that the owner’s intention is to relinquish all further rights or interests in it may be reasonably concluded. A vehicle is presumed to be abandoned if it is left on a highway or public right of way and is parked, resting, or otherwise immobilized, lacks an engine, transmission, wheels, tires, doors, windshield or any other part of equipment necessary to be operated safely on the highway of this state.
B. Dismantled Vehicle. Any vehicle that is wholly or partially disassembled.
C. Highway. 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.
D. Inoperative Vehicle. Any motor vehicle that cannot be moved under its own power.
E. Property. Such property as belongs absolutely to an individual, and of which he or she has the exclusive right of disposition. Property of a specific, fixed and tangible nature, capable of being in possession and transmitted to another, such as houses, lands, vehicles, etc.
F. Public Nuisance Vehicle. Any vehicle that is abandoned, wrecked, dismantled, inoperative or any 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, and general welfare.
G. Public Property. A designation of those things which are considered as being owned by "the public", the entire state or community, and not restricted to dominion of a private person. It may also apply to any property owned by a state, nation or municipality.
H. Vehicle. A device by which any person or property may be propelled, moved, or drawn upon a highway, except a device moved by human power or used exclusively upon stationary rails or tracks.
I. Wrecked Vehicle. 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 for the purposes of this Ordinance.
Sec. 5601 Exceptions.
This Chapter shall not apply to:
(a) 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
(b) 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.
Nothing in this section shall authorize the maintenance of a public or private nuisance as defined under provisions of law other than Chapter 10 (commencing with section 22650) of Division 11 of the Vehicle Code and this Chapter.
Sec. 5602 Supplemental Regulation.
This Chapter is not the exclusive regulation of abandoned, wrecked, dismantled or inoperative vehicles within the City of Arcata. It shall supplement and be in addition to the other regulatory codes, statutes, and ordinances heretofore or hereafter enacted by the City of Arcata, the State, or any other legal entity or agency having jurisdiction.
Sec. 5603 Administration.
Except as otherwise provided herein, the provisions of the Chapter shall be administered and enforced by the City of Arcata Chief of Police. In the enforcement of this Chapter such officer and his deputies 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.
Sec. 5604 Franchise.
When the City Council of the City of Arcata 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.
Sec. 5605 Cost.
The City Council of the City of Arcata shall from time to time determine and fix an amount to be assessed as administrative costs (excluding the actual cost of removal of any vehicle or parts thereof) under this Chapter.
Sec. 5606 Discovery of Vehicles.
Upon discovering the existence of an abandoned, wrecked, dismantled, or inoperative vehicle, or parts thereof, on private property or public property within the City of Arcata, the Arcata Police Department shall have the authority to cause the abatement and removal thereof in accordance with the procedure prescribed herein.
Sec. 5607 Notice
A. A 10-day Notice of Intention to abate and remove the vehicle or parts thereof, as a public nuisance shall be mailed by certified mail to the owner of the land on which the vehicle is located, as shown on the last equalized assessment role, and to the last registered and legal owner of record of the vehicle, unless the vehicle is in such condition that identification numbers are not available to determine ownership.
B. 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 on the last equalized assessment roll of the land located at (address) you are hereby notified that the undersigned, pursuant to the Arcata Municipal Code, has determined that there exists upon said land an inoperative vehicle registered to _______________, license number ________, which constitutes a public nuisance pursuant to the provisions of said Code.
You are hereby notified to abate said nuisance by the removal of said vehicle (or parts of a vehicle) within 10 days from the date of mailing of this notice, and upon your failure to do so the same will be abated and removed by the City of Arcata and the costs thereof, together with administrative costs, assessed to you as owner of the land on which said vehicle (or parts of a vehicle) is located.
As owner of the land on which said vehicle (or 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 is not received by the City Council of Arcata within such 10-day period, the Arcata Police Department shall have the authority to abate and remove said vehicle (or 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 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, may present a sworn written statement of aforesaid in time for consideration at such hearing.
Notice Mailed
(date)
/s/Arcata Police Department
****
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 the Arcata 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 or private property) and constitutes a public nuisance pursuant to said Code.
You are hereby notified to abate said nuisance by the removal of said vehicle (or 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 mailing of this Notice of Intention, request a public hearing and if such a request is not received by the City Council of Arcata within such 10-day period, the Arcata Police Department shall have the authority to abate and remove said vehicle (or said parts of a vehicle) without a hearing.
Notice Mailed
(date)
/s/Arcata Police Department
Sec. 5607.1 Authorization to Remove.
The owner of the property on which an abandoned, wrecked, dismantled or inoperative vehicle was located, or the owner of said vehicle or parts thereof to be removed may sign a release authorizing removal and waiving further interest in the vehicle or part. If such release is signed, the Chief of Police is not required to sign a ten (10) day Notice of Intention to abate and remove as required in Section 5607. A land owner who signs a release as specified herein may at the time the release is signed request a public hearing before the City Council on the question of the assessment of administration and vehicle removal costs. A public hearing shall be held in accordance with the provisions of this Ordinance.
Sec. 5608 Public Hearing.
Upon receipt of a request by the owner of the vehicle or owner of the land on which an abandoned, wrecked, dismantled or inoperative vehicle is located by the Arcata Police Department within 10 days after the mailing of the Notices of Intention to abate and remove, a public hearing shall be held by the Arcata City Council 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 and parts thereof against the property on which it is located.
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 land within such 10 day period, said statement shall be construed as a request for a hearing which does not require his presence. Notice of the hearing shall be mailed, by certified mail, at least 10 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 said 10 days after mailing of the Notice of Intention to abate and remove, the City of Arcata shall have the authority to abate and remove the vehicle or parts thereof as a public nuisance without holding a public hearing.
Sec. 5609 Evidence at Hearing.
All hearings under this Chapter shall be held before the Arcata City Council which shall hear all facts and testimony it deems pertinent. Said facts and testimony may include testimony on the vehicle or parts thereof and the circumstances concerning its location on the said private property or public property. The Arcata Police Department shall not be limited to the technical rules of evidence. The owner of the land may appear in person or by a representative 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.
The City Council of the City of Arcata 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 of the City of Arcata 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 hereinafter provided and determine the administrative costs and the cost of removal to be charged again 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.
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 that he has not subsequently acquiesced in its presence, the City Council of the City of Arcata 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.
If the owner of the land submits a sworn written statement denying responsibility for the presence of the vehicle on his land but does not appear, or if an interested party makes a written presentation to the City Council of the City of Arcata but does not appear, he shall be notified in writing of the decision.
Sec. 5610 Appeal.
Any interested party may appeal the decision of the Arcata City Council within five days after its decision.
Such appeal shall be heard by the Arcata City Council which may affirm, amend or reverse the order or take other action deemed appropriate.
The Clerk shall give written notice of the time and place of the hearing to the appellant and those persons specified in Section 5607.
In conducting the hearing the City Council of the City of Arcata shall not be limited by the technical rules of evidence.
Sec. 5611 Removal.
Five days after adoption of the order declaring the vehicle or parts thereof to be a public nuisance, five days from the date of mailing of notice of the decision if such notice is required by Section 5609 or 15 days after such action of the governing body authorizing removal following appeal, the vehicle or parts thereof may be disposed of by removal to a scrap yard or automobile dismantler’s yard. After a vehicle has been removed it shall not thereafter be reconstructed or made operable unless the vehicle qualifies under state laws for either horseless carriage license plates or historical vehicle license plates, in which case the vehicle may be reconstructed or made operable.
Sec. 5612 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.
Sec. 5613 Collection of Costs.
If the administrative costs and the cost of removal which are charged against the owner of a parcel of land pursuant to section 5509 are not paid within 30 days of the date of the order, or the final disposition of an appeal therefrom, such costs shall be assessed against the parcel of land pursuant to Section 3877.5 of the Government Code and shall be transmitted to the tax collector for collection. Said assessment shall have the same priority as other City taxes.
Sec. 5614 Disclaimer of Responsibility.
If the City Council of the City of Arcata determines that the landowner is not to be charged with the administrative costs and the costs of removal of the subject vehicle, a second registered letter shall be sent to registered owners of the vehicles who have not appeared to disclaim responsibility. This letter shall state the total costs of the removal and shall inform the registered owner.