Chapter 10.44
ABANDONED VEHICLES
Sections:
10.44.010 Findings and determinations.
10.44.040 Effect on other laws.
10.44.050 Administration and enforcement.
10.44.060 Right of entry of certain persons.
10.44.070 Administrative costs.
10.44.080 Notices of intention to abate.
10.44.090 Hearings – Requests.
10.44.100 Hearings – Determinations.
10.44.140 Assessment of costs.
10.44.150 Violation – Penalty.
Prior ordinance history: Ord. 826.
10.44.010 Findings and determinations.
In addition to and in accordance with the determination made and the authority granted by the state pursuant to the provisions of Section 22660 of the Vehicle Code of the state to remove abandoned, wrecked, dismantled, or inoperative vehicles, or parts thereof, as public nuisances, the council makes the following findings and declarations:
The accumulation and storage of abandoned, wrecked, dismantled, or inoperative vehicles, or parts thereof, on private or public property, not including highways, is found to create a condition tending to reduce the value of private property, to promote blight and deterioration, to invite plundering, to create fire hazards, to constitute an attractive nuisance creating 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 an abandoned, wrecked, dismantled, or inoperative vehicle, or part thereof, on private or public property, not including highways, except as expressly permitted by the provisions of this chapter, is declared to constitute a public nuisance which may be abated as such in accordance with the provisions of this chapter. (Prior code § 4-13.01)
10.44.020 Definitions.
For the purposes of this chapter, unless otherwise apparent from the context, certain words and phrases used in this chapter are defined as follows:
“Highway” means a way or place of whatever nature, publicly maintained and open to the use of the public for the purposes of vehicular travel. “Highway” includes “street.”
“Public property” does not include “highway.”
“Vehicle” means 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. (Prior code § 4-13.02)
10.44.030 Exceptions.
The provisions of this chapter shall 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, a junk dealer, or when such storage or parking is necessary to the operation of a lawfully conducted business or commercial enterprise.
The provisions of this section shall not authorize the maintenance of a public or private nuisance as defined pursuant to provisions of law other than Chapter 10 (commencing with Section 22650) of Division 11 of the Vehicle Code of the state and this chapter. (Prior code § 4-13.03)
10.44.040 Effect on other laws.
The provisions of this chapter are not the exclusive regulation of abandoned, wrecked, dismantled, or inoperative vehicles within the city. The provisions of this chapter shall supplement and be in addition to the other regulatory codes, statutes, and laws heretofore or hereafter enacted by the city, the state, or any other legal entity or agency having jurisdiction. (Prior code § 4-13.04)
10.44.050 Administration and enforcement.
Except as otherwise provided in this chapter, the provisions of this chapter shall be administered and enforced by the chief of police. In the enforcement of the provisions of this chapter, such officer and his deputies, representatives, and/or agents may enter upon private property or examine a vehicle, or parts thereof, or obtain information as to the identity of a vehicle declared to be a nuisance pursuant to the provisions of this chapter. (Prior code § 4-13.05)
10.44.060 Right of entry of certain persons.
When the council has contracted with or granted a franchise to any person, such person 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 the provisions of this chapter. (Prior code § 4-13.06)
10.44.070 Administrative costs.
The council 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 part thereof) for the purposes of administering the provisions of this chapter. (Prior code § 4-13.07)
10.44.080 Notices of intention to abate.
Whenever it is determined that an abandoned, wrecked, dismantled, or inoperative vehicle, or part thereof, is being maintained in violation of this chapter, a ten-day notice of intention to abate and remove the vehicle, or part thereof, as a public nuisance shall be issued. Such notice shall contain a statement of the hearing rights of the owner of the property on which the vehicle is located and of the owner of the vehicle. The statement shall include notice to the property owner that he may appear in person at a hearing before the traffic committee or may submit a sworn written statement denying responsibility for the presence of the vehicle on the land, with his reasons 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 identification numbers are not available to determine ownership. (Prior code § 4-13.08)
10.44.090 Hearings – Requests.
If the owner of the vehicle or the owner of the land on which such vehicle is located desires a hearing, he shall make a request to the traffic committee within ten days after the mailing of the notice of intention to abate and remove the vehicle. 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 time period, such statement shall be construed as a request for a hearing which does not require the presence of the owner submitting such request. If such a request is not received within such period, the police department shall have the authority to remove the vehicle. (Prior code § 4-13.09)
10.44.100 Hearings – Determinations.
A. All hearings held pursuant to the provisions of this chapter shall be held before the traffic committee which shall hear all facts and testimony it deems pertinent. Such facts and testimony may include testimony on the condition of the vehicle, or part thereof, and the circumstances concerning its location on private property or public property. The traffic committee shall not be limited by the technical rules of evidence. The owner of the land on which the vehicle is located may appear in person at the hearing, or present a 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.
B. The traffic committee may impose such conditions and take such other action as it deems appropriate under the circumstances to carry out the purposes of this chapter. It may delay the time for the removal of the vehicle, or part thereof, if, in its opinion, the circumstances so justify. At the conclusion of the public hearing, the traffic committee may find that a vehicle, or part thereof, has been abandoned, wrecked, dismantled, or is inoperative on private or public property, order the same removed from the property as a public nuisance and disposed of as provided in this chapter, and determine the administrative costs and the costs of removal to be charged against the owner of the parcel of land on which the vehicle, or part thereof, is located. The order requiring removal shall include a description of the vehicle, or part thereof, and the correct identification number and license number of the vehicle, if available at the site.
C. If it is determined at the hearing that the vehicle was placed on the land without the consent of the landowner and that he has not subsequently acquiesced in its presence, the traffic committee shall not assess the costs of administration for the removal of the vehicle against the property upon which the vehicle is located or otherwise attempt to collect such costs from such landowner.
D. If an interested person makes a written presentation to the traffic committee but does not appear, such interested person shall be notified in writing of the decision. (Prior code § 4-13.10)
10.44.110 Decision final.
The decision of the traffic committee by a majority of the members present at the time of the hearing shall be final. (Prior code § 4-13.11)
10.44.120 Removal.
If no request for a hearing is received within the period required in Section 10.44.090 and if the traffic committee authorizes removal following a hearing pursuant to the provisions of Section 10.44.100, the vehicle, or parts thereof, may be disposed of by removal to a scrapyard or automobile dismantler’s yard. After a vehicle has been removed, it shall not be reconstructed or made operable, unless it is a vehicle which qualifies or either horseless carriage license plates or historical vehicle license plates pursuant to Section 5004 of the Vehicle Code of the state, in which case the vehicle may be reconstructed or made operable. (Prior code § 4-13.12)
10.44.130 Removal – Notices.
Within five days after the date of the removal of the vehicle, or part thereof, notice shall be given to the Department of Motor Vehicles of the state identifying the vehicle, or part thereof, removed. At the same time there shall be transmitted to said Department of Motor Vehicles any evidence of registration available, including registration certificates, certificates of title, and license plates. (Prior code § 4-13.13)
10.44.140 Assessment of costs.
If the administrative costs and the costs of removal which are charged against the owner of a parcel of land pursuant to the provision of Section 10.44.100 are not paid within thirty days after 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 the provisions of Section 38773.5 of the Government Code of the state and shall be transmitted to the tax collector for collection. Such assessment shall have the same priority as other city taxes. (Prior code § 4-13.14)
10.44.150 Violation – Penalty.
It is unlawful and a misdemeanor for any person to fail or refuse to remove an abandoned, wrecked, dismantled, or inoperative vehicle, or part thereof, or to refuse to abate such nuisance when ordered to do so in accordance with the abatement provisions of this chapter or state laws where such state laws are applicable. (Prior code § 4-13.15)