CHAPTER 5.24
INOPERATIVE VEHICLES1
SECTION:
5.24.020 Attractive Nuisance Declaration
5.24.040 Provisions Nonexclusive
5.24.060 Authority To Remove From Highway
5.24.070 Removal Contract Or Franchise
5.24.090 Abatement And Removal Authority; Notice
5.24.100 Hearing Request; Procedure
5.24.120 Action For Removal; Date; Notices
5.24.130 Cost Assessed Against Property
5.24.010 DEFINITIONS:
As used in this chapter, the following terms have the following meanings:
|
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". |
|
OWNER OF THE LAND: |
The owner of the land on which the vehicle, or parts thereof, is located, as shown on the last equalized assessment roll. |
|
OWNER OF THE VEHICLE: |
The last registered owner and legal owner of record. |
|
PUBLIC PROPERTY: |
Does not include "highway". |
|
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. |
|
VEHICLE, ABANDONED: |
A vehicle left on a highway, public property or private property in such inoperable or neglected condition that it may be reasonably concluded that the owner intends to relinquish all further rights or interests in it. An abandoned vehicle includes any vehicle that may be deemed a public nuisance. (1972 Code § 9.22.020) |
5.24.020 ATTRACTIVE NUISANCE DECLARATION:2
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 thereof, 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 thereof, on private or public property, 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 parts thereof, on private or public property, including highways, except as expressly hereinafter permitted, is declared to constitute a public nuisance which may be abated as such in accordance with the provisions of this chapter. (1972 Code § 9.22.010)
5.24.030 EXCEPTIONS:
A. Exceptions Enumerated: This chapter shall not apply to:
1. 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
2. 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 operation of a lawfully conducted business or commercial enterprise.
B. Statute Reference: Nothing in this section shall authorize the maintenance of a public or private nuisance, as defined under provisions of law other than California Vehicle Code section 22660 et seq., and this chapter. (1972 Code § 9.22.030)
5.24.040 PROVISIONS NONEXCLUSIVE:
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 heretofore or hereafter enacted by the city, the state or any other legal entity or agency having jurisdiction. (1972 Code § 9.22.040)
5.24.050 ENFORCEMENT:
A. Chief Of Police: Except as otherwise provided herein, the provisions of this chapter shall be administered and enforced by the chief of police. In the enforcement of this chapter, such officer and his deputies may enter upon public property or, with the consent of the property owner, upon private 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.
B. Judicial Authority: Absent consent to enter the subject property for the purpose of inspection or nuisance abatement, the chief of police shall request that the city manager direct the city attorney to obtain the necessary judicial authority for inspection and abatement purposes. (1972 Code § 9.22.050)
5.24.060 AUTHORITY TO REMOVE FROM HIGHWAY:
A. Vehicles Left For Seventy Two Hours:3 A peace officer may remove a vehicle located within the territorial limits in which the officer may act when said vehicle is abandoned, parked or left standing upon a highway and any part thereof for seventy two (72) or more consecutive hours. (1972 Code § 9.22.065)
B. Immediate Removal; Lack Of Necessary Equipment: Motor vehicles which are abandoned, parked, resting or otherwise immobilized on any highway or public right of way and which lack an engine or transmission or wheels or tires, doors, windshield or any other part or equipment necessary to operate safely on highways of this state are a public nuisance and may be removed immediately upon discovery by a peace officer or employee. (1972 Code § 9.22.066)
5.24.070 REMOVAL CONTRACT OR FRANCHISE:
A. Contract Or Franchise: When the city council 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.
B. Judicial Authority: Notwithstanding the foregoing authorization, absent consent to enter private property for the purpose of inspection or nuisance abatement, the contractor or franchisee shall request that the city manager direct the city attorney to obtain the necessary judicial authority for inspection and abatement purposes. (1972 Code § 9.22.060)
5.24.080 COST DETERMINATION:
The city 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 parts thereof) under this chapter. These costs are independent of those costs which might be assessed pursuant to California Vehicle Code section 22523. (1972 Code § 9.22.070)
5.24.090 ABATEMENT AND REMOVAL AUTHORITY; NOTICE:
A. Authority: Upon discovering the existence of an abandoned, wrecked, dismantled, or inoperative vehicle, or parts thereof, on private property or public property within the city, including highways, the chief of police shall have the authority to cause the abatement and removal thereof in accordance with the procedure prescribed herein. (1972 Code § 9.22.080)
B. Notice Of Intention: A ten (10) day notice of intention to abate and remove the vehicle, or parts thereof, as a public nuisance shall be mailed by registered mail 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. 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 land) |
|
|
As owner shown on the last equalized assessment roll of the land located at (address), you are hereby notified the undersigned pursuant to (section of ordinance or municipal code) has determined that there exists upon said land an (or parts of an) abandoned, wrecked, dismantled or inoperative vehicle registered to __________________, license number ___________________ which constitutes a public nuisance pursuant to the provisions of (ordinance or municipal code chapter number). |
|
|
You are hereby notified to abate said nuisance by the removal of said vehicle (or said 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 and the costs thereof, together with administrative costs, assessed to you as owner of the land on which said vehicle (or said parts of a vehicle) is located. |
|
|
As owner of the land on which said vehicle (or said 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 hearing before the Chief of Police and if such a request is not received by the Chief of Police within such 10-day period, the Chief of Police shall have the authority to abate and remove said vehicle (or said parts of a vehicle) as a public nuisance and assess the costs as aforesaid without a hearing. You may submit a sworn written statement within such 10-day period denying responsibility for the presence of said vehicle (or said 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 as aforesaid in time for consideration at such hearing. |
|
|
NOTICE MAILED________ |
___________________ |
|
(date) |
CHIEF OF POLICE |
|
CITY OF GONZALES |
|
|
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 of 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 (section of ordinance or 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 the provisions of (ordinance or municipal code chapter number). |
||
|
You are hereby notified to abate said nuisance by the removal of said vehicle (or said 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 the mailing of this notice of intention, request a hearing and if such a request is not received by the Chief of Police within such 10-day period, the Chief of Police shall have the authority to abate and remove said vehicle (or said parts of a vehicle) without a hearing. |
||
|
NOTICE MAILED |
__________________ |
________________ |
|
(date) |
CHIEF OF POLICE |
|
|
CITY OF GONZALES |
||
(1972 Code § 9.22.090)
5.24.100 HEARING REQUEST; PROCEDURE:
A. Request:
1. Upon request by the owner of the vehicle or owner of the land received by the chief of police within ten (10) days after the mailing of the notice of intention to abate and remove, a hearing shall be held by the chief of police 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, or parts thereof, against the property on which it is located.
2. If the owner of the land submits a sworn, written statement denying responsibility for the presence of the vehicle on his land within such ten (10) day period, this statement shall be construed as a request for a hearing which does not require his presence.
3. Notice of the hearing shall be mailed, by registered mail, at least ten (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 the ten (10) days after mailing of the notice of intention to abate and remove, the city shall have the authority to abate and remove the vehicle, or parts thereof, as a public nuisance without holding a hearing. (1972 Code § 9.22.100)
B. Hearing Procedure:
1. All hearings under this chapter shall be held before the chief of police, who shall hear all facts and testimony he deems pertinent. These facts and testimony may include testimony on the condition of the vehicle, or parts thereof, and the circumstances concerning its location on the private property or public property. The chief of police 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.
2. The chief of police may impose such conditions and take such other action as he deems appropriate under the circumstances to carry out the purpose of this chapter. He may delay the time for removal of the vehicle, or parts thereof, if, in his opinion, the circumstances justify it. At the conclusion of the hearing, the chief of police 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 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.
3. 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 chief of police 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 land.
4. 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 chief of police but does not appear, he shall be notified, in writing, of the decision. (1972 Code § 9.22.110)
5.24.110 APPEAL:
A. Filing Notice Of Appeal: Any interested party may appeal the decision of the chief of police by filing a written notice of appeal with the chief of police within five (5) days after his decision.
B. Hearing By Council: Such appeal shall be heard by the city council which may affirm, amend or reverse the order or take other action deemed appropriate.
C. Notice Of Hearing: The clerk shall give written notice of the time and place of the hearing to the appellant and those persons specified in subsection 5.24.090B of this chapter.
D. Technical Rules Nonlimiting: In conducting the hearing, the city council shall not be limited by the technical rules of evidence. (1972 Code § 9.22.120)
5.24.120 ACTION FOR REMOVAL; DATE; NOTICES:
A. Date Of Action: Five (5) days after adoption of the order declaring the vehicle, or parts thereof, to be a public nuisance, five (5) days from the date of mailing of notice of the decision; if such notice is required by subsection 5.24.100B of this chapter, or fifteen (15) days after such notice of the governing body authorizing removal following appeal, 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 thereafter be reconstructed or made operable. (1972 Code § 9.22.130)
B. Notice And Report To State Department Of Motor Vehicles: Within five (5) 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. (1972 Code § 9.22.140)
C. Notice To State Department Of Justice:
1. Whenever an officer or an employee removing a California registered vehicle from a highway or from public property for storage under this chapter does not know and is not able to ascertain the name of the owner or for any other reason is unable to give notice to the owner as required by California Vehicle Code section 22852, the officer or employee shall immediately notify, or cause to be notified the state department of justice, stolen vehicle system, of its removal. The officer, employee or agent shall file a notice with the proprietor of any public garage in which the vehicle may be stored. The notice shall include a complete description of the vehicle, the date, time and place from which removed, the amount of mileage on the vehicle at the time of removal and the name of the garage or place where the vehicle is stored.
2. Whenever an officer, employee or agent thereof removing a vehicle not registered in California from a highway or public property for storage under this chapter does not know and is not able to ascertain the owner or for any other reason is unable to give the notice to the owner as required by California Vehicle Code section 22852, the officer, agent or employee shall immediately send or cause to be sent a written report of the removal, by mail, to the state department of justice at Sacramento and shall file a copy of the notice with the proprietor of any public garage in which the vehicle may be stored. The report shall be made on a form furnished by that department and shall include a complete description of the vehicle, the date, time and place from which the vehicle was removed, the amount of mileage on the vehicle at the time of removal, the grounds for removal and the name of the garage or place where the vehicle is stored.
3. Whenever an officer or employee or private party removing a vehicle from private property for storage under this chapter does not know and is not able to ascertain the name of the owner or for any other reason is unable to give the notice to the owner as required by California Vehicle Code section 22852 and if the vehicle is not returned to the owner within a period of one hundred twenty (120) hours, the officer or employee or private party shall immediately send or cause to be sent a written report of the removal by mail to the state department of justice at Sacramento and shall file a copy of the notice with the proprietor of any public garage from which the vehicle was removed, the amount of mileage on the vehicle at the time of removal, the grounds for removal and the name of the garage or place where the vehicle is stored. (1972 Code § 9.22.145)
5.24.130 COST ASSESSED AGAINST PROPERTY:
If the administrative costs and the cost of removal which are charged against the owner of a parcel of land pursuant to subsection 5.24.100B of this chapter are not paid within thirty (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 California Government Code section 38773.5 and shall be transmitted to the tax collector for collection. This assessment shall have the same priority as other city taxes. (1972 Code § 9.22.150)
See also subsection 8.12.060C of this code.
See also subsection 5.20.020I of this title.
See also section 8.20.120 of this code.