Chapter 4.60
ABATEMENT AND REMOVAL OF ABANDONED AND OTHER VEHICLES
Sections:
4.60.030 Not exclusive regulation.
4.60.040 Enforcement officer – Entry upon property.
4.60.050 Franchise holder – Entry upon property.
4.60.060 Costs to be fixed by resolution.
4.60.070 Abatement and removal authorized.
4.60.090 Public hearing when required.
4.60.100 Public hearing – Procedure.
4.60.110 Removal of vehicle parts – When permitted.
4.60.120 Notice to Department of Motor Vehicles and Department of Justice.
4.60.130 When costs to be assessed against land.
4.60.140 Unlawful to abandon vehicle or parts.
4.60.150 Unlawful to fail to remove.
4.60.010 Definitions.
For the purposes of this chapter, the following words and terms shall have the meaning ascribed to them in this section.
A. The term “chief of police” means the chief of police of the city of Millbrae and his authorized representatives.
B. The term “city” means the city of Millbrae.
C. The term “city clerk” means the city clerk of the city of Millbrae.
D. The term “city council” means the city council of the city of Millbrae.
E. The term “highway” means 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.
F. The term “owner of the land” means the owner of the land on which the vehicle, or parts thereof, is located, as shown on the last equalized assessment roll.
G. The term “owner of the vehicle” means the last registered owner and legal owner of record.
H. The term “person” means individuals, firms, associations, partnerships, joint ventures, and corporations, and agents, employees, or representatives thereof.
I. The term “public property” does not include “highway.”
J. The term “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. (Ord. 431, § 2; 1976 Code § 4-12.01).
4.60.020 Vehicles excluded.
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 II of the Vehicle Code and this chapter. (Ord. 431, § 2; 1976 Code § 4-12.02).
4.60.030 Not exclusive regulation.
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 Millbrae Municipal Code and 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. (Ord. 431, § 2; 1976 Code § 4-12.03).
4.60.040 Enforcement officer – Entry upon property.
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 private or public property, including highways, to examine a vehicle or parts thereof, or obtain information as to the identity of a vehicle declared to be a nuisance pursuant to this chapter. (Ord. 431, § 2, Amended by Ord. 591, § 1; 1976 Code § 4-12.04).
4.60.050 Franchise holder – Entry upon property.
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 or on a highway to remove or cause the removal of a vehicle or parts thereof declared to be a nuisance pursuant to this chapter. (Ord. 431, § 2, Amended by Ord. 591, § 2; 1976 Code § 4-12.05).
4.60.060 Costs to be fixed by resolution.
The city council by resolution shall from time to time determine and fix an amount to be assessed as administrative costs under this chapter. (Ord. 431, § 2; 1976 Code § 4-12.06).
4.60.070 Abatement and removal authorized.
Upon discovering the existence of an abandoned, wrecked, dismantled, or inoperative vehicle, or parts thereof, on private property or public property or on a highway within the city, the chief of police shall have the authority to cause the abatement and removal thereof in accordance with the procedure prescribed herein. (Ord. 431, § 2, Amended by Ord. 591, § 3; 1976 Code § 4-12.07).
4.60.080 Notice required.
A ten-day notice of intention to abate and remove the vehicle, or parts thereof, as a public nuisance shall be mailed by registered or certified 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 owners of the land)
As Owner shown on the last equalized assessment roll of the land located at (address), you are hereby notified that the undersigned, pursuant to Section 4.60.070 of the Millbrae 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 Chapter 4.60 of the Millbrae Municipal Code.
You are hereby notified to abate said nuisance by the removal of said vehicle (or said parts of a vehicle) within ten 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 ten days after the mailing of this Notice of Intention, request a public hearing and, if such a request is not received by the City Clerk within such ten 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 public hearing. You may submit a sworn written statement within such ten 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)
s/_____________________________
(locally designated officer)
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 4.60.070 of the Millbrae 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 Chapter 4.60 of the Millbrae Municipal Code.
You are hereby notified to abate said nuisance by the removal of said vehicle (or said parts of a vehicle) within ten 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 ten days after the mailing of this notice of intention, request a public hearing and if such a request is not received by the City Clerk within such ten-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)
s/_____________________________
(locally designated officer)
(Ord. 431, § 2; 1976 Code § 4-12.08).
4.60.090 Public hearing when required.
Upon request by the owner of the vehicle or owner of the land, received by the city clerk within ten days after the mailing of the notices of intention to abate and remove, a public hearing shall be held by the 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 or parts thereof against the property on which it is located.
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-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 the city clerk by registered or certified mail, at least ten 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 ten 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 public hearing. (Ord. 431, § 2; 1976 Code § 4-12.09).
4.60.100 Public hearing – Procedure.
All hearings under this chapter shall be held before the city council which shall hear all facts and testimony it deems pertinent. Said facts and testimony may include testimony on the condition of the vehicle or parts thereof and the circumstances concerning its location on the said 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.
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 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.
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 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 but does not appear, he shall be notified in writing of the decision by registered or certified mail. (Ord. 431, § 2; 1976 Code § 4-12.10).
4.60.110 Removal of vehicle parts – When permitted.
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 is required by MMC 4.60.110 or fifteen days after such action of the city council 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, unless it is a vehicle which qualified for either horseless carriage license plates or historical vehicle license plates, pursuant to Section 5004 of the Vehicle Code. (Ord. 431, § 2; 1976 Code § 4-12.11).
4.60.120 Notice to Department of Motor Vehicles and Department of Justice.
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.
Immediately after removal of the vehicle, the public agency which removed, or caused the removal of, the vehicle shall notify the Stolen Vehicle System of the Department of Justice in Sacramento of the removal. (Ord. 431, § 2, Amended by Ord. 591, § 4; 1976 Code § 4-12.12).
4.60.130 When costs to be assessed against land.
If the administrative costs and the cost of removal which are charged against the owner of a parcel of land pursuant to MMC 4.60.100 are not paid within thirty 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 38773.5 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. (Ord. 431, § 2; 1976 Code § 4-12.13).
4.60.140 Unlawful to abandon vehicle or parts.
It shall be unlawful for any person to abandon, park, store, or leave or permit the abandonment, parking, storing or leaving of any licensed or unlicensed vehicle or parts thereof which is in an abandoned, wrecked, dismantled or inoperative condition, upon any private property or public property not including highways within the city for a period in excess of three days unless such vehicle or parts thereof is completely enclosed within a building in a lawful manner where it is not plainly visible from the street or other public or private property, or unless such vehicle is stored or parked in a lawful manner on private property in connection with the business of a licensed dismantler, licensed vehicle dealer or a junkyard. (Ord. 431, § 2; 1976 Code § 4-12.14).
4.60.150 Unlawful to fail to remove.
It shall be unlawful for any person to fail or refuse to remove an abandoned, wrecked, dismantled or inoperative vehicle or parts thereof or refuse to abate such nuisance when ordered to do so in accordance with the abatement provisions of this chapter or state law if applicable. (Ord. 431, § 2; 1976 Code § 4-12.15).