Chapter 12.80
ABANDONED OR INOPERATIVE VEHICLES
Sections:
12.80.010 Vehicles Deemed Public Nuisance When—Statutory Authority.
12.80.030 Chapter Provisions Not Exclusive.
12.80.040 Exceptions to Chapter Applicability.
12.80.050 Administration and Enforcement—Right of Entry.
12.80.060 Abatement and Removal Authority.
12.80.070 Notice of Intention to Abate Required When—Contents.
12.80.080 Hearing on Removal—Conditions—Not Required When.
12.80.090 Hearing on Removal—Conduct—City Manager Decision.
12.80.100 Notice of Removal—Required.
12.80.110 Notice of Removal—Appeal to Council.
12.80.120 Notice of Removal—Council Action on Appeals.
12.80.130 Costs Not Assessed Against Owner of Land.
12.80.140 Abatement—Removal to Scrapyard or Other Location—Reconstruction Limitations.
12.80.150 Abatement—Notice to Department of Motor Vehicles.
12.80.010 Vehicles Deemed Public Nuisance When—Statutory Authority.
In addition to and in accordance with the determination made and the authority granted by the State of California under Section 22660 of the Vehicle Code to remove abandoned, wrecked, dismantled or inoperative vehicles or parts thereof as public nuisances, the council hereby 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 parts thereof, on private or public property not including highways, except as expressly hereinafter permitted in this chapter, is declared to constitute a public nuisance which may be abated as such in accordance with the provisions of this chapter. (Ord. 89-12, 6/27/89)
12.80.020 Definitions.
As used in this chapter:
A. “Officer” means a sworn public safety officer of the City Police Department, the County Sheriff, the California Highway Patrol, or any duly authorized representative of any such agency.
B. “Owner of land” means the owner of the land on which the vehicle, or parts thereof, is located, as shown on the last equalized assessment roll.
C. “Owner of vehicle” means the last registered owner and legal owner of record.
D. “Public property” does not include “highway”. (Ord. 89-12, 6/27/89)
12.80.030 Chapter Provisions Not Exclusive.
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. (Ord. 89-12, 6/27/89)
12.80.040 Exceptions to Chapter Applicability.
This chapter shall not apply to:
A. A vehicle, or parts thereon, 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.
C. 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. 89-12, 6/27/89)
12.80.050 Administration and Enforcement—Right of Entry.
In the enforcement of this chapter, an officer may enter upon private or public property to examine a vehicle or parts thereof, or obtain information as to the identity of a vehicle, an to remove or cause the removal of a vehicle or parts thereof declared to be a nuisance pursuant to this chapter. (Ord. 89-12, 6/27/89).
12.80.060 Abatement and Removal 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, the officer shall have the authority to cause the abatement and removal thereof in accordance with the procedure prescribed herein. (Ord. 89-12, 6/27/89)
12.80.070 Notice of Intention to Abate Required When—Contents.
A. A 10-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:
1. The vehicle is in such condition that identification numbers are not available to determine ownership; or
2. The property owner and the owner of the vehicle have signed releases authorizing removal and waiving further interest in the vehicle or part thereof.
B. 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 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. (Ord. 89-12, 6/27/89)
12.80.080 Hearing on Removal—Conditions—Not Required When.
A. Within 10 days from the mailing date of the notice of intention to abate and remove, the owner of the vehicle or the owner of the land receiving such notice may request a public hearing to be held by the City Manager or his designate on the question of abatement and removal of the vehicle or parts thereof as an abandoned, wrecked, dismantled or inoperative vehicle. If the owner of the land submits a sworn written statement denying responsibility for the presence of the vehicle on his land without such 10-day period, said statement shall be construed as a request for a hearing which does not require his presence.
B. Notice of the hearing shall be mailed, by registered or 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 appropriate public body, agency or officer shall have the authority to remove the vehicle or parts thereof as a public nuisance without holding a public hearing. (Ord. 89-12, 6/27/89)
12.80.090 Hearing on Removal—Conduct—City Manager Decision.
A. At the time set for hearing or at the date to which the hearing may be continued, the City Manager or his designate shall hear the facts and testimony presented at the hearing. The owner of the land may appear in person at the hearing, or present a sworn written statement at the time of hearing denying responsibility for the presence of the vehicle on the land, with his reasons for denial.
B. At the conclusion of the hearings, or at any time within 30 days thereafter, the City Manager or his designate shall determine, from the facts produced at the hearing, whether the vehicle or parts thereof should be abated and removed as a public nuisance, and shall make his order accordingly. He may impose such conditions and take such other action as he deems appropriate under the circumstances and may delay the time for removal of the vehicle or parts thereof if, in his opinion, the circumstances justify it. (Ord. 89-12, 6/27/89)
12.80.100 Notice of Removal—Required.
The City Manager, or his designate, shall notify the owner of the land, the owner of the vehicle and the law enforcement agency by registered or certified mail of the decision and order. (Ord. 89-12, 6/27/89)
12.80.110 Notice of Removal—Appeal to Council.
Any owner of the property or owner of the vehicle may, within 10 days after mailing of the notice of decision and order, appeal such decision to the Council. The appeal shall be in writing, shall state the legal and factual basis upon which the appeal is to be based, and shall be filed with the City Manager. The City Manager shall forward the appeal, together with a copy of the decision and order, to the Clerk of the City. (Ord. 89-12, 6/27/89)
12.80.120 Notice of Removal—Council Action on Appeals.
Upon receipt of the appeal and decision and order, the Council may take any one of the following actions:
A. Approve the decision and order;
B. Refer the matter back to the City Manager with or without instructions;
C. Set the matter for public hearing before itself; such public hearing shall be held de novo as if no hearing previously had been held. (Ord. 89-12, 6/27/89)
12.80.130 Costs Not Assessed Against Owner of Land.
Costs of administration of this chapter or costs of removal of the vehicle or parts thereof shall not be assessed against the owner of the land. (Ord. 89-12, 6/27/89)
12.80.140 Abatement—Removal to Scrapyard or Other Location—Reconstruction Limitations.
Five days after adoption of an order declaring the vehicle or parts thereof to be a public nuisance and ordering the abatement and removal thereof, or if a hearing has been requested, ten (10) days from the date of mailing of notice of the decision and order, or if an appeal to the Council has been made, ten (10) days after a final decision authorizing and ordering removal, the vehicle or parts thereof may be disposed of by removal to a scrapyard or licensed automobile dismantler’s yard, or to any other location as provided in Section 22662 of the Vehicle Code. After a vehicle has been so removed, it shall not thereafter 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. 89-12, 6/27/89)
12.80.150 Abatement—Notice to Department of Motor Vehicles.
Within five (5) days after the date of removal of the vehicle or parts thereof, notice shall be given by the law enforcement agency to the Department of Motor Vehicles identifying the vehicle or parts thereof removed. The notice shall also include any evidence of registration available, including but not limited to registration certificates, certificates of ownership and license plates. (Ord. 89-12, 6/27/89)