Chapter 4.45
ABANDONED, WRECKED, DISMANTLED OR INOPERATIVE VEHICLES

Sections:

Article I. General

4.45.010    Definitions.

4.45.020    Authority.

4.45.030    Chapter not exclusive.

4.45.040    Findings by council – Declaration of public nuisance.

4.45.050    Exemptions.

4.45.060    Administration of chapter.

4.45.070    Authority to enter property.

4.45.080    Determination of administrative costs.

Article II. Proceedings for Removal

4.45.090    Power of enforcement officer.

4.45.100    Notice of intention to abate and remove to owner of property and to owner of vehicle.

4.45.110    Hearing – When required.

4.45.120    Hearing – Conduct.

4.45.130    Removal of vehicle after hearing.

4.45.140    Notice to Department of Motor Vehicles.

4.45.150    Costs made a special assessment.

4.45.160    Costs constitute debt to the city.

Article I. General

4.45.010 Definitions.

A. “Abandoned vehicle” means any vehicle or part thereof which is:

1. A vehicle to which the registered owner has relinquished all further dominion or control; or

2. A vehicle which is inoperative or otherwise wrecked or dismantled; or

3. A vehicle which due to its condition or location constitutes an attractive nuisance, a hazard to persons in the vicinity thereof, or is sufficiently “unsightly” as to reduce the value of adjoining property or interfere with the quiet enjoyment of adjoining property; or

4. A vehicle with expired registration for more than six months. Vehicles must be registered in California, if the owner resides in California. A nonoperational certificate does not constitute current registration.

B. “Dismantled vehicle” means any vehicle which is wrecked, junked or inoperative, or from which any part has been damaged or removed for a period of seven days or more so as to render the vehicle inoperable under its own power.

C. “Enforcement officer” means any officer or employee of the city delegated by the city manager to enforce the provisions of this chapter.

D. “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.”

E. “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.

F. “Owner of the vehicle” means the last registered owner and legal owner of record.

G. “Property” means any real property, public or private, within the city, which is not a public street or highway.

H. “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. 137 § 1; Ord. 290 § 2; Ord. 711 § 1; Ord. 811 § 1; Ord. 880 § 1. Code 1997 § 17-15)

4.45.020 Authority.

This chapter is enacted pursuant to the authority of Section 22660 of the Vehicle Code of the state. (Ord. 137 § 1. Code 1997 § 17-16)

4.45.030 Chapter not exclusive.

This chapter is not an exclusive regulation of motor vehicle dismantling, wrecking, junking and abandonment within the city. It shall supplement, be cumulative with and in addition to all other regulatory codes, statutes and ordinances heretofore or hereafter enacted by the city, the state or other legal entity having jurisdiction. (Ord. 137 § 1. Code 1997 § 17-17)

4.45.040 Findings by council – Declaration of public nuisance.

The accumulation and storage of abandoned, wrecked, dismantled or inoperative vehicles or parts thereof on property is hereby found to create an unsightly condition upon private premises tending to reduce the value of property, to invite plundering, to create fire hazards, to constitute an attractive nuisance creating a hazard to the health and safety of minors and to create a harborage for rodents. Such accumulation and storage of vehicles is further found to promote urban blight and deterioration in the community, to violate the zoning regulations of the city in many instances, particularly where such vehicles are maintained in the required front or side areas of residential property, and it is found that such abandoned, wrecked, dismantled or inoperative vehicles are in the nature of rubbish, litter and unsightly debris in violation of health and sanitation laws. Therefore, the accumulation and storage of abandoned, wrecked, dismantled or inoperative vehicles on property, except as expressly permitted in this chapter, is hereby declared to constitute a public nuisance, which may be abated as such, which remedy shall be in addition to any other remedy provided in this chapter or by state law. (Ord. 137 § 1. Code 1997 § 17-18)

4.45.050 Exemptions.

This chapter shall not apply:

A. To a vehicle or part thereof which is completely enclosed within a building/carport in a lawful manner or which is not otherwise visible from the street or other property. Covering a vehicle with a tarp or other material does not constitute enclosure.

B. To 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 or a junk yard; provided, that this exception shall not authorize the maintenance of a public or private nuisance, as defined under provisions of law other than this chapter. (Ord. 137 § 1; Ord. 811 § 2. Code 1997 § 17-19)

4.45.060 Administration of chapter.

This chapter shall be administered under the direction and control of the city manager using regularly salaried employees of the city. Upon approval by the city manager, and in compliance with any interagency agreements regarding access, such employees shall be authorized to receive Department of Justice/CLETS information to the extent necessary to enforcement of the provisions of this chapter. (Ord. 137 § 1; Ord. 811 § 3; Ord. 885 § 1. Code 1997 § 17-20)

4.45.070 Authority to enter property.

The enforcement officer may enter upon private property to examine vehicles or parts thereof, to obtain information as to the identity of the vehicle and to remove or cause the removal of vehicle or parts thereof declared to be a nuisance pursuant to this chapter. (Ord. 137 § 1. Code 1997 § 17-21)

4.45.080 Determination of administrative costs.

The city council shall from time to time fix and determine an amount to be assessed as administrative costs (excluding the actual costs of removal of any vehicle or parts thereof) under this chapter. Such determination may be either as a fixed sum per removal, or as a percentage of the actual cost of removal, whichever the council shall deem proper. (Ord. 290 § 3. Code 1997 § 17-21.1)

Article II. Proceedings for Removal

4.45.090 Power of enforcement officer.

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 enforcement officer shall have the authority to cause the abatement and removal thereof in accordance with the procedure prescribed herein. (Ord. 290 § 5. Code 1997 § 17-23)

4.45.100 Notice of intention to abate and remove to owner of property and to owner of vehicle.

Upon filing his report, the enforcement officer shall mail by certified mail a 10-day notice of intention to abate and remove the vehicle, or parts thereof, as a public nuisance to the owner of the land and/or to the owner of the vehicle, unless the vehicle is in such condition that identification numbers are not available to determine ownership.

All vehicles will be physically tagged with 10-day towing notices of intent to abate said vehicles. (Ord. 290 § 5; Ord. 331 § 1; Ord. 811 § 4. Code 1997 § 17-24)

4.45.110 Hearing – When required.

The 10-day notice of intention to abate and remove a vehicle or part thereof, when required, 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 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.

Upon request for such a hearing by the owner of the vehicle or the owner of the land on which such vehicle is located, a public hearing shall be held before the city manager or his designee. This request shall be made to the city manager within 10 days after the mailing of notice of intention to abate and remove the vehicle or at the time of signing a release pursuant to Subdivision (C), Section 22661, California Vehicle Code. 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, this statement shall be construed as a request for hearing which does not require the presence of the owner submitting such request. If such request is not received within such period, the appropriate public body, agency, or officer shall have the authority to remove the vehicle.

If the city does not charge and collect a fee from the property and/or vehicle owner for the removal of the vehicle, this section shall not apply. (Ord. 290 § 5; Ord. 811 § 5. Code 1997 § 17-25)

4.45.120 Hearing – Conduct.

The owner of the land on which the vehicle is located may appear in person at the hearing or present a sworn written statement denying responsibility for the presence of the vehicle on his land, with his reason for such denial. 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, then the local authority shall not assess costs of administration or removal of the vehicle against the property upon which the vehicle is located or otherwise attempt to collect such cost from such owner.

If the city does not charge and collect a fee from the property and/or vehicle owner for the removal of the vehicle, this section shall not apply. (Ord. 290 § 5; Ord. 811 § 5. Code 1997 § 17-26)

4.45.130 Removal of vehicle after hearing.

Five days after adoption of the order declaring the vehicle or parts thereof to be a public nuisance, or five days from the date of mailing of notice of the decision if such notice is required by the preceding section, 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. (Ord. 290 § 5. Code 1997 § 17-27)

4.45.140 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. (Ord. 290 § 5. Code 1997 § 17-28)

4.45.150 Costs made a special assessment.

Cost of removal and administrative costs which are imposed against the owner of property either because of a failure to request a hearing or after a hearing shall be assessed against the property pursuant to Section 38773.5 of the Government Code of the state and shall be transmitted to the county tax collector for collection. Such assessment shall have the same priority as other taxes of the city.

If the city does not charge and collect a fee from the property and/or vehicle owner for removal of the vehicle, this section shall not apply. (Ord. 290 § 5; Ord. 811 § 6. Code 1997 § 17-29)

4.45.160 Costs constitute debt to the city.

Costs of removal and administrative costs are a debt to the city from the owner of the vehicle and may be enforced as such in any court of competent jurisdiction.

If the city does not charge and collect a fee from the property and/or vehicle owner for removal of the vehicle, this section shall not apply. (Ord. 290 § 5; Ord. 811 § 7. Code 1997 § 17-30)