Chapter 24
ABANDONED VEHICLES
Sections:
5-24.01 Findings and determinations: Definitions.
5-24.04 Administration and enforcement.
5-24.05 Right of entry of certain persons.
5-24.08 Hearings: Notices to the Highway Patrol.
5-24.01 Findings and determinations: Definitions.
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 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 hereby 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 hereby declared to constitute a public nuisance which may be abated as such in accordance with the provisions of this chapter.
As used in this chapter:
(a) “Highway” shall mean a way or place of whatever nature, publicly maintained and open to the use of the public for the purposes of vehicular travel. “Highway” shall include “street”.
(b) “Public property” shall not include “highway”.
(c) “Vehicle” shall mean 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.
(§ 1, Ord. 170 C-M, eff. February 8, 1968)
5-24.02 Exceptions.
The provisions of this chapter shall nor 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.
(§ l, Ord. 170 C-M, eff. February 8, 1968)
5-24.03 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.
(§ 1, Ord. 170 C-M, eff. February 8, 1968)
5-24.04 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 agents may enter upon private or public 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 the provisions of this chapter.
(§ l, Ord. 170 C-M, eff. February 8, 1968)
5-24.05 Right of entry of certain persons.
When and if 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.
(§ 1, Ord. 170 C-M, eff. February 8, 1968)
5-24.06 Administrative costs.
The Council from time to time shall determine and fix an amount to be assessed as administrative costs (excluding the actual cost of removal of any vehicle, or parts thereof) for the purposes of administering the provisions of this chapter.
(§ 1, Ord. 170 C-M, eff. February 8, 1968)
5-24.07 Notices of intention.
A notice of intention to abate and remove the vehicle, or parts thereof, as a public nuisance shall be given not less than ten (10) days prior to the public hearing, unless the property owner and the owner of the vehicle have signed releases authorizing removal and waiving further interest in the vehicle, or parts thereof. Such notice shall contain a statement of the hearing rights of the owner of the property on which the vehicle is located and 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 present 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 a condition identification numbers are not available to determine ownership.
(§ 1, Ord. 170 C-M, eff. February 8, 1968, as amended by § 1, Ord. 633-84 C-M, eff. March 29, 1984)
5-24.08 Hearings: Notices to the Highway Patrol.
Notices of such hearings shall also be given to the Highway Patrol of the State identifying the vehicle, or parts thereof, proposed for removal. Such notices shall be mailed at least ten (10) days prior to the public hearing.
(§ 1, Ord. 170 C-M, eff. February 8, 1968)
5-24.09 Hearings and orders.
A public hearing shall be held by the Council upon a request for such a hearing by the owner of the vehicle or the owner of the land on which such vehicle was located. Such request shall be made to the Council within ten (10) 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 Council shall have the authority to order the removal of the vehicle.
All hearings under this chapter shall be held before the Council which shall hear all facts and testimony it deems pertinent. The 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 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 the land, with his reasons for such denial.
The 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. The Council may delay the time for the removal of the vehicle, or parts thereof, if, in its opinion, the circumstances justify it. At the conclusion of the public hearing, the Council may find 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 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 parts thereof, is located. 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 landowner and that he has not subsequently acquiesced in its presence, the 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 landowner.
If an interested party makes a written presentation to the Council but does not appear, he shall be notified in writing of the decision.
In conducting the hearing, the Council shall not be limited by the technical rules of evidence.
(§ 1, Ord. 170 C-M, eff. February 8, 1968, as amended by § 2, Ord. 633-84 C-M, eff. March 29, 1984)
5-24.10 Disposal.
Five (5) days after the adoption of the order of the Council to remove the vehicle, or parts thereof, the vehicle, or parts thereof, may be disposed of by removal to a scrap yard or automobile dismantler’s yard. After the vehicle has been removed, it shall not thereafter be reconstructed or made operable, unless it is a vehicle that qualifies for either horseless carriage license plates or historical vehicle license plates, pursuant to Section 5004 of the Vehicle Code of the State, in which ease the vehicle may be reconstructed or made operable.
(§ 1, Ord. 170 C-M, eff. February 8, 1968, as amended by § 3, Ord. 633-84 C-M, eff. March 29, 1984)
5-24.11 Removal: Notices.
Within five (5) days after the date of the removal of the vehicle, or parts thereof, notice shall be given to the Department of Motor Vehicles of the State identifying the vehicle, or parts thereof, removed or otherwise disposed of. 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.
(§ l, Ord. 170 C-M, eff. February 8, 1968)
5-24.12 Assessments of costs.
If the administrative costs and the costs of removal which are charged against the owner of a parcel of land pursuant to this chapter are not paid within thirty (30) days after the date of the notice of the order, 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.
(§ 1, Ord. 170 C-M, eff. February 8, 1968)