Chapter 8.08
ABANDONED VEHICLES

Sections:

8.08.010    Statement of intent.

8.08.020    Definitions.

8.08.030    Exemptions.

8.08.040    Chapter provisions not exclusive.

8.08.050    Enforcement.

8.08.060    Removal franchise.

8.08.070    Removal costs.

8.08.080    Abatement of nuisance.

8.08.090    Notice to vehicle and land owner.

8.08.100    Request for hearing.

8.08.110    Hearing.

8.08.120    Appeal.

8.08.130    Removal.

8.08.140    Notice to DMV.

8.08.150    Lien.

8.08.160    Refusal to abate is violation.

8.08.010 Statement of intent.

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 city 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 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 permitted in Section 8.08.030 is declared to constitute a public nuisance which may be abated as such in accordance with the provisions of this chapter. (Prior code § 5-1.201)

8.08.020 Definitions.

As used in this chapter:

“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.

“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.

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

“Public property” does not include “highway.”

“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. (Prior code § 5-1.201 (part))

8.08.030 Exemptions.

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;

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; or

C.    A vehicle or parts thereof which is located behind a solid fence six feet in height or which is not plainly visible from a highway.

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 11 of the Vehicle Code and this chapter. (Prior code § 5-1.202)

8.08.040 Chapter provisions not exclusive.

This chapter is not 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. (Prior code § 5-1.203)

8.08.050 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 this chapter such officer and deputies 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 this chapter. (Prior code § 5-1.204)

8.08.060 Removal 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. (Prior code § 5-1.204)

8.08.070 Removal costs.

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. This cost of administration may be set as a fixed sum per removal, or as a percentage of the actual cost of removal. (Prior code § 5-1.206)

8.08.080 Abatement of nuisance.

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 chief of police shall have the authority to cause the abatement and removal thereof in accordance with the procedure prescribed in the following sections. (Prior code § 5-1.207)

8.08.090 Notice to vehicle and land owner.

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 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 ten (10) day notice of intention is not required if the property owner and the owner of the vehicle have signed releases authorizing removal and waiving further interest in the vehicle or part thereof. The ten (10) day notice of intention is not required for removal of a vehicle or part thereof which is inoperable due to the absence of a motor, transmission, or wheels and incapable of being towed, is valued at less than two hundred dollars ($200.00) by a Winters police officer designated as an appraiser by the Winters chief of police, and is determined by the city police department to be a public nuisance presenting an immediate threat to public health or safety, provided that the property owner has signed a release authorizing removal and waiving further interest in the vehicle or part thereof. Prior to final disposition under Section 22662 of the California Vehicle Code of such a low-valued vehicle or part for which evidence of registration was recovered pursuant to Section 8.08.140, the Winters police department shall provide notice to the registered and legal owners of intent to dispose of the vehicle or part, and if the vehicle or part is not claimed and removed within twelve (12) days after the notice is mailed, from a location specified in Section 22662 of the California Vehicle Code, final disposition may proceed. The city or any contractor therewith shall not be liable for damage caused to a vehicle or part thereof by removal pursuant to this section. This section allowing such waiver and releases applies only to inoperable vehicles located upon a parcel that is (1) zoned for agricultural use; or (2) not improved with a residential structure containing one or more dwelling units. The notices of intention shall be substantially the following forms:

(a) 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 the land).

As owner shown on the last equalized assessment roll of land located at (address), you are hereby notified that the undersigned, pursuant to the Winters 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 the Winters Municipal Code.

You are hereby notified to abate said nuisance by the removal of said vehicle (or said parts of a vehicle) within ten (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 you as owner of the land on which said vehicle (or 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 (10) days after the mailing of this notice of intention request a public hearing and if such a request is not received by the Chief of Police within such ten (10) day period, the Chief of Police shall have the authority to abate and remove said vehicle (or said parts of vehicle) as a public nuisance and assess the cost as aforesaid without a public hearing. You may submit a sworn written statement within such ten (10) day period denying responsibility for the presence of said vehicle (or said parts of vehicle) on said land, with your reason 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

Winters Police Department

(b)    NOTICE OF INTENTION TO ABATE AND REMOVE AN ABANDONED, WRECKED, DISMANTLED OR INOPERATIVE VEHICLE 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 8.08.080 of the Winters Municipal Code, has determined that said vehicle (or said parts of a vehicle) exists as an abandoned, wrecked, dismantled, or inoperative vehicle at (described location on public or private property) and constitutes a public nuisance.

You are hereby notified to abate said nuisance by the removal of said vehicle (or said parts of a vehicle) within ten (10) days from the date of mailing of this notice.

As registered (and/or legal) owner on record of said vehicle (or said parts of a vehicle), you are hereby notified that you may, within ten (10) days after the mailing of this notice of intention, request a public hearing and if such a request is not received by the Chief of Police within such ten (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

Winters Police Department

(Ord. 88-07 § 1; prior code § 5-1.208)

8.08.100 Request for hearing.

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 notices of intention to abate and remove, a public 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.

If the owner of the land submits a sworn written statement denying responsibility for the presence of the vehicle on his or her land within such ten (10) day period, such statement shall be construed as a request for a hearing which does not require his or her presence. Notice of the hearing shall be mailed, by registered or certified 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 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 public hearing. (Prior code § 5-1.209)

8.08.110 Hearing.

All hearings under this chapter shall be held before the city manager, or another regular employee of the city designated by the city manager as hearing officer. The officer shall hear all facts and testimony he or she 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 officer 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 or her reasons for such denial.

The officer may impose such conditions and take such other action as he or she deems appropriate under the circumstances to carry out the purpose of this chapter. He or she may delay the time for removal of the vehicle or parts thereof if, in his or her opinion, the circumstances justify it. At the conclusion of the public hearing, the officer 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 or she has not subsequently acquiesced in its presence, the officer 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 or her land but does not appear or if an interested party makes a written presentation to the officer but does not appear he or she shall be notified in writing of the decision. (Ord. 88-07 § 2; prior code § 5-1.210)

8.08.120 Appeal.

Any interested party may appeal the decision of the officer by filing a written notice of appeal with the officer within ten (10) days after his or her decision.

The clerk shall give written notice of the time and place of the hearing to the appellant and those persons specified in Section 8.08.090. (Prior code § 5-1.211)

8.08.130 Removal.

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 notice is required by Section 8.08.110, or fifteen (15) days after such action 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. If the local agency determines that commercial channels of disposition are not available or are inadequate, it may dispose of the vehicles by removal to any suitable site operated by it. The local agency may make final disposition of such vehicles or parts thereof or may transfer such vehicles or parts to another provided such disposal is only for scrap. After a vehicle has been removed, it shall not thereafter be reconstructed or made operable. (Prior code § 5-1.212)

8.08.140 Notice to DMV.

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. (Prior code § 5-1.213)

8.08.150 Lien.

If the administrative costs and the cost of removal which are charged against the owner of a parcel of land pursuant to Section 8.08.110 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 Section 38773.5 of the Government Code and shall be transmitted to the tax collector for collection. The assessment shall have the same priority as other city taxes. If the disputed matter goes before a court for a decision, the prevailing party will be entitled to the recovery of all court costs and attorney’s fees pursuant to Government Code Section 38773.5(b). (Ord. 2003-4 § 14; prior code § 5-1.214)

8.08.160 Refusal to abate is violation.

It is unlawful and a misdemeanor 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 where state law is applicable. (Prior code § 5-1.215)