[Ord. #67-015, § 1; Ord. #71-09, § 2;
1958 Code § 20.88-1; Ord. #93-012]
In addition to and in accordance with the determination made
and the authority granted by the State 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
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 including highways, except as expressly
hereinafter permitted, is hereby declared to constitute a public nuisance
which may be abated as such in accordance with the provisions of this
section.
[Ord. #67-015, § 1; Ord. #71-09, § 2;
1958 Code § 20.88-1]
As used in this section:
HIGHWAY
Shall mean 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
Shall mean the owner of the land on which the vehicle or
parts thereof is located, as shown on the last equalized assessment
roll.
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.
[Ord. #67-015, § 1; 1958 Code § 20.88-2]
This section shall not apply to:
a. A vehicle or part thereof which is located behind a solid fence six
(6') feet in height or which is not plainly visible from a highway;
b. 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
c. 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.
Nothing in this subsection 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 section.
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[Ord. #67-015, § 1; 1958 Code § 20.88-3]
This section 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. #67-015, § 1; 1958 Code § 20.88-4]
Except as otherwise provided herein, the provisions of this
section shall be administered and enforced by the Police Department.
In the enforcement of this section, such officer and his 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
declared to be a nuisance pursuant to this section.
[Ord. #67-015, § 1; 1958 Code § 20.88-5]
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 section.
[Ord. #67-015, § 1; 1958 Code § 20.88-6]
The City Council shall determine and fix an amount to be assessed
as administrative costs under this section.
[Ord. #67-015, § 1; Ord. #71-09, § 3;
1958 Code § 20.88-7; Ord. #96-012]
a. 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 as designated in subsection
9-14.5 shall have the authority to cause the abatement and removal thereof in accordance with the procedure prescribed herein.
b. A ten (10) day notice of intention to abate and remove the vehicle
or parts thereof as a public nuisance shall be mailed by 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 resident of the property will
also be served a notice personally or by posting or mailing. The notice
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.
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(Name and address of owner of the land)
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As owner shown on the last equalized assessment roll of the land located at (address), you are hereby notified that the undersigned, pursuant to subsection 9-14.8 of the Albany City Code, 1988 has determined that there exists upon the land an (or parts of an) abandoned, wrecked, dismantled or inoperative vehicle registered to, license number, constitutes a public nuisance pursuant to the provisions of subsection 9-14.1 of the Albany City Code, 1988.
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You are hereby notified to abate the nuisance by the removal
of the vehicle (or the 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 of Albany and the
costs thereof, together with administrative costs, assessed to you
as owner of the land on which the vehicle (or the parts of a vehicle)
is located.
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As owner of the land on which the vehicle (or the 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 Police
Chief within such ten (10) day period, the Police Department shall
have the authority to abate and remove the vehicle (or the 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 (10) day period denying responsibility for the presence
of the vehicle (or the parts of a vehicle) on the 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.
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Notice mailed:
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(Date)
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s/
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(Member of Police Department)
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NOTICE OF INTENTION TO ABATE AND REMOVE AN ABANDONED,
WRECKED, DISMANTLED, OR INOPERATIVE VEHICLE OR PARTS THEREOF AS A
PUBLIC NUISANCE.
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(Name and address of last registered and/or legal owner of record
of vehicle-notice to be given to both if different)
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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 subsection 9-14.8 of the Albany City Code, 1988, has determined that the 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 subsection 9-14.1 of the Albany City Code, 1988.
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You are hereby notified to abate the nuisance by the removal
of the vehicle (or the parts of a vehicle) within ten (10) days from
the date of mailing of this notice.
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As registered (and/or legal) owner of record of the vehicle
(or the 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 Police Chief within such ten (10) day period, the Police Department
shall have the authority to abate and remove the vehicle (or the parts
of a vehicle) without a hearing.
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Notice mailed:
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(Date)
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s/
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(Member of Police Department)
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c. Upon request by the owner of the vehicle or owner of the land received
by the Police Department within ten (10) days after the mailing of
the notices of intention to abate and remove, such department shall
notify the Police Chief or the Police Chief's designated abatement
hearing officer of receipt of the request and a public hearing shall
be held by the Police Chief 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 (10) day period, such statement shall be construed as a request
for a hearing which does not require his presence. Notice of hearing
shall be mailed by 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 such 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.
[Ord. #67-015, § 1; Ord. #71-09, § 5;
1958 Code § 20.88-9; Ord. #96-012]
All hearings under this section shall be held before the Police
Chief or designated abatement hearing officer who shall hear all facts
and testimony he or she deems pertinent. Such facts and testimony
he or she may include testimony on condition of the vehicle parts
thereof and the circumstances concerning its location on such private
property. The Police Chief or designated abatement hearing 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
reasons for such denial.
The Police Chief may impose such conditions and take such other
actions as it deems appropriate under the circumstances to carry out
the purpose of this section. 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 Police Chief
or designated abatement hearing 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 has not subsequently acquiesced in its presence, the Police Chief
or designated abatement hearing 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 land but does
not appear, or if an interested party makes a written presentation
to the Police Chief or designated abatement hearing officer but does
not appear, he shall be notified in writing of the decision.
[Ord. #67-015, § 1; 1958 Code § 20.88-10;
Ord. #96-013]
Five (5) days after adoption of the order declaring the vehicle or parts thereof to be a public nuisance, five (5) days from the date of mailing of notice of the decision, if such notice is required by subsection
9-14.9, the vehicles or parts thereof may be disposed of by removal to a scrapyard or an automobile dismantler's yard. After a vehicle has been removed, it shall not thereafter be reconstructed or made operable and the City of Albany shall arrange for the disposal of said vehicle or parts thereof.
[Ord. #67-015, § 1; 1958 Code § 20.88-11;
Ord. #93-012]
Within five (5) 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. In addition, pursuant to
Section 22853 of the California
Vehicle Code, the Department of Justice
must be advised of the abatement of a vehicle.
[Ord. #67-015, § 1; 1958 Code § 20.88-12]
If the administrative costs and the cost of removal which are charged against the owner of a parcel of land pursuant to subsection
9-14.9 are not paid within thirty (30) days of the date of the order, 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. Such assessment shall have the same priority as other City taxes.
[Ord. #71-09, § 6; 1958 Code § 20.88-12]
It shall be 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 section
or State law where such State law is applicable.