Note: Prior ordinance history: Ord. 90-24 § 2.
In addition to and in accordance with the authority granted to the city 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 city council 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 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 a 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 except as expressly 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. 93-20 § 1)
A. 
This chapter shall not apply to:
1. 
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
2. 
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, junk dealer, or when such storage or parking is necessary to the operation of a lawfully conducted business or commercial enterprise.
B. 
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.
(Ord. 93-20 § 1)
Except as otherwise provided, the provisions of this chapter shall be administered and enforced by the building official, or designee.
(Ord. 93-20 § 1)
A notice of intention to abate and remove a vehicle or part thereof as a public nuisance 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 de-termine ownership. The service is complete at the time of such deposit. The notice shall contain a statement of 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. 93-20 § 1)
A notice of intention to abate shall not be required if any of the following conditions are satisfied:
A. 
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. 
The vehicle or part thereof is valued at less than one hundred dollars by the building official, is parking, resting or otherwise immobilized on any street, highway or public right-of-way, and due to the absence of a motor, transmission, wheels or other equipment, may not be operated safely on the highways of the state of California;
C. 
The vehicle or part thereof is valued at less than three hundred dollars by the building official and the building official complies with Vehicle Code Section 22850.3, et seq., in removing the vehicle; or
D. 
1. 
The vehicle or part thereof is inoperable due to the absence of a motor, transmission or wheels and is incapable of being towed,
2. 
The vehicle or part thereof is valued at less than two hundred dollars by the building official,
3. 
The building official has determined that the vehicle or part thereof is a public nuisance presenting an immediate threat to public health or safety,
4. 
The property owner has signed a release authorizing the removal and waiving further interest in the vehicle or part thereof, and
5. 
The vehicle is located upon a parcel that is either zoned for agricultural use or is not improved with a residential structure containing one or more dwelling units.
If a vehicle is removed pursuant to subsection D of this section, prior to final disposition, the registered or legal owner shall be notified of the intent to dispose of the vehicle or part thereof. If the vehicle or part thereof is not claimed and removed from the scrapyards, automobile dismantler's yard or public disposal area within twelve days after the notice to dispose of vehicle is mailed, final disposition may proceed.
(Ord. 93-20 § 1)
Upon a timely request by the owner of the property on which the vehicle is located or the owner of the vehicle, a public hearing shall be held on the question of abatement and removal of the vehicle or part thereof as an abandoned, wrecked, dismantled or inoperative vehicle and the assessment of the administrative costs, including attorney fees, and the cost of removal of the vehicle or part thereof against the property on which it is located. This request shall be made in writing to the building official within ten days after the mailing of the notice of intention to abate and remove the vehicle or at the time of signing a release authorizing the removal and waiving further interest in the vehicle or part thereof. If the owner of the property 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 property owner. If the request for a hearing is not received within such period, the building official shall have the authority to remove or cause the removal of the vehicle.
(Ord. 93-20 § 1)
A. 
All hearings under this chapter shall be held before the building official or his designee as hearing officer, who shall hear all relevant facts and testimony. The facts and testimony may include evidence on the condition of the vehicle or part thereof and the circumstances concerning its location on private or public property. The hearing officer shall not be limited by the technical rules of evidence. The owner of the land on which the vehicle is located may appear in person at the hearing or present a 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.
B. 
The hearing officer may impose such conditions and take such other action as he deems appropriate under the circumstances to carry out the purpose of this chapter. He may delay the time for removal of the vehicle or part thereof if, in his opinion, the circumstances justify it. At the conclusion of the public hearing, the hearing officer may find that a vehicle or part thereof has been abandoned, wrecked, dismantled, or is inoperative and order the same removed from the property as a public nuisance and disposed of as hereinafter provided and determine the administrative costs, including attorneys fees, and the cost of removal to be charged against the owner of the parcel of land on which the vehicle or part thereof is located. The order requiring removal shall include a description of the vehicle or part thereof and the correct identification number and license number of the vehicle, if available at the site.
C. 
If it is determined at the hearing that the vehicle was placed on the land without the consent of the land owner and that he has not subsequently acquiesced in its presence, the hearing officer shall not assess the cost of administration or removal of the vehicle against the property upon which the vehicle is located or otherwise attempt to collect such costs from the land owner.
D. 
If an interested party makes a written presentation to the hearing officer but does not appear, he shall be notified in writing of the decision.
(Ord. 93-20 § 1)
Any interested party may appeal the decision of the hearing officer by filing a written notice of appeal with the city clerk within ten days after the decision and by paying the appeal fee set by resolution. Such appeal shall be heard by the city council which may affirm, amend or reverse the order or take any other action deemed appropriate. The city clerk shall give written notice of the time and place of the hearing to the appellate and those persons specified in Section 10.32.040. In conducting the hearing, the city council shall not be limited by the technical rules of evidence. The decision of the city council shall be final.
(Ord. 93-20 § 1)
A. 
Five days after adoption of the hearing officer order, five days from the date of mailing of notice of decision if such notice is required, or fifteen days after such action of the city council authorizing removal following appeal, the vehicle or parts thereof may be disposed of by removal to a scrapyard or automobile dismantler's yard. If such commercial channels are not available or are inadequate, the vehicle or parts may be disposed of at any public disposal area which will accept the same.
B. 
After a vehicle has been removed, it shall not thereafter be constructed 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, in which cases the vehicle may be reconstructed or made operable.
(Ord. 93-20 § 1)
Neither the city, its employees, agents or contractors shall be liable for damage caused to a vehicle or part thereof by removal pursuant to this chapter.
(Ord. 93-20 § 1)
Within five days after the date of removal of the vehicle or part thereof, notice shall be given to the department of motor vehicles identifying the vehicle or part 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 or license plates.
(Ord. 93-20 § 1)
The building official, or the city council on appeal, shall determine the administrative costs and the cost of removal to be charged. If the administrative costs and the cost of removal are charged against the owner or a parcel of land pursuant to this chapter and are not paid within thirty 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 taxes.
(Ord. 93-20 § 1)
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 part thereof declared to be a nuisance pursuant to this chapter.
(Ord. 93-20 § 1)
No person shall fail or refuse to remove an abandoned, wrecked, dismantled or inoperative vehicle or part 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 such state law is applicable.
(Ord. 93-20 § 1)
A. 
It is unlawful for any person to abandon, park, store, leave or permit the abandonment, parking, storing or leaving of any licensed or unlicensed vehicle or part thereof which is in an abandoned, wrecked, dismantled or inoperative condition upon any private or public property within the city for a period in excess of ten days unless such vehicle is stored or parked in a lawful manner on private property in connection with the business of a licensed dismantler, licensed vehicle dealer or county-approved junkyard.
B. 
Any individual violating any provision of this chapter shall be deemed guilty of an infraction offense and punished by a fine not exceeding two hundred dollars for a second violation of the same site and perpetrated by the same individual. The third and any additional violation on the same site and perpetrated by the same individual shall constitute a misdemeanor offense and shall be punishable by a fine not exceeding one thousand dollars or six months in jail, or both such fine and jail term.[1]
[1]
Note: Editor's Note: Ord. 93-20 included a textual error in this section. This error has been editorially corrected, but a future ordinance will formally make this change.
(Ord. 93-20 § 1)
A violation of this chapter is declared to be unlawful and a public nuisance. The city attorney shall be authorized to commence action or actions for the abatement, and removal and enjoinment thereof and for the collection of the costs of abatement, including administrative and attorney's fees and civil penalties in the manner provided by law.
(Ord. 93-20 § 1)
All remedies provided for in this chapter shall be cumulative and not exclusive. The conviction and punishment of any person hereunder shall not relieve such person from the responsibility of abating and removing an abandoned, wrecked, dismantled or inoperative vehicle or parts thereof.
(Ord. 93-20 § 1)