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 council finds and determines that the accumulation and storage of abandoned, wrecked, dismantled, or inoperative vehicles or parts thereof on private or public property not including highways creates 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 minor, to create a harborage for rodents and insects and to be injurious to the health, safety and general welfare.
(Prior code § 3-5.01; Ord. 1421 § 1, 1968)
The presence of an abandoned, wrecked, dismantled or inoperative vehicle or parts thereof, on private or public property not 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 chapter.
(Prior code § 3-5.02; Ord. 1421 § 1, 1968)
For the purpose of this chapter, the following words, terms or phrases shall have the meaning set forth herein. When not inconsistent with the context, words used in any particular tense, number or gender include any other tense, number and gender. The word "may" is always directory and discretionary and not mandatory; the word "shall" is always mandatory and not directory or discretionary.
"City"
means the city of Sunnyvale, California.
"City manager"
means the chief executive officer of the city of Sunnyvale.
"Council"
means the city council of the city of Sunnyvale.
"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."
"Person"
means any natural person, firm, association, organization, partnership, trust, or association of persons, joint venture, corporation or company, and any officer or agent thereof.
"Public property"
means any real property owned in fee simple by, or in which the city of Sunnyvale, the Regents of the University of California, the state of California or any other city, county, city and county, district, public authority, public agency and any other political subdivision or public corporation in the state of California, or the United States of America owns any interest. The term "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 § 3-5.03; Ord. 1421 § 1, 1968)
The provisions of this chapter shall not apply to any of the following:
(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 any part, or parts, thereof which is, or are, 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 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 § 3-5.04; Ord. 1421 § 1, 1968)
This chapter is not the exclusive regulation of abandoned, wrecked, dismantled or inoperative vehicles within the city. It shall supplement and be in addition to other provisions of this code or to 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 § 3-5.05; Ord. 1421 § 1, 1968)
Except as otherwise provided herein, the provisions of this chapter shall be administered and enforced by the chief of the department of public safety of the city or by any other regularly salaried, full-time officer or employee of the city designated by the city manager. In the enforcement of this chapter the chief, or any officer or employee of the department of public safety, or any other officer or employee of the city designated by the city manager 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 § 3-5.06; Ord. 1421 § 1, 1968)
(a) 
Nothing contained herein shall prevent the council from executing a contract or issuing a franchise for the removal of abandoned, wrecked, dismantled or inoperative vehicles or any part or parts thereof in accordance with this chapter.
(b) 
When the 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 § 3-5.07; Ord. 1421 § 1, 1968)
The council by resolution adopted from time to time shall determine and fix an amount to be assessed as administrative costs under this chapter and which shall include the cost of removal in the event the council does not contract with or grant a franchise to any person or persons as provided in Section 9.24.070.
(Prior code § 3-5.08; Ord. 1421 § 1, 1968)
Notice of intention to abate and remove the vehicle or part thereof as a public nuisance shall be given not less than ten days prior to intended removal. 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 mail, to the owner of the land as shown on the last equalized assessment roll and to the last registered and legal owner of record unless the vehicle is in such condition that identification numbers are not available to determine ownership.
(Prior code § 3-5.09; Ord. 1421 § 1, 1968; Ord. 1610-71 § 1, 1971)
The city shall hold a public hearing upon request of the owner of the vehicle or the owner of the land on which such vehicle was located. The request shall be made to the chief of the department of public safety within ten days after the mailing of 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, this statement shall be construed as a request for hearing which does not require the presence of the owner submitting such request. If such a request is not received within such period, the chief of the department of public safety shall have the authority to remove the vehicle forthwith.
(Prior code § 3-5.10; Ord. 1421 § 1, 1968)
(a) 
All hearings under this chapter shall be held before the chief of the department of public safety, or such public safety commander or captain as the chief may designate.
(b) 
At the time set for a hearing, or at any adjournment thereof, the person holding the hearing, and who shall not be limited by the technical rules of evidence, shall proceed to hear the matter and all facts and testimony which that person deems pertinent. The facts and testimony may include testimony on the condition of the vehicle or part thereof and the circumstances concerning its location on the said private property or public property.
(c) 
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.
(Prior code § 3-5.11; Ord. 1421 § 1, 1968; Ord. 1610-71 § 1, 1971)
(a) 
At the conclusion of the public hearing, the person holding the hearing may find that a vehicle or part 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 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.
(b) 
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 person holding the hearing 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 costs from such land owner.
(c) 
The person holding the hearing may impose such conditions and take such other action as he deems appropriate under the circumstances to carry out the purpose of this chapter.
(d) 
If any interested party makes a written presentation to the person holding the hearing but does not appear, he shall be notified in writing of the decision or order.
(Prior code § 3-5.12; Ord. 1421 § 1, 1968)
(a) 
Any person aggrieved by a decision or order requiring removal made by the person holding the hearing required in Section 9.24.120 may appeal such decision or order to the council. The appeal which shall be in writing and which shall state the specific grounds upon which the appeal is made shall be filed with the city clerk within five days following the day upon which the person holding the hearing adopts an order requiring removal or other decision. The council at its first regular meeting following filing of the written appeal shall set the appeal for hearing. The city clerk shall serve written notice of the time, location and date of the hearing in the manner and upon the persons specified in Sections 9.24.090 and 9.24.100 and upon the person filing the written appeal.
(b) 
In the event of an appeal from any decision or order requiring removal, the person holding the hearing shall prepare and file with the council a transcript of the hearing, findings of fact and his decision or order.
(Prior code § 3-5.13; Ord. 1421 § 1, 1968)
At the time set for the hearing on an appeal, or at any adjournment thereof, the council, which shall not be limited by the technical rules of evidence, shall proceed to hear the matter. Following the hearing, the council may affirm, amend or reverse the decision or order requiring removal, or take such other action as it deems appropriate under the circumstances to carry out the purpose of this chapter.
(Prior code § 3-5.14; Ord. 1421 § 1, 1968)
Any abandoned, wrecked, dismantled or inoperative vehicle or any part or parts thereof, may be disposed of by removal to a scrapyard or an automobile dismantler's yard, or any suitable site which hereafter may be operated by the city for processing as scrap, or any other place which the council by resolution may designate:
(a) 
Five days following the day upon which an order requiring removal is adopted by the person holding the hearing required in Section 9.24.120; or
(b) 
Five days following the day upon which notice of the decision or order requiring removal is mailed if mailed notice is required pursuant to the provisions of Section 9.24.120; or
(c) 
Fifteen days following the day upon which the council affirms an order requiring removal, or otherwise authorizes removal, in the event of an appeal; whichever shall last occur.
(Prior code § 3-5.15; Ord. 1421 § 1, 1968)
Within five days after the date of removal of a vehicle or any part or parts 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 and license plates.
(Prior code § 3-5.16; Ord. 1421 § 1, 1968)
(a) 
In the event the administrative costs and cost of removal are charged against the owner of the parcel of land on which a vehicle or part thereof is located pursuant to Section 9.24.120, the city forthwith shall mail a bill for such costs by first class mail to the owner at the address shown for such owner on the last equalized Santa Clara County assessment roll.
(b) 
If the administrative costs and the cost of removal which are charged against the owner of a parcel of land are not paid within thirty days of the date of the order requiring removal or the final disposition of an appeal therefrom, whichever is later, 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 Santa Clara County tax collector and auditor for collection. The special assessment shall have the same priority as other city of Sunnyvale taxes.
(Prior code § 3-5.17; Ord. 1421 § 1, 1968)
It is unlawful for any person:
(a) 
To reconstruct or make operable or permit the reconstruction or making operable of any vehicle after it has been removed pursuant to an order issued under the provisions of this chapter;
(b) 
To abandon, park, store, or leave or permit the abandonment, parking, storing or leaving of any licensed or unlicensed vehicle or any part or parts thereof which is in an abandoned, wrecked, dismantled, or inoperative condition upon any private property or public property not including highways within the city for a period in excess of seventy-two or more consecutive hours unless such vehicle, or parts thereof are completely enclosed within a building in a lawful manner where it or they are not visible from the street or other public or private property, or unless such vehicle or parts are stored or parked in a lawful manner on private property in connection with the business of a licensed dismantler, licensed vehicle dealer or a junkyard; or
(c) 
To fail or refuse to remove an abandoned, wrecked, dismantled or inoperative vehicle or any part or parts thereof or refuse to abate such nuisance when ordered to do so in accordance with the abatement provisions of this chapter or any law of the state of California where such state law is applicable.
(Prior code § 3-5.18; Ord. 1421 § 1, 1968)