In addition to and in accordance with the determination made
and the authority granted by the state under Section 22660 et seq.,
of the Vehicle Code to remove abandoned, wrecked, dismantled or inoperative
vehicles or parts thereof as public nuisances, the council of 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 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
hereinafter permitted, is declared to constitute a public nuisance
which may be abated as such in accordance with the provisions of this
article.
(Ord. 1748 § 1, 1983; Ord. 1788 § 1, 1984)
It is unlawful for any person to abandon, park, store, or 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 property or public
property not including highways within the city for a period in excess
of three days unless such vehicle or part thereof is completely enclosed
within a building in a lawful manner where it is not plainly visible
from the street or other public or private property, or unless such
vehicle is stored or parking in a lawful manner on private property
in connection with the business of a licensed dismantler, licensed
vehicle dealer or a junkyard.
(Ord. 1748 § 1, 1983)
For the purposes of this article, the following words and phrases
shall have the meanings respectively ascribed to them by this section:
means a way or place of whatever nature, publicly maintained
and open to the use of the public purposes of vehicular travel. Highway
includes street.
means the owner of the land on which the vehicle, or parts
thereof, is located, as shown on the last equalized assessment roll.
means the last registered owner and legal owner of record.
means the police chief of the City of Roseville or the police
chief's designee.
does not include street or highway.
means a device by which any person or property may be propelled,
moved or drawn upon a highway, except a device moved, or drawn upon
a highway by human power or used exclusively upon stationary rails
or tracks.
(Ord. 1748 § 1, 1983; Ord. 4144 § 1, 2004)
This article shall not 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 or 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.
C.
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 article.
(Ord. 1748 § 1, 1983)
This article 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 other
ordinances heretofore or hereafter enacted by the city, the state,
or any other legal entity or agency having jurisdiction.
(Ord. 1748 § 1, 1983)
Except as otherwise provided herein, the provisions of this
article shall be administered and enforced by the police chief. In
the enforcement of this article, the police chief 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 part thereof declared to be a nuisance
pursuant to this article. Entry upon private property may only occur
after either consent of the property owner or person in lawful possession
of the property or the issuance of a warrant by a court of competent
jurisdiction.
(Ord. 1748 § 1, 1983; Ord. 4144 § 1, 2004)
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 article. Entry upon private property may only occur
after either consent of the property owner or person in lawful possession
of the property or the issuance of a warrant by a court of competent
jurisdiction.
(Ord. 1748 § 1, 1983; Ord. 4144 § 1, 2004)
The administrative cost of processing an auto abatement, excluding
the actual costs of removal of any vehicle or part thereof under this
article, is $100.00.
(Ord. 1748 § 1, 1983; Ord. 2371 § 1, 1990; Ord. 4144 § 1, 2004)
Upon discovering the existence of an abandoned, wrecked, dismantled
or inoperative vehicle, or parts thereof, on private or public property
within the city, the police chief shall have the authority to cause
the abatement and removal thereof in accordance with the procedure
prescribed in this article.
(Ord. 1748 § 1, 1983; Ord. 2171 § 1, 1988)
A 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 owners of the vehicle and to the owners of
the land, if the vehicle is parked on private property, unless the
vehicle is in such condition that identification numbers are not available
to determine ownership. The notices of intention shall be in substantially
the following forms:
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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 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 Section 11. 20.310 of the Roseville 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 Section 11.20.310 of the Roseville Municipal Code.
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You are hereby notified to abate said nuisance by the removal
of said vehicle (or said parts of a vehicle) within 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 Roseville and the costs
thereof, together with administrative costs, assessed to you as owner
of the land on which vehicle (or said parts of a vehicle) is located.
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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
10 days after the mailing of this notice of intention, request a public
heating and if such a request is not received by the Police Chief
within such 10 day period, the Police Chief shall have the authority
to abate and remove the said vehicle (or said 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 10 day
period denying responsibility for the presence of said vehicle (or
said parts of a vehicle) on said land, with your reasons for denial,
and such statement shall be construed as a request for hearing at
which your presence is not required.
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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 ____________(date)
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(s) _____________________
Police Chief
City of Roseville
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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 should be given 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 Section 11.20.310 of the Roseville Municipal Code, has determined that said 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 said Section 11.20.310 of the Roseville Municipal Code.
|
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You are hereby notified to abate said nuisance by the removal
of said vehicle (or said parts of a vehicle) within 10 days from the
date of mailing of this notice.
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As registered (and/or legal) owner of record of said vehicle
(or said parts of a vehicle), you are hereby notified that you may,
within 10 days after the mailing of this notice of intention, request
a public hearing and if such request is not received by the Police
Chief within such 10 day period, the Police Chief shall have the authority
to abate and remove said vehicle (or said parts of a vehicle) without
a hearing.
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Notice mailed _____________(date)
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(s) ______________________
Police Chief
City of Roseville
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(Ord. 1748 § 1, 1983; Ord. 1788 § 2, 1984; Ord. 2171 § 1, 1988)
A.
Upon
written request by the owner of the vehicle or the owner of the land
received, by the police chief within ten days after the mailing of
the notices of intention to abate and remove, a public hearing shall
be held by the police chief or his designee 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 10-day period, such statement shall be construed as a request
for a hearing which does not require his presence. Notice of the hearing
shall be mailed, by registered or certified mail, at least 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 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.
B.
The
owner of 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. 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, then the landowner
shall not be assessed the costs of administration or removal of the
vehicle.
C.
Following
the public hearing the police chief shall make written findings of
fact showing whether the vehicle is an abandoned, wrecked, dismantled
or inoperative vehicle and whether the presence of the vehicle tends
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 or to be injurious to the
health, safety and general welfare. Such written findings of fact
shall be the basis for the decision of the police chief.
D.
Appeal
from any decision of the police chief may be made, in writing, to
the city council within 20 calendar days from the police chief's action.
Within the same 20-day period, the appellant shall pay a fee of $75.00,
no part of which shall be refundable.
(Ord. 1748 § 1, 1983; Ord. 1788 § 3, 1984; Ord. 2171 § 1, 1988)
Upon removal of any vehicle pursuant to this chapter, the police
chief shall give notice to the Department of Motor Vehicles within
five days after the date of removal, identifying the vehicle, or any
part thereof, and any evidence of registration available.
(Ord. 1788 § 4, 1984)
After a vehicle has been removed pursuant to this article, it
shall not be reconstructed or made operable unless it is a vehicle
which qualifies for either horseless carriage license plates or historical
vehicle license plates, pursuant to Vehicle Code Section 5004, in
which case the vehicle may be reconstructed or made operable. A violation
of this section shall be punishable as an infraction.
(Ord. 1788 § 5, 1984)
Upon entry of a second or subsequent civil or criminal judgment
within a two-year period finding that an individual is responsible
for a violation of this chapter, a fine in the amount of three times
the costs of abatement shall be paid by the violator(s).
(Ord. 2323 § 1, 1990)
