In addition to and in accordance with the determination made and the authority granted by the state under Section 22660 of the Vehicle Code of the state 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 one or more 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 one or more abandoned, wrecked, dismantled or inoperative vehicles 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 chapter. (C.V.C. 22660, et seq.)
(Ord. 409 § 2, 1981)
This chapter 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 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 of the state and this chapter.
(Ord. 409 § 2, 1981)
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 the other regulatory codes, statutes and ordinances heretofore and hereafter enacted by the city, the state or any other legal entity or agency having jurisdiction.
(Ord. 409 § 2, 1981)
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 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 chapter.
(Ord. 409 § 2, 1981)
A. 
A public hearing shall be held on the question of abatement and removal of a vehicle or part 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 part thereof against the property on which it is located. Notice of hearing shall be mailed at least ten days before the hearing by certified mail, with a five-day return requested, to the owner of the land as shown on the last equalized assessment roll and to the last registered and legal owner of record of the vehicle unless the vehicle is in such condition that identification numbers are not available to determine ownership. If any of the foregoing notices are returned undelivered by the United States Post Office, the hearing shall be continued to a date not less than ten days from the date of such return.
B. 
Notice of such hearing shall also be given to the California Highway Patrol, identifying the vehicle or part thereof proposed for removal, such notice to be mailed at least ten days prior to the public hearing.
(Ord. 409 § 2, 1981)
A. 
All hearings under this chapter shall be held before the city manager, acting as hearing officer, who shall hear all facts and testimony he deems pertinent. Such facts and testimony may include testimony on the condition of the vehicle or part thereof and the circumstances concerning its location on such private property 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 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 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 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 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.
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. 409 § 2, 1981)
A. 
Any interested party may appeal the decision of the hearing officer by filing a written notice of appeal with the hearing officer within five days after his decision. Such appeal shall be heard by the city council, which may affirm, amend or reverse the order or take other action deemed appropriate.
B. 
The city clerk shall give written notice of the time and place of the hearing to the appellant and those persons specified in Section 10.28.070. In conducting the hearing, the city council shall not be limited by the technical rules of evidence.
(Ord. 409 § 2, 1981)
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 10.28.080, or 15 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 scrap yard or automobile dismantler's yard. After a vehicle has been removed, it shall not thereafter be reconstructed or made operable.
(Ord. 409 § 2, 1981)
Within five days after the date of removal of the vehicle or part thereof, notice shall be given to the Department of Motor Vehicles of the state, 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 of title and license plates.
(Ord. 409 § 2, 1981)
If the administrative costs and cost of removal which are charged against the owner of a parcel of land pursuant to Section 10.28.080 are not paid within 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 of the state, and shall be transmitted to the tax collector for collection. Such assessment shall have the same priority as other city taxes.
(Ord. 409 § 2, 1981)
It is unlawful for any person to 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. 409 § 2, 1981)