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 abate and remove abandoned, wrecked, dismantled or
inoperative vehicles or parts thereof as public nuisances, the City
Council hereby makes the following findings and determinations.
The accumulation and storage of abandoned, wrecked, dismantled
or inoperative vehicles or parts 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.
(Ord. 99-948 § 2)
The presence of an abandoned, wrecked, dismantled or inoperative
vehicle or parts thereof on private or public property, except as
expressly provided by this code or by other statute, is hereby declared
to constitute a public nuisance which may be abated and removed in
accordance with the provisions of this chapter.
(Ord. 99-948 § 2)
As used in this chapter:
means and includes:
Any vehicle or part that is parked, stored or left on public
or private property in such inoperative or neglected condition that
the owner's intention to relinquish all rights or interests in it
may be reasonably concluded;
Any vehicle or part that is wrecked, dismantled or inoperative, and that is parked, stored, or left on public or private property, except as provided in Section 8.44.050 of this chapter;
Any vehicle left, parked, resting or otherwise immobilized on
any highway or public right-of-way which lacks an engine, transmission,
wheels, tires, doors, windshield or any other part or equipment necessary
to operate safely on the highway.
means and includes all costs incurred in the abatement and
removal of a vehicle or part including, but not limited to, hearing
costs, staff costs, legal costs, overhead, administration, appeal
costs, assessment confirmation hearing costs, towing and removal costs
and the costs of storage and sale.
means and includes those regularly salaried full-time employees
of the City as designated by the City Manager whose duties include
enforcement of this chapter.
means and includes any vehicle that is partially or wholly
disassembled.
means and includes a way or place of whatever nature open
to the use by the public for purposes of vehicular travel. Highway
includes street. Highway includes City maintained as well as non-city
maintained public highways.
means and includes any motor vehicle that cannot be moved
under its own power.
means and includes a peace officer as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code, or any employee of the Sheriff's Department or California Highway Patrol designated to enforce the provisions of this chapter.
means and includes any abandoned vehicle, or any vehicle
or part that is wrecked, dismantled or inoperative, that is left on
public or private property, and that creates a condition tending to
reduce the value of private property, promote blight and deterioration,
invite plundering, create fire hazards, constitute an attractive nuisance
endangering the health and safety of minors, harbor rodents and insects
or jeopardize health, safety and general welfare.
means and includes highways.
means and includes Chapter 1.16 of this code.
means and includes 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. Vehicle includes the component parts of such device. Vehicle
includes registered and unregistered vehicles.
means and includes the California Vehicle Code.
means any vehicle that is damaged to such an extent that
it cannot be operated safely upon the highway.
(Ord. 99-948 § 2)
No person shall do or commit or cause to be committed any of
the following acts:
A.
Abandon
or permit the abandonment of a vehicle or part on private or public
property;
B.
Park,
store, leave or permit the parking, storing or leaving of a vehicle
or part on private or public property in such inoperative or neglected
condition that all rights or interests of the owner in such vehicle
or part have been relinquished;
C.
Park,
store, leave or permit the parking, storing or leaving of any vehicle
in a wrecked, dismantled, or inoperative condition on private or public
property;
D.
Park,
store, leave or permit the parking, storing or leaving of any vehicle,
on any highway or public right-of-way, which lacks an engine, transmission,
wheels, tires, doors, windshield or any other part or equipment necessary
to operate safely on the highway.
(Ord. 99-948 § 2)
This chapter shall not apply to:
A.
A vehicle
or part 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;
B.
A vehicle
or part which is stored or parked in a lawful manner on private property
in connection with the business of a licensed dismantler, licensed
vehicle dealer or a junk yard;
C.
Nothing
in this section shall authorize the maintenance of a public or private
nuisance.
(Ord. 99-948 § 2)
When the City has contracted with or granted a franchise to
any person(s), such person(s) may remove a vehicle from a highway
or from private or public property, after a determination by a designated
employee or officer, that the vehicle or part is abandoned. Such person
or persons may enter upon private or public property, subject to warrant
requirements under law, to remove or cause the removal of a vehicle
or part pursuant to the provisions of this chapter.
(Ord. 99-948 § 2)
Pursuant to authority under Vehicle Code Section 22660, if a
designated employee or officer has reasonable grounds to believe that
a vehicle or part has been abandoned, or that a wrecked, dismantled,
or inoperative vehicle or part has been parked, stored or left on
public or private property in violation of the provisions of this
chapter, the designated employee or officer may abate and remove the
vehicle or part as a public nuisance in accordance with the procedures
prescribed in this chapter.
(Ord. 99-948 § 2)
In the enforcement of this chapter, a designated employee or
officer may enter upon private property, subject to warrant requirements
under law, to examine a vehicle, or part, to obtain information on
the identity of a vehicle, or to remove or cause the removal of a
vehicle or part pursuant to the provisions of this chapter.
(Ord. 99-948 § 2)
A.
Notices
of intention to abate and remove a vehicle or part as a public nuisance
shall be given not less than 15 days before such abatement and removal,
unless the property owner and the owner of the vehicle have signed
releases authorizing removal and waiving further interest in the vehicle
or part.
B.
Notices
of intention to abate and remove are not required for removal of a
vehicle or part which is inoperative due to the absence of a motor,
transmission or wheels and incapable of being towed, and
1.
The
vehicle or part is valued at less than $200.00 by a person specified
in Vehicle Code Section 22855; and
2.
The
vehicle or part is determined to be a public nuisance presenting an
immediate threat to public health or safety; and
3.
The
property owner has signed a release authorizing removal and waiving
further interest in the vehicle or part; and
4.
The
inoperative vehicle is located upon a parcel that is: (a) zoned for
agricultural use, or (b) not improved with a residential structure
containing one or more dwelling units.
C.
A notice
of intention to abate and remove 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
of the vehicle unless the vehicle or part is in such condition that
identification numbers are not available to determine ownership. This
notice of intention to abate and remove may also be served in person
by a designated employee. When personal service is utilized, the owner
of the land or vehicle shall acknowledge service by signature.
D.
If the
vehicle or part to be abated is located on private property, an additional
notice of intention to abate and remove shall be posted on the property,
in a place most likely to give actual notice to the owner and person
in possession of the property as determined in the sole discretion
of the City Manager or designated employee or officer.
E.
A notice
of intention to abate and remove shall also be affixed to the vehicle.
F.
The
15-day period shall commence on the date on which the last required
notice of intention to abate and remove is mailed, posted on the property,
or affixed to the vehicle, as required by this chapter.
G.
The
form, notices of intention to abate and remove, required herein shall
be in a form(s) approved by resolution of the City Council. Such notices
may be modified from time to time by City Council resolution.
(Ord. 99-948 § 2)
A.
An abatement
hearing shall be held before the City Council upon request of the
owner of the vehicle or part, or upon request of the owner of the
land on which such vehicle or part is located. A request for abatement
hearing shall be made in writing to the City Manager or designee within
10 days after:
1.
The
mailing of the notice of intention to abate and remove, or personal
service of such notice; and
2.
The
posting of the notice of intention to abate and remove on the private
property, if required by this chapter; and
3.
The
affixing of the notice of intention to abate and remove to the vehicle.
B.
A request for abatement hearing may also be made to the City Manager or designee at the time of signing a release pursuant to Section 8.44.090.
C.
The
property owner may appear in person at the hearing or present a sworn
written statement denying responsibility for the presence of the vehicle
on the land.
D.
If the property owner submits a sworn written statement denying responsibility for the presence of the vehicle on his or her property within the specified 10-day period or at the time of the signing a release pursuant to Section 8.44.090, this statement shall be construed as a request for hearing which does not require the presence of the owner submitting such request.
E.
If a request for abatement hearing is not received within the specified time period, the City Manager or designated employee or officer shall have authority to remove the vehicle or part, order its disposal as provided in this chapter, and collect the costs of abatement as prescribed in Chapters 1.16 and 8.44 of this code or in any other manner allowed by law.
(Ord. 99-948 § 2)
A.
All hearings under this chapter shall be held before the City Council, which shall hear all facts and testimony it deems pertinent. Such facts and testimony may include testimony on the condition of the vehicle or parts thereof and the circumstances concerning its location on the private property or public property. The City Council shall not be limited by the technical rules of evidence. If a sworn statement denying responsibility is submitted pursuant to Section 8.44.100 it shall be received into evidence with, to or without the property owner's presence at the hearing.
B.
The City Council may impose such conditions and take such other action as it deems appropriate under the circumstances to carry out the purpose of this chapter. It may delay the time for removal of the vehicle or parts thereof if, in its opinion, the circumstances warrant. At the conclusion of the public hearing, the City Council 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 provided in this chapter. The Council may make both the cost of removal and administrative costs, as defined in Section 8.44.030 and pursuant to Section 8.44.100, a lien against the property on which the nuisance existed and a personal obligation of the property owner unless otherwise prohibited from doing so. A notice of the Council's decision shall be mailed to all persons notified of the hearing or requesting such notice.
C.
If it
is determined at the hearing that the vehicle was placed on the land
without the consent of the property owner and that the property owner
did not subsequently acquiesce to its presence, the City may 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 cost from such owner.
(Ord. 99-948 § 2)
Upon the failure, neglect or refusal to comply with an abatement order of the City Council within the time period specified by the City Council, the City Manager or designated employee or officer shall abate and remove the vehicle or part, order its disposal as provided in this chapter, and collect the costs of abatement as prescribed in Chapters 1.16 and 8.44 of this code.
(Ord. 99-948 § 2)
A.
Fifteen days after providing all notices required by Section 8.44.090 (if no hearing is requested), or upon failure to comply with an abatement order of the City Council following an abatement hearing held pursuant to Section 8.44.100, the vehicle or parts thereof may be disposed of by removal to a scrap yard or automobile dismantler's yard.
B.
After
a vehicle has been removed, except for those vehicles qualified for
either a horseless carriage or historical vehicle license plate pursuant
to Vehicle Code Section 5004, it shall not thereafter be reconstructed
or made operable.
(Ord. 99-948 § 2)
Within five days after the date of removal of the vehicle or
parts thereof, notice shall be given to the Department of Motor Vehicles
by the City or by the City's authorized contractor if such contractor
removed the vehicle, identifying the vehicle or parts thereof removed.
This notice shall include any evidence of registration available,
including, but not limited to, the registration card, certificates
of ownership and license plates.
(Ord. 99-948 § 2)
Pursuant to the authority granted by Government Code Sections
25845 and 38773.5, the City Council shall from time to time by resolution
fix and determine the amount to be assessed as administrative costs
for the performance of official duties under this chapter, excluding
the actual cost of removal of any vehicle or part thereof under this
chapter.
(Ord. 99-948 § 2)
The City may issue a franchise or execute a contract for the
removal of vehicles or parts thereof pursuant to this chapter.
(Ord. 99-948 § 2)
Upon entry of a second or subsequent civil or criminal judgment
against a property owner within a two-year period for violations of
this division, a court may order the owner to pay treble the costs
of the abatement.
(Ord. 99-948 § 2)
Any violation of this chapter is declared to be a public nuisance and subject to abatement and the imposition of a special assessment in accordance with the provisions of Chapter 1.16 of this code.
(Ord. 99-948 § 2)
The City shall have the right to collect costs of abatement
in any manner authorized by law, including, but not limited to, civil
suit against the owner and/or the person in possession or control
of the property upon which the abatement was performed. The City shall
also have the right to collect costs of abatement by bringing civil
suit against the owner and/or the person in possession of the vehicle
or part that was abated.
(Ord. 99-948 § 2)
This chapter is not the exclusive regulation of abandoned, wrecked,
dismantled or inoperative vehicles within the City, nor of nuisances
within the City. It shall supplement and be in addition 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.
(Ord. 99-948 § 2)
The City Manager, designated employees, and any officer are
responsible for enforcing the provisions of this chapter. Designated
employees, pursuant to Penal Code Section 830.12 and any officer shall
have the power to issue citations for any violations of the provisions
of this chapter and of Vehicle Code Section 22523. No individual shall
exercise the power to issue citations without first meeting the minimum
training requirements of Penal Code Section 832(a). The City Manager
shall administer the provisions of this chapter.
(Ord. 99-948 § 2)
Neither the City nor its contractor(s) shall be liable for damage
caused to a vehicle or part thereof by removal pursuant to this chapter.
(Ord. 99-948 § 2)
