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 remove abandoned, wrecked, dismantled or inoperative
vehicles or parts thereof as public nuisances, the city council makes
the findings and declarations set out in this chapter.
(Prior code Art. 1 § 5-7.01)
The accumulation and storage of abandoned, wrecked, dismantled
or inoperative vehicles or parts thereof on private or public property
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 parts
thereof, on private or public property including highways, except
as expressly permitted in this chapter, constitutes a public nuisance
which may be abated as such in accordance with the provisions of this
chapter.
(Prior code Art. 1 § 5-7.02; Ord. 1643 § 1, 1995)
As used in this chapter:
means a vehicle, or any part thereof, that is: (1) parked, stored or left on public property in such inoperable or neglected condition that the owner's intention to relinquish all rights or interest in it may be reasonably concluded; or (2) wrecked, dismantled or inoperative and is parked, stored or left on public or private property, except as provided in Section 11.44.040 of this chapter.
means the chief of police or chief of police's designee.
means the city manager or city manager's designee.
means a vehicle that is in violation of California Vehicle
Code Section 24002.
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."
means a vehicle that is:
Mechanically incapable of being driven safely on a public street
or highway; or
Prohibited from being operated on a public street or highway
under the California Vehicle Code Section 4000, 5202, 24002, or 40001,
concerning license plates, registration, equipment, safety and related
matters.
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 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.
means a vehicle that is damaged to such an extent that it
cannot be operated safely on a public street or highway.
(Prior code Art. 1 § 5-7.03; Ord. 1643 § 1, 1995; Ord. 1797 § 1, 1999)
This chapter shall not apply to:
A.
A vehicle,
or parts 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 parts 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 and this chapter.
(Prior code Art. 1 § 5-7.04)
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 or hereafter enacted by the city, the state, or any other
legal entity or agency having jurisdiction.
(Prior code Art. 1 § 5-7.05)
Except as otherwise provided herein, this chapter shall be administered
and enforced by the chief of police. To enforce this chapter, the
chief of police may enter upon private property to examine a vehicle,
or parts thereof, or obtain information as to the identity of a vehicle
to determine whether the vehicle is abandoned, wrecked, dismantled,
or inoperative, and therefore, a public nuisance under this chapter.
(Prior code Art. 1 § 5-7.06; Ord. 1797 § 1, 1999)
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 chapter.
(Prior code Art. 1 § 5-7.07; Ord. 1797 § 1, 1999)
The city council shall from time to time determine and fix an
amount to be assessed as administrative costs which may exclude the
actual cost of removal of any vehicle or parts thereof under this
chapter.
(Prior code Art. 1 § 5-7.08; Ord. 1797 § 1, 1999)
A.
Upon
discovering the existence of an abandoned, wrecked, dismantled, or
inoperative vehicle, or parts thereof, on private property or public
property within the city, the chief of police shall have the authority
to cause the abatement and removal thereof in accordance with the
procedure prescribed in this chapter.
B.
The
city, its officers, employees and agents shall not be liable for any
damage caused to the vehicle, or parts thereof, by removal pursuant
to this chapter.
(Prior code Art. 1 § 5-7.09; Ord. 1797 § 1, 1999)
A.
Except as provided in subsection B of this section, a 10-day notice of intention to abate and remove the vehicle, or parts thereof, as a public nuisance shall be secured to the vehicle and a copy of the notice shall be either: (1) served personally on the owner of the vehicle and the owner of the land, (2) mailed by registered or certified mail to the owner of the vehicle and the owner of the land, or (3) posted to the door of the house, apartment, building, or other structure on the property on which the vehicle, or parts thereof, are situated.
The notice of intention shall be in substantially the following
forms:
1.
Notice
to Owner of Land:
|
NOTICE OF INTENTION TO ABATE AND REMOVE AN ABANDONED, WRECKED,
DISMANTLED, OR INOPERATIVE VEHICLE, OR PARTS THEREOF, AS A PUBLIC
NUISANCE
|
|
(Name and address of owner of the land)
|
|
As owner shown on the last equalized assessment roll of the land located at (address), you are hereby notified that pursuant to Chapter 11.44 of the Pleasanton Municipal Code, the undersigned has determined that there exists upon said land an abandoned, wrecked, dismantled or inoperative vehicle, or parts thereof, registered to (name), license number (number), which constitutes a public nuisance.
|
|
You are hereby notified to abate said nuisance by the removal
of said vehicle, or said parts thereof, within 10 days from the date
of mailing or other service of this notice, and upon your failure
to do so, the same shall be abated and removed by the city of Pleasanton
and the costs thereof, together with administrative costs, assessed
to you as the owner of the land on which said vehicle, or parts thereof,
is located. Said vehicle may also be disposed of pursuant to California
Vehicle Code Section 22662.
|
|
As the owner of the land on which said vehicle, or parts thereof,
is located, you are hereby notified that you may, within 10 days after
the mailing or other service of this notice of intention, request
a public hearing and if such a request is not received by the chief
of police within such 10-day period, the chief of police shall have
the authority to abate, remove and dispose of said vehicle, or parts
thereof, 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 parts thereof, on said land, with your reasons for denial,
and such statement shall be construed as a request of hearing at which
your presence is not required. 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.
|
|
Notice mailed: _________________ (date)
|
|
CITY OF PLEASANTON
By: ________________________
Chief of Police
|
2.
Notice
to Owner of Vehicle:
|
NOTICE OF INTENTION TO ABATE AND REMOVE AN ABANDONED, WRECKED,
DISMANTLED OR INOPERATIVE VEHICLE, OR PARTS THEREOF, AS A PUBLIC NUISANCE
|
|
(Name and address of owner of the vehicle)
|
|
As last registered (and/or legal) owner of record of (description of vehicle make, model, license) you are hereby notified that pursuant to Chapter 11.44 of the Pleasanton Municipal Code, the undersigned has determined that said vehicle, or parts thereof, 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 Chapter 11.44 of the Pleasanton Municipal Code.
|
|
You are hereby notified to abate said nuisance by the removal
of said vehicle, or said parts thereof, within 10 days from the date
of mailing or other service of this notice, and upon your failure
to do so, the same shall be abated and removed by the city of Pleasanton
and the costs thereof, together with administrative costs, assessed
to you as the owner of the vehicle. Said vehicle may also be disposed
of pursuant to California Vehicle Code Section 22662.
|
|
As registered (and/or legal) owner of record of said vehicle,
or said parts thereof, you are hereby notified that you may, within
10 days after the mailing or other service of this notice of intention,
request a public hearing and if such a request is not received by
the chief of police within such 10-day period, the chief of police
shall have the authority to abate, remove and dispose of said vehicle,
or said parts thereof, as a public nuisance and assess the costs as
aforesaid without a public hearing.
|
|
Notice mailed: _________________ (date)
|
|
CITY OF PLEASANTON
By: ________________________
Chief of Police
|
B.
Without
using the advance notice and hearing procedures under this chapter,
the chief of police may cause to be removed any vehicle, or part thereof,
which meets the following criteria:
1.
It
is inoperable due to the absence of a motor, transmission or wheels
and is incapable of being towed;
2.
It
is valued at less than $200.00 by a person specified as an appraiser
under California Vehicle Code Section 22855;
3.
It
is determined by the chief of police to be a public nuisance presenting
an immediate threat to public health or safety; and
4.
The
owner of the land has signed a release authorizing removal and waiving
further interest in the vehicle or part thereof.
|
Prior to final disposition of the vehicle or part removed pursuant
to this section, for which evidence of registration was recovered,
the chief of police shall provide to the registered and legal owners
of the vehicle notice of the city's intent to dispose of the vehicle
or part thereof. Evidence of registration shall include the registration
card, certificate of ownership or license plates.
|
|
If the vehicle or part thereof is not claimed and removed within
12 days after the notice is mailed in accordance with California Vehicle
Code Section 22662, final disposition may proceed.
|
(Prior code Art. 1 § 5-7.10; Ord. 1222 § 20, 1985; Ord. 1797 § 1, 1999)
A.
Upon
request by the owner of the land received by the chief of police within
10 days after the mailing or other service of the notices of intention
to abate and remove, a public hearing shall be held by the chief of
police 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.
B.
If
the owner of the land submits a sworn written statement denying responsibility
for the presence of the vehicle on said land within such 10-day period,
the statement shall be construed as a request for a hearing which
does not require the presence of the owner of the land. Notice of
the hearing shall be served either personally or by mailing a copy
of the notice by certified mail, postage prepaid, return receipt requested,
at least 10 days prior to the hearing to the owner of the land and
to the owner of the vehicle, unless the vehicle is in such a condition
that the identification numbers are not available to determine ownership.
If such a request for hearing is not received within the 10 days after
mailing or other service 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.
(Prior code Art. 1 § 5-7.11; Ord. 1797 § 1, 1999)
If within 10 days after the mailing or other service of the notice of intention to abate and remove under Section 11.44.100 of this chapter, a request for a public hearing is not received by the chief of police, then the notice of intention to abate shall become the final decision to abate and remove. The chief of police shall have the authority to abate and remove said vehicle, or parts thereof, as a public nuisance and dispose of said vehicle, or parts thereof, by removal to a scrapyard or automobile dismantler's yard, and assess the costs therefor in accordance with Section 11.44.170 of this chapter. After a vehicle has been removed it shall not thereafter 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 Section 5004 of the California Vehicle Code, in which case the vehicle may be reconstructed or made operable.
(Ord. 1797 § 1, 1999)
A.
All
hearings under this chapter shall be held before the city manager,
who shall hear all facts and testimony the city manager deems pertinent.
The 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 manager
shall not be limited by the technical rules of evidence. The owner
of the land may appear in person at the hearing or present a sworn
written statement in time for consideration at the hearing, and deny
responsibility for the presence of the vehicle on the land with reasons
for such denial.
B.
The
city manager may impose such conditions and take such other action
as the city manager deems appropriate under the circumstances to carry
out the purpose of this chapter. The city manager may delay the time
for removal of the vehicle or parts thereof if, in the city manager's
opinion, the circumstances justify it. At the conclusion of the public
hearing, the city manager 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
city manager may also determine the administrative costs and the cost
of removal be charged against the owner of the land. The order requiring
removal shall include a description of the vehicle or parts 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 owner of the land and that the owner
of the land has not subsequently acquiesced in its presence, the city
manager shall not assess the 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 owner of the
land.
D.
If
the owner of the land submits a sworn written statement denying responsibility
for the presence of the vehicle on said land but does not appear,
or if an interested party makes a written presentation to the city
manager but does not appear, the owner of the land shall be notified
in writing of the decision.
(Prior code Art. 1 § 5-7.12; Ord. 1797 § 1, 1999)
A.
Any
interested party may appeal the decision of the city manager by filing
a written notice of appeal with the city manager within five days
after the city manager's decision.
B.
Such
appeal shall be heard by the city council which may affirm, amend
or reverse the order to take other action deemed appropriate.
C.
The Clerk shall give written notice of the time and place of the hearing to the appellant and those persons specified in Section 11.44.100 of this chapter.
D.
In
conducting the hearing the city council shall not be limited to the
technical rules of evidence.
(Prior code Art. 1 § 5-7.13; Ord. 1797 § 1, 1999)
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 or other service of notice of the decision if such notice is required by Section 11.44.130 of this chapter, or 15 days after such action of the governing body authorizing removal following appeal, the vehicle or parts thereof may be disposed of by removal to a scrapyard or automobile dismantler's yard. After a vehicle has been removed it shall not thereafter 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 Section 5004 of the California Vehicle Code, in which case the vehicle may be reconstructed or made operable.
(Prior code Art. 1 § 5-7.14; Ord. 1222 § 20, 1985; Ord. 1797 § 1, 1999)
Within 5 days after the date of removal of the vehicle or parts
thereof, notice shall be given to the Department of Motor Vehicles
identifying the vehicle or parts 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 Art. 1 § 5-7.15; Ord. 1797 § 1, 1999)
If the administrative costs and the cost of removal which are charged against the owner of the land pursuant to Section 11.44.130 of this chapter 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 and shall be transmitted to the tax collector for collection. The assessment shall have the same priority as other city taxes.
(Prior code Art. 1 § 5-7.16; Ord. 1797 § 1, 1999)
No person shall obstruct, impede or interfere with any person
who is engaged in abatement actions performed pursuant to this chapter
or who is directing or performing any act necessary or incidental
to such abatement including, but not limited to, any inspections taken
as part of an investigation into the existence of or enforcement action
taken to abate a public nuisance under this chapter, and any sign
or posting used by the chief of police as part of any abatement actions
taken under this chapter.
(Ord. 1797 § 1, 1999)
In accordance with Section 22658 of the California Vehicle Code, the owner or person in lawful possession of any private property may cause removal of unauthorized parked vehicles on said property provided certain procedural steps are met, including the displaying of a sign of a size specified by local ordinance giving notice that unauthorized vehicles may be removed. This section and Section 11.44.200 of this chapter are intended to allow implementation of California Vehicle Code Section 22658 by owners or persons in lawful possession of private property by establishing a size for such signs.
(Prior code Art. 2 § 5-7.01; Ord. 1164 § 1, 1985; Ord. 1797 § 1, 1999)
The minimum size sign shall be the minimum size specified in
Vehicle Code Section 22658. If the notice provisions of Vehicle Code
Section 22658 are combined with notice provisions required to be placed
on a larger sign (e.g., Section 21107.8 of the Vehicle Code, 17-inch
by 22-inch signs for a parking facility subject to public traffic
regulations and control), the minimum dimensions shall be the size
of the larger-sized sign.
(Prior code Art. 2 § 5-7.02; Ord. 1164 § 1, 1985; Ord. 1306 § 1, 1987; Ord.
1797 § 1, 1999)
