The City shall have the power and authority to abate and remove
as public nuisances all abandoned, wrecked, dismantled or inoperative
vehicles or parts thereof from private, or public property and to
recover the cost of administration and removal thereof as provided
in this Article. Such public nuisances on private property shall be
those prohibited by Section 17.140.010(J).
(Prior code § 2086)
As used in this Chapter:
means a way or place of whatever nature. publicly maintained
and opened to the use of the public for purposes of vehicular travel.
Highway includes street.
means a state of immobilization which cannot be remedied
except by the performing of a repair or mechanical act.
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 § 2087)
A.
This
Chapter shall not apply to:
1.
A
vehicle or part thereof which is completely enclosed within a building
or behind a solid fence six feet in height in a lawful manner where
it is not visible from the street, or other public or private property;
or
2.
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.
B.
This
Chapter shall apply only to vehicles whose value does not exceed $100.00
as that value is determined by the officer or deputy designated by
the City Council to administer or enforce the provisions of this Chapter.
That determination of value may be rebutted at the hearing on removal
and assessment of costs.
C.
Nothing
in this Section shall authorize the maintenance of a public or private
nuisance as defined under provisions of the law other than Chapter
10 (commencing with Section 22650) of Division 11 of the Vehicle Code
and this Chapter.
(Prior code § 2088)
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 § 2089)
Except as otherwise provided herein, the provisions of this
Chapter for the removal of abandoned vehicles shall be administered
by the Chief of Police, or authorized deputy, who are regularly salaried.
full-time employees of the City, except that the removal of vehicles
or parts thereof may be by any other duly authorized person. In the
enforcement of these provisions, such officer and his or her deputies
may enter upon private or public property to examine a vehicle or
part thereof, or to 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 Chapter.
(Prior code § 2090)
The City Council shall from time to time determine and fix by
resolution an amount to be assessed as administrative and vehicle
removal costs under this Chapter, including but not limited to police
and staff time reasonably related to removal procedures.
(Prior code § 2091)
Not less than ten days prior to abatement and removal of any
vehicle pursuant to this Chapter, the Chief of Police shall give a
notice of intention to abate and remove the vehicle or part thereof
as a public nuisance. 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 shah include notice
to the property owner that he or she 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 or her reasons for
such denial in lieu of hearing. 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 § 2092)
A.
A public
hearing shall be held before the City Manager, or designee, upon request
for such hearing by the owner of the vehicle or the owner of the land
on which such vehicle was located. This request shall be made to the
Chief of Police 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 presence of the vehicle on his or her land within such time, this
statement shall be construed as a request for hearing which does not
require the presence of the owner submitting such a request. If such
a request is not received within such period, the Chief of Police
shall have the authority to remove the vehicle.
B.
The
owner or agent of 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 or her reasons for such denial. At the hearing, the City
Manager or designee shall consider all facts, testimony and sworn
written statements as to the condition of the vehicle, or part thereof,
and the circumstances concerning its location on the said property.
The hearing officer shall not be limited by technical rules of evidence.
At the conclusion of the hearing, the City Manager, or designee, may
make such orders and impose such conditions and take such other action
as he or she deems appropriate under the circumstances to carry out
the purposes of this Chapter. The hearing officer may find that the
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
provided herein and determine that the administrative costs and the
costs of removal to be charged against the owner of the parcel of
land on which the vehicle, or part thereof, was located are justified.
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 at the hearing that the vehicle was placed on the
land without the consent of the landowner and that he or she is not
subsequently acquiesced in its presence, the hearing officer shall
overturn the imposition of costs of administration or removal of the
vehicle against the property upon which the vehicle is located.
D.
If
an interested party makes a written presentation to the hearing officer
but does not appear, he or she shall be notified in writing of the
decision.
(Prior code § 2094; Ord. 1673(20) § 42)
(Prior code § 2095; Ord. 1673(20) § 30)
Five days after the adoption of the order declaring the vehicles or parts thereof to be a public nuisance, five days after the date of mailing of notice of the decision if such notice is required by Section 10.44.080 or 15 days after such action of the governing body authorizing removal following appeal, the vehicles or parts thereof may be disposed of by removal to a scrapyard or automobile dismantler's yard, or to any suitable site operated by a local agency for processing as scrap, or other final disposition consistent with the requirements of Vehicle Code Section 22661, et seq. The party removing the vehicle, or parts thereof, may in so doing enter upon the private or public property on which it is located. After removal, a vehicle shall not be reconstructed or made operative 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 § 2096)
Within five days after the date of removal of the vehicle or
part 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 § 2097)
If the administrative costs and the cost of removal which are charged against the owner of a parcel of land pursuant to Section 10.44.080 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 and shall be transferred to the tax collector for collection. Said assessment shall have the same priority as other City taxes.
(Prior code § 2098)
It shall be unlawful and a misdemeanor 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.
(Prior code § 2099)
