In addition to and in accordance with the determination made and the authority granted by the state, under Vehicle Code § 22660, 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 abandoned, wrecked, dismantled or inoperative vehicles, or parts thereof, on public or private property, not 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. Therefore, the presence of an abandoned, wrecked, dismantled or inoperative vehicle, or parts thereof, on private or public property, not including highways, except as expressly hereinafter permitted, is hereby declared to constitute a public nuisance which may be abated as such in accordance with the provisions of this chapter.
(Code 1980, § 8.25.010; Ord. No. 387, § 1, 1989; Ord. No. 870 (Recodification), 2014)
For the purpose of this chapter, the following words and phrases are defined and shall be construed as hereinafter set out, unless it is apparent from the context that a different meaning was intended:
"Code enforcement officer"
means the city manager for the city and his or her duly authorized representatives.
"Highway"
means a way or place of whatever nature, publicly maintained and open to the use of the public for purposes of vehicular travel. The term "highway" includes the term "street."
"Owner of the land"
means the owner of the land on which the vehicle, or parts thereof, is located, as shown on the last equalized assessment roll.
"Owner of the vehicle"
means the last registered owner and legal owner of record.
"Public property"
does not include the term "highway."
"Vehicle"
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.
(Code 1980, § 8.25.020; Ord. No. 387, § 1, 1989; Ord. No. 870 (Recodification), 2014)
A. 
This chapter shall not apply to:
1. 
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
2. 
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 or a junkyard.
B. 
Nothing in this section shall authorize the maintenance of a public or private nuisance as defined under provisions of law other than Vehicle Code § 22650 et seq., and this chapter.
(Code 1980, § 8.25.030; Ord. No. 387, § 1, 1989; Ord. No. 870 (Recodification), 2014)
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 enacted by the city, the state or any other legal entity or agency having jurisdiction, before or after the effective date of the ordinance codified in this chapter.
(Code 1980, § 8.25.040; Ord. No. 387, § 1, 1989)
Except as otherwise provided in this chapter, the provisions of this chapter shall be administered and enforced by the city manager, the code enforcement officer, or their duly authorized designees. In the enforcement of this chapter, such officers and their 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.
(Code 1980, § 8.25.050; Ord. No. 387, § 1, 1989)
When the city council has contracted with, or granted a franchise to, any person, such person shall be authorized to enter upon private property to remove or cause the removal of a vehicle, or parts thereof, declared to be a nuisance pursuant to this chapter.
(Code 1980, § 8.25.060; Ord. No. 387, § 1, 1989; Ord. No. 870 (Recodification), 2014)
The city council shall from time to time determine and fix an amount to be assessed as administrative costs under this chapter.
(Code 1980, § 8.25.070; Ord. No. 387, § 1, 1989)
Upon discovering the existence of an abandoned, wrecked, dismantled or inoperative vehicle, or parts thereof, on private or public property within the city, the code enforcement officer shall have the authority to cause the abatement and removal thereof in accordance with the procedures prescribed in this chapter.
(Code 1980, § 8.25.080; Ord. No. 387, § 1, 1989)
A ten-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 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 or unless the property owner and the owner of the vehicle have signed releases authorizing removal and waiving further interest in the vehicle or part thereof. However, the notice of intention is not required for removal of a vehicle or part thereof that is inoperable due to the absence of a motor, transmission, or wheels and incapable of being towed, is valued at less than $200.00 by a person specified in Vehicle Code § 22855, and is determined by the city to be a public nuisance presenting an immediate threat to public health or safety, provided that the property owner has signed a release authorizing removal and waiving further interest in the vehicle or part thereof. The notice of intention shall include the following information:
A. 
Title statement: Notice of intention to abate and remove an abandoned, wrecked, dismantled or inoperative vehicle or parts thereof as a public nuisance;
B. 
Name and address of:
1. 
The owner of the land as shown on the last equalized assessment roll; and
2. 
The last registered and/or legal owner of record of the vehicle, if known;
C. 
Description of the vehicle (or parts of a vehicle), including make, model, license number, and vehicle identification number, if known;
D. 
Description of the location of the private property or public property where the vehicle (or parts of a vehicle) is located;
E. 
Notice that within ten days of the date of mailing of the notice of intention to abate:
1. 
Removal of the vehicle (or parts of a vehicle) shall be required;
2. 
A written request for a public hearing may be submitted to the code enforcement officer; or
3. 
The property owner may submit a sworn written statement denying responsibility for the presence of the vehicle (or parts of a vehicle) on their land, with reasons for such denial, which shall be construed as a request for a hearing at which their presence shall not be required or the property owner may appear in person at such hearing; and
4. 
Failure to remove the vehicle, or failure to respond as specified in subsections E.2 or 3 of this section, shall grant the code enforcement officer the authority to remove and abate the vehicle (or parts of a vehicle) as a public nuisance and assess the costs, along with any administrative costs, to the owner of the land without a public hearing;
F. 
Any interested party may appear in person at any hearing requested by the owner of the vehicle or the owner of the land where the vehicle is located or, in lieu thereof, may submit a sworn written statement in time for consideration at such hearing;
G. 
Municipal Code sections which:
1. 
Declare the vehicle (or parts of a vehicle) to be a public nuisance; and
2. 
Authorize the removal and abatement of the vehicle (or parts of a vehicle) by the city;
H. 
Name and title of issuing officer;
I. 
Date of mailing;
J. 
Mailing address of the city and/or abatement authority.
(Code 1980, § 8.25.090; Ord. No. 387, § 1, 1989; Ord. No. 870 (Recodification), 2014)
A. 
Upon request by the owner of the vehicle or owner of the land received by the code enforcement officer within ten days after the mailing of the notices of intention to abate and remove, a public hearing shall be held by the code enforcement officer 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 a vehicle on his or her land within such ten-day period, the statement shall be construed as a request for a hearing which does not require his or her presence. Notice of the hearing shall be mailed, by registered or certified mail, at least ten 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 the ten 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.
(Code 1980, § 8.25.100; Ord. No. 387, § 1, 1989; Ord. No. 870 (Recodification), 2014)
A. 
All hearings under this chapter shall be held before the code enforcement officer who shall hear all facts and testimony he or she 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 code enforcement officer 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 his reasons for such denial.
B. 
The code enforcement officer may impose such conditions and take such other action as deemed appropriate under the circumstances to carry out the purpose of this chapter. He may delay the time for removal of the vehicle, or parts thereof, if, in his opinion, the circumstances justify it. At the conclusion of the public hearing, the code enforcement officer 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 hereinafter provided and determine the administrative costs and the cost of removal to 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 he has not subsequently acquiesced in its presence, the code enforcement officer 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 his or her land but does not appear, or if an interested party makes a sworn written presentation to the code enforcement officer but does not appear, he shall be notified in writing of the decision.
(Code 1980, § 8.25.110; Ord. No. 387, § 1, 1989; Ord. No. 870 (Recodification), 2014)
A. 
Any interested party may appeal the decision of the code enforcement officer by filing a written notice of appeal with the city clerk, within five days after the decision.
B. 
Such appeal shall be heard by the city council which may affirm, amend or reverse the order or 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 8.25.090.
D. 
In conducting the hearing, the city council shall not be limited by the technical rules of evidence.
(Code 1980, § 8.25.120; Ord. No. 387, § 1, 1989; Ord. No. 870 (Recodification), 2014)
Five days after adoption of the order declaring the vehicle, or parts thereof, to be a public nuisance, or five days from the date of mailing of notice of the decision if such notice is required by section 8.25.110, 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.
(Code 1980, § 8.25.130; Ord. No. 387, § 1, 1989; Ord. No. 870 (Recodification), 2014)
Within five 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.
(Code 1980, § 8.25.140; Ord. No. 387, § 1, 1989)
If the administrative costs and the cost of removal which are charged against the owner of a parcel of land pursuant to section 8.25.090 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 Government Code § 38773.5 and shall be transmitted to the tax collector for collection. The assessment shall have the same priority as other city taxes.
(Code 1980, § 8.25.150; Ord. No. 387, § 1, 1989; Ord. No. 870 (Recodification), 2014)
It is unlawful and a misdemeanor for any person to abandon, park, store, leave or permit the abandonment, parking, storing or leaving of any licensed or unlicensed vehicle, or parts 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 five days, unless such vehicle, or parts 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 parked in a lawful manner on private property in connection with the business of a licensed dismantler, licensed vehicle dealer or a junkyard.
(Code 1980, §8.25.160; Ord. No. 387, § 1, 1989)
It is unlawful and a misdemeanor for any person to fail or refuse to remove an abandoned, wrecked, dismantled or inoperative vehicle, or parts 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.
(Code 1980, § 8.25.170; Ord. No. 387, § 1, 1989)