The accumulation and storage of abandoned, wrecked, dismantled or inoperative vehicles, or parts thereof, on private property or public property, not including streets, is found to create a condition tending to reduce the value of property, to promote blight and deterioration, to invite plundering, to create fire hazards, to constitute attractive nuisances creating hazards to the health, safety and welfare of minors, to create harborages for rodents and insects, and to be injurious to the public health, safety and general welfare of the citizens of the City. Therefore, the presence of an abandoned, wrecked, dismantled or inoperative vehicle, or part thereof, on private property or public property, including highways, is declared to constitute a public nuisance which may be abated in accordance with the provisions of this chapter.
(Ord. 154-76 § 1, 1976; Ord. 418-93 § 1, 1993)
As used in this chapter the following definitions shall apply:
"Abandoned"
means any vehicle which has been left on private property or on public property, including highways, in such inoperable or neglected condition that the owner's intention to relinquish all further rights or interests in it may be reasonably concluded.
"Enforcement officer"
means the person duly authorized and appointed by the City Manager.
"Highway"
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.
"Public property" does not include "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.
(Ord. 154-76 § 1, 1976; Ord. 418-93 § 2, 1993)
This chapter shall be administered by the enforcement officer, except that the removal of vehicles or parts thereof from property may be by any other duly authorized person. The enforcement officer or other duly authorized person may enter upon private or public property to examine a vehicle, or part thereof, to obtain information as to the identity of and to remove or cause the removal of any vehicle or part thereof declared by the enforcement officer to be a public nuisance by or pursuant to this chapter.
(Ord. 154-76 § 1, 1976)
This chapter shall not apply to the following:
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;
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 or licensed junkyard; provided, however, that this exception shall not authorize the maintenance of a public or private nuisance, as defined under provisions of law, other than as provided by this chapter or Chapter 10 of Division 11 of the State Vehicle Code.
(Ord. 154-76 § 1, 1976)
When the 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 an abandoned, wrecked, dismantled or inoperative vehicle, or parts thereof, declared to be a public nuisance pursuant to this chapter.
(Ord. 154-76 § 1, 1976)
A ten-day notice of intention to abate and remove a vehicle or part thereof as a public nuisance 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 owner of record, unless the vehicle or part thereof is in such condition that identification numbers are not available to determine ownership. Such notice shall contain a statement of the hearing rights of the owner of the property on which the vehicle or part thereof is located and the owner of the vehicle. The statement shall include notice to the property owner of his or her option under Section 7.12.090. Low value vehicles, as defined by California Vehicle Code Section 22661(c), are exempt from the provisions of this section; pursuant to Section 22853 CVC, the Department of Justice must be advised of the abandonment of a vehicle.
(Ord. 154-76 § 1, 1976; amended during 1990 republication; Ord. 418-93 § 3, 1993)
Upon request by the owner of the vehicle or part thereof, or the owner of the land on which such vehicle or part thereof is located, delivered to the enforcement officer within ten days after the posting and mailing of notice of intention to abate and remove the vehicle or part thereof, a public hearing shall be held by the enforcement officer to determine whether the vehicle or part thereof shall be abated and removed as a public nuisance, and whether the administrative costs and the costs of abatement and removal shall be assessed against the land. A sworn written statement of the owner of the land denying responsibility for the presence of the vehicle or part thereof on his or her land shall be construed as a request for a hearing.
(Ord. 154-76 § 1, 1976)
The owner of the land on which the vehicle or part hereof is located may appear in person at the hearing or present a sworn written statement denying responsibility for the presence of the vehicle or part thereof on the land, with his or her reasons for such denial.
(Ord. 154-76 § 1, 1976)
If it is determined at the hearing that the vehicle or part thereof was placed on the land without the consent of the landowner and that he/she has not subsequently acquiesced to its presence, the enforcement officer shall not assess costs of administration or abatement and removal against the land or otherwise attempt to collect such costs from such owner.
(Ord. 154-76 § 1, 1976)
If a request pursuant to Section 7.12.070 is not received or if the enforcement officer after a public hearing so orders, the enforcement officer or other duly authorized person shall abate and remove the vehicle or part thereof from the land in accordance with the provisions of Section 22660 State Vehicle Code. After a vehicle has been abated and removed, it shall not 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 State Vehicle Code, in which case the vehicle may be reconstructed or made operable.
(Ord. 154-76 § 1, 1976)
Except as provided in Section 7.12.100, the costs of administration and abatement and removal may be assessed against the land from which the vehicle or part thereof was abated and removed, to be collected at the same time and in the same manner as ordinary City taxes are collected, and shall be subject to the same penalties and the same procedure and sale in case of delinquency as provided for ordinary City taxes. All laws applicable to the levy, collection and enforcement of City taxes shall be applicable to such assessment.
(Ord. 154-76 § 1, 1976)
Within five days after abatement and removal, notice shall be given to the State Department of Motor Vehicles identifying the vehicle or part thereof. Any evidence of registration available, including, but not limited to, registration certificates, certificates of title and license plates shall be transmitted together with such notice.
(Ord. 154-76 § 1, 1976)
Effective January 1, 1977, the ten-day notice of intention to abate may be waived where the property owner and the owner of the vehicle, if known, have signed releases authorizing removal and waiving further interest in the vehicle or part thereof.
(Ord. 154-76 § 1, 1976)
Any person who causes or permits the storage of an abandoned, wrecked, dismantled or inoperative vehicle, or part thereof, on private property or public property, not including streets, is guilty of an infraction.
(Ord. 154-76 § 1, 1976)
Any person who fails or refuses to abate and remove an abandoned, wrecked, dismantled or inoperative vehicle, or part thereof, from private property or public property, not including streets, after having received notice pursuant to Section 7.12.060 is guilty of an infraction.
(Ord. 154-76 § 1, 1976)
Any person who prevents or refuses to permit the entrance of the enforcement officer or other duly authorized person upon private property or public property, not including streets, to examine a vehicle or part thereof, to obtain information as to the identity of a vehicle or part thereof, or to remove or cause the removal of a vehicle or part thereof, declared to be a public nuisance by or pursuant to this chapter, is guilty of an infraction.
(Ord. 154-76 § 1, 1976)
Any interested party may appeal the decision of the enforcement officer by filing a written notice of appeal with the City Clerk within ten days after the enforcement officer's decision. Such appeal shall be heard by the Council which may affirm, amend or reverse the order, or take other action deemed appropriate. The City Clerk shall give written notice of the time and place of the hearing to the applicant.
(Ord. 154-76 § 1, 1976)