This chapter deals with the abatement and removal of abandoned,
wrecked, dismantled of inoperative vehicles on private or public property,
not included highways, and adopts a vehicle abatement program pursuant
to
Vehicle Code Sections 22660 through 22668. The authority and procedure
for abating and removing abandoned vehicles from highways is contained
in the
Vehicle Code.
(O2856)
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 Council makes the
following findings and declarations:
The accumulation and storage of abandoned, wrecked, dismantled,
or inoperative vehicles or parts thereof on private or public property,
not 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 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 part thereof, on private
or public property not including highways, except as expressly hereinafter
permitted, is declared to constitute a public nuisance which may be
abated as such in accordance with the provisions of this chapter.
(O2856)
As used in this chapter:
"Highway"
means a way or place of whatever nature, publicly maintained
or open to the use of the public for purposes of vehicular traffic.
"Highway" includes "street."
"Inoperative"
includes, but is not limited to, a vehicle which is not currently
and validly registered for operation or use on the highways and streets
in the state as required under the provisions of Division 3 (commencing
at Section 4000 et seq.) of the
Vehicle Code.
"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.
"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.
(O2856)
There is established an Abandoned Vehicle Hearing Board. The
Board shall consist of three members, namely the Police Chief, the
Planning Director and the Chief Building Inspector.
(O2856)
This chapter shall not apply to:
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 a 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 Chapter 10
(commencing with Section 22650) of Division 11 of the
Vehicle Code,
and this chapter.
(O2856)
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.
(O2856)
Except as otherwise provided herein, the provisions of this
chapter shall be administered and enforced by the City Manager or
by any employee of the city appointed by him or her and acting under
his or her direction, or the California Highway Patrol, when designated
by agreement entered into pursuant to California
Vehicle Code Section
22665, provided that the City Manager shall file a written confirmation
of appointment with the City Clerk. In the enforcement of this chapter,
such persons charged with administration and enforcement may enter
upon private or public property to examine a vehicle or parts thereof,
or obtain information as to the identity of a vehicle and to remove
or cause the removal of a vehicle or parts thereof declared to be
a nuisance pursuant to this chapter.
(O2856)
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 a vehicle or parts thereof declared to be a nuisance
pursuant to this chapter.
(O2856)
The Council shall from time to time, determine and fix an amount to be assessed as administrative costs, excluding the actual cost of removal of any vehicle or part thereof, under this chapter. Said determination of administrative costs shall include a determination of amounts to be reimbursed to the California Department of Highway Patrol for its administrative costs when such Department is designated to administer or enforce any part of this chapter pursuant to Section
10.64.070.
(O2856)
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 City Manager or designated representative
shall have the authority to cause the abatement and removal thereof
in accordance with the procedure prescribed herein.
(O2856)
A 10-day notice of intention to abate and remove the vehicle
or parts thereof, as a public nuisance, shall be mailed by the City
Manager or designated representative via registered 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. The form of the notice shall be such as is prescribed
by the City Manager or designated representative, and approved by
the City Attorney.
(O2856)
10 days after the adoption of the order declaring the vehicle or parts thereof to be a public nuisance, 10 days from the date of mailing of notice of the decision of such notice is required by Section
10.64.130 or five days after such action of the Council 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 qualified for either horseless carriage license plates or historical vehicle license plates pursuant to California
Vehicle Code Section 5004, in which case the vehicle may be reconstructed or made operable.
(O28564)
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.
(O2856)
If the administrative costs and the cost of removal which are charged against the owner of a parcel of land pursuant to Section
10.64.130 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. Said assessment shall have the same priority as other city taxes.
(O2856)