In accordance with the determination made and the authority granted by the State under Section 22660 of the Vehicle Code to remove abandoned, wrecked or dismantled 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 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 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 part thereof, on private or public property, except as expressly permitted in this chapter is declared to constitute a public nuisance, which may be abated as such in accordance with the provisions of this chapter.
(Ord. 456 § 3, 2000)
As used in this chapter, the following definitions shall apply:
"Abandon"
means to give up completely with the intent of never again claiming a right or interest in.
"Appeal hearing"
means a person designated to hear all matters of dispute, determination and interpretation that may arise under this chapter, and shall consist of the City Manager, or a person designated by the City Manager to act on his or her behalf.
"Appraiser"
means a person designated as having the authority to make appraisals of the value of vehicles pursuant to California Vehicle Code Section 22855 and includes regularly salaried employees of the City of Live Oak designated by the Live Oak City Council to perform this function. The Chief of Police and the code enforcement officer are designated by the City of Live Oak City Council as appraisers pursuant to California Vehicle Code Section 22855.
"Chief of Police"
refers either to the Chief of Police in the event that a Municipal Police Department is established or, until such time, by the senior-most law enforcement officer assigned by contract to provide law enforcement services to the City or that person's designee.
"Code enforcement officer/enforcement officer"
means the person designated to assist the Chief of Police in administration and enforcement of this chapter and shall have those responsibilities and rights as further set forth in this chapter, including, but not limited to, the removal of vehicles or parts thereof as allowed by this chapter.
"Dismantled"
refers to a vehicle which has been taken apart and remains in pieces.
"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 streets.
"Inoperable vehicle"
means the condition of a vehicle which is physically incapable of working, functioning, or otherwise operating to produce its designed effects.
"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 "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.
"Wrecked"
refers to a vehicle or part thereof which is disabled or in a state of ruin or dilapidation.
(Ord. 456 § 3, 2000)
This chapter is not the exclusive regulation of abandoned, wrecked, dismantled or inoperative vehicles within the City. It supplements and is 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.
(Ord. 456 § 3, 2000)
A. 
This chapter shall not apply to any vehicle(s) or parts thereof which:
1. 
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. 
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, or when such storage or parking is necessary to the operation of a lawfully conducted business or commercial enterprise and is not unsightly or otherwise detrimental to the public health, safety or welfare, or is
3. 
A vehicle or part thereof having historical value as defined by Vehicle Code Section 5004 (a).
B. 
Nothing in this section shall authorize the maintenance of a public or private nuisance, as defined under provisions of law other than this chapter.
(Ord. 456 § 3, 2000)
The City Council may from time to time by resolution determine an amount to be assessed as administrative costs excluding the actual cost of removal of any vehicle or parts thereof under this chapter.
(Ord. 456 § 3, 2000)
Upon discovery of the existence of an abandoned, wrecked, dismantled or inoperative vehicle, or parts thereof, on private property within the City, the code enforcement officer shall have the authority to serve abatement notices and will cause the abatement and removal thereof in accordance with the procedures prescribed in this chapter.
The following abatement notice is required prior to removal of any vehicle or parts thereof as provided in this chapter:
A. 
A 10-day notice of intention to abate and remove the vehicle (the "notice to abate"), or parts thereof, as a public nuisance shall be mailed by 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. The enforcement officer shall post a copy of the Notice upon or at the site of such vehicle or part.
B. 
The notice to abate shall be in the following form:
The notice to abate is not required in the following circumstances:
1. 
A vehicle or part thereof is inoperative due to the absence of a motor, transmission or wheels and each of the following conditions are found to exist by the code enforcement officer:
a. 
The vehicle or part thereof is incapable of being towed,
b. 
The vehicle or part thereof is valued at less than $200 by an appraiser as defined in this chapter,
c. 
The vehicle or part thereof is determined by the code enforcement officer to be a public nuisance presenting an immediate threat to public health or safety, and
d. 
The property owner and the owner of the vehicle have signed releases authorizing removal and waiving further interest in the vehicle or part thereof.
(Ord. 456, § 3, 2000)
A. 
The owner of the vehicle and/or the owner of the land on which the vehicle is located shall have the right to request a hearing before the City Manager if such a request is submitted to the Live Oak City Hall office staff in writing within 10 days after the mailing of the notice of intention to abate and remove. The appeal may concern questions 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. If there is no request for a hearing or a sworn, written statement denying responsibility for the presence of the vehicle on his or her land within the 10 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 any hearings.
B. 
If the owner of the land submits a sworn, written statement denying responsibility for the presence of the vehicle on his or her land within such 10-day period, said statement shall be construed as a request for a hearing which does not require his or her presence.
C. 
Notice of the hearing shall be mailed, by certified mail, at least 10 days before the hearing to the owner of the land and to the owner of the vehicle, unless the vehicle is in such a condition that identification numbers are not available to determine ownership. If no request for hearing or sworn, written statement denying responsibility for the presence of the vehicle on his or her land is received within the 10 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 hearing.
(Ord. 456 § 3, 2000)
A. 
Upon the date, and at the time and place, specified for hearing in the notice of hearing required by Section 10.72.070 the City Manager shall proceed to hear the testimony of the code enforcement officer or Chief of Police, requesting party, and any other competent persons respecting the condition of the vehicle or part constituting the subject of the hearing, and any other relevant facts concerning the matter. The property owner may either appear in person at the hearing or present a sworn written statement denying responsibility for the presence of the vehicle on his or her land, with the reasons for such denial.
B. 
The provisions of the California Administrative Procedure Act (commencing with Section 11500 of the Government Code) shall not be applicable to such hearing; nor shall formal rules of evidence in civil or criminal judicial proceedings be so applicable.
C. 
Within seven days following the date on which the hearing was held, the City Manager shall issue a written decision which either affirms or reverses the code enforcement officer or Chief of Police determination made that the vehicle is abandoned, wrecked or inoperative. The decision shall include findings of fact and conclusions. Copies of the decision shall be forthwith served upon the parties, either by personal delivery or by certified mail, return receipt requested. The decision may be appealed to the City Council within 10 days after the service by mail of the decision. If the City Manager affirms the code enforcement officer's or Chief of Police determination, such decision shall direct the property owner and/or vehicle owner to abate the nuisance within the time prescribed by this section. Such decision shall give notice that if the nuisance is to be abated it may be abated by the code enforcement officer or Chief of Police in such manner as the enforcement officer deems proper, and that the expense thereof may be made a lien against the real property involved, in accordance with Section 38773.5 of the Government Code, or, in the case of an abandoned vehicle, that such expense my be recovered from the last registered owner of record thereof, pursuant to Section 22524 of the Vehicle Code. Provided however, that if the code enforcement officer has found that the vehicle or part constituting the nuisance was placed upon the land without the consent of the property owner, and that the property owner has not subsequently acquiesced in its presence, the code enforcement officer shall not assess such cost against the real property, or otherwise attempt to collect such cost from the property owner. The decision shall require that abatement of the nuisance by the property owner and or vehicle owner be physically completed within 10 days after service of such decision or, in the alternative, within such time as the code enforcement officer shall determine to be reasonable under all of the circumstances.
(Ord. 456 § 3, 2000)
The code enforcement officer, Chief of Police or any person or persons with whom the City Manager has contracted to provide such services, shall be authorized to enter upon private property or public property for purposes of administering and enforcing this chapter, to examine a vehicle or part thereof declared to be a nuisance pursuant to this section. Any other person, firm or corporation authorized by the City to remove vehicles from property for purposes of enforcement of this section may enter upon private property to perform such removal, upon request from the code enforcement officer or Chief of Police.
(Ord. 456 § 3, 2000)
After a vehicle has been moved pursuant to this section, such vehicles shall not be reconstructed or made operable unless, pursuant to California Vehicle Code Section 5004:
A. 
The vehicle qualifies for horseless carriage license plates; or
B. 
The vehicle qualifies for historical vehicle license plates.
C. 
The code enforcement officer or Chief of Police may dispose of a vehicle or part thereof under this section by removal thereof to a licensed scrap yard, automobile dismantler's yard or other site authorized by Section 22662 of the Vehicle Code.
D. 
Within 12 days after the notice is mailed, final disposition may proceed. Within five days after the date of removal of the vehicle or parts thereof removed and any evidence of registration available, including registration certificates, certificates of title or license plates shall be given to the Department of Motor Vehicle identifying the vehicle or part thereof, has been removed.
(Ord. 456 § 3, 2000)
If the administrative costs and the cost of removal which are charged against the owner of the parcels of land pursuant to Sections 10.72.070 and 10.72.080 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 transmitted to the Tax Collector for collection. The assessment shall have the same priority as other City taxes. Any costs required to be paid for the removal and disposition of any vehicle determined to be abandoned shall not exceed those for towing and seven days of storage.
Cost of enforcement and administration of this chapter shall include, but not be limited to, charges for each vehicle cited under this chapter, a towing fee for each vehicle towed pursuant to this chapter, charges related to vehicle disposal, and a fee to cover the cost of hearing, staff time involved in hearing required by this chapter, inspection of vehicles and other property, publication, mailing and posting of notices, conducting hearings, processing appeals and pursuing any judicial action. Such charges shall be established from time to time by resolution the City Council.
(Ord. 456 § 3, 2000)
It is unlawful and an infraction 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 section or State law where such State law is applicable. A fine of not less than $100.00 and no more than $500.00 per day may be imposed upon any person convicted of a violation of this section, in addition to any costs of removal and disposition of the vehicle that may be assessed pursuant to this chapter.
(Ord. 456, § 3, 2000)