In addition to and in accordance with Section 22660 of the Vehicle
Code, providing for the removal of abandoned, wrecked, dismantled,
or inoperative vehicles or parts thereof as public nuisances, the
City Council makes the following 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 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.
(Ord. 563 § 3, 2019)
As used in this chapter:
"Delegated officers"
means the Director and those the Director appoints or authorizes
to enforce this chapter.
"Notice of intention to abate"
is that form used to provide notice of public nuisances of
abandoned, wrecked, dismantled, or inoperative vehicles or parts thereof
from private or public property.
(Ord. 563 § 3, 2019)
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
enacted by the City, the State, or any other legal entity or agency
having jurisdiction.
Except where specified otherwise by this chapter, the abatement and cost recovery procedures set forth in Chapters
1.10,
1.12, and
1.14 for the abatement of nuisances apply to the abatement of abandoned vehicles under this chapter.
(Ord. 563 § 3, 2019)
When the City Council has contracted with or granted a franchise
to any person or persons, such person or persons are 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.
(Ord. 563 § 3, 2019)
The notice of intention to abate provided pursuant to Sections
1.10.040 and
1.10.070 must be served in accordance with Section
1.10.080 and must be mailed by first class mail, prepaid, to the last registered and legal owner of record when the vehicle is in such condition that identification numbers are available to determine ownership.
(Ord. 563 § 3, 2019)
A copy of the notice of intention to abate shall at the time
such notice is issued be given to the California Highway Patrol, identifying
the vehicle or part thereof proposed for removal.
(Ord. 563 § 3, 2019)
In addition to the procedures set forth in Chapter
1.10:
A. The owner of a vehicle or of land on which a vehicle is located which is subject to abatement pursuant to this chapter may appeal the notice of intent to abate and request a hearing in accordance with Section
1.10.100.
B. If
the owner of the land on which the vehicle is located submits a sworn
written statement denying responsibility for the presence of the vehicle
on his or her land within such time period, this statement constitutes
a waiver of a hearing for the person submitting the written statement.
C. If
the City Clerk does not receive a request for a hearing within the
applicable time period, the Director or director's designee is authorized
to remove the vehicle.
(Ord. 563 § 3, 2019)
In addition to the procedures set forth in Chapter
1.10, whenever a notice of intent to abate is appealed pursuant to Section
1.10.100, a hearing will proceed in accordance with Sections
1.10.110 through
1.10.120, provided that the hearing officer will:
A. Hear
such facts and testimony the officer deems pertinent prior to rendering
a decision, including the following:
1. The
condition or status of the vehicle or part thereof;
2. The
circumstances concerning its location on the private or public property.
B. Make
findings regarding:
1. Whether
the vehicle constitutes a public nuisance; and
2. Whether
the property owner on whose land the vehicle is located consented
to the placement of the vehicle or acquiesced in its presence.
(Ord. 563 § 3, 2019)
Any vehicles removed pursuant to this chapter may be disposed
of by removal to a scrap yard or licensed automobile dismantler's
yard. After a vehicle has been removed pursuant to this chapter, it
must not be reconstructed or made operable.
(Ord. 563 § 3, 2019)
Within five days after the date of removing a vehicle or part
thereof, the Director must give notice to the Department of Motor
Vehicles identifying the vehicle or part thereof removed and transmit
any evidence of registration available, including registration certificates,
certificates of title and license plates.
(Ord. 563 § 3, 2019)
The City may collect fines, costs, and penalties in accordance with Chapters
1.10 and
1.12; provided, however, that when the hearing officer or City Council determines that a vehicle subject to abatement under this chapter was placed on land without the consent of the landowner and that the landowner has not consented in its presence, then the City will not assess costs of administration or removal of the vehicle against the property upon which the vehicle is located or otherwise attempt to collect such cost from such owner.
(Ord. 563 § 3, 2019)
Except as otherwise provided herein, the Director of Planning
and Building is authorized to administer this chapter. The Director
and the Director's officer, deputies, assistants, employees, and agents
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 part thereof declared
to be a nuisance pursuant to this chapter.
(Ord. 563 § 3, 2019; Ord. 612 § 2, 2023)