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.
"Hearing officer"
means the Director.
"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.
"Public property"
does not include "highway."
(Ord. 563 § 3, 2019)
A. 
This chapter does not apply to:
1. 
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;
2. 
A vehicle or part thereof which is stored or parked in a lawful manner on private property in connection with the business of a lawful dismantler, licensed vehicle dealer, or a junkyard.
B. 
Nothing in this section authorizes 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.
(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)
A. 
In addition to the procedures set forth in Chapter 1.10, in the event of any appeal of the hearing officer's decision pursuant to Section 10.24.090, the City Council will review the decision of the hearing officer for substantial evidence. The hearing will not be limited by the technical rules of evidence. The owner of the land on which the vehicle is located may appear in person at the hearing or present a written statement in time for consideration at the hearing, and deny responsibility for the presence of the vehicle on the land with his or her reasons for such denial.
B. 
At the conclusion of the public hearing, the City Council will determine whether the vehicle or part thereof has been abandoned, wrecked, dismantled or is inoperative on private or public property, and if so, issue an order that includes the following:
1. 
Conditions and requirements it deems appropriate under the circumstances to carry out the purpose of this chapter;
2. 
The time for removal of the vehicle or part thereof;
3. 
An order to remove the vehicle from the property as a public nuisance and to dispose of it in accordance with this chapter;
4. 
A description of the vehicle or part thereof and identification number or license number of the vehicle to be removed, if available;
5. 
A determination of the administrative costs and the costs of removal to be charged against the land owner or owner of the vehicle.
C. 
Unless otherwise stated in the order of removal, the vehicle or parts thereof may be removed by the abatement officer immediately following the order.
(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)
A. 
It is unlawful, an infraction, and a public nuisance for any person to abandon, park, store, or leave or permit the abandonment, parking, storing, or leaving of any licensed or unlicensed vehicle or part thereof which is in an abandoned, wrecked, dismantled, or inoperative condition upon any private property or public property not including highways within the City unless such vehicle or part thereof is:
1. 
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. 
Stored or parked in a lawful manner on private property in connection with the business of a licensed dismantler, licensed vehicle dealer, or a licensed junkyard.
B. 
It is unlawful, an infraction, and a public nuisance for any person to fail or refuse to remove an abandoned, wrecked, dismantled or inoperative vehicle or part 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.
(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)