The provisions of this chapter shall govern the abatement and
removal of motor vehicles, or parts thereof, which are abandoned,
wrecked, dismantled or inoperative. "Motor vehicle" as used in this
chapter is defined as set forth in Section 670 of the
Vehicle Code
of the state of California.
(Ord. 1158 § 2, 1972)
Any motor vehicle, or any part thereof, which is abandoned,
wrecked, dismantled or inoperative, located on any private property,
or public property, excluding highways, in the city, is a public nuisance.
(1) Abatement.
Where such motor vehicle is found to constitute a public nuisance,
by reason of its condition and location, as provided in this chapter,
said nuisance shall be abated and the motor vehicle, and all parts
thereof, shall be removed and disposed of as provided in this chapter;
(2) Declaration.
Whenever the city manager or his or her designee finds that any motor
vehicle is being maintained contrary to the provisions of this chapter
by reason of its condition and location, he or she shall give the
notice required hereinafter.
(Ord. 1158 § 2, 1972)
After a final determination that a motor vehicle, or parts thereof,
constitutes a public nuisance within the meaning of this chapter,
the owner of the motor vehicle, and/or the owner of the property whereon
the same is located, shall abate the said public nuisance by removing
the same in the time set forth in the order of abatement relating
thereto. If such person or persons fail to abate such public nuisance,
the city manager shall abate the same by city forces or private contract
in the time and manner permitted by Section 22660 of the
Vehicle Code
and the state of California.
(Ord. 1158 § 2, 1972)
Where the abatement of a public nuisance pursuant to this chapter is accomplished by city forces, the provisions of Sections
9.36.090 through
9.36.120, inclusive, shall be applicable to such proceedings.
(Ord. 1158 § 2, 1972)
The provisions of this chapter shall be administered by the
city manager.
(Ord. 1158 § 2, 1972)
Motor vehicles or parts thereof, declared to be a public nuisance
pursuant to this chapter, shall be disposed of in the manner provided
by Section 22660 of the
Vehicle Code of the state of California; provided
that, after a motor vehicle has been declared to be a public nuisance,
and has been removed from the premises where located, the same shall
not be reconstructed or otherwise made operable.
(Ord. 1158 § 2, 1972)
Within five days after the date of removal of a vehicle or part
thereof, the city manager shall cause to be forwarded to the Department
of Motor Vehicles of the state of California notice identifying the
vehicle or part thereof, and any evidence of registration available,
including, but not limited to, registration certificates of title
or license plates on any such vehicle.
(Ord. 1158 § 2, 1972)
This chapter shall not apply:
(1) To
a vehicle or part thereof which is completely enclosed within a building
in a lawful manner, where the same is not visible from the street
or other public or private property; and/or
(2) To
a vehicle or part thereof which is stored or parked in a lawful manner
on private property in conjunction with the business of a licensed
dismantler, licensed vehicle dealer or a junk yard; provided, however,
that this latter exception shall not authorize the maintenance of
any premises contrary to the provisions of this code.
(Ord. 1158 § 2, 1972)