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 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,
where the vehicle or vehicles can be viewed from or parked on the
public street or highway, 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 a 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 of the public. Therefore, the presence
of an abandoned, wrecked, dismantled or inoperative vehicle or parts
thereof, on private or public property, where the vehicle or vehicles
can be viewed from or parked on any public street or highway, 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. 37 § 1, 1974; Ord. 561 § 1, 1988; Ord. 771 § 1, 1995; Ord. 1257 § 1, 2013)
means any vehicle that is left on any highway, public property
or private property in such inoperable or neglected condition that
the owner's intent to relinquish all further rights or interest in
it may be reasonably concluded. In reaching a reasonable conclusion
one must consider the amount of time the vehicle has not been moved,
its condition, statements from the owner and witnesses.
means any vehicle which is partially or wholly disassembled.
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 "street."
means any motor vehicle from which the engine, wheels, tires
or other essential parts have been damaged or removed, or which the
engine, wheels, tires, or other essential parts have been altered,
damaged or allowed to deteriorate so that the vehicle cannot and/or
is incapable of being driven under its own power or rendering the
vehicle unsafe to operate on a highway. The lack of inflated tires,
lack of a working engine, transmission, differential or other essential
parts, or left unattended on jacks, blocks, or elevated in any other
way which constitutes a threat to the public health, safety or general
welfare.
means the owner of the land on which the vehicle, or parts
thereof, is located, as shown on the last equalized assessment roll.
means the last registered owner and legal owner of record.
means any vehicle that is abandoned, wrecked, dismantled,
or any inoperative parts thereof that is on public or private property,
including highways, and that creates a condition tending to reduce
the value of private property, promotes blight and deterioration,
invites plundering, creates fire hazards, constitutes an attractive
nuisance endangering the health and safety of the general public,
harbors rodents, insects and other vermin, or jeopardizes, health,
safety and general welfare is a public nuisance.
means any property owned by the government or one of its
agencies, divisions, or entities, to include parks, streets, sidewalks
and other property regularly used by the general public. "Public property"
includes "highway."
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.
means any vehicle that is damaged to such an extent that
it cannot be operated upon the highway. A vehicle which has been wrecked
in a traffic accident and which has been removed from the roadway
to a lawful storage facility, but which has not been claimed by its
owner, will not be considered an abandoned vehicle for the purposes
of this chapter.
(Ord. 37 § 1, 1974; Ord. 1257 § 2, 2013)
This chapter shall not apply to:
A.
A vehicle,
or parts 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 parts thereof, which is stored or parked in a lawful manner on
private property in connection with a business of a licensed dismantler,
licensed vehicle dealer, or a junk yard or when such storage or parking
is necessary to the operation of a lawfully conducted business or
commercial enterprise; or
C.
A vehicle,
or parts thereof, which is located on private property where the vehicle
or vehicles cannot be viewed from any public street facing property.
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Nothing in this section shall 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 title.
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(Ord. 37 § 2, 1974; Ord. 498 § 1, 1987; Ord. 561 § 2, 1988)
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.
(Ord. 37 § 3, 1974)
Except as otherwise provided in this chapter, the provisions
of this chapter shall be administered and enforced by the city manager
or designee. In the enforcement of this chapter, the city manager
or designee 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.
(Ord. 37 § 4, 1974; Ord. 1257 § 3, 2013)
When the city 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.
(Ord. 37 § 5, 1974)
The city 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 parts thereof under this chapter.
(Ord. 37 § 6, 1974)
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 designee shall have
the authority to cause the abatement and removal thereof in accordance
with the procedure prescribed in this chapter.
(Ord. 37 § 7, 1974; Ord. 1257 § 4, 2013)
A ten-day notice of intention to abate and remove the vehicle,
or parts thereof, as a public nuisance shall be mailed by 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 notices of intention shall be
in substantially the following forms:
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NOTICE OF INTENTION TO ABATE AND REMOVE AN ABANDONED, WRECKED,
DISMANTLED, OR INOPERATIVE VEHICLE OR PARTS THEREOF AS A PUBLIC NUISANCE
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(Name and address of owner of the land)
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As owner shown on the last equalized assessment roll of the
land located at (address), you are hereby notified that the undersigned
pursuant to (section of ordinance or municipal code) has determined
that there exists upon said land (or parts of an) abandoned, wrecked,
dismantled or inoperative vehicle registered to___________, license
number ________ which constitutes a public nuisance pursuant to the
provisions of (Ordinance or municipal code chapter number).
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You are hereby notified to abate said nuisance by the removal
of said vehicle (or said parts of a vehicle) within 10 days from the
date of mailing of this notice, and upon your failure to do so the
same will be abated and removed by the City and the costs thereof,
together with administrative costs, assessed to you as owner of the
land on which said vehicle (or said parts of a vehicle) is located.
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As owner of the land on which said vehicle (or said parts of
a vehicle) is located, you are hereby notified that you may, within
10 days after the mailing of this notice of intention, request a public
hearing and if such a request is not received by the (hearing body
or officer) within such 10-day period, the City Manager shall have
the authority to abate and remove said vehicle (or said parts of a
vehicle) as a public nuisance and assess the costs as aforesaid without
a public hearing. You may submit a sworn written statement within
such 10-day period denying responsibility for the presence of said
vehicle (or said parts of a vehicle) on said land, with your reasons
for denial, and such statement shall be construed as a request for
hearing at which your presence is not required. You may appear in
person at any hearing requested by you or the owner of the vehicle
or, in lieu thereof, may present a sworn written statement as aforesaid
in time for consideration at such hearing.
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Notice Mailed ________(date) s/ ________(City Manager)
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NOTICE OF INTENTION TO ABATE AND REMOVE AN ABANDONED, WRECKED,
DISMANTLED OR INOPERATIVE VEHICLE OR PARTS THEREOF AS A PUBLIC NUISANCE
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(Name and address of last registered and/or legal owner or record
of vehicle—notice should be given to both if different)
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As last registered (and/or legal) owner of record of (description
of vehicle — make, model, license, etc.), you are hereby notified
that the undersigned pursuant to (section of ordinance or municipal
code) has determined that said vehicle (or parts of a vehicle) exists
as an abandoned, wrecked, dismantled or inoperative vehicle at (describe
location on public or private property) and constitutes a public nuisance
pursuant to the provisions of (Ordinance or municipal code chapter
number).
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You are hereby notified to abate said nuisance by the removal
of said vehicle (or said parts of a vehicle) within 10 days from the
date of mailing of this notice.
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As registered (and/or legal) owner of record of said vehicle
(or said parts of a vehicle), you are hereby notified that you may,
within 10 days after the mailing of this notice of intention, request
a public hearing and if such a request is not received by the (hearing
body or officer) within such 10-day period, the City Manager shall
have the authority to abate and remove said vehicle (or said parts
of a vehicle) without a hearing.
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Notice Mailed _______(date) s/ _____(City Manager)
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The notice set forth herein shall not be required in the event
the property owner and the owner of the vehicle have signed a release
authorizing removal and waive further interest in the vehicle or parts
thereof. In addition, said notice of intention is not required for
removal of the vehicle or part thereof which is inoperable due to
the absence of a motor, transmission, or wheels, and incapable of
being towed, is valued less than two hundred dollars by a person specified
in Section 22855 of the Vehicle Code, and is determined by the city
to be a public nuisance presenting an immediate threat to the public
health or safety, provided that the property owner has signed a release
authorizing removal and waiving further interest or part thereof.
The vehicle is located upon a parcel that is either zoned for
agricultural use or is not improved with a residential structure containing
one or more dwelling units.
If vehicle is removed pursuant to subdivision (c) of California
Vehicle Code Section 22661, prior to the final disposition, the registered
or legal owner shall be notified of the intent to dispose of the vehicle
or part thereof. If the vehicle or part thereof is not claimed and
removed from the scrapyard, automobile dismantler's yard or public
disposal area within twelve days after the notice to dispose of vehicle
is mailed, final disposition may proceed.
(Ord. 37 § 8, 1974; Ord. 498 § 5, 1987; Ord. 771 § 2, 1995; Ord. 785 § 1, 1995)
Upon request by the owner of the vehicle or owner of the land
on which the vehicle is located if received by the city manager within
ten days after the mailing of the notices of intention to abate and
remove, a hearing shall be held by the city council on the question
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 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 land within such ten-day period, the statement
shall be construed as a request for a hearing which does not require
his presence. Notice of the hearing shall be mailed, by registered
mail, at least ten days before the hearing 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.
If such a request for hearing is not received within ten 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 public hearing.
(Ord. 37 § 9, 1974; Ord. 498 § 1, 1987)
All hearings under this chapter shall be held before the city
council which shall hear all facts and testimony it deems pertinent.
The facts and testimony may include testimony on the condition of
the vehicle or parts thereof and the circumstances concerning its
location on the said private property or public property. The city
council shall not be limited by the technical rules of evidence. The
owner of the land may appear in person at the hearing or present a
sworn written statement in time for consideration at the hearing,
and deny responsibility for the presence of the vehicle on the land,
with his reasons for such denial.
The city council may impose such conditions and take such other
action as it deems appropriate under the circumstances to carry out
the purpose of this chapter. It may delay the time for removal of
the vehicle or parts thereof if, in its opinion, the circumstances
justify it. At the conclusion of the public hearing, the city council
may find that a vehicle or parts thereof have been abandoned, wrecked,
dismantled or that a vehicle is inoperative on private or public property
and order the same removed from the property as a public nuisance
and disposed of as provided in this chapter and determine the administrative
costs and the cost of removal to be charged against the owner of the
land. The administrative costs shall include, but not be limited to,
a sharing cost of fifty dollars per hearing. The order requiring removal
shall include a description of the vehicle or parts thereof and the
correct identification number and license number of the vehicle, if
available at the site.
If it is determined at the hearing that the vehicle was placed
on the land without the consent of the owner of the land and that
he has not subsequently acquiesced in its presence, the city council
shall not assess the costs of administration or removal of the vehicle
against the property upon which the vehicle is located or otherwise
attempt to collect such costs from such owner of the land.
If the owner of the land submits a sworn written statement denying
responsibility for the presence of the vehicle on his land but does
not appear, or if an interested party makes a written presentation
to the city council but does not appear, he shall be notified in writing
of the decision.
(Ord. 37 § 10, 1974)
Five days after adoption of the order declaring the vehicle or parts thereof to be a public nuisance, five days from the date of mailing of the notice of decision if said notice is required by Section 10.24.110, or fifteen days after such action of the governing body authorizing removal following an appeal, the vehicle or parts thereof may be disposed of by removal to a scrap yard 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 qualifies for either horseless carriage license plates or historical vehicle license plates, pursuant to Section 5004 of the Vehicle Code, in which case the vehicle may be reconstructed or made operable. This section does not apply to those vehicles exempt under Section 22660 of the Vehicle Code of the state.
(Ord. 37 § 11, 1974; Ord. 143 § 1, 1976; Ord. 498 § 3, 1987)
Within five days after the removal of the vehicle or parts thereof,
notice shall be given to the Department of Motor Vehicles either 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 but not limited to the registration
card, certificates of ownership, or license plates.
(Ord. 37 § 12, 1974; Ord. 498 § 4, 1987)
If the administrative costs and the cost of removal which are
charged against the owner of a parcel of land pursuant to Section
10.20.110 are not paid within thirty 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
for cities 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.
(Ord. 37 § 13, 1974)
Prior to final disposition under Section 22662 of a low-valued vehicle or part thereof as defined in Section 10.24.090 for which evidence of registration was recovered pursuant to Section 10.24.130, the city shall provide notice to the registered and legal owner of intent to dispose of the vehicle or part, and if the vehicle or part is not claimed and removed within twelve days after the notice is mailed, a location specified in Section 22622 of the Vehicle Code, final disposition may proceed. The city shall not be liable for damage caused to the vehicle or part thereof by removal pursuant to this section. This section applies only to inoperable vehicles upon a parcel that is:
A.
Zoned
for agricultural use; or
B.
Not
imposed with a residential structure containing one or more dwelling
units.
(Ord. 498 § 6, 1987)
It is unlawful and a misdemeanor for any person to abandon,
park, store or leave or permit the abandonment, parking, storing or
leaving of any licensed or unlicensed vehicle or parts thereof which
is abandoned, wrecked, dismantled or in an inoperative condition upon
any private property or public property, including highways, within
the city for a period in excess of seventy-two or more consecutive
hours unless such vehicle or parts thereof is completely enclosed
within a building in a lawful manner where it is not plainly visible
from the street or other public or private property, or unless such
vehicle is stored or parked in a lawful manner on private property
in connection with the business of a licensed dismantler or licensed
vehicle dealer or a junk yard.
Upon discovering the existence of an abandoned, wrecked, dismantled, or inoperative vehicle, or parts thereof, on private property or public property, a seventy-two hour notice of intention to abate shall be posted on the vehicle. A follow up inspection shall be conducted within seventy-two hours to verify if such vehicle has been voluntarily abated. Upon determining that such vehicle still exist and a period of seventy-two or more consecutive hours has elapsed, a ten day notice of intention to abate and remove such vehicle shall be mailed in accordance with Section 10.24.090 of this chapter.
(Ord. 771 § 3, 1995; Ord. 1257 § 5, 2013)
It is unlawful and a misdemeanor 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. 771 § 4, 1995)
