Note: Prior history: Prior code Sections 9334—9334.13
and Ords. 1210 and 1352.
The accumulation and storage of abandoned, wrecked, dismantled,
or inoperative vehicles or parts thereof, except as expressly herein
permitted, 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 herein permitted,
is declared to constitute a public nuisance which may be abated as
such in accordance with the provisions of this chapter and Section
22660 of the Vehicle Code.
(Ord. 1695 § 4, 1987)
For the purpose of this chapter:
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.
does not include "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.
(Ord. 1695 § 4, 1987)
This chapter shall 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; or
(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 licensed
dismantler, licensed vehicle dealer, a junk dealer, or when such storage
or parking is necessary to the operation of a lawfully conducted business
or commercial enterprise.
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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 chapter.
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(Ord. 1695 § 4, 1987)
This chapter is not the exclusive regulation of abandoned, wrecked,
dismantled or inoperative vehicles within the city; instead it shall
supplement and be in addition to the other regulatory provisions heretofore
or hereafter enacted by the city, the state, or any other legal entity
or agency having jurisdiction.
(Ord. 1695 § 4, 1987)
(a)
The
chief of police, his deputies or such person or persons authorized
to do so by the city manager may enter upon private or public property
to examine a vehicle or parts thereof which said person believes is
abandoned, wrecked, dismantled or inoperative, or to obtain information
to identify the vehicle and any evidence of registration.
(b)
Where
the enforcement officer determines that there is such an abandoned,
wrecked, dismantled or inoperative vehicle, the chief of police or
such person or persons authorized to do so by the city manager shall
give written notice of the city's intention to abate and remove the
vehicle or part thereof as a public nuisance not less than ten days
after the mailing of such notice. Such notice shall be sent by registered
or certified mail to the owner of the land on which the vehicle or
part is located, as shown on the last equalized assessment roll, and
to the last registered and legal owner of the vehicle of record, unless
the vehicle is in such condition that identification numbers are not
available to determine ownership. Such notice shall contain a statement
of the hearing rights of the owner of the land on which the vehicle
or part thereof is located and the owner of the vehicle.
(c)
The requirement set forth in Section 9.03.050(b) that not less than a ten-day notice of intention to abate and remove the vehicle or part thereof as a public nuisance be issued, unless the property owner and the owner of the vehicle have signed releases authorizing removal and waiving further interest in the vehicle or part thereof is not required for removal of a vehicle or part thereof which is inoperable due to the absence of a motor, transmission, or wheels and incapable of being towed, is valued at less than two hundred dollars by a person specified in Vehicle Code Section 22855, and is determined by the local agency to be a public nuisance presenting an immediate threat to public health or safety, provided that the property owner has signed a release authorizing removal and waiving further interest in the vehicle or part thereof. Prior to final disposition under Vehicle Code Section 22662 of such low-valued vehicle or part for which evidence of registration was recovered pursuant to subdivision (a), the local agency shall provide notice to the registered and legal owners 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, from a location specified in Vehicle Code Section 22662, final disposition may proceed. No local agency or contractor thereof shall be liable for damage caused to a vehicle or part thereof by removal pursuant to this section.
(d)
The
chief of police or such person or persons authorized to do so by the
city manager may remove the vehicle or part thereof unless the owner
of the land which the vehicle or part is located or the owner of the
vehicle submits a written request for a public hearing to the city
clerk, which request is received within ten days after the mailing
of the notice of the intention to abate and remove the vehicle. If
the owner of the land on which the vehicle or part is located submits
a sworn written statement denying responsibility for the presence
of the vehicle on his land within such time period, it shall be construed
as a request for a hearing which does not require his presence.
(Ord. 1695 § 4, 1987)
(a)
Upon receipt of a request as set forth in Section 9.03.050(d), a hearing officer, so designated by the city manager shall conduct a public hearing within fourteen days of receipt of such request or as soon thereafter as such hearing can be conveniently held.
(b)
The
public hearing shall be held on the question of abatement and removal
of the vehicle or part thereof as an abandoned, wrecked, dismantled
or inoperative vehicle and the assessment of administrative costs
and costs of removal of the vehicle or part thereof against the property
on which it is located.
(c)
Notice
of such hearing shall be mailed at least ten days before the hearing
by registered or certified mail to the owner of the land as shown
on the last equalized county assessment roll and to the last registered
and legal owner of record of such vehicle or part unless the vehicle
is in such condition that identification numbers are not available
to determine ownership.
(Ord. 1695 § 4, 1987)
(a)
At
such hearings the hearing officer shall hear all facts and testimony
the hearing officer deems pertinent. Said facts and testimony may
include testimony on the condition of the vehicle part thereof and
the circumstances concerning its location on the said property or
public property. The hearing officer shall 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 sworn written statement
in time for consideration at the hearing denying responsibility for
the presence of the vehicle on the land, with his reasons for such
denial.
(b)
The
hearing officer may impose such conditions and take such other action
as the hearing officer deems appropriate under the circumstances to
carry out the purpose hereof. The hearing officer may delay the time
for removal of the vehicle or part thereof if, in the hearing officers
opinion, the circumstances justify it. At the conclusion of the hearing,
the hearing officer must find and determine:
(1)
Whether a vehicle or part thereof has been abandoned, wrecked, dismantled,
or is inoperative on private or public property thereby creating a
public nuisance requiring removal and disposal as hereinafter provided;
and
(2)
Whether the administrative costs and the cost of removal are to be
charged against the owner of the parcel of land on which the vehicle
or part thereof is located and/or the land registered and legal owner
of record, if determined.
(c)
The
order requiring removal shall include a description of the vehicle
or part thereof and the correct identification number and license
number of the vehicle, if located thereon.
If it is determined at the hearing that the vehicle was placed
on the land without the consent of the land owner and that he has
not subsequently acquiesced in its presence, the hearing officer shall
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 costs from such land owner.
(Ord. 1695 § 4, 1987)
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 hereto.
(Ord. 1695 § 4, 1985)
The costs of removal and abatement shall be the actual charges
to the city for such removal. The administrative costs shall be determined
and set by resolution of the city council.
(Ord. 1695 § 4, 1987)
Vehicles or parts thereof may be disposed of by removal to a
scrapyard, automobile dismantling yard or any suitable site for processing
scrap. 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 Vehicle Code Section 5004, in which case
the vehicle may be reconstructed or made operable. Within five days
after the date of removal of the vehicle or part thereof, notice shall
be given to the Department of Motor Vehicles identifying such vehicle
or part thereof. At the same time there shall be transmitted to the
Department of Motor Vehicles any evidence of registration available,
including registration certificates of title and license plates.
(Ord. 1695 § 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 9.03.070 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 of the Government Code and shall be transmitted to the tax collection. The assessment shall have the same priority as other city taxes. As an alternative method, the city manager, in his discretion, may direct that a civil action be commenced to collect the cost of abatement.
(Ord. 1695 § 4, 1987)
