Note: Prior code history: Prior code Sections 4-8.01 through 4-8.15.
Pursuant to the determination made and the authority granted by the state legislature under Section 22660 of the Vehicle Code of the state to remove abandoned, wrecked, dismantled or inoperative vehicles or parts thereof from private and public property as public nuisances, the city council of the city 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, 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. 96-25 § 1, 1996; Ord. 99-04, 1999)
Except where the context otherwise requires, the following definitions shall govern the construction of this article:
"Administrative costs"
means the costs to the city of performing the acts required under this chapter. The city council determines that the administrative costs are in the amount of $100 for each vehicle removed if the vehicle is removed by or on behalf of the city without a hearing pursuant to Section 10.68.100 of this article. In those cases in which the hearing officer conducts a hearing pursuant to Section 10.68.110 of this article, the hearing officer shall fix and determine the administrative costs which shall be the actual cost to the city of performing all of the acts pertaining to the specific vehicle which is the subject of the hearing.
"Code enforcement officer"
means the chief building official for the city of Hanford or his/her designee.
"Cost of removal"
means the actual cost to the city of having the vehicle removed.
"Hearing officer"
means parking citation adjudication officer for the city of Hanford.
"Highway"
means a way or place of whatever nature, publicly maintained and open to the use of the public for purposes of vehicular travel. The term "highway" includes streets.
An "inoperative vehicle"
is one which:
1. 
Has no engine; or
2. 
Has no radiator; or
3. 
Has no transmission; or
4. 
Has no drive shaft; or
5. 
Has no gasoline tank; or
6. 
Has less than four wheels or tires; or
7. 
Cannot be started and caused to move under its own power a distance of at least 200 yards within 24 hours.
Where the owner or other person in possession of any vehicle described above contends that such vehicle is inoperative only due to the fact that it is under repair, proof that missing parts have been ordered within a reasonable time, or are being repaired, may be accepted by the code enforcement officer as a basis for with-holding further action under the provisions of this article for a reasonable time.
"Public property"
means a place of whatever nature open to the use of the public, but does not include a highway.
"Vehicle"
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. The term "vehicle" also includes any part or portion of a vehicle which is less than a whole vehicle, and all of the provisions of this article apply to a part or portion of a vehicle which is less than a whole vehicle.
"Vehicle owner"
means the registered owner or person having ownership of the vehicle if not registered.
(Ord. 96-25 § 1, 1996; Ord. 99-04, 1999)
This article shall not apply to either of the following:
A. 
A vehicle or any part thereof that is completely enclosed within a building in a lawful manner so that it is not visible from the street or other public or private property;
B. 
A vehicle or any part thereof that is stored or parked in a lawful manner on private property in connection with the business of a licensed dismantler, licensed vehicle dealer or a junk yard.
Nothing in this section shall authorize the creation or existence of a public or private nuisance.
(Ord. 96-25 § 1, 1996; Ord. 99-04, 1999)
This article is not the exclusive regulations of abandoned, wrecked, dismantled or inoperative vehicles within the city. It shall supplement and be in addition to the other statutes and ordinances heretofore or hereafter enacted by the state, the city, or any other legal entity or agency having jurisdiction.
(Ord. 96-25 § 1, 1996; Ord. 99-04, 1999)
Except as otherwise provided herein, the provisions of this article shall be administered and enforced by the code enforcement officer and the employees in his/her department or other persons authorized by the code enforcement officer to administer and enforce this article.
(Ord. 96-25 § 1, 1996; Ord. 99-04, 1999)
A. 
The code enforcement officer, the employees of his/her department and other persons authorized by the code enforcement officer may enter upon private or public property to examine a vehicle and to obtain information as to the ownership and identity of a vehicle when enforcing this article.
B. 
If the city enters into a contract with any person to remove or cause the removal of vehicles which have been declared to be public nuisances pursuant to this article, such person may enter upon private or public property to remove such vehicles.
C. 
Every person is guilty of an infraction who in any way denies, obstructs or hampers the entrance of the persons mentioned in this section upon private or public property to carry out the aforementioned duties or who denies, obstructs or hampers the performance of such duties by such persons after they have entered the property.
(Ord. 96-25 § 1, 1996; Ord. 99-04, 1999)
If it appears to the code enforcement officer that an abandoned, wrecked, dismantled or inoperative vehicle is located on private or public property, the code enforcement officer may follow such administrative procedures to secure voluntary removal of such vehicle as appear advisable in each individual case prior to giving a notice of intention to abate pursuant to Section 10.68.080 of this article.
(Ord. 96-25 § 1, 1996; Ord. 99-04, 1999)
If the code enforcement officer cannot secure voluntary removal of the vehicle pursuant to Section 10.68.070 of this article, the code enforcement officer shall give a ten day written notice of intention to abate and remove the vehicle, or any part thereof, as a public nuisance to the property owner and the owner of the vehicle, unless the property owner and the owner of the vehicle have signed releases authorizing removal of the vehicle, or any part thereof, and waiving any further interest in the vehicle or any part thereof. Said written notice of intention to abate or remove the vehicle, or any part thereof, shall contain a statement of the hearing rights of the owner of the property on which the vehicle is located and the owner of the vehicle. The statement shall include notice to the property owner that he or she may appear in person at a hearing and may submit a sworn statement denying responsibility for the presence of the vehicle on the land, with his or her reasons for such denial, in lieu of appearing at the hearing. The notice of intention to abate shall be mailed, by registered or certified mail, to the owner of the land as shown in the last equalized assessment role and to the last registered or legal owners of record of the vehicle, unless the vehicle is in such condition that identification numbers are not available to determine ownership.
(Ord. 96-25 § 1, 1996; Ord. 99-04, 1999)
The registered or legal owner of the vehicle or the owner of the land on which the vehicle is located may request a hearing on the question of abatement and removal of the abandoned, wrecked, dismantled or inoperative vehicle or any part thereof, and on the question of assessment of the administrative costs and cost of removal against the property on which it is located. Such request for a hearing shall be in writing and shall be filed with the code enforcement officer within ten days after the date on which the notice of intention described in Section 10.68.080 of this article was mailed by the code enforcement officer. If the owner of the land on which the vehicle is located files with the code enforcement officer a sworn statement denying responsibility for the presence of the vehicle on his/her land within said ten day period, said statement shall be construed as a request for a hearing which does not require the presence of the owner submitting such request.
(Ord. 96-25 § 1, 1996; Ord. 99-04, 1999)
If no hearing is requested within the time limits specified in Section 10.68.090 of this article, the code enforcement officer shall cause the vehicle to be removed and taken to a junk yard, automobile dismantling yard or refuse disposal site. In addition, the owner of the vehicle and/or owner of the land on which the vehicle is located, shall be required to pay all administrative costs and all costs of removal, in the amounts set forth in Section 10.68.020 of this article. The code enforcement officer shall send a request for payment of said costs to the owner of the property by regular mail and if he/she does not pay said costs within 30 days after the date on which the letter was mailed, the procedure set forth in subsection C of Section 10.68.180 of this chapter shall be followed.
(Ord. 96-25 § 1, 1996; Ord. 99-04, 1999)
If a public hearing has been requested in accordance with the provisions of Section 10.68.090 of this article, a public hearing shall be held on the question of abatement and removal of a vehicle as an abandoned, wrecked, dismantled or inoperative vehicle and the assessment of the administrative costs and cost of removal against the property on which it is located. The code enforcement officer shall cause notices of the time and place of the hearing to be sent by regular mail to the owner of the land as shown on the last equalized county assessment roll, and to the last registered and legal owners of record of the vehicle unless the vehicle is in such condition that identified numbers are not available to determine ownership. Said notices shall be mailed at least ten days before the date of the hearing.
(Ord. 96-25 § 1, 1996; Ord. 99-04, 1999)
The public hearing under this article shall be conducted by the city's hearing officer. The hearing officer shall hear all pertinent evidence offered by all interested persons, including testimony on the condition of the vehicle and the circumstances concerning its location on private property or public property. The technical rules of evidence shall not be applicable to the hearing. The owner of the land on which the vehicle is located may appear in person at the hearing or present a sworn written statement for consideration at the hearing. The owner of the land may deny responsibility for the presence of the vehicle on the land, with his/her reasons for such denial.
(Ord. 96-25 § 1, 1996; Ord. 99-04, 1999)
A. 
At the conclusion of the public hearing, the hearing officer shall determine whether the vehicle or any part thereof has been abandoned, wrecked, dismantled, or is inoperative on private or public property and order the same removed from the property as a public nuisance and disposed of as hereafter provided. The hearing officer may also determine the amount of the administrative costs and costs of removal in accordance with Section 10.68.020 of this article, and may determine that the administrative costs and the cost of removal are to be charged against the owner of the land on which the vehicle is located and/or the owner of the vehicle.
B. 
If it is determined by the hearing officer that the vehicle was placed on the land without the consent of the landowner and that he has not subsequently acquiesced in its presence, the hearing officer shall not assess administrative costs or the cost of removal of the vehicle against the property upon which the vehicle is located or otherwise attempt to collect such costs from such landowner. The hearing officer shall then assess these costs to the owner of the vehicle.
C. 
The hearing officer may impose such conditions and take such other action as he/she deems appropriate under the circumstances to carry out the purposes of this article. The hearing officer may delay the time for removal of the vehicle if, in his/her opinion, the circumstances are justified.
D. 
The hearing officer shall given written notice of his/her decision to all of the interested persons to whom the notice of hearing was mailed.
(Ord. 96-25 § 1, 1996; Ord. 99-04, 1999)
Within ten days after notice of the decision of the hearing officer has been mailed to the interested parties, any person affected by the decision may file with the city clerk a written notice of appeal from said decision. The written notice of appeal shall identify the reasons for the appeal. The city clerk shall thereafter set the matter for hearing. The city clerk shall give written notice of the hearing to all of the persons mentioned in Section 10.68.110 of this article. At the time and place set for the hearing, the city council shall hear the matter and all of the provisions of Section 10.68.120 of this article shall be applicable to said hearing. The decision of the city council after such hearing upon the appeal is final and conclusive as to all things involved in the matter. The city clerk shall give written notice of the decision of the city council to all of the persons to whom notice of the hearing was mailed.
(Ord. 96-25 § 1, 1996; Ord. 99-04, 1999)
A. 
At any time after the Hearing Officer orders an abandoned, wrecked, dismantled or inoperative vehicle to be removed, pursuant to Section 10.68.130 of this article, any interested party may cause such vehicle to be removed. If the hearing officer has assessed administrative costs and the cost of removal against the owner of the property on which the vehicle is located and/or the owner of the vehicle, and the vehicle is voluntarily removed without the cost to the city, only the administrative costs shall thereafter be collected from the owner of the property and/or owner of the vehicle.
B. 
If no appeal has been filed, and the vehicle has not been removed within ten days after notice of the decision of the hearing officer was mailed to the interested parties, the code enforcement officer shall cause the vehicle to be removed and taken to a junk yard, automobile dismantling yard or refuse disposal site.
C. 
If an appeal has been filed, and the vehicle has not been removed within ten days after the notice of decision of the city council was mailed to the interested parties, the code enforcement officer shall cause the vehicle to be removed and taken to a junk yard, automobile dismantling yard, or refuse disposal site.
(Ord. 96-25 § 1, 1996; Ord. 99-04, 1999)
After a vehicle has been removed pursuant to the provisions of this article, it shall not thereafter be reconstructed or made operable, unless it qualifies as a historical vehicle, pursuant to Section 5004 of the California Vehicle Code.
(Ord. 96-25 § 1, 1996; Ord. 99-04, 1999)
Within five days after the date of removal of the vehicle pursuant to the provisions of this article, the code enforcement officer shall give notice of the removal to the Department of Motor Vehicles of the state identifying the vehicle removed and transmit to said department any evidence of registration available, including, but not limited to, registration certificates, certificates of title and license plates.
(Ord. 96-25 § 1, 1996; Ord. 99-04, 1999)
A. 
If the code enforcement officer has caused the vehicle to be removed from the property, and the hearing officer has assessed administrative costs and the cost of removal against the owner of the property on which the vehicle is located, the code enforcement officer shall mail a notice to the owner of the property of the total costs to be paid by the owner of the property.
B. 
If any interested party has caused the vehicle to be removed from the property without cost to the city and the hearing officer has previously assessed administrative costs and the cost of removal against the owner of the property on which the vehicle is located, the code enforcement officer shall mail a notice to the owner of the property of the administrative costs to be paid by the owner of the property. If the vehicle is voluntarily removed by any interested party prior to the date of hearing, there shall be no administrative costs assessed or charged.
C. 
If the costs referred to in subsections A and B of this section are not paid within 30 days after the date on which the notice referred to therein is mailed to the owner of the property, the city council may direct the county auditor to place the unpaid costs on the county tax roll as a special assessment against the property pursuant to Section 25845 of the Government Code of the state. The assessment shall be collected at the same time and in the same manner as ordinary county taxes are collected, and shall be subject to the same penalties and the same procedure and sale in case of delinquency as provided for ordinary county taxes. All laws applicable to the levy, collection and enforcement of county taxes shall be applicable to such special assessment.
D. 
Special assessment.
(Ord. 96-25 § 1, 1996; Ord. 99-04, 1999)
Prior to the removal of the vehicle or part thereof as provided in this article, the code enforcement officer shall inventory any unclaimed personal property found in such vehicle. The inventory shall be conducted in the presence of the owner of the vehicle or the owner of the land upon which the vehicle is located, if such persons can be located with reasonable effort. The code enforcement officer shall retain and dispose of such property in the same manner as any other property found or abandoned in the city.
(Ord. 96-25 § 1, 1996; Ord. 99-04, 1999)
A. 
It is unlawful and an infraction 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 for a period in excess of 15 days unless such vehicle, or part 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, licensed vehicle dealer, or a junk yard.
B. 
It is unlawful and an infraction for any person to fail or refuse to remove an abandoned, wrecked, dismantled, or inoperative vehicle, or part thereof, or to 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. 96-25 § 1, 1996; Ord. 99-04, 1999)