A.
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
not including highways is hereby 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 parts
thereof, on private or public property not including highways, except
as expressly hereinafter permitted, is a public nuisance which may
be abated as such in accordance with the provisions of this chapter.
B.
"Vehicle"
"Highway"
"Public property"
"Owner of the land"
"Owner of the vehicle"
"City"
As
used in this chapter:
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 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 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 the City of Carlsbad.
(Ord. 5042 § 1, 1968; Ord. 3101 § 1, 1975)
This chapter shall not apply to:
A.
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
B.
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.
|
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.
|
(Ord. 5042 § 2, 1968)
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. 5042 § 3, 1968)
A.
Except
as otherwise provided herein, the provisions of this chapter shall
be administered and enforced by the City Manager or some other regularly
salaried full-time employee of the city designated by the City Manager
as his or her representative. The removal of vehicles or parts thereof
from property may be by any duly authorized person. Any such authorized
person may enter upon private property for the purposes specified
in this chapter to examine a vehicle or parts thereof, obtain information
as to the identity of a vehicle, and remove or cause the removal of
a vehicle or part thereof declared to be a nuisance pursuant to this
chapter.
B.
Wherever
the term "City Manager" is used in this chapter, it includes any such
person or public entity as the City Council may, by resolution, designate.
In accord with Section 22665 of the Vehicle Code, the City Council
may, by resolution, request the California Highway Patrol to administer
this chapter.
(Ord. 5042 § 4, 1967; Ord. 3101 § 1, 1975; Ord. 5052 § 1, 1977)
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. 5042 § 5, 1968)
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 part thereof) under this chapter.
(Ord. 5042 § 6, 1968)
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 shall have the authority
to cause the abatement and removal thereof in accordance with the
procedure prescribed in this chapter.
(Ord. 3101 § 2, 1975)
A 10-day notice of intention to abate and remove the vehicle,
or parts thereof, as a public nuisance shall be mailed by registered
or certified 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:
|
NOTICE OF INTENTION TO ABATE AND REMOVE AN ABANDONED, WRECKED,
DISMANTLED OR INOPERATIVE VEHICLE OR PARTS THEREOF AS A PUBLIC NUISANCE
|
|
(Name and address of owner of the land)
|
|
As owner shown on the last equalized assessment roll of the land located at (address), you are hereby notified that the undersigned has determined that there exists upon said land an (or parts of an) abandoned, wrecked, dismantled or inoperative vehicle registered to ____________, license number ____________ which constitutes a public nuisance pursuant to the provisions of Chapter 10.52 of the Carlsbad Municipal Code.
|
|
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.
|
|
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 City Council
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.
|
|
Notice Mailed ____________
(date)
|
|
s/ _____________________________
City Manager, City of Carlsbad.
|
|
NOTICE OF INTENTION TO ABATE AND REMOVE AN ABANDONED, WRECKED,
DISMANTLED OR INOPERATIVE VEHICLE OR PARTS THEREOF AS A PUBLIC NUISANCE
|
|
(Name and address of last registered and/or legal owner of record
of vehicle—notice should be given to both if different.)
|
|
As last registered (and/or legal) owner of record of (description of vehicle—make, model, license, etc.) you are hereby notified that the undersigned 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 Chapter 10.52 of the Carlsbad Municipal Code.
|
|
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.
|
|
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 City
Council 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.
|
|
Notice Mailed ____________
(date)
|
|
s/ _____________________________
City Manager, City of Carlsbad.
|
(Ord. 5042 § 7, 1968; Ord. 3101 § 1, 1975)
Notice of hearing shall also be given to the California Highway
Patrol identifying the vehicle or part thereof proposed for removal,
such notice to be mailed at least 10 days prior to the public hearing.
(Ord. 5042 § 8, 1968)
A.
Upon
request by the owner of the vehicle or owner of the land received
by the City Council within 10 days after the mailing of the notices
of intention to abate and remove, a public 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.
B.
If
the owner of the land submits a sworn written statement denying responsibility
for the presence of the vehicle on his or her land within such 10-day
period, the statement shall be construed as a request for a hearing
which does not require the owner's presence. Notice of the hearing
shall be mailed, by registered or certified mail, at least 10 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 10 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. 3101 § 2, 1975)
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 part 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 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.
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 part 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 part thereof has been abandoned, wrecked, or 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 provided in Section 10.52.100, and determine the administrative costs and the cost of removal to be charged against the owner of the parcel of land on which the vehicle or part thereof is located. 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 available at the site.
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 or she
has not subsequently acquiesced in its presence, the City Council
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.
If an interested party makes a written presentation to the City
Council but does not appear, he or she shall be notified in writing
of the decision.
(Ord. 5042 § 9, 1968)
Five days after adoption of the order declaring the vehicle or parts thereof to be a public nuisance, and five days from the date of mailing of the notice of the decision if such notice is required by Section 10.52.090, the vehicles or parts thereof may be disposed of by removal to a scrapyard, automobile dismantler's yard, or any suitable site operated by a local authority or any other final disposition consistent with Subsection (e) of Section 22661 of the Vehicle Code. 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.
(Ord. 5042 § 10, 1968; Ord. 5052 § 1, 1977)
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 the vehicle or part thereof removed. At the same time
there shall be transmitted to the Department of Motor Vehicles any
evidence of registration available, including registration certificates,
certificates of title and license plates.
(Ord. 5042 § 11, 1968)
If the administrative costs and the cost of removal which are charged against the owner of a parcel of land pursuant to Section 10.52.090 are not paid within 30 days of the date of the order, 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 collector for collection. The assessment shall have the same priority as other city taxes.
(Ord. 5042 § 12, 1968)
A.
The
notice of intention to abate and remove a vehicle or part thereof
need not be given if:
1.
The
vehicle or part thereof is located upon a parcel of land zoned for
agricultural use or not improved with a residential structure containing
one or more dwelling units; and
2.
The
property owner and owner of the vehicle have signed releases authorizing
removal and waiving any further interest in the vehicle or part thereof;
or
3.
The
vehicle or part thereof is inoperable due to the absence of a motor,
transmission, or wheels and incapable of being towed, is valued at
less than $200.00 by a person designated by Section 22855 of the State
Vehicle Code, is determined by the City Council to be a public nuisance
presenting an immediate threat to public health or safety, and the
property owner has signed a release authorizing removal and waiving
any further interest in the vehicle or part thereof. Prior to final
disposition of the vehicle or part thereof, the City Manager shall
give the notice specified in Section 22661(c) of the State Vehicle
Code.
B.
If
the owner of the property or vehicle desires a hearing pursuant to
this chapter the request therefor shall be filed at the time of signing
the release provided for in this section.
(Ord. 3166 § 1, 1984)
It is unlawful 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 within the city for a period in excess of three 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 a private property in connection with
the business of a licensed dismantler, licensed vehicle dealer or
a junkyard.
(Ord. 5062 § 1, 1981; Ord. NS-35 § 1, 1988)
A.
It
is unlawful 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. 5062 § 1, 1981)
