For the purposes of this chapter, the following words and phrases
shall have the meanings respectively ascribed to them by this section:
means a vehicle which is not currently registered with the
California Department of Motor Vehicles and appears by sight to have
been left to the elements.
means a vehicle from which any part has been removed which
removal prevents its lawful operation upon any highway.
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 a vehicle which cannot be lawfully operated upon any
highway.
means the owner of the land on which the vehicle, or parts
thereof, is located. The owner is the person to whom such property
is assessed in the county assessor's office.
means the last registered owner and legal owner of record.
Whenever "police" or "fire chief" are used, they mean to
include any personnel designated to enforce such ordinance.
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.
means a vehicle which, due to physical impairment or damage,
cannot be lawfully operated upon any highway.
(Prior code § 12A-14; Ord. 765 § 1, 1987; Ord. 786 § 1, 1988)
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 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 harboring 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 permitted in this chapter,
is declared to constitute a public nuisance which may be abated as
such in accordance with the provisions of the chapter.
(Prior code § 12A-13; Ord. 765 § 1, 1987; Ord. 830 § 2, 1989)
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 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.
C.
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.
(Prior code § 12A-15; Ord. 765 § 1, 1987)
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.
(Prior code § 12A-16; Ord. 765 § 1, 1987)
Except as otherwise provided in this chapter, the provisions
of this chapter shall be administered and enforced by the city police
chief or fire chief. In the enforcement of this chapter such officer
and his deputies 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.
(Prior code § 12A-17; Ord. 765 § 1, 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 to this chapter.
(Prior code § 12A-18; Ord. 765 § 1, 1987)
The city council shall from time to time determine and fix by
resolution an amount to be assessed as administrative costs (excluding
the actual cost of removal of any vehicle or parts thereof) under
this chapter.
(Prior code § 12A-19; Ord. 765 § 1, 1987; Ord. 830 § 3, 1989)
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 police chief or fire chief shall
have the authority to cause the abatement and removal thereof in accordance
with the procedure prescribed in this chapter.
(Prior code § 12A-20; Ord. 765 § 1, 1987)
At least a ten-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 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 8.20.050 of the Manteca Municipal Code 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 Section 8.20.020 of the Manteca Municipal Code.
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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 City Police Chief
or Fire Chief within such 10-day period, the City Police Chief or
Fire Chief shall have the authority to abate and remove said vehicle,
or said parts of a vehicle, as a public nuisance and assess the cost
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 vehicle) on said land,
with reasons for denial, and such statement shall be construed as
a request for a 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 _______________________________
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Inspector ___________________________________
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Police Chief or Fire Chief ______________________
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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 of record
of vehicle notice to 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 8.20.050 of the Manteca 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 Section 8.20.020 of the Manteca Municipal Code.
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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 City
Police Chief or Fire Chief within such 10-day period, the City Police
Chief or Fire Chief 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 _______________________________
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Inspector ___________________________________
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Police Chief or Fire Chief ______________________
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(Prior code § 12A-21; Ord. 765 § 1, 1987; Ord. 830 §4, 1989)
A.
Upon
request by the owner of the vehicle or owner of the land, received
by the city police chief or fire chief within ten days after the mailing
of the notices of intention to abate and remove, a public hearing
shall be held by the city police chief or fire chief 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 land within such ten-day period,
such 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 the 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.
(Prior code § 12A-22; Ord. 765 § 1, 1987; Ord. 830 §5, 1989)
A.
All
hearings under this article shall be held before the city police chief
or fire chief which shall hear all facts and testimony he or she deems
pertinent. Such facts and testimony may include testimony on the condition
of the vehicle or parts thereof and the circumstances concerning its
location on the private property or public property. The city police
chief or fire chief 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 reasons for such denial.
B.
The
city police chief or fire chief may impose such conditions and take
such other action as he or she deems appropriate under the circumstances
to carry out the purpose of this chapter. He or she may delay the
time for removal of the vehicle or parts thereof if, in his opinion,
the circumstances justify it. At the conclusion of the public hearing,
the city police chief or fire chief may find that a vehicle or parts
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 provided in this
chapter and determine the administrative costs and the cost of removal
to be charged against the owner of the land. 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.
C.
If the
owner of the land submits 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 police
chief or fire chief but does not appear, he or she shall be notified
in writing of the decision.
(Prior code § 12A-23; Ord. 765 § 1, 1987; Ord. 830 §6, 1989)
A.
Any
interested party may appeal the decision of the city police chief
or fire chief by filing a written notice of appeal with the city manager
within five days after its decision.
B.
Such
appeal shall be heard by the city council which may affirm, amend
or reverse the order or take other action deemed appropriate.
C.
The city clerk shall give written notice of the time and place of the hearing to the appellant and those persons specified in Section 8.20.090.
D.
In conducting
the hearing the city council shall not be limited by the technical
rules of evidence.
(Prior code § 12A-24; Ord. 765 § 1, 1987; Ord. 830 §7, 1989)
Five days after adoption of the order declaring the vehicle or parts thereof to be a public nuisance, or five days from the date of mailing of notice of the decision if such notice is required by Section 8.20.090 or fifteen days after such action of the governing body authorizing removal following appeal, the vehicle or parts thereof may be disposed of by removal to a scrapyard or automobile dismantler's yard. After a vehicle has been removed it shall not thereafter be reconstructed or made operable.
(Prior code § 12A-25; Ord. 765 § 1, 1987)
Within five days after the date of removal of the vehicle or
parts thereof, notice shall be given to the Department of Motor Vehicles
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 registration certificates,
certificates of title and license plates.
(Prior code § 12A-26; Ord. 765 § 1, 1987)
If the administrative costs and the cost of removal which are charged against the owner of a parcel of land pursuant to Section 8.16.060 are not paid within ninety 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 collector for collection. Such assessment shall have the same priority as other city taxes.
(Prior code § 12A-27; Ord. 765 § 1, 1987)
