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 hereby
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 part thereof,
on private or public property not including highways, except as expressly
hereinafter permitted, is hereby declared to constitute a public nuisance
which may be abated as such in accordance with the provisions of this
chapter.
(Ord. 3338, 1968)
As used in this chapter:
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.
The owner of the land on which the vehicle, or parts thereof,
is located, as shown on the last Equalized Assessment Roll.
The last registered owner and legal owner of record.
Does not include "highway."
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. 3609, 1973)
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.
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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. 3338, 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. 3338, 1968)
Except as otherwise provided herein, the provisions of this
chapter shall be administered and enforced by the City Administrator.
In the enforcement of this chapter such officer and his or her 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 part thereof declared
to be a nuisance pursuant to this chapter.
(Ord. 3609, 1973)
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. 3338, 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. 3338, 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 Administrator shall have the authority
to cause the abatement and removal thereof in accordance with the
procedure prescribed herein.
(Ord. 3609, 1973)
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:
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NOTICE OF INTENTION TO ABATE 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 10.58.050 of the Santa Barbara 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 10.58.010 of the Santa Barbara 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 Council
within such 10-day period, the City Administrator 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 ________________
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s/ ________________
City Administrator
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NOTICE OF INTENTION TO ABATE 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 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 10.58.050 of the Santa Barbara 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 10.58.010 of the Santa Barbara 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
Council within such 10-day period, the City Administrator 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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s/ ________________
City Administrator
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(Ord. 3609, 1973)
A.
Upon
request by the owner of the vehicle or owner of the land received
by the City Administrator 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, said statement shall be construed as a request for a hearing
which does not require his or her 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 said 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. 3609, 1973)
A.
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 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.
B.
The
City Council may impose such conditions and take such other actions
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 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
hereinafter provided 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
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 or she
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.
D.
If
the owner of the land submits a sworn written statement denying responsibility
for the presence of the vehicle on his or her land but does not appear,
or 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. 3609, 1973)
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 notice of the decision if such notice is required by Section 10.58.010, the vehicle or parts thereof may be disposed of by removal to a scrapyard or automobile dismantler's yard, or any suitable site operated by a local agency. After a vehicle has been removed it shall not thereafter be reconstructed or made operable.
(Ord. 3609, 1973)
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.
(Ord. 3609, 1973)
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 of state law where such
state law is applicable.
(Ord. 3338, 1968)
If the administrative costs and the cost of removal which are charged against the owner of a parcel of land pursuant to Section 10.58.090 are not paid within 30 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. Said assessment shall have the same priority as other City taxes.
(Ord. 3609, 1973)
