In addition to, and in accordance with, the determination made and the authority granted by the state of California pursuant to Section 22660 of the California 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 creates 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, except as expressly permitted in this chapter, constitutes a public nuisance which may be abated as such in accordance with the provisions of this chapter.
(Ord. 674 § 2)
As used in this chapter, the following words and phrases are defined as set out in this section:
"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.
"Owner of the land"
means the owner of the land on which the vehicle, or parts thereof, is located, as shown on the last equalized assessment roll.
"Owner of the vehicle"
means the last registered owner and legal owner of record.
"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.
(Ord. 674 § 2)
A. 
This chapter shall not apply to:
1. 
A vehicle, or part thereof, which is completely enclosed within a building in a lawful manner where the vehicle is not visible from the highway 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;
3. 
A vehicle or parts thereof, located behind a solid fence, six feet in height or not plainly visible from a highway;
4. 
A vehicle, or parts thereof, of historic value or special interest as described in California Vehicle Code Section 5051.
B. 
Nothing in this section authorizes 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. 674 § 2)
This chapter is not the exclusive regulation of abandoned, wrecked, dismantled or inoperative vehicles within the county. It shall supplement and be in addition to the other regulatory codes, statutes and ordinances heretofore or hereafter enacted by this county, the state, or any other legal entity or agency having jurisdiction.
(Ord. 674 § 2)
Except as otherwise provided in this chapter, the provisions of this chapter shall be administered and enforced by the chief of police of the city who shall serve as the vehicle abatement officer. In the enforcement of this chapter, such officer and his officers or designees 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 cause the removal of a vehicle or part thereof declared by either the vehicle abatement officer or the city council to be a nuisance pursuant to this chapter. The authority granted by this section is limited by the Fourth Amendment of the United States Constitution relating to search and seizure.
(Ord. 674 § 2)
When the city council of the city has contracted with or granted a franchise to any person or persons to remove vehicles pursuant to this chapter, 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. The authority granted by this section is limited by the Fourth Amendment of the United States Constitution relating to search and seizure.
(Ord. 674 § 2)
The city council shall, from time to time, by resolution or ordinance, 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. 674 § 2)
Upon discovering the existence of an abandoned, wrecked, dismantled or inoperable vehicle, or parts thereof, on private property or public property within the county, the vehicle abatement office shall have the authority to issue an order declaring such vehicle or parts thereof to be a public nuisance as described in Section 10.56.010, and to cause the abatement, removal and disposal thereof in accordance with the procedures described in this chapter.
(Ord. 674 § 2)
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 as shown on the last equalized assessment roll and to the last registered and legal owner of record, unless the vehicle is in such a condition that identification numbers are not available to determine ownership. The notices of intention shall be in substantially the following form:
To Owner of Land:
ORDER DECLARING EXISTENCE OF PUBLIC NUISANCE, AND NOTICE OF INTENTION TO ABATE AND REMOVE AN ABANDONED, WRECKED, DISMANTLED, OR INOPERATIVE VEHICLE OR PARTS THEREOF AS A PUBLIC NUISANCE
TO: (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, pursuant to Chapter 10.56 of the Crescent City Municipal Code has determined that there exists upon said land an abandoned, wrecked, dismantled, or inoperative vehicle, hereinafter referred to as "Vehicle." The Vehicle is registered to (name of registered owner), bears license number; #rule, and constitutes a public nuisance pursuant to the provisions of Crescent City Municipal Code, Chapter 10.56.
You are hereby notified to abate said nuisance by the removal of said Vehicle within 10 days from the date of mailing of this notice; and upon your failure to do so, the same will be abated, removed, and disposed of by the County of Del Norte; and the costs thereof, together with administrative costs, will be assessed to you as owner of the land on which said Vehicle is located.
As owner of the land on which said 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 Clerk of the City of Crescent City within such ten day period, the Vehicle Abatement Officer shall have the authority to abate, remove, and dispose of said Vehicle as a public nuisance and assess the costs as aforesaid without a public hearing. You may submit a sworn written statement within such ten day period denying responsibility for the presence of said 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:
____________________
Vehicle Abatement Officer
To Registered and Legal Owners:
ORDER DECLARING EXISTENCE OF PUBLIC NUISANCE, AND NOTICE OF INTENTION TO ABATE AND REMOVE AN ABANDONED, WRECKED, DISMANTLED, OR INOPERATIVE VEHICLE OR PARTS THEREOF AS A PUBLIC NUISANCE
TO: (Name and address of last registered owner) and (Name and address of legal owner of record if different than registered owner)
As last registered (and/or legal) owner of record of (description of vehicle - make, model, license, identification number, etc.), you are hereby notified that the undersigned, pursuant to Chapter 10.56 of the Crescent City 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 Chapter 10.56.
You are hereby notified to abate said nuisance by removing said Vehicle within 10 days from the date of the mailing of this notice.
As registered (and/or legal) owner of record of said Vehicle, you are hereby notified that you may, within 10 days after the mailing of this notice of intention, file a written request for a public hearing; and if such written request is not received by the City Clerk within such ten day period, the Vehicle Abatement Officer shall have the authority to abate and remove said Vehicle without a hearing.
If you do not request a public hearing within the ten day period, the Vehicle or parts thereof may be disposed of by removal to a scrapyard or automobile dismantler's yard.
If you are the registered owner of the Vehicle, your failure to request a public hearing will be deemed to be an abandonment of the Vehicle thereby making you liable for the cost of removal and disposition of the Vehicle, including administrative costs.
NOTICE MAILED:
____________________
Vehicle Abatement Officer
(Ord. 674 § 2)
A. 
When a notice of intention is required to be mailed, but no request for hearing is received within ten days after mailing of the notice of intention to abate and remove, the county shall have the authority to abate, remove and dispose of the vehicle, or parts thereof, as a public nuisance without holding a public hearing.
B. 
The vehicle may be disposed of by removal to a scrapyard or automobile dismantler's yard. In such event, both the owner of the land and the last registered owner are responsible for the costs of removal and the administrative costs described in Section 10.56.070. The vehicle abatement officer shall file an abatement lien and special assessment which has been approved by the city council with the county recorder against the property upon which the vehicle is located in compliance with Section 10.56.170. The vehicle abatement officer shall further notify the county officer assigned the duties of collecting debts owed to the county to recover the costs of removal and the administrative costs described in Section 10.56.070 from the registered owner of the vehicle.
C. 
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 California Vehicle Code, in which case the vehicle may be reconstructed or made operable.
(Ord. 674 § 2)
A. 
A notice of intention to abate shall not be required:
1. 
If the property owner and the owner of the vehicle have signed releases authorizing removal, agreeing to pay the actual costs of removal and administrative costs pursuant to Section 10.56.070, and waiving further interest in the vehicle or part thereof; or
2. 
All of the following conditions are satisfied:
a. 
The vehicle or part thereof is inoperable due to the absence of a motor, transmission or wheels and is incapable of being towed,
b. 
The vehicle or part thereof is valued at less than two hundred dollars by the vehicle abatement officer or any other person authorized to make such appraisals pursuant to California Vehicle Code Section 22855,
c. 
The vehicle abatement officer has determined that the vehicle or part thereof is a public nuisance presenting an immediate threat to public health or safety,
d. 
The owner of the property upon which the vehicle, or parts thereof, is located has signed a release authorizing the removal and waiving further interest in the vehicle or part thereof, and
e. 
The vehicle is located upon a parcel that is either zoned for agricultural use or is not improved with a residential structure containing one or more dwelling units.
B. 
If a vehicle is removed pursuant to subsection (A)(2) of this section, prior to final disposition, the registered or legal owner shall be notified of the intent to dispose of the vehicle or part thereof. If the vehicle or part thereof is not claimed and removed from the scrapyard, automobile dismantler's yard or public disposal area within twelve days after the notice to dispose of vehicle is mailed, final disposition may proceed. In such event, the registered and/or legal owner shall be responsible for payment of the actual cost of removal and administrative costs determined as set forth in Section 10.56.070.
(Ord. 674 § 2)
A. 
Upon request by the owner of the vehicle or owner of the land received by the city clerk within ten days after the mailing of the notice of intention to abate and remove, a public hearing shall be scheduled by the clerk of the city council to take place at the next meeting of the city council for which an agenda has not been published. Upon a finding by the city council at the public hearing that the vehicle, or parts thereof, is abandoned, wrecked, dismantled or inoperative, constituting a public nuisance, the city council shall order the abatement and removal of the vehicle and the administrative costs of removal and disposal 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 ten-day period, such 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 mail, at least ten days before the hearing to the owner of the land and to the legal and registered owners of the vehicle, unless the vehicle is in such condition that identification numbers are not available to determine ownership.
(Ord. 674 § 2)
A. 
All hearings under this chapter shall be held before the city council, hereinafter "hearing body," which shall hear all facts and testimony deemed 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 hearing body shall not be limited by the technical rules of evidence.
B. 
The owner of the land on which the vehicle is located may appear in person at the hearing or present a written statement, signed under penalty of perjury, 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.
C. 
The hearing body 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 hearing body may find that a vehicle or part thereof, has been abandoned, wrecked, dismantled, or is inoperative on private or public property, and by resolution 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 costs 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.
D. 
If it is determined at the hearing that the vehicle was placed on the land without the consent of the landowner and that he or she has not subsequently acquiesced in its presence, the hearing body 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 landowner.
E. 
If an interested party makes a written presentation to the hearing body, but does not appear, he or she shall be notified in writing of the decision of the hearing body by the city clerk.
F. 
The decision of the hearing body shall be final and conclusive for all purposes.
(Ord. 674 § 2)
No local agency or contractor thereof shall be liable for damage caused to a vehicle or part thereof by removal pursuant to Section 22661 of the California Vehicle Code and this chapter.
(Ord. 674 § 2)
Five days after adoption of the order declaring the vehicle or parts thereof to be a public nuisance, or ten days from the date of mailing of the notice of decision, as required by Section 10.56.130 of this chapter, whichever date is later, 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 unless it is a vehicle which qualifies for either horseless carriage license plates or historical vehicle license plates pursuant to Section 5004 of the California Vehicle Code, in which case the vehicle may be reconstructed or made operable.
(Ord. 674 § 2)
Within five days after the date of removal of the vehicle or part thereof, notice shall be given to the Department of Motor Vehicles by the persons authorized to remove the vehicle 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. 674 § 2)
If the administrative costs and the costs of removal which are charged against the owner of a parcel of land pursuant to Section 10.56.130 are not paid within thirty days of the date of the order, such costs shall be assessed against the parcel of land pursuant to Government Code Section 25845, and shall be transmitted to the tax collector for collection. Such assessment shall have the same priority as other county taxes.
(Ord. 674 § 2)
It is unlawful and a misdemeanor for any person to abandon, park, store, or leave or permit the abandonment, parking, storing or leaving of any licensed or unlicensed vehicle or parts thereof which is abandoned, wrecked, dismantled or in an inoperative condition upon any private property or public property, including highways, within the county for a period in excess of seventy-two or more consecutive hours unless such a vehicle or parts 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 or licensed vehicle dealer or a junkyard or when such storage or parking is necessary to the operation of a lawfully conducted business or commercial enterprise.
(Ord. 674 § 2)
It is unlawful and a misdemeanor 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. 674 § 2)