In addition to, and in accordance with the determination made
and the authority granted by the state of California 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:
A.
That
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 public welfare;
B.
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. 98-156)
The community development director or the city manager's designee
is designated as the official responsible for the administration of
this chapter. In the administration chapter, the community development
director or the city manager's designee may, upon presentation of
proper credentials, enter upon private or public property to examine
a vehicle or parts thereof, or obtain information as declared to be
a nuisance pursuant to this chapter.
(Ord. 98-156; Ord. 10-298 § 1)
It shall be unlawful for any persons to abandon, park, store
or leave or permit the abandonment, parking, storing or leaving of
any 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 unincorporated area of the county,
for a period in excess of seven days.
(Ord. 98-156)
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;
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;
C.
A vehicle
or part thereof which qualifies as a vehicle of historic value and
has special identification plates for a historical vehicle, as described
in Section 5004 of the California Vehicle Code.
(Ord. 98-156)
The community development director or the city manager's designee shall follow the procedures outlined below in the investigation and enforcement of violation of Section 10.28.030.
A.
Notice
of Intention to Abate and Remove Vehicle. When it is determined by
the community development director or the city manager's designee
that a violation exists, the owner of the property as shown on the
latest assessment roll, and the last registered and legal owners of
the vehicle, if the identification numbers are unidentifiable, shall
be notified by registered or certified mail of the intention to abate
and remove the vehicle or part thereof as a public nuisance. The notice
shall state that the owner of the property or vehicle has 10 business
days in which to correct the violation or appeal the determination
of the director to the city council for a public hearing. This required
notice may be waived by the owner(s) of the property and the vehicle
with a signed release authorizing removal and waiving further interest
in the vehicle or part thereof.
B.
Statement of Nonresponsibility. If a vehicle was abandoned without the consent or knowledge of the property owner, and he or she has direct control of the property, the property owner may submit a state-ment of nonresponsibility within 10 business days of the mailing of the notice of intention to abate and remove the vehicle. If the community development director or the city manager's designee determines the property owner is not responsible for the abandoned vehicle, the administration fee will be waived. If staff determines the owner is responsible for the abandoned vehicle, he or she will be so advised. This determination can be appealed pursuant to subsection C below:
C.
Vehicle
Not to be Reconstructed. Any vehicle removed as a result of this chapter
shall not be reconstructed or made operable unless it is a vehicle
which qualifies for either horseless carriage licensed plates or historical
vehicles license plates.
D.
Notice
to the Department of Motor Vehicles. Within five business days after
the removal, notice shall be given to the Department of Motor Vehicles
identifying the vehicle or part thereof and any evidence of registration
available, including, but not limited to, the registration card, certificates
of ownership or license plates.
E.
Assessment
of Cost. The city council shall establish administrative costs and
the cost for removal of a vehicle, and such costs shall be charged
against the owner of a parcel of land unless it has been found that
the owner is not responsible for the location of the vehicle on his
property. If the costs are not paid within 30 business 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 25845 of the Government Code, and shall be transmitted to
the tax collector for collection. The assessment shall have the same
priority as other taxes.
(Ord. 98-156; Ord. 10-298 § 1)
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. 98-156; Ord. 01-191 § 20)
