Note: Editor's Note—Ord. 2004-873, § 1, repealed the former Ch. 8.08 and enacted a new chapter as set out herein. The former Ch. 8.08, §§ 8.08.010—8.08.170, pertained to similar subject matter and derived from §§ 20-9—20-22 of the prior Code, and Ord. 90-646, §§ 1(a)—(d), 2, 1990.
For the purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section.
"Enclosed private property"
means the fenced-in grounds and buildings immediately surrounding a house or dwellings.
"Enforcement Officer"
means the Community Development Director or his/her designee.
"Hearing Officer"
means the City Manager or his/her designee.
"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.
"Vehicle"
means a device by which any person or property may be propelled, moved, or drawn upon a roadway, except a device moved by human power or used exclusively upon stationary rails or tracks. "Vehicle" shall also include part(s) thereof, as well as, by way of illustration, motorcycles, trailers, carts, campers, recreational vehicles, buses or other auxiliary vehicles capable of moving or being drawn upon a roadway. Watercraft, such as boats, catamarans, dinghies, vessels, and other watercraft shall be considered vehicles for purposes of this chapter.
"Public property"
does not include highway.
"Abandoned vehicle"
means any vehicle which has been left stationary for more than 72 hours on property that is neither open to the public for parking nor part of the public right-of-way, without the consent of the person or entity that lawfully owns, controls, or occupies that property.
"Dismantled vehicle"
means a vehicle that has had, intentionally or unintentionally, one or more critical parts removed for 72 hours or more. A critical part is any part that is needed to safely operate the vehicle, including but not limited to a wheel or tire, windshield, door, side quarter panel, trunk, hood, roof, steering wheel, or transmission. A vehicle can be dismantled whether or not it is in an operative condition.
"Property owner"
means the owner of the nonpublic land on which the vehicle is located, as shown on the last equalized assessment roll.
"Vehicle owner"
means the last registered and legal owner of record, as shown by Department of Motor Vehicles records.
"Inoperative vehicle"
shall mean any abandoned, dismantled, wrecked, nonfunctional, unlicensed, unregistered, or wrecked vehicle or parts thereof, or any vehicle incapable of operating safely and legally upon any highway, roadway, public street, or waterway. Any of the following conditions may also render a vehicle inoperative, but shall not be limited to:
a. 
Having an accumulation of dirt, cobwebs, or debris on the vehicle, to the extent that visibility may be limited, or indicating long term non-use.
b. 
Having any accumulation of items stored on, around, or in the vehicle.
c. 
Having an accumulated growth of vegetation adjacent to the vehicle indicating non-use.
d. 
Having other unsightly conditions indicating inoperability.
e. 
Incapable of performing the function for which it was designed by virtue of missing parts or severely damaged components, including, but not limited to, deflated tires.
f. 
Prohibited from being operated on a highway pursuant to Vehicle Code Sections 4000, 5201, 24002, and/or 40001.
(Ord. 2004-873, § 1, 2004)
A. 
It shall be unlawful to park or store an inoperative vehicle for more than 72 hours in any residential zone other than the residential multiple family zone. An inoperative vehicle may be parked or stored for up to 72 hours pursuant to this section only on a paved driveway that is approved by the City pursuant to applicable provisions of this Code.
B. 
One inoperative vehicle may be stored for no more than one hundred eighty days (180) days in the side yard or rear yard provided the vehicle is screened by a solid six-foot high fence erected in an approved manner and provided the vehicle is stored on an approved paved surface.
(Ord. 2004-873, § 1, 2004)
It shall be unlawful to park or store an inoperative vehicle for more than 72 hours in any residential multiplefamily zone except in an entirely enclosed garage or building.
(Ord. 2004-873, § 1, 2004)
It shall be unlawful to park or store an inoperative vehicle for more than seventy (72) hours in any zone other than a residential zone except in an entirely enclosed garage or building.
(Ord. 2004-873, § 1, 2004)
All inoperative vehicles being legally stored in accordance with this chapter must have proof of ownership registered to the property address.
(Ord. 2004-873, § 1, 2004)
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 of the State to remove abandoned, wrecked, dismantled, or inoperative vehicles as public nuisances, the City Council makes the following findings and declarations.
B. 
The accumulation and storage of abandoned, wrecked, dismantled or inoperative vehicles 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 welfare. Therefore, the presence of an abandoned, wrecked, dismantled, or inoperative vehicle on private or public property, not including highways, except as expressly permitted in this chapter, is hereby declared to constitute a public nuisance, which may be abated as such in accordance with the provisions of this chapter.
(Ord. 2004-873, § 1, 2004)
A. 
This Chapter shall not apply to:
1. 
A vehicle 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
2. 
A vehicle which is stored or parked in a lawful manner on private property in connection with the business of a licensed dismantler, licensed vehicle dealer or junk dealer, or when such storage or parking is permitted in connection with the operation of a lawfully conducted business or commercial enterprise.
B. 
Nothing in this section shall authorize the maintenance of a public or private nuisance as defined under provisions of law other than this chapter or Chapter 10 (commencing with Section 22650) of Division 11 of the Vehicle Code.
(Ord. 2004-873, § 1, 2004)
Except as otherwise provided in this chapter, the provisions of this chapter shall be administered and enforced by the Enforcement Officer. In the enforcement of this chapter, the Enforcement Officer may enter upon private or public property to examine a vehicle or obtain information as to the identity of a vehicle and to remove or cause the removal of a vehicle declared to be a nuisance pursuant to this chapter. If consent to enter enclosed private property for purposes of this section has been requested and refused, or facts and circumstances exist to reasonably justify a failure to request such consent, the Enforcement Officer shall obtain an inspection warrant pursuant to Section 1822.50 et seq. of the Code of Civil Procedure.
(Ord. 2004-873, § 1, 2004)
The City Council shall from time to time determine and fix an amount to be assessed as administrative costs under this chapter, which shall be in addition to the actual cost of removal of any vehicle.
(Ord. 2004-873, § 1, 2004)
A. 
Not less than 10 days prior to the date of removal of a vehicle pursuant to this chapter, a notice of intention to abate and remove the vehicle shall be mailed by certified mail, with a five-day return requested, to the owner of the property on which the vehicle is located, as shown on the last equalized assessment roll of the County, and to the last registered and legal owner of the vehicle, unless the vehicle is in such condition that identification numbers are not available to determine ownership.
B. 
The notice of intention to abate and remove a vehicle shall contain a statement of the hearing rights of the owner of the property on which the vehicle is located and of the owner of the vehicle. The statement shall include notice to property owner that s/he may appear in person at a hearing or, in lieu of appearing, may submit a sworn written statement denying responsibility for the presence of the vehicle on the land, with his/her reasons for such denial.
(Ord. 2004-873, § 1, 2004)
A. 
The owner of the property on which the vehicle is located and/or the owner of the vehicle may request a hearing on the question of the abatement and removal of the vehicle pursuant to this chapter with 10 days after the mailing of the notice of intention pursuant to Section 8.08.100. The request shall be filed with the Community Development Department on forms provided by the Community Development Director.
B. 
Within 10 days of receipt of a request for a hearing pursuant to subsection A of this section, the Hearing Officer shall conduct a public hearing.
C. 
If the owner of the property on which the vehicle is located submits a sworn written statement denying responsibility for the presence of the vehicle on his/her property within the time period specified in subsection A of this section, such statement shall be construed as a request for a hearing which does not require the presence of the owner submitting such request. If such a request is not received within such period, the vehicle shall be removed pursuant to Section 8.08.140.
(Ord. 2004-873, § 1, 2004)
A. 
All hearings under this chapter shall be held before the Hearing Officer, who shall hear all facts and testimony s/he deems pertinent. The facts and testimony may include testimony on the condition of the vehicle and of the circumstances concerning its location on private or public property. The Hearing Officer shall not be limited by the technical rules of evidence. The owner of the property 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 property, with his/her reasons for such denial.
B. 
The Hearing Officer may impose such conditions and take such other action as s/he deems appropriate under the circumstances to carry out the purpose of this chapter. S/he may delay the time for removal of the vehicle if, in his/her opinion, such delay is justified by the circumstances. At the conclusion of the public hearing, the Hearing Officer shall make a determination whether the vehicle has been abandoned, wrecked, dismantled, or is inoperative pursuant to this chapter. If the Hearing Officer determines that the vehicle has been abandoned, wrecked, dismantled, or is inoperative, s/he may order the same removed from the property as a public nuisance and disposed of as hereinafter provided and may determine the administrative costs and the cost of removal to be charged against the owner of the vehicle or the owner of the property on which the vehicle is located. The order requiring removal shall include a description of the vehicle and the correct identification number and license number of the vehicle, if available.
C. 
If it is determined at the hearing that the vehicle was placed on the property without the consent of the landowner and that s/he has not subsequently acquiesced in its presence, the Hearing Officer 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 the landowner.
D. 
The owner of the property on which the vehicle is located and the owner of the vehicle shall be notified, in writing, of the Hearing Officer's decision. If an interested party makes a written presentation to the Hearing Officer but does not appear, s/he shall be notified, in writing, of the Hearing Officer's decision.
(Ord. 2004-873, § 1, 2004)
A. 
Any interested party may appeal the decision of the Hearing Officer issued pursuant to Section 8.08.120 by filing a written notice of appeal with the City Clerk within five days after mailing of the Hearing Officer's decision.
B. 
The appeal shall be heard by the City Council within 30 days of receipt of the appeal. The City Council may affirm, modify or reverse the Hearing Officer's decision 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, the owner of the property on which the vehicle is located, and the owner of the vehicle.
D. 
In conducting the hearing, the City Council shall not be limited by the technical rules of evidence.
(Ord. 2004-873, § 1, 2004)
A. 
A vehicle determined to be abandoned, wrecked, dismantled, or inoperative pursuant to this chapter may be disposed of by removal to a scrap yard, automobile dismantler's yard or another suitable site for the disposal of such vehicle as scrap, as determined by the Enforcement Officer, within the following time periods:
1. 
Fifteen days after the mailing of the notice of intention pursuant to Section 8.08.100, if a hearing has not been requested pursuant to Section 8.08.110; or
2. 
Ten days after the mailing of the Hearing Officer's decision pursuant to Section 8.08.120, if the Hearing Officer's decision has not been appealed to the City Council pursuant to Section 8.08.130; or
3. 
Ten days after action of the City Council ordering removal of the vehicle pursuant to Section 8.08.130.
B. 
After a vehicle has been removed, it shall not thereafter be reconstructed or made operable.
(Ord. 2004-873, § 1, 2004)
A. 
At least three days prior to the removal of a vehicle pursuant to 8.08.140, the Enforcement Officer shall provide a written report identifying the vehicle and its location to the office of the Department of California Highway Patrol located nearest to the vehicle.
B. 
Within five days after the date of removal of a vehicle, pursuant to Section 8.08.140, the Enforcement Officer shall give notice to the Department of Motor Vehicles of the State, identifying the vehicle removed. At the same time, there shall be transmitted to the Department of Motor Vehicles of the State any evidence of registration available, including registration certificates of title and license plates.
(Ord. 2004-873, § 1, 2004)
If the administrative costs and the cost of removal which are charged against the owner of the property on which the vehicle is located pursuant to Section 8.08.120 are not paid within 30 days of the date of removal of the vehicle pursuant to Section 8.08.140, the costs shall be assessed against the property pursuant to Section 38773.5 of the Government Code of the State, and shall be transmitted to the tax collector for collection. The assessment shall have the same priority as other City taxes. At the same time that the assessment is transmitted to the tax collector, the Enforcement Officer shall cause a notice of lien to be recorded in the office of the County Recorder identifying the reasons for the assessment and providing notice of the City's lien on the property.
(Ord. 2004-873, § 1, 2004)
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 this chapter or State law.
(Ord. 2004-873, § 1, 2004)
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, statues and ordinances enacted by the City, the State, or any other legal entity or agency having jurisdiction.
(Ord. 2004-873, § 1, 2004)