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 of the city of Burlingame 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,
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 parts
thereof, on private or public property, 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. 937 § 1, (1971); Ord. 1478 § 1, (1993))
As used in this chapter:
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 the owner of the land on which the vehicle, or parts
thereof, is located, as shown on the last equalized assessment roll.
means the last registered owner and legal owner of record.
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. 1478 § 2, (1993))
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; or
(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.
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Nothing in this section shall authorize the maintenance of a
public or private nuisance as defined under the 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. 937 § 1, (1971))
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. 937 § 1, (1971))
Except as otherwise provided herein, the provisions of this
chapter shall be administered and enforced by the chief of police.
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 parts thereof declared
to be a nuisance pursuant to this chapter.
(Ord. 937 § 1, (1971))
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. 937 § 1, (1971))
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 parts thereof) under this chapter.
(Ord. 937 § 1, (1971))
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 chief of police shall have the authority
to cause the abatement and removal thereof in accordance with the
procedure prescribed herein.
(Ord. 937 § 1, (1971))
A 10 day notice of intention to abate and remove the vehicle,
or parts thereof, as a public nuisance shall be mailed by registered
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 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 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 13.65.040 of the Burlingame 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 Title 13.65 of the Burlingame 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,
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 Commission of
Public Health and Safety within such 10 day period, the Chief of Police
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/______________________
Chief of Police
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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 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 13.65.040 of the Burlingame 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 13.65 of the Burlingame Municipal Code.
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You are hereby notified to abate said nuisance by the removal
of said vehicle (or parts of said vehicle) within 10 days from the
date of mailing of this note.
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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 Commission
of
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Public Health and Safety within such 10 day period, the Chief
of Police 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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(date)
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s/____________________
Chief of Police
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(Ord. 937 § 1, (1971))
Upon request by the owner of the vehicle or owner of the land
received by the commission of public health and safety within 10 days
after the mailing of the notices of intention to abate and remove,
a public hearing shall be held by the commission of public health
and safety 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.
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, the 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 10 days
before 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 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. 937 § 1, (1971))
All hearings under this chapter shall be held before the commission
of public health and safety 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 commission of public health and safety 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 his or her reasons for such
denial.
The commission of public health and safety 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 parts thereof if, in its opinion, the circumstances
justify it. At the conclusion of the public hearing, the commission
of public health and safety 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.
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 commission
of public health and safety 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.
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 commission of public health and safety but does not appear,
he or she shall be notified in writing of the decision.
(Ord. 937 § 1, (1971))
Any interested party may appeal the decision of the commission
of public health and safety by filing a written notice of appeal with
the city clerk within five days after its decision.
Such appeal shall be heard by the city council which may affirm,
amend or reverse the order or take other action deemed appropriate.
The clerk shall give written notice of the time and place of the hearing to the appellant and those persons specified in Section 13.65.045.
In conducting the hearing the city council shall not be limited
by the technical rules of evidence.
(Ord. 937 § 1, (1971))
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 the notice of the decision if such notice is required by Section 13.65.055, or 15 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.
(Ord. 937 § 1, (1971))
Within five days after the date of removal of the vehicle or
parts thereof, notice shall be given to the Department of Motor Vehicles
and the Stolen Vehicle System of the Department of Justice 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. 937 § 1, (1971); Ord. 1478 § 3, (1993))
If the administrative costs and the costs of removal which are charged against the owner of a parcel of land pursuant to Section 13.65.055 are 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. The assessment shall have the same priority as other city taxes.
(Ord. 937 § 1, (1971))
