In addition to and in accordance with the determination made
and the authority granted by the State pursuant to the provisions
of Section 22660 of the Vehicle Code to remove abandoned, wrecked,
dismantled, or inoperative vehicles, or parts thereof, as public nuisances,
the Council hereby finds and declares that 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, promote blight and deterioration, invite plundering,
create fire hazards, constitute an attractive nuisance creating a
hazard to the health and safety of minors, create a harborage for
rodents and insects, and to be injurious to the health, safety, and
general welfare. Therefore, no person shall cause the accumulation
and/or storage of abandoned, wrecked, dismantled, or inoperative vehicles,
or parts thereof, on private or public property, not including highways,
except as provided in this article, and the presence of an abandoned,
wrecked, dismantled, or inoperative vehicle, or part thereof, on private
or public property, not including highways, except as expressly permitted
by the provisions of this article, is hereby declared to constitute
a public nuisance which may be abated as such in accordance with the
provisions of this article.
(§ 1, Ord. 649, eff. September 24, 1987)
The provisions of this article shall not apply to:
(a)
A
vehicle, or part thereof, which is completely enclosed within a building
in a lawful manner and which 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, or 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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The provisions of this article shall not authorize the maintenance of a public or private nuisance as defined pursuant to provisions of law other than Chapter 10 (commencing with Section 22650) of Division 11 of the Vehicle Code.
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(§ 1, Ord. 649, eff. September 24, 1987)
The provisions of this article are not the exclusive regulation
of abandoned, wrecked, dismantled, or inoperative vehicles within
the City. The provisions of this article shall supplement and be in
addition to the other regulatory Codes, statutes, and laws heretofore
or hereafter enacted by the City, State, or any other legal entity
or agency having jurisdiction.
(§ 1, Ord. 649, eff. September 24, 1987)
Upon discovering the existence of an abandoned, wrecked, dismantled,
or inoperative vehicle, or part thereof, on private or public property
within the City, the Chief of Police shall have the authority to cause
the removal thereof in accordance with the procedures set forth in
this article.
(§ 1, Ord. 649, eff. September 24, 1987)
When the Council has contracted with or granted a franchise
to any person, such person shall be authorized to enter upon private
or public property to remove, or cause the removal of, a vehicle,
or part thereof, declared to be a nuisance pursuant to the provisions
of this article.
(§ 1, Ord. 649, eff. September 24, 1987)
A 10 day notice of intention to abate and remove the vehicle,
or part thereof, as a public nuisance shall be mailed by registered
mail, return receipt requested, to the owner of the land on which
the vehicle is located and to the owner of the vehicle, unless the
vehicle is in such condition that identification numbers are not available
to determine ownership. Any reference in this article to "the owner
of the land" shall mean the owner of the land on which the vehicle
is located as shown on the last equalized assessment roll.
(§ 1, Ord. 649, eff. September 24, 1987)
Upon a request by the owner of the vehicle or owner of the land
received by the Chief of Police within 10 days after the mailing of
the notices of intention to abate and remove, a public hearing shall
be held by the City Manager on the question of the abatement and removal
of the vehicle, or part thereof, as an abandoned, wrecked, dismantled
or inoperative vehicle and the assessment of the administrative costs
and the costs of removal of the vehicle, or part 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 land within
such 10 day period, such statement shall be construed as a request
for a hearing which does not require his presence. Notice of the hearing
shall be mailed, by registered mail, return receipt requested, 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 a hearing is not received within 10 days after
mailing the notice of intention to abate and remove, the City shall
have the authority to abate and remove the vehicle, or part thereof,
as a public nuisance without holding a public hearing.
(§ 1, Ord. 649, eff. September 24, 1987)
All hearings held pursuant to the provisions of this article
shall be held before the City Manager who shall hear all facts and
testimony he deems pertinent. Such facts and testimony may include
testimony on the condition of the vehicle, or part thereof, and the
circumstances concerning its location on such private or public property.
The City Manager 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 statement in time for consideration at the hearing and deny
responsibility for the presence of the vehicle on the land with his
reasons for such denial.
The City Manager may impose such conditions and take such other
action as he or she deems appropriate under the circumstances to carry
out the purposes of this article. He or she may delay the time for
the removal of the vehicle, or part thereof, if, in his or her opinion,
the circumstances so justify. At the conclusion of the public hearing,
the City Manager may find that a vehicle, or part 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 provided in this chapter, and determine
the administrative costs and the costs of removal to be charged against
the owner of the land. 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.
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
Manager 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 City Manager but does not appear, such persons shall be notified
in writing of the decision.
(§ 1, Ord. 649, eff. September 24, 1987)
Any aggrieved person may appeal the decision of the City Manager
by filing a written notice of appeal with the City Clerk within 10
days after his or her decision. Such appeal shall be heard by the
Council which may affirm, amend or reverse the order or take any other
action deemed appropriate.
The City Clerk shall give written notice of the time and place
of the hearing to the appellant and to those persons entitled to the
10 day notice of intention.
In conducting the hearing, the Council shall not be limited
by the technical rules of evidence.
Except as otherwise provided herein, appeals of decisions of the City Manager pursuant to this chapter shall be subject to the provisions of Chapter 4 of Title 1 of this Code.
(§ 1, Ord. 649, eff. September 24, 1987, as amended by § 2, Ord. 708, eff. April 27, 1995)
Five days after the adoption of the order declaring the vehicle, or part thereof, to be a public nuisance, or five days after the date of mailing the notice of decision, if such notice is required by the provisions of Section 3-2.1308 of this article, or 15 days after such action of the Council authorizing removal following an appeal, the vehicle, or part thereof, may be disposed of by removal to a scrap yard or automobile dismantler's yard. After a vehicle has been removed, it shall not thereafter be reconstructed or made operable.
(§ 1, Ord. 649, eff. September 24, 1987)
Within five days after the date of removal of the vehicle, or
part thereof, notice shall be given to the Department of Motor Vehicles
of the State identifying the vehicle, or part thereof, removed. At
the same time, there shall be transmitted to said Department of Motor
Vehicles any evidence of registration available, including registration
certificates, certificates of title, and license plates.
(§ 1, Ord. 649, eff. September 24, 1987)
If the administrative costs and the costs of removal charged against the owner of a parcel of land pursuant to the provisions of Section 3-2.1308 of this article are not paid within 30 days after 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 the provisions of Section 38773.5 of the Government Code of the State and shall be transmitted to the Tax Collector for collection. Such assessment shall have the same priority as other City taxes.
(§ 1, Ord. 649, eff. September 24, 1987)
It shall be unlawful for any person to fail or refuse to remove
an abandoned, wrecked, dismantled, or inoperative vehicle, or part
thereof, or to refuse to abate such nuisance when ordered to do so
in accordance with the abatement provisions of this article or State
laws where such State laws are applicable.
(§ 1, Ord. 649, eff. September 24, 1987)
