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For statutory authority concerning abandoned vehicles, see California Vehicle Code §§ 22660, 22661, 22663, and 22669.
In accordance with the authority granted under CVC Section 22660, the City Council hereby makes the following findings and declarations:
The accumulation and storage of abandoned, wrecked, dismantled or inoperative vehicles or parts thereof on any highway, private property or public property, is hereby found to constitute a public nuisance. The abatement of any such public nuisance shall be administered by any police officer with the exception that vehicles or parts thereof may be removed by any other duly authorized person. (CVC § 22663)
(Code 1964 § 12.80.010; Ord. 1005 § 2, 2003; Ord. 1243 § 2, 2024)
This chapter does not apply to:
A. 
A vehicle or part thereof that is completely enclosed within a building in a lawful manner where it is not visible from the street or other private or public property; or
B. 
A vehicle or part thereof that is stored or parked in a lawful manner on private property in connection with the business of a licensed dismantler, licensed vehicle dealer or a junkyard. This exception shall not, however, authorize the maintenance of a private or public nuisance as defined under other provisions of law. (CVC § 22661)
(Code 1964 § 12.80.015; Ord. 1005 § 2, 2003; Ord. 1243 § 2, 2024)
Pursuant to CVC Section 22663, police officers and other duly authorized persons may enter upon private property for the purposes specified in this chapter to examine a vehicle or parts thereof, obtain information as to the identity of a vehicle, and remove or cause the removal of a vehicle or part thereof if declared to be a nuisance pursuant to this chapter.
(Code 1964 § 12.80.020; Ord. 1005 § 2, 2003; Ord. 1243 § 2, 2024)
A. 
Both the property owner and registered owner of the vehicle, if this can be determined, will be mailed a notice of intent to remove the vehicle or part constituting a public nuisance. The abatement notice shall give the interested parties 10 days to appeal the decision prior to removal. The vehicle may be removed immediately if both the property owner and registered owner sign a release waiving further interest in the vehicle or part thereof. However, the notice of intention is not required for removal of a vehicle or part thereof that is inoperable due to the absence of a motor, transmission, or wheels, is incapable of being towed, is valued at less than $200.00 by a person specified in CVC Section 22855, and is determined by the local agency to be a public nuisance (per CVC Section 22669); provided, that the property owner has signed a release authorizing the removal and waiving further interest in the vehicle or part thereof.
B. 
Prior to final disposition under CVC Section 22662 of such low-valued vehicle or part for which evidence of registration was recovered, the local agency shall provide notice to the registered and legal owners of intent to dispose of the vehicle or part, and if the vehicle or part is not claimed within 12 days after the notice is mailed, from a location specified in CVC Section 22662, final disposition may proceed.
(Code 1964 § 12.80.025; Ord. 1005 § 2, 2003; Ord. 1243 § 2, 2024)
The Department of Motor Vehicles will be notified within five days after the date of removal, 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.
(Code 1964 § 12.80.030; Ord. 1005 § 2, 2003; Ord. 1243 § 2, 2024)
An appeal may be filed within 10 days of mailing the notice of intent to abate the vehicle or part thereof or at the time of signing a release pursuant to HMC § 10.64.040(A). A public hearing will be held before the hearing official. An appeal may be filed by either the landowner or vehicle owner. If the request is not received within that period, the appropriate public body, agency, or officer shall have the authority to remove the vehicle.
The City Council hereby designates the chief of police or their designee as the hearing official for purposes of this chapter.
The owner of the land on which the vehicle is located may appear in person at the hearing or present a sworn written statement denying responsibility for the presence of the vehicle on the land, with his or her reasons for denial. If the owner of the land on which the vehicle is located submits a sworn written statement denying responsibility for the presence on their land within that time period, such statement shall be construed as a request for a hearing that does not require the presence of the owner submitting the request. If it is determined that the vehicle was placed on the land without the consent of the landowner and that he or she has not subsequently acquiesced to its presence, then the local authority shall not assess costs associated with the removal to the landowner.
Any vehicle removed pursuant to this chapter shall not be reconstructed or made operable, unless it is a vehicle that qualifies for either horseless carriage license plates or historical plates pursuant to CVC Section 5004.
(Code 1964 § 12.80.035; Ord. 1005 § 2, 2003; Ord. 1243 § 2, 2024)