In addition to and in accordance with the determination made and the authority granted by the state, under Section 22660 of the Vehicle Code, to remove abandoned, wrecked, dismantled, or inoperative vehicles, or parts thereof, as public nuisances, 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 private or public property, not 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 part thereof, 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.
(Prior code § 3320)
As used in this chapter, the following words and phrases have the following meanings:
A. 
"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.
B. 
"Public property"
does not include "highway."
C. 
"Vehicle"
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.
(Prior code § 3320(a) – (b))
A. 
This chapter shall not apply to the following:
1. 
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;
2. 
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 a junk dealer, or when such storage or parking is necessary to the operation of a lawfully conducted business or commercial enterprise; or
3. 
A vehicle, or part thereof, which is located behind a solid fence six feet in height, or which is not plainly visible from a highway.
B. 
Nothing in this section shall authorize the maintenance of a public or private nuisance, as defined under provisions of law other than Chapter 10 (commencing with Section 22650) of Division 11 of the Vehicle Code and this chapter.
(Prior code § 3321)
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.
(Prior code § 3322)
A public hearing shall be held on the question of abatement and removal of a vehicle, or part 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 part thereof against the property on which it is located. Notice of hearing shall be mailed, at least 10 days before the hearing, by certified mail, with a five-day return requested, to the owner of the land, as shown on the last equalized city assessment roll, and to the last registered and legal owner of record, unless the vehicle is in such condition that identification numbers are not available to determine ownership. If any of the foregoing notices are returned undelivered by the United States Post Office, the hearing shall be continued to a date not less than 10 days from the date of such return.
(Prior code § 3326)
All hearings under this chapter shall be held before the city manager or the senior code enforcement officer of the city, referred to in this chapter as the "hearing body," who shall hear all facts and testimony he deems pertinent. Said facts and testimony may include testimony on the condition of the vehicle or part thereof, and the circumstances concerning its location on the private or public property. The hearing body shall not be limited by the technical rules of evidence. The owner of the land 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 land, with his reasons for such denial.
(prior code § 3328; Ord. 384 § 4, 1978; Ord. 426 § 2, 1981)
The hearing body 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 part thereof if, in its opinion, the circumstances justify it. At the conclusion of the public hearing, the hearing body may find that a vehicle or part thereof has been abandoned, wrecked, dismantled, or left inoperative on private or public property and order the same removed from the property as a public nuisance and disposed of as provided in BGMC § 13.36.170, and determine the administrative costs and the cost of removal to be charged against the owner of the parcel of land on which the vehicle or part thereof is located. 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.
(Prior code § 3328)
If it is determined at the hearing that the vehicle was placed on the land without the consent of the landowner, and that he has not subsequently acquiesced in its presence, the hearing body shall not assess 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 landowner.
(Prior code § 3328)
A. 
Any interested party may appeal the decision of the hearing body by filing an appeal fee in the amount of $25.00, or such other amount as the city council may establish by resolution, and a written notice of appeal with the hearing body within five days after its decision.
B. 
Such appeal shall be heard by the city council, which may affirm, amend, or reverse the order, or take other action deemed appropriate.
(prior code § 3329; Ord. 426 § 3, 1981)
Five days after adoption of an order by the hearing body or, if the matter is appealed, by the city council, declaring the vehicle or parts thereof to be a public nuisance, or five days from the date of mailing of the notice of the decision, if such notice is required by BGMC § 13.36.130, the vehicles 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.
(prior code § 3330; Ord. 426 § 4, 1981)
Within five days after the date of removal of the vehicle or part thereof, notice shall be given to the Department of Motor Vehicles identifying the vehicle or part 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.
(Prior code § 3331)
If the administrative costs and the cost of removal which are charged against the owner of a parcel of land pursuant to BGMC § 13.36.110 are not paid within 30 days of 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. Said assessment shall have the same priority as other city taxes.
(Prior code § 3332)
It shall be unlawful and a misdemeanor for any person to abandon, park, store, or leave or permit the abandonment, parking, storing, or leaving of any licensed or unlicensed vehicle or part thereof which is in an abandoned, wrecked, dismantled, or inoperative condition upon any private or public property, not including highways, within the city for a period in excess of five days, unless such vehicle or part thereof is completely enclosed within a building in a lawful manner where it is not plainly visible from the street or other public or private property, or unless such vehicle is otherwise stored or parked in a lawful manner on private property or lawfully parked in connection with the business of a licensed dismantler, a licensed vehicle dealer, or a junkyard.
(Prior code § 3333)
It shall be unlawful and a misdemeanor 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 chapter, or state law when such state law is applicable.
(Prior code § 3334)