[1]
Prior ordinance history: Ordinances 686, 1000 and 1474.
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 nuisance, the city council makes the following findings and declarations:
A. 
The accumulation and storage of abandoned, wrecked, dismantled or inoperative vehicles, or parts thereof, 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 health and safety of minors, to create a sight distance obstruction to other motorists, to create a harborage for rodents and insects, and to be injurious to the health, safety and general welfare of the citizens of the city. 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 by the provisions of this chapter, is declared to constitute a public nuisance which may be abated as such in accordance with the provisions of this chapter.
It is the intent of this chapter to afford all interested persons a hearing prior to the determination that such a nuisance exists and prior to taking action to abate such nuisance. The remedies provided under this chapter are not intended to, nor shall they, supersede the provisions of any other chapter of the Vacaville Municipal Code.
B. 
For the purposes of this chapter, unless otherwise apparent from the context, certain words and phrases used in this chapter are defined as follows:
1. 
"Abandoned vehicle"
means a vehicle whose owner no longer exercises dominion or control over such vehicle, including, but not limited to, any vehicle that has been parked or left standing upon a street or highway or any other public property, for five (5) or more consecutive days, or in the case of more than one violation of this Chapter per any such vehicle as set forth in Section 10.48.140, for seventy-two (72) or more consecutive hours. However, a vehicle shall not be abandoned or abated if said vehicle is registered, operable and the owner has given advance notification to the City that they are on vacation or unavailable due to military duty. Prior to any abatement by City personnel, they will attempt to determine from residents of nearby property that a vehicle that otherwise appears abandoned is owned by a resident adjacent to the location and they are on vacation or unavailable due to military duty.
2. 
"Dismantled vehicles"
means any vehicle that lacks essential components, such as wheels, engine, doors, windows, fenders, transmission, radiator and the like.
3. 
"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" shall include all streets, highways, avenues, lanes, alleys, courts, places, squares, curbs or other public ways in the city which have been or may hereinafter be dedicated and open to public use, or such other public property so designated in any law of this state.
4. 
"Inoperative vehicle"
means any vehicle that cannot be lawfully operated and shall include unregistered vehicles on private or public property, not including highways.
5. 
"Licensed"
means any and all licensing requirements of the state and city from time to time applicable to the stated person or activity.
6. 
"Owner of the land"
means the owner of the land on which the vehicle, or parts thereof, is located as shown on the last equalized assessment roll.
7. 
"Owner"
of the vehicle means the last registered owner and legal owner of record.
8. 
"Person"
means and includes any and all natural and artificial persons, including, by way of illustration and not limitation, individuals, firms, corporations and partnerships and their agents and employees.
9. 
"Private property"
means any parcel, lot, or easement, not including highways, owned by any person other than a governmental entity.
10. 
"Public property"
means any parcel, lot, or easement, not including highways, owned or held in trust by a governmental entity.
11. 
"Vehicle"
means a device, or parts thereof, designed to propel, move or draw any person or property upon a highway, except a device moved by human power.
12. 
Vehicle Hearing Officer.
In order to hear appeals of cases brought under the provisions of this chapter, the city manager shall appoint one or more vehicle hearing officers who shall serve at his pleasure. A vehicle hearing officer may be a city employee from any department within the city.
13. 
"Wrecked vehicle"
means any vehicle which has been damaged to such extent that it cannot be operated in accordance with the Safety Standards of the state.
(Ord. 1494 § 3(part), 1993; Ord. 1614, Amended, 04/07/1999; Ord. 1721, Amended, 09/10/2004)
This chapter shall not apply to:
A. 
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; 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 dissembler, licensed vehicle dealer, or a junkyard; provided, however, that this exception shall not 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.
(Ord. 1494 § 3(part), 1993; Ord. 1614, Amended, 04/07/1999)
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. 1494 § 3(part), 1993; Ord. 1614, Amended, 04/07/1999)
Except as otherwise provided in this chapter, the provisions of this chapter shall be administered and enforced by either the chief of police, Assistant to the City Manager, Director of Housing and Redevelopment and Code Compliance Technicians, or any of their designees. In the enforcement of the provisions of this chapter, such officers and their designees, including, but not limited to code compliance technicians and community service officers, may examine a vehicle, or parts thereof, or obtain information as to the identity of a vehicle when visible to the general public or with the property owner's consent or by inspection warrant issued through a court of competent jurisdiction and to remove or cause the removal of a vehicle, or parts thereof, declared to be a nuisance pursuant to the provisions of this chapter.
(Ord. 1494 § 3(part), 1993; Ord. 1614, Amended, 04/07/1999)
When the City has contracted with or granted a franchise to any person or persons, such person or persons shall be authorized to enter on private property, upon obtaining consent or abatement warrant, 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. 1494 § 3(part), 1993; Ord. 1614, Amended, 04/07/1999)
The city council shall from time to time, by resolution, determine and fix an amount to be assessed as administrative costs, excluding the actual cost of removal of any vehicle, or part thereof, under this chapter.
(Ord. 1494 § 3(part), 1993; Ord. 1614, Amended, 04/07/1999)
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 City Manager or his or her designees shall have the authority to cause the abatement and removal thereof in accordance with the procedure set forth in this chapter. An inoperative vehicle may be parked in front of a residential property if the vehicle maintains the appearance of an operable vehicle and is located on an improved, impervious surface. A vehicle, owned by the property owner or tenant, undergoing active repairs may be parked in front of a residence for no more than ten (10) days. No dismantled or wrecked vehicle may be stored in the front yard of a residential property for more than ten (10) days. No vehicle on blocks, jacks or other suspension without tires, hood, or with broken windows will be considered an operable vehicle.
(Ord. 1494 § 3(part), 1993; Ord. 1614, Amended, 04/07/1999)
A. 
Upon the discovery of a vehicle which appears to constitute a nuisance pursuant to the provisions of Section 10.48.010 of this chapter, any person with authority to enforce this Chapter, or their designees at least ten days prior to the date set for the hearing, shall cause a notice of intention to abate to be mailed by registered or certified mail to the following persons:
1. 
The last registered and legal owner of the vehicle, unless the vehicle is in such condition that identification is not reasonably available to determine ownership; and
2. 
In the case of a nuisance located on private property, the owner of the property upon which the vehicle is located as shown on the last equalized assessment roll.
B. 
Pursuant to Vehicle Code Section 22661(c)-1, a notice of intention shall not be required for the removal of a vehicle, or parts thereof, which is inoperable due to the absence of a motor, transmission, or wheels and incapable of being towed, is valued at less than two hundred dollars by a person specified in Section 22855 of the Vehicle Code of the state, and is determined by the chief of police, the assistant to the city manager or their designees to be a public nuisance presenting an immediate threat to the public health or safety, provided the property owner has signed a release authorizing the removal and waiving further interest in the vehicle, or parts thereof. Prior to the final disposal of such a low-valued vehicle or part for which evidence or registration was recovered, the chief of police or the assistant to the city manager 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 and removed within fifteen days after the notice is mailed, final disposition may proceed pursuant to Vehicle Code Section 22851.3(h):
This subsection (B) shall apply only to inoperable vehicles located upon parcels zoned for agricultural use or not improved with a residential structure containing one or more dwellings.
C. 
The notice sent pursuant to the provisions of this section shall include the following information:
1. 
A description of the vehicle;
2. 
The time, place and date of the hearing set;
3. 
A statement of the hearing rights of the owner of the property on which the vehicle is located and the owner of the vehicle;
4. 
In the case of a vehicle on private property, notice to the property owner that he may appear in person at a hearing or may present a sworn written statement denying responsibility for the presence of the vehicle on the land, with his reasons for such denial, in lieu of appearing;
5. 
The right to a continuance to a reasonable time for good cause:
6. 
A statement that fees may be charged if a nuisance is found to exist and is abated; and
7. 
A statement that if no person appears at such hearing, the vehicle may be removed by abatement warrant without further notice.
(Ord. 1494 § 3(part), 1993; Ord. 1614, Amended, 04/07/1999)
A. 
Conduct of Hearing. All hearings held pursuant to the provisions of this chapter shall be held before a vehicle hearing officer, appointed by the chief of police, who shall hear all pertinent facts and testimony. Such 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 vehicle hearing officer shall not be limited by the formal rules of evidence. The owner of the land on which the vehicle is located 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/her reasons for such denial.
B. 
Determinations. Should no one appear at the time and place set for the hearing before the vehicle hearing officer, it shall be conclusively presumed that such vehicle constitutes a nuisance pursuant to the provisions of this chapter, and the vehicle shall be removed.
At the conclusion of the hearing, the vehicle hearing officer may find that a vehicle, or parts thereof, has been abandoned, wrecked or 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 Section 10.48.110, and determine the administrative costs of removal to be charged. The order requiring removal shall include a description of the vehicle, or parts thereof, and the correct identification numbers and license number of the vehicle, if available. The vehicle hearing officer may impose such conditions and take such other action as he/she deems appropriate under the circumstances to carry out the purposes of this chapter. He/she may delay the time for the removal of the vehicle, or parts thereof, if, in his/her opinion, the circumstances so justify. Should the vehicle hearing officer find that the vehicle is not abandoned, wrecked, dismantled or inoperative, the proceedings shall cease.
If it is determined at the hearing that the vehicle was placed on private property without the consent of the owner of the land and that he/she has not subsequently acquiesced in its presence, the vehicle hearing officer 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 owner of the land.
If any interested person makes a written presentation to the vehicle hearing officer, but does not appear, such person shall be notified in writing of the decision. The determination of the hearing officer shall be final and conclusive.
(Ord. 1494 § 3(part), 1993; Ord. 1614, Amended, 04/07/1999)
Any appellant having objections to any proceedings taken by the hearing officer must bring an action in a court of competent jurisdiction within thirty days after the action by the hearing officer in such matter, otherwise all objections will be deemed waived.
(Ord. 1614, Amended, 04/07/1999)
Ten days after the determination declaring the vehicle, or parts thereof, to be a public nuisance, or ten days from the date of mailing of the notice of the decision, if such notice is required by the provisions of Section 10.48.090, the vehicle 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, unless it is a vehicle which qualifies for either horseless carriage license plates or historical vehicle license plates pursuant to Section 5004 of the Vehicle Code of the state, in which case the vehicle may be reconstructed or made operable.
(Ord. 1494 § 3(part), 1993; Ord. 1614, Amended, 04/07/1999)
Within five days after the date of the removal of the vehicle, or parts thereof, a notice shall be given to the Department of Motor Vehicles of the state identifying the vehicle, or parts thereof, removed. At the same time there shall be transmitted to said Department of Motor Vehicles any evidence of registration available, including, but not limited to, the registration card, certificates of ownership, and license plate.
(Ord. 1494 § 3(part), 1993; Ord. 1614, Amended, 04/07/1999)
If the administrative costs and the costs of removal which are charged against the owner of a parcel of land pursuant to the provisions of Section 10.48.090 are not paid within thirty 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. Said assessment shall have the same priority as other city taxes.
(Ord. 1494 § 3(part), 1993; Ord. 1614, Amended, 04/07/1999)
A. 
Any person, firm entity or corporation who fails or refuses to remove an abandoned, wrecked, dismantled or inoperative vehicle, or parts thereof or who maintains an abandoned, wrecked, dismantled or inoperative vehicle in violation of this Chapter shall be subject to the following:
1. 
Upon the first, second or third violation within any consecutive twelve month period the person, firm or entity shall be guilty of an infraction, each punishable pursuant to Section 1.16.010(c) of Title 1 of the Municipal Code.
2. 
Upon the fourth or subsequent violation within any consecutive twelve month period the person, firm, entity or corporation shall be guilty of a misdemeanor punishable pursuant to Section 1.16.010(b) of Title 1 of the Municipal Code.
3. 
Each day or portion thereof that the provisions of this Chapter are violated shall be deemed as a separate offense. It is in the enforcement agent's discretion whether to issue citations or to attempt to gain voluntary compliance. Failure of the enforcement agent to issue a citation for any violation of this section does not waive that or any other future violation and the penalty may be escalated regardless of whether a previous citation has been issued.
B. 
It is unlawful and a misdemeanor for any person to fail or refuse to remove an abandoned, wrecked, dismantled or inoperative vehicle, or parts thereof, or refuse to abate such nuisance when ordered to do so in accordance with the abatement provisions of this chapter or state law where such state law is applicable.
C. 
No person shall abandon a vehicle upon public or private property without the express or implied consent of the owner or person in lawful possession or control of the property. Violation of this section shall be a misdemeanor.
(Ord. 1494 § 3(part), 1993; Ord. 1614, Amended, 04/07/1999)
If the net proceeds derived by the city from the sale of parts, contents, and/or scrap of said vehicle exceed administrative costs, cost of removal, cost of storage, and cost of processing from sale then, and in such event, the net proceeds of the sale shall be paid first to any legal owner and second to any registered owner as their interest may appear upon the records of the Department of Motor Vehicles. In the event the payment cannot be made, the balance shall be deposited in the general fund of the city.
Provisions contained in this ordinance which address vehicle parking on impervious surface shall be applied prospectively such that existing impervious surfaces need not be removed. This direction shall not limit the enforcement of other land use standards nor shall it increase the area upon which vehicles may be parked in residential front yards.
(Ord. 1494 § 3(part), 1993; Ord. 1614, Amended, 04/07/1999)