[1]
Prior legislation: Ord. 501-73 and prior code §§ 9-83 – 9-96.
As used in this article:
"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.
"Inoperative vehicle"
means and includes all vehicles which, through absence of or deteriorated condition of mechanical parts, including but not limited to engine, transmission, driving axle, tires, and wheels, are unable to be driven upon a highway.
"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.
"Owner of the vehicle"
means the last registered owner and legal owner of record.
"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 exclusively upon stationary rails or tracks.
(Ord. 769-26, 2-24-2026)
In addition to and in accordance with the determination made and the authority granted by the state of California under Section 22660 of the California Vehicle Code to remove abandoned, wrecked, dismantled, or inoperative vehicles or parts thereof as public nuisances, the city council 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 creates a condition tending to reduce the value of private property, to promote blight and deterioration, to invite plundering, to create fire hazards, 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, except as expressly permitted in this title, is declared to constitute a public nuisance which may be abated as such in accordance with the provisions of this title.
(Ord. 769-26, 2-24-2026)
This article shall not apply to:
(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; or
(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, 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 which has remained inoperative for less than 72 consecutive hours; provided, however, that this exception shall not apply to vehicles stored or parked in front yard areas; or
(4) 
A vehicle classified as a genuine antique and licensed as such under applicable state law.
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 California Vehicle Code and this article.
(Ord. 769-26, 2-24-2026)
This article shall be administered and enforced by the chief of police, the city code enforcement officer, building official, or the fire chief, or their respective designees, or by such other city official(s) as may be designated by the city manager (collectively, "enforcement officer").
(Ord. 769-26, 2-24-2026)
This article 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 county, the state, or any other legal entity or agency having jurisdiction.
(Ord. 769-26, 2-24-2026)
The 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 part thereof) under this article. The city council may make the determination fixing the amount to be assessed for administrative costs by resolution.
(Ord. 769-26, 2-24-2026)
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 enforcement officer shall have the authority to cause the abatement and removal thereof in accordance with the procedures described in this article.
(Ord. 769-26, 2-24-2026)
(1) 
A 10-day notice of intention to abate and remove the vehicle, or parts thereof, as a public nuisance shall be mailed by registered or certified mail to the owner of the land as shown on the last equalized 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. The notices of intention shall be in substantially the following forms:
(a) 
Notice to Property Owner.
NOTICE OF INTENTION TO ABATE AND REMOVE AN ABANDONED, WRECKED, DISMANTLED, OR INOPERATIVE VEHICLE OR PARTS THEREOF AS A PUBLIC NUISANCE
(Name and address of the owner of the land)
As owner shown on the last equalized assessment roll of the land located at [address], you are hereby notified that the undersigned pursuant to Article III of Chapter 8.10 of the Willows Municipal Code has determined that there exists upon said land an (or parts of an) abandoned, wrecked, dismantled, or inoperative vehicle registered to [_________], license or VIN number [_________], which constitutes a public nuisance pursuant to the provisions of Willows Municipal Code Chapter 8.10.
You are hereby notified to abate said nuisance by the removal of said vehicle (or said parts of a vehicle) within ten (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, together with administrative costs, assessed to you as owner of the land on which said vehicle (or said parts of a vehicle) is located.
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 ten (10) days after the mailing of this notice of intention, request a public hearing. If such a request is not received by the City Manager of the City of Willows within such ten (10) day period, the City 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 ten (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 a 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.
NOTICE MAILED: ______________
______________________________
City Manager
City of Willows
(b) 
Notice to Vehicle Owner.
NOTICE OF INTENTION TO ABATE AND REMOVE AN ABANDONED, WRECKED, DISMANTLED, OR INOPERATIVE VEHICLE OR PARTS THEREOF AS A PUBLIC NUISANCE
(Name and address of last registered owner and/or legal owner of record of vehicle; notice should be given to both if different)
As the 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 Chapter 8.10 of the Willows 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 Willows Municipal Code Chapter 8.10, Article III.
You are hereby notified to abate said nuisance by removing said vehicle (or said parts of a vehicle) within ten (10) days from the date of the mailing of this notice.
As the registered (and/or legal) owner of record of said vehicle (or said parts of a vehicle), you are hereby notified that you may, within ten (10) days after the mailing of this notice of intention, request a public hearing or may submit a sworn written statement denying responsibility for the presence of the vehicle on the land, with your reasons for such denial, in lieu of appearing. If such request is not received by the City Manager of the City of Willows within such ten (10) day period, the City shall have the authority to abate and remove said vehicle (or said parts of a vehicle) without a hearing.
NOTICE MAILED: ______________
______________________________
City Manager
City of Willows
(2) 
A notice of intention to abate shall not be required if:
(a) 
The property owner and the owner of the vehicle have signed releases authorizing removal and waive further interest in the vehicle or part thereof; or
(b) 
All the following conditions are satisfied:
(i) 
The vehicle or part thereof is inoperable due to the absence of a motor, transmission, or wheels and is incapable of being towed;
(ii) 
The vehicle or part thereof is valued at less than $200.00 by the enforcement officer or their designee;
(iii) 
The building department has determined that the vehicle or part thereof is a public nuisance presenting an immediate threat to public health or safety;
(iv) 
The property owner has signed a release authorizing removal and waiving further interest in the vehicle or part thereof; and
(v) 
The vehicle is located upon a parcel that is either zoned for agricultural use or is not improved with a residential structure containing one or more dwelling units.
(3) 
If the vehicle is removed pursuant to subsection (2)(b) of this section, prior to final disposition, the registered or legal owner shall be notified of the intent to dispose of the vehicle or parts thereof. If the vehicle or part thereof is not claimed and removed from the scrap yard, the automobile dismantler's yard, or public disposal area within 12 days after the notice to dispose of the vehicle is mailed, final disposition may proceed.
(Ord. 769-26, 2-24-2026)
Upon request by the owner of the vehicle or owner of the land received by the city manager within 10 days after the mailing of the notices of intention to abate and remove, a public hearing shall be held before the city manager or their designee 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 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 their land within such 10-day period, said statement shall be construed as a request for a hearing, which does not require their presence. Notice of the hearing shall be mailed, by registered or certified mail, 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 hearing is not received within said 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. 769-26, 2-24-2026)
All hearings under this article shall be held before the city manager or their designee, who shall be the hearing officer. The hearing officer shall hear all facts and testimony deemed pertinent. Said facts and testimony may include testimony on the condition of the vehicle, or part thereof, and the circumstances concerning the vehicle's location on the private property or public property. The hearing officer 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 reasons for such denial.
The hearing officer may impose such conditions and take such other action as deemed appropriate under the circumstances to carry out the purpose of this article. This may delay the time for removal of the vehicle, or part thereof, if, in the opinion of the hearing officer, the circumstances justify the delay. At the conclusion of the public hearing, the hearing officer may find that a vehicle, or part thereof, has been abandoned, wrecked, dismantled, or is inoperative on private or public property, and may order the same removed from the property as a public nuisance and disposed of as provided in this article 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.
If it is determined at the hearing that the vehicle was placed on the land without the consent of the land owner and that they have not subsequently acquiesced in its presence, the 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 land owner.
If an interested party makes a written presentation to the hearing officer but does not appear, or if the owner of the land submits a sworn written statement denying responsibility for the presence of the vehicle on his land but does not appear, they shall be notified in writing of the decision.
The hearing officer's decision shall become final five days after mailing of the hearing officer's written decision unless a timely appeal is filed pursuant to WMC § 8.10.300.
(Ord. 769-26, 2-24-2026)
Any interested party may appeal the decision of the hearing officer by filing a written notice of appeal with the city manager within five days after issuance of the hearing officer's written decision.
Such appeal shall be heard by the city council de novo. The city council may consider the administrative record and any additional evidence it deems relevant. In conducting the hearing, the city council shall not be limited by the technical rules of evidence.
The city council may affirm, amend, or reverse the hearing officer's decision or take other action as deemed appropriate.
The city clerk shall give written notice of the time and place of the hearing to the appellant and those provided notice in WMC § 8.10.270.
(Ord. 769-26, 2-24-2026)
(1) 
No Appeal Filed. If no timely appeal is filed pursuant to WMC § 8.10.300, the vehicle or parts thereof may be removed and disposed of no sooner than five days after the hearing officer's decision becomes final pursuant to WMC § 8.10.290.
(2) 
Appeal Filed. If a timely appeal is filed pursuant to WMC § 8.10.300, the vehicle or parts thereof may be removed and disposed of no sooner than five days after final action by the city council. The filing of a timely appeal stays removal and disposition of the vehicle or parts thereof pending final action by the city council.
(3) 
Method of Disposition – No Reconstruction. Upon removal, the vehicle or parts 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.
(Ord. 769-26, 2-24-2026)
Within five days after the date of removal of the vehicle or parts thereof, notice shall be given to the Department of Motor Vehicles by the persons authorized to remove the vehicle 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. 769-26, 2-24-2026)
If the administrative costs and the costs of removal which are charged against the owner of a parcel of land pursuant to this article are not paid within 30 days of the date of the order, or, if an appeal is filed, within 30 days after final action by the city council, such costs shall be assessed against the parcel of land pursuant to Government Code Section 38773.5 and shall be transmitted to the tax collector for collection. Said assessment shall have the same priority as other taxes and assessments collected on the tax roll.
(Ord. 769-26, 2-24-2026)
It is unlawful and an infraction for any person to abandon, store, leave, or permit the abandonment, storing, or leaving of any licensed or unlicensed vehicle or parts thereof which is abandoned, wrecked, dismantled, or inoperative upon any private property or public property, including highways, within the city for a period in excess of 72 consecutive hours unless such vehicle meets the exemptions outlined in this article.
(Ord. 769-26, 2-24-2026)
It is unlawful and an infraction for any person to fail or refuse to remove an abandoned, wrecked, dismantled, or inoperative vehicle or part thereof, or refuse to abate such nuisance when ordered to do so in accordance with the abatement provisions of this article or state law, where such state law is applicable.
(Ord. 769-26, 2-24-2026)