Chapter 10.44
ABANDONED, WRECKED, DISMANTLED OR INOPERATIVE VEHICLES1
Sections:
10.44.060 Administrative costs.
10.44.070 Authority for removal – Contract or franchise.
10.44.080 Abatement and removal – Notice.
10.44.090 Abatement and removal – Hearing.
10.44.100 Notice of hearing to Highway Patrol – Required.
10.44.110 Hearing – Procedure.
10.44.120 Hearing – Action by the police chief.
10.44.140 Removal and disposal.
10.44.150 Removal – Required information.
10.44.160 Costs – Payment or assessment.
10.44.170 Administration and enforcement.
10.44.010 Generally.
In addition to and in accordance with the determination made and the authority granted by the state of California under Section 22660 of the Vehicle Code to remove abandoned, wrecked, dismantled or inoperative vehicles or parts thereof as public nuisances, the city council makes the findings and declarations set forth in BMC 10.44.030 and 10.44.040. (Ord. 109-C M.C. § 1, 1968).
10.44.020 Definitions.
The following words are defined for use in this chapter:
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 streets.
B. “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. (Ord. 93-2 N.S. § 1, 1993; Ord. 109-C M.C. § 1, 1968).
10.44.030 Findings.
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 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, except as expressly permitted in this chapter, is declared to constitute a public nuisance which may be abated as such in accordance with the provisions of this chapter. (Ord. 93-2 N.S. § 2, 1993; Ord. 109-C M.C. § 1, 1968).
10.44.040 Scope.
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. 109-C M.C. § 3, 1968).
10.44.050 Exceptions.
A. This chapter 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.
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. (Ord. 109-C M.C. § 2, 1968).
10.44.060 Administrative costs.
The city 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 chapter. (Ord. 109-C M.C. § 6, 1968).
10.44.070 Authority for removal – Contract or franchise.
When the city council has contracted with or granted a franchise to any person or persons, such person or persons shall be authorized to enter upon private property 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. 109-C M.C. § 5, 1968).
10.44.080 Abatement and removal – Notice.
Not less than a 10-day notice of intention to abate and remove a vehicle or part thereof as a public nuisance shall be issued, unless the property owner and the owner of the vehicle have signed releases authorizing removal and waiving further interest in the vehicle or part thereof. Such notice shall contain a statement of the hearing rights of the owner of the property on which the vehicle is located and of the owner of the vehicle. The statement shall include notice to the property owner that he may appear in person at a hearing or may submit 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. The notice of intention to abate 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 owners of record unless the vehicle is in such condition that identification numbers are not available to determine ownership. (Ord. 109-C M.C. § 7(a), 1968; amended during 1980 codification).
10.44.090 Abatement and removal – Hearing.
A public hearing shall be held before the police chief upon request for such a hearing by the owner of the vehicle or the owner of the land on which such vehicle is located. This request shall be made to the police chief within 10 days after the mailing of notice of intention to abate and remove the vehicle. If the owner of the land on which the vehicle is located submits a sworn written statement denying responsibility for the presence of the vehicle on his land within such time period, this statement shall be construed as a request for hearing which does not require the presence of the owner submitting such request. If such a request is not received within such period, the police chief shall have the authority to remove the vehicle. (Ord. 88-4 N.S. § 1, 1988; Ord. 83-7 N.S. § 1, 1983; Ord. 109-C M.C. § 7(b), 1968; amended during 1980 codification).
10.44.100 Notice of hearing to Highway Patrol – Required.
Notice of the hearing shall also be given to the California Highway Patrol identifying the vehicle or part thereof proposed for removal, such notice to be mailed at least 10 days prior to the public hearing. (Ord. 109-C M.C. § 8, 1968).
10.44.110 Hearing – Procedure.
A. All hearings under this chapter shall be held before the police chief, who shall hear all facts and testimony he deems pertinent. The facts and testimony may include testimony on the condition of the vehicle, or part thereof, and the circumstances concerning its location on the private property or public property. The police chief 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.
B. 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 police chief 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.
C. If an interested party makes a written presentation to the police chief but does not appear, he shall be notified in writing of the decision. (Ord. 88-4 N.S. § 2, 1988; Ord. 83-7 N.S. § 2, 1983; Ord. 109-C M.C. § 9, 1968).
10.44.120 Hearing – Action by the police chief.
The police chief may impose such conditions and take such other action as he deems appropriate under the circumstances to carry out the purpose of this chapter. He may delay the time for removal of the vehicle or part thereof if, in his opinion, the circumstances justify it. At the conclusion of the public hearing, the police chief may find that a vehicle or part thereof has been abandoned, wrecked, dismantled, or is inoperative on public or private property; and may order the same removed from the property as a public nuisance and disposed of as provided in this chapter; and may 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. (Ord. 88-4 N.S. § 3, 1988; Ord. 83-7 N.S. § 3, 1983; Ord. 109-C M.C. § 9, 1968).
10.44.130 Appeals.
A. Any interested party may appeal the decision of the police chief pursuant to Chapter 1.44 BMC.
B. Such appeal shall be heard by the city council which may affirm, amend, or reverse the order or take other action deemed appropriate.
C. The clerk shall give written notice of the time and place of the hearing to the appellant and those persons specified in BMC 10.44.080 and 10.44.090.
D. In conducting the hearing, the city council shall not be limited by the technical rules of evidence. (Ord. 07-42 § 1; Ord. 88-4 N.S. § 4, 1988; Ord. 83-7 N.S. § 3, 1983; Ord. 109-C M.C. § 10, 1968).
10.44.140 Removal and disposal.
A. Five days after adoption of the order declaring the vehicle or parts thereof to be a public nuisance, five days from the date of mailing of notice of the decision if such notice is required by BMC 10.44.110 and 10.44.120 or 15 days after such action of the governing body authorizing removal following appeal, the vehicles or parts thereof may be disposed of by removal to a scrapyard or automobile dismantler’s yard.
B. After a vehicle has been removed, it shall not 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 California Vehicle Code Section 5004, in which case the vehicle may be reconstructed or made operable. (Ord. 109-C M.C. § 11, 1968; amended during 1980 codification).
10.44.150 Removal – Required information.
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. In addition, if the owner of the vehicle is not known or cannot be ascertained, or if the notice required by Section 22852 of the Vehicle Code cannot be given to the owner of the vehicle, immediate notice shall be given to the Department of Justice, Stolen Vehicle System, pursuant to Section 22853 of the Vehicle Code. (Ord. 93-2 N.S. § 3, 1993; Ord. 109-C § 12, 1968).
10.44.160 Costs – Payment or assessment.
If the administrative costs and the cost of removal which are charged against the owner of a parcel of land pursuant to BMC 10.44.110 and 10.44.120 are not paid within 30 days of 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 Section 38773.5 of the Government Code and shall be transmitted to the tax collector for collection. The assessment shall have the same priority as other taxes. (Ord. 109-C M.C. § 13, 1968).
10.44.170 Administration and enforcement.
Except as otherwise provided herein, the provisions of this chapter shall be administered and enforced by the police chief. In the enforcement of this chapter such person and his employees may enter upon private or public property to examine a vehicle or parts thereof, or to obtain information as to the identity of a vehicle, and to remove or cause the removal of a vehicle or part thereof declared to be a nuisance pursuant to this chapter. (Ord. 88-4 N.S. § 5, 1988; Ord. 83-7 N.S. § 5, 1983; Ord. 109-C M.C. § 4, 1968).
For statutory provisions authorizing cities to regulate abatement and removal of abandoned, wrecked, dismantled, or inoperative vehicles, see Vehicle Code §§ 22660 et seq.