Chapter 6.20
ABANDONED VEHICLES*
Sections:
6.20.050 Additional to other regulations.
6.20.080 Abatement and removal authority.
6.20.100 Statutes incorporated by reference.
6.20.130 Request for review by mayor.
6.20.140 Review procedure by mayor.
6.20.150 Request for a hearing – Planning commission.
6.20.160 Administrative hearing procedure by the planning commission.
6.20.180 Removal of motor vehicles and transfer of title.
6.20.190 Notice to Department of Motor Vehicles.
6.20.200 Triple costs of abatement upon repeated violations.
* Code reviser’s note: See also Ch. 6.23, Abandoned Vehicle Abatement.
6.20.010 Purpose.
The provisions of this chapter are intended to provide a procedure for the abatement of abandoned, wrecked, dismantled or inoperative vehicles, and are enacted under the authority granted by the state of California, under Section 22660 of the Vehicle Code. It is the intent of the city council to provide for the abatement of public nuisances consisting of abandoned, wrecked, dismantled or inoperative vehicles. This process may be conducted concurrently with or separately from the abatement of other conditions (if any) constituting a public nuisance on any premises within the city. [Ord. 323 § 1, 2001]
6.20.020 Findings.
In addition to and in accordance with the determination made and the authority granted by the state of California Vehicle Code Sections 22660 and 22661 to remove abandoned, wrecked, dismantled or inoperative vehicles or parts thereof as a public nuisance, 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 parts thereof, on private or public property, not including highways, except as expressly hereinafter permitted, is hereby declared to constitute a public nuisance which may be abated as such in accordance with the provisions of this chapter. [Ord. 323 § 1, 2001]
6.20.030 Exemptions.
(1) 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 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
(c) A vehicle, or part thereof, which is located behind a solid, six-foot-high fence or which is not visible from a highway or street.
(2) 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. 323 § 1, 2001]
6.20.040 Acts prohibited.
Except where provided by BMC 6.20.030, no person shall commit the following:
(1) Abandonment of a vehicle or parts thereof, on private or public property;
(2) Parking or storage of a vehicle or part thereof on private or public property in a wrecked, dismantled, inoperative or neglected condition that it can be reasonably concluded that all rights or interests of the owner of the vehicle or parts thereof have been relinquished. [Ord. 323 § 1, 2001]
6.20.050 Additional to other regulations.
This chapter is not the exclusive regulation of abandoned, wrecked, dismantled or inoperative vehicles within the city of Biggs. It shall supplement and be in addition to the other regulatory codes, statutes, and ordinances heretofore or hereafter enacted by the city of Biggs, the state, or any other legal entity or agency having jurisdiction. [Ord. 323 § 1, 2001]
6.20.060 Administration.
Except as otherwise provided in this chapter, the provisions of this chapter shall be administered and enforced by the code enforcement officer. The code enforcement officer may enter private or public property to examine a vehicle or parts thereof, and/or to remove or cause the removal of a vehicle or part thereof declared to be a nuisance pursuant to this chapter. [Ord. 323 § 1, 2001]
6.20.070 Right of entry.
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, subject to the provisions of the chapter, to remove or cause the removal of a vehicle or parts thereof declared to be a nuisance pursuant to this chapter. [Ord. 323 § 1, 2001]
6.20.080 Abatement and removal authority.
Upon discovering the existence of an abandoned, wrecked, dismantled or inoperative vehicle, or parts thereof, on private or public property within the city, the code enforcement officer shall have the authority to serve abatement notices and subsequent removal in accordance with the procedures prescribed in this chapter. [Ord. 323 § 1, 2001]
6.20.090 Costs.
The city council shall from time to time determine and fix an amount to be assessed as administrative costs and costs of removal of any vehicle or part thereof under this chapter pursuant to Vehicle Code Section 22600, or Government Code Section 25845 or 38773.5. [Ord. 323 § 1, 2001]
6.20.095 Costs designated.
Pursuant to Vehicle Code Section 22660, the city of Biggs hereby adopts an administrative fee of $10.00 plus actual costs for the abatement, removal of abandoned, wrecked, dismantled or inoperative vehicles or parts thereof, and for the recovery, under Government Code Section 38773.5, of costs of administration and the removal. [Ord. 335 § 1, 2002]
6.20.100 Statutes incorporated by reference.
Vehicle Code Sections 22600 and 22661 are hereby incorporated by reference and made a part of this chapter for all purposes. [Ord. 323 § 1, 2001]
6.20.110 Procedures.
The following abatement process is required prior to removal of any vehicle or parts thereof, as provided in this chapter:
(1) A letter will be sent to the property owner and the owner of the vehicle notifying them of the vehicle violation(s). They will have 14 days from the date of the letter to correct the violation. If the vehicle is in such condition that identification numbers are not available to determine ownership, a letter will be posted on the property and on the vehicle. All reasonable efforts will be made by the city to notify the property and/or vehicle owner of the city ordinance violation(s).
(2) The city will abate the vehicle if the property owner or vehicle owner signs a release authorizing removal and waiving further interest in the vehicle or part thereof. The city will determine who will be financially responsible to abate the vehicle if waiver is signed.
(3) At the end of the 14 days, a reinspection of the property will occur. If the violation(s) still exists, the city will send to the property and vehicle owner a 10-day notice of intention to abate (via certified or registered mail). If the vehicle identification numbers are not available to determine ownership, the abatement will be posted on the vehicle.
(4) Included in the “notice” will be the statement that the property owner shall have the right to a hearing before the mayor or his/her designee to appeal the abatement letter and/or the notice of intention to abate. The “notice of intention to abate” shall include the following information:
(a) Property owner’s name and address;
(b) Assessor’s parcel number;
(c) Vehicle identification;
(d) Statement the property owner can request a hearing;
(e) Statement that failure to take action requested or request a hearing within specified period (i.e., 10 days) will be deemed a waiver of such rights and the code enforcement officer will abate the nuisance.
(5) The “notice” will be sent by registered or certified mail to the property owner as shown on the last equalized assessment roll and to the last registered and legal owners of the vehicle unless the vehicle is in such condition that identification numbers are not available to determine ownership. [Ord. 323 § 1, 2001]
6.20.120 No notice required.
The notice of intention to abate is not required in cases where a vehicle or part thereof is inoperable due to the absence of a motor, transmission, or wheels and each of the following conditions are found to exist by the mayor or his/her designee:
(1) The vehicle is valued at less than $200.00 by a person specified in Vehicle Code Section 22855;
(2) The vehicle or part thereof is incapable of being towed;
(3) The vehicle or part thereof is determined by the mayor or his/her designee to be a public nuisance presenting an immediate threat to public health or safety. [Ord. 323 § 1, 2001]
6.20.130 Request for review by mayor.
(1) The owner of the vehicle and/or the owner of the land on which the vehicle is located shall have the right to request a review before the mayor or his/her designee. The request is to be submitted in writing to the mayor or his/her designee within 10 days after receiving the letter explaining the vehicle abatement violation. The property or vehicle owner can present information to show reasons why he/she is not responsible for the violation and therefore not liable for the administrative city costs associated with the abatement process.
(2) If a request for a review is not received within the 10-day period, the mayor or his/her designee shall abate and remove the vehicle or parts thereof as a public nuisance. [Ord. 323 § 1, 2001]
6.20.140 Review procedure by mayor.
(1) The review shall be conducted by the mayor or his/her designee who will hear all facts and testimony as he/she deems pertinent. The facts and testimony may include the condition of the vehicle or parts thereof and the circumstances concerning its location on private or public property. The owner of the land may appear in person at the hearing or present a sworn, written statement for consideration at the review, to deny responsibility for the presence of the vehicle on the land and corresponding information, in lieu of appearing.
(2) At the conclusion of the review, the mayor or his/her designee shall reverse, modify or affirm the determinations of the enforcement officer and make such orders and confirmation of costs as appropriate.
(3) The mayor or his/her designee may order the vehicle removed and disposed of as specified in this chapter and assess any removal and/or administrative costs to be charged against the landowner. The order requiring removal shall include a description of the vehicle or parts thereof, the corresponding identification and license number of the vehicle, if available.
(4) If it is determined at the review, the vehicle was placed on the land without the consent of the landowner and he/she did not subsequently acquiesce to its presence, then the mayor or his/her designee shall not assess the 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. The city will abate the public nuisance.
(5) The property/vehicle owner need not file a sworn statement if attending the hearing, but can do so if they wish. Such sworn statement will be considered only as to the vehicle(s) or parts thereof, and will not be considered as to the existence of any other condition on the property which may be found to constitute a nuisance in this way or any other proceeding.
(6) The property and/or vehicle owner has the right to appeal the mayor or his/her designee’s decision as specified in BMC 6.20.150. [Ord. 323 § 1, 2001]
6.20.150 Request for a hearing – Planning commission.
The property/vehicle owner has the right to appeal the mayor or his/her designee’s decision, and request a public hearing. The property/vehicle owner shall appeal the mayor or his/her designee’s decision within 10 days of the decision and request a public hearing before the planning commission. The property/vehicle owner must submit the appropriate request to be placed on the planning commission agenda. [Ord. 323 § 1, 2001]
6.20.160 Administrative hearing procedure by the planning commission.
The public hearing shall be conducted by the planning commission, pursuant to the California Vehicle Code Section 22661(e), who will hear all facts and testimony as they consider appropriate. Information provided verbally or in writing may include the condition of the vehicle or parts thereof and the circumstances concerning its location on private or public property. The property owner can submit a sworn written statement, denying responsibility for the presence of the vehicle on his/her land, in lieu of appearing at the public hearing.
(1) At the conclusion of the hearing, the planning commission shall reverse, modify or affirm the determinations of the mayor or his/her designee and make such orders and confirmation of costs as appropriate. The decision shall be in writing, contain findings of fact and be filed with the planning commission secretary.
(a) Where a nuisance is declared, the decision shall contain a finding that the vehicle or part thereof was “abandoned, wrecked, dismantled or inoperative” thereby constituting a public nuisance, include the basis for that finding and order the abatement and removal of the vehicle or parts thereof.
(b) A copy of a decision shall be sent to each party who either appeared at the hearing or sent a written comment regarding the nuisance.
(2) If the planning commission’s decision upholds the public nuisance violation, the property owner has 10 days from the decision to abate the vehicle violation(s).
(3) If the property owner does not abate the violation(s), the city will abate and charge the property owner for removal and administrative costs. If the property owner does not pay the bill within 30 days of its mailing, a lien will be placed on the property for the original costs and any subsequent administrative costs to abate the original vehicle violation(s).
(4) If it is determined at the hearing, the vehicle was placed on the land without consent of the owner of the land and that he/she has not subsequently acquiesced to its presence, the planning commission shall not assess administrative or vehicle removal costs against property upon which the vehicle is located or otherwise attempt to collect such costs from the property owner. The city will abate the public nuisance.
(5) The planning commission’s decision will be final. [Ord. 323 § 1, 2001]
6.20.170 Removal of vehicle.
Ten days after the determination by the mayor or his/her designee or, if appealed to and so determined by the planning commission, declaring the vehicle or parts thereof to be a public nuisance, 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 be reconstructed or made operable unless pursuant to California Vehicle Code Section 5004:
(1) The vehicle qualifies for horseless carriage license plates; or
(2) The vehicle qualifies for historical vehicle license plates. [Ord. 323 § 1, 2001]
6.20.180 Removal of motor vehicles and transfer of title.
(1) Removal. The mayor or his/her designee has the authority to order an abatement of a vehicle pursuant to this chapter. The vehicle or parts thereof will be sold to a licensed scrap yard or to an automobile dismantler.
(2) Transfer. Thereafter the licensed dismantler or owner of the commercial enterprise who receives possession of the vehicle from the city shall be deemed to be the sole owner of the vehicle by reason of voluntary sale and transfer made pursuant to the law. 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 Vehicle Code Section 5004.
A licensed dismantler or commercial enterprise acquiring the vehicle(s) removed pursuant to this chapter shall be excused from the reporting requirements of Section 11520 of the California Vehicle Code. Any fees and penalties, which would otherwise be due the Department of Motor Vehicles, are waived pursuant to Section 22660 of the California Vehicle Code; provided, that a copy of the order is retained in the business records of the dismantler or commercial enterprise. [Ord. 323 § 1, 2001]
6.20.190 Notice to Department of Motor Vehicles.
Within five days after the date of removal of the vehicle or parts thereof, notice shall be given to the Department of Motor Vehicles identifying the vehicle or part thereof removed. There shall also be transmitted to the Department of Motor Vehicles any evidence of registration available, including, but not limited to, the registration card, certificates of ownership, or license plates. [Ord. 323 § 1, 2001]
6.20.200 Triple costs of abatement upon repeated violations.
If a property owner is cited for additional vehicle abatement violations within a two-year period, the city may order the property owner to pay triple (three times) the costs of the additional vehicle abatement(s). [Ord. 323 § 1, 2001]
6.20.210 Violations.
It shall be 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 chapter or state law where such state law is applicable. [Ord. 323 § 1, 2001]