Chapter 8.25
ABANDONED VEHICLES
Sections:
8.25.010 Purpose and authority.
8.25.020 Findings and declarations.
8.25.040 Abandoned vehicle hearing officer.
8.25.060 Regulations supplemental.
8.25.070 Administration and enforcement.
8.25.080 Right to enter on private property.
8.25.090 Fixing administrative costs.
8.25.120 Request for public hearing.
8.25.130 Conduct of hearings – Decision.
8.25.150 When a vehicle may be removed or abated.
8.25.160 Notice and transmittals to Department of Motor Vehicles.
8.25.170 Assessments of costs.
8.25.200 Nonliability of city.
8.25.010 Purpose and authority.
This chapter shall establish standards and procedures for the abatement and removal of abandoned, wrecked, dismantled or inoperative vehicles or parts thereof on private or public property, not including highways, and adopts a vehicle abatement program pursuant to California Vehicle Code Section 22660 et seq. The authority and procedure for abating and removing abandoned vehicles from highways is set forth in the California Vehicle Code. [Ord. 186 § 1, 2001; Code 1990 § 3.11.01.]
8.25.020 Findings and declarations.
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 a public nuisance, the city council makes the following finding and declaration:
The presence of abandoned, wrecked, dismantled or inoperative vehicles or parts thereof on private or public property, not including highways, except as expressly hereinafter permitted, is declared to constitute a public nuisance which may be abated as such in accordance with the provisions of this chapter. [Ord. 186 § 1, 2001; Code 1990 § 3.11.02.]
8.25.030 Definitions.
“Abandoned vehicle” means any automobile, truck or other vehicle, as defined in the California Vehicle Code, left upon any street or highway within the city, with the exception of state highways, for a period of 72 or more consecutive hours.
“Highway” includes streets and means a way or place of whatever nature, publicly maintained or open to the use of the public for purposes of vehicular traffic.
“Inoperative” includes, but is not limited to, a vehicle which is not currently and validly registered in the state of California as required under the provisions of Division 3 (commencing at Section 4000 et seq.) of the California Vehicle Code.
“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 the last legal owner of record of the vehicle.
“Public property” does not include highway.
“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. 186 § 1, 2001; Code 1990 § 3.11.03.]
8.25.040 Abandoned vehicle hearing officer.
The abandoned vehicle hearing officer shall be the city manager or his/her designee. [Ord. 186 § 1, 2001; Code 1990 § 3.11.04.]
8.25.050 Exceptions.
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 which is located behind a solid fence at least six feet in height or which is not plainly visible from a street or other public or private property.
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, or a junkyard; provided, however, that this exception shall not authorize the maintenance of a public or private nuisance as defined under Chapter 10 (commencing with Section 22650) of Division 11 of the California Vehicle Code, and with this chapter. [Ord. 186 § 1, 2001; Code 1990 § 3.11.05.]
8.25.060 Regulations supplemental.
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. 186 § 1, 2001; Code 1990 § 3.11.06.]
8.25.070 Administration and enforcement.
Except as otherwise provided herein, the provisions of this chapter shall be administered and enforced by the code enforcement officer of the city or his designee, acting under direction provided by the city manager. In the enforcement of this chapter, such person(s) charged with administration and enforcement may enter upon private or public property to examine a vehicle or parts thereof, or obtain information as to the identity of a vehicle and to remove or cause the removal of a vehicle or parts thereof declared to be a nuisance pursuant to this chapter, provided written permission or a proper warrant has been obtained. [Ord. 186 § 1, 2001; Code 1990 § 3.11.07.]
8.25.080 Right to enter on private property.
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, provided written permission or a proper warrant has been obtained. [Ord. 186 § 1, 2001; Code 1990 § 3.11.08.]
8.25.090 Fixing administrative costs.
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. 186 § 1, 2001; Code 1990 § 3.11.09.]
8.25.100 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 or his/her designated representative shall have the authority to cause the abatement and removal thereof in accordance with the procedure prescribed herein. [Ord. 186 § 1, 2001; Code 1990 § 3.11.10.]
8.25.110 Notice of intention.
A 10-day notice of intention to abate and remove the vehicle or parts thereof, as a public nuisance, shall be mailed by the code enforcement officer or his/her designated representative, via 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 of the vehicle, unless the vehicle is in such condition that identification numbers are not available to determine ownership, and 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. The form of the notice shall be such as is prescribed by the city manager or his designated representative, and approved by the city attorney, and 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. However, the notice of intention is not required for removal of a vehicle or part thereof which is located upon a parcel that is zoned for agricultural use or is not improved with a residential structure containing one or more dwelling units, and which is inoperable due to the absence of a motor, transmission, or wheels and incapable of being towed, is valued at less than $200.00 by a person specified in Section 22855 of the California Vehicle Code, and is determined to be a public nuisance presenting an immediate threat to public health or safety; provided, that the property owner has signed a release authorizing removal and waiving further interest in the vehicle or part thereof. Prior to final disposition under Section 22662 of the California Vehicle Code of such a low-valued vehicle or part from which evidence of registration was recovered pursuant to this section, the code enforcement officer or his/her designee shall provide notice to the registered and legal owners of intent to dispose of the vehicle or parts thereof, and if the vehicle or part is not claimed and removed within 12 days after the notice is mailed, from a location specified in Section 22662 of the California Vehicle Code, final disposition may proceed and the city or a contractor of the city shall not be liable for damage caused to the vehicle or part thereof removed pursuant to such section. [Ord. 186 § 1, 2001; Code 1990 § 3.11.11.]
8.25.120 Request for public hearing.
A. Upon request received by the code enforcement officer or his/her designee from the owner of the vehicle or owner of the land within 10 days after the mailing of the notices of intention to abate and remove, or at the time of signing a release as set forth in CMC 8.25.110, a hearing shall be held by the abandoned vehicles hearing officer 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 the cost of removal of the vehicle or parts thereof against the property on which it is located.
B. If the owner of the land submits a sworn, written statement denying responsibility for the presence of the vehicle on his land within such 10-day period, said statement shall be construed as a request for a hearing which does not require the presence of the owner submitting the request. Notice of the hearing shall be mailed by the code enforcement officer or his designated representative via certified mail, return receipt requested, at least 10 days before the hearing date 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 or unless ownership records are no longer available through the Department of Motor Vehicles.
C. If such a request for a hearing is not received within 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 hearing, upon the written order of the city manager or his designated representative, a copy of which order shall be filed with the city clerk, provided written permission or a proper warrant has been obtained. [Ord. 186 § 1, 2001; Code 1990 § 3.11.12.]
8.25.130 Conduct of hearings – Decision.
A. All hearings under this chapter shall be held before the abandoned vehicle hearing officer, who shall hear all facts and testimony on the condition of the vehicle or parts thereof and the circumstances concerning its location on the private property or public property. The hearing officer shall not be limited by the technical rules of evidence; however, the hearing shall be conducted formally, all testimony shall be sworn testimony, and the hearing shall be recorded. The owner of the land 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 reasons for such denial.
B. The hearing officer may impose such conditions and take such other action as he deems appropriate under the circumstances to carry out the purpose of this chapter. The hearing officer may delay the time for removal of the vehicle or parts thereof if, in his/her opinion, the circumstances justify it. At the conclusion of the hearing, the hearing officer may find that a vehicle or parts thereof has been abandoned, wrecked, 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 hereinafter provided and determine the administrative costs and the cost of removal to be charged against the owner of the land. The order requiring removal shall include a description of the vehicle or parts thereof and the correct identification number and license number of the vehicle, if available at the site, and a copy shall be filed with the city clerk.
C. If it is determined at the hearing that the vehicle was placed on the land without the consent of the owner of the land and that he has not subsequently acquiesced to its presence, the hearing officer 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.
D. 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, or if an interested party makes a written presentation to the hearing officer but does not appear, he shall be notified in writing of the decision.
E. If the hearing officer finds that the property owner did not consent or subsequently acquiesce to the presence of the vehicle or parts thereof, then the vehicle owner may be assessed for the costs of removal.
F. If the vehicle or parts thereof is on public property, the owner of the vehicle may be assessed for the costs of removal. [Ord. 186 § 1, 2001; Code 1990 § 3.11.13.]
8.25.140 Appeals.
A. Any interested party may appeal the decision of the abandoned vehicle hearing officer by filing a written notice of the appeal with the hearing officer within seven days after his/her decision.
B. Such appeal shall be heard by the city council which may affirm, amend or reverse the order, or take any other action which may be deemed appropriate.
C. The city clerk shall give written notice of the time and place of the hearing to the appellant and those persons specified in CMC 8.25.110.
D. In conducting the hearing, the city council shall not be limited by the technical rules of evidence; however, the hearing shall be conducted formally, all testimony shall be sworn testimony, and the hearing shall be recorded. The decision of the council shall be final and conclusive and shall be a written decision which shall be served upon all interested parties by certified mail, return receipt requested. The written decision shall contain a notice that judicial review, if desired, must be sought within the 90-day limit set forth in California Code of Civil Procedures Section 1094.6. [Ord. 186 § 1, 2001; Code 1990 § 3.11.14.]
8.25.150 When a vehicle may be removed or abated.
Ten days after the latter of (A) the adoption of the order declaring the vehicle or parts thereof to be a public nuisance, (B) the date of mailing of notice of the decision, if such notice is required by CMC 8.25.140, or (C) the action of the city council authorizing removal following appeal, 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, 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. 186 § 1, 2001; Code 1990 § 3.11.15.]
8.25.160 Notice and transmittals 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 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 ownership and license plates. [Ord. 186 § 1, 2001; Code 1990 § 3.11.16.]
8.25.170 Assessments of costs.
If the administrative costs and the cost of removal which are charged against the owner of a parcel of land pursuant to CMC 8.25.130 are not paid within 30 days from 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. Said assessment shall have the same priority as other city taxes. [Ord. 186 § 1, 2001; Code 1990 § 3.11.17.]
8.25.180 Penalties.
A. It is unlawful for any person who has previously had any vehicle owned by him or placed on his land abated in accordance with the provisions of this chapter, excepting the owner of land exonerated pursuant to CMC 8.25.130(C), 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, unless such vehicle or part thereof is completely enclosed within a building in a lawful manner which is not plainly visible from the street or other public or private property, or unless such vehicle is stored or parked in a lawful manner on private property in conjunction with the business of a licensed dismantler, licensed vehicle dealer, or a junkyard.
B. It is unlawful 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. [Ord. 186 § 1, 2001; Code 1990 § 3.11.18.]
8.25.190 Judicial review.
California Code of Civil Procedure Section 1094.6 is hereby adopted and made applicable to any judicial review of any decision made by the city or its vehicle abatement hearing officer, agents, representatives, or employees under this chapter. [Ord. 186 § 1, 2001; Code 1990 § 3.11.19.]
8.25.200 Nonliability of city.
Nothing in this chapter shall be deemed to impose any liability or damages or a duty of care and maintenance upon the city or upon any of its officers or employees. [Ord. 186 § 1, 2001; Code 1990 § 3.11.20.]