Chapter 8.48
ABANDONED VEHICLES*
Sections:
8.48.010 Declaration of Nuisance.
8.48.040 Chapter Not Exclusive.
8.48.050 Enforcement by Chief of Police.
8.48.070 Administrative Costs.
8.48.080 Abatement of Nuisance.
8.48.140 Notice to Department of Motor Vehicles and/or Department of Justice.
8.48.160 Vehicle Hearing Officer.
8.48.170 Moving Vehicles Prior to Hearing.
8.48.180 Failure of Owner to Appear at Hearing.
* For statutory provisions on local abatement and removal of abandoned vehicles, see Vehicle Code § 22660 et seq.
8.48.010 Declaration of Nuisance.
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 finds and declares the following:
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 or 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, 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 code. (Ord. 93-5 § 1, 1993; Ord. 241 C.S. § 1, 1971; Ord. 161 C.S. § 1, 1968; Code 1975 § 698.0).
8.48.020 Definitions.
As used in this chapter:
A. “Abandoned vehicle” means any vehicle whose owner cannot be found or will not assume responsibility for the vehicle and which has been left on private property or on public property in such inoperable or neglected condition that the owner’s intention to relinquish all further rights or interests in it may be reasonably concluded.
B. “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.
C. “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.
D. “Owner of the vehicle” means the last registered owner and legal owner of record.
E. “Public property” includes “highway”.
F. “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. 93-5 § 1, 1993; Ord. 75-11 § 2, 1975; Ord. 241 C.S. § 1, 1971; Ord. 161 C.S. § 1, 1968; Code 1975 § 698.1).
8.48.030 Exceptions.
A. This chapter shall not apply to:
1. A vehicle, or parts 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.
2. A vehicle, or parts 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.
3. This chapter shall not apply to a vehicle or parts thereof when located behind a solid fence six or more feet in height so that the vehicle or vehicle parts are not visible from any public street or other public or private property.
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. 241 C.S. § 1, 1971; Ord. 161 C.S. § 1, 1968; Code 1975 § 698.2).
8.48.040 Chapter Not Exclusive.
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 all ordinances enacted by the City, the State, or any other legal entity or agency having jurisdiction. (Ord. 241 C.S. § 1, 1971; Ord. 161 C.S. § 1, 1968; Code 1975 § 698.31).
8.48.050 Enforcement by Chief of Police.
Except as otherwise provided in this chapter, the provisions of this chapter shall be administered and enforced by the Chief of Police. In the enforcement of this chapter such officer and her/his deputies 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. (Ord. 241 C.S. § 1, 1971; Ord. 161 C.S. § 1, 1968; Code 1975 § 698.32).
8.48.060 Contractor’s Rights.
When the City Council has contracted with or granted a franchise to any person or persons for removal of vehicles or parts thereof, 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 under written authorization by the Chief of Police of his/her deputy. (Ord. 93-5 § 1, 1993; Ord. 241 C.S. § 1, 1971; Ord. 161 C.S. § 1, 1968; Code 1975 § 698.33).
8.48.070 Administrative Costs.
The City Council shall from time to time determine and fix by resolution an amount to be assessed as administrative costs (excluding the actual cost of removal of any vehicle or parts thereof) under this chapter. Unless otherwise fixed by resolution, the administrative costs for each hearing shall be $25.00. (Ord. 75-11 § 2, 1975; Ord. 241 C.S. § 1, 1971; Ord. 161 C.S. § 1, 1968; Code 1975 § 698.34).
8.48.080 Abatement of Nuisance.
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 Chief of Police shall have the authority to cause the abatement and removal thereof in accordance with the procedure prescribed in this chapter. (Ord. 241 C.S. § 1, 1971; Ord. 161 C.S. § 1, 1968; Code 1975 § 698.35).
8.48.090 Notices Required.
A notice of hearing and intention to abate and remove a vehicle, or parts thereof, as a public nuisance and/or intention to assess or charge towing charges and administrative costs shall be mailed by registered or certified mail to the owner of the land and/or to the owner of the vehicle, unless the vehicle is in such condition that identification numbers are not available to determine ownership. The notices shall be mailed at least 10 days before the hearing. The notices of hearing and intention shall be in substantially the following forms:
A. Notice to Owner of Land.
NOTICE TO OWNER OF LAND:
NOTICE OF HEARING TO DETERMINE IF A VEHICLE IS AN ABANDONED, WRECKED, DISMANTLED, OR INOPERATIVE VEHICLE, IF SUCH VEHICLE, OR PARTS THEREOF, SHOULD BE ABATED AND REMOVED AS A PUBLIC NUISANCE AND IF THE COSTS OF ADMINISTRATION AND REMOVAL SHOULD BE ASSESSED TO YOUR LAND AND/OR PAID BY YOU.
TO: (Name and address of owner of land as shown on last equalized assessment roll.)
YOU ARE HEREBY GIVEN NOTICE THAT A HEARING WILL BE HELD BEFORE THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA (or VEHICLE HEARING OFFICER) ON ____________, 19___ AT ___ M. AT ________________ (place) for the purpose of determining if a vehicle is an abandoned, wrecked, dismantled or inoperative vehicle, if such vehicle or parts thereof should be abated and removed as a public nuisance from your property, described as Assessor’s Parcel #_______________ and if the costs of administration and removal should be assessed against your land and/or paid by you, all in accordance with Section 8.48.070 of the Municipal Code of Carmel-by-the-Sea.
The vehicle (or parts thereof) is described as: __________________
Registered owner:
Legal owner:
License No.:
Engine ID No.:
Located at:
If you are responsible for the vehicle or parts thereof, and you remove the same and notify the undersigned in writing of the removal prior to the hearing date, the hearing will be cancelled and no costs will be assessed or charged.
You may appear in person at the hearing and testify regarding your responsibility for the vehicle or parts and whether or not it is abandoned and/or constitutes a public nuisance.
If the vehicle or parts are found to be a public nuisance, the Chief of Police shall have the authority to abate and remove them and the administrative costs of this proceeding and the costs of abatement and removal shall be charged to you.
Notice mailed _______________, 19___.
________________________
Chief of Police
Carmel-by-the-Sea
B. Notice to Owner of Vehicle.
NOTICE TO OWNER OF VEHICLE:
NOTICE OF HEARING TO DETERMINE IF A VEHICLE IS AN ABANDONED, WRECKED, DISMANTLED, OR INOPERATIVE VEHICLE, IF SUCH VEHICLE, OR PARTS THEREOF, SHOULD BE ABATED AND REMOVED AS A PUBLIC NUISANCE AND IF THE COSTS OF ADMINISTRATION AND REMOVAL SHOULD BE PAID BY YOU.
TO: (Name and address of last registered and/or legal owner of record of vehicle – Notice to both if different.)
YOU ARE HEREBY GIVEN NOTICE THAT A HEARING WILL BE HELD BEFORE THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA (or VEHICLE HEARING OFFICER) ON ____________, 19___ AT ___ M. AT _______________ (place) for the purpose of determining if an abandoned, wrecked, dismantled, or inoperative vehicle or parts thereof, described as:______________________________
Registered owner:
Legal owner:
License No.:
Engine ID No.:
Located at:
should be found to be a public nuisance and abated and removed by the City of Carmel-by-the-Sea and the administrative costs of this proceeding and the actual costs of removal charged to you in accordance with § 8.48.070 of the Municipal Code of the City of Carmel-by-the-Sea.
If you are responsible for the vehicle or parts thereof, and you remove the same and notify the undersigned in writing of the removal prior to the hearing date, the hearing will be cancelled and no costs will be assessed or charged.
You may appear in person at the hearing and testify regarding your responsibility for the vehicle or parts and whether or not it is abandoned and/or constitutes a public nuisance.
If the vehicle or parts are found to be a public nuisance, the Chief of Police shall have the authority to abate and remove them and the administrative costs of this proceeding and the costs of abatement and removal shall be charged to you.
Notice mailed _______________, 19___.
________________________
Chief of Police
Carmel-by-the-Sea
C. Notice to Owner of Vehicle After Vehicle Moved.
NOTICE TO OWNER OF VEHICLE AFTER VEHICLE MOVED:
NOTICE OF HEARING TO DETERMINE IF THE TOWING OR OTHERWISE MOVING OF A VEHICLE WAS REASONABLE AND AUTHORIZED AND IF THE COST OF TOWING OR MOVING AND THE ADMINISTRATIVE COSTS OF THIS PROCEEDING SHOULD BE MADE A LIEN AGAINST YOUR VEHICLE AND/OR OTHERWISE CHARGED TO YOU.
TO: (Name and address of last registered and/or legal owner of record of vehicle – Notice to both if different.)
YOU ARE HEREBY GIVEN NOTICE THAT A HEARING WILL BE HELD BEFORE THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA (or VEHICLE HEARING OFFICER) ON ____________, 19___ AT ___ M. AT___________(place) for the purpose of determining if the towing or moving of the vehicle described below was reasonable and authorized and if the cost of towing or moving and the administrative costs of this proceeding should be made a lien against your vehicle or otherwise charged to you.
The vehicle towed or moved is described as:_______________________________________________________________________________________
Registered owner:
Legal owner:
License No.:
Engine ID No.:
and was located at __________________ at the time it was moved or towed.
The moving or towing of the vehicle was necessary because:
The authority for moving or towing the vehicle is
The cost of moving or towing the vehicle was $___________ and the administrative costs of this proceeding will be $_________.
You may appear at the hearing and testify personally or you may appear in writing by letter to the City Council received by the City prior to the hearing. Failure to appear either in person or in writing shall be strong evidence that the moving or towing was reasonable and authorized.
If you pay to the City the cost of the moving or towing at least two City working days prior to the hearing date, the hearing will be cancelled and no administrative costs will be assessed.
Notice mailed _______________, 19___.
________________________
Chief of Police
Carmel-by-the-Sea
(Ord. 75-11 § 2, 1975; Ord. 241 C.S. § 1, 1971; Ord. 161 C.S. § 1, 1968; Code 1975 § 698.36).
8.48.100 Hearing Required.
A. A public hearing as scheduled by the notices shall be held by the City Council or a Vehicle Hearing Officer appointed by the City Council on the question of abatement and removal of the vehicle or parts thereof as an abandoned, wrecked, dismantled or inoperative vehicle, and/or to determine if the moving or towing of a vehicle was reasonable and authorized, and to assess the administrative costs and the cost of removal of the vehicle or parts thereof against the property on which it is located and/or against the owner of the vehicle.
B. A hearing shall be held even if the owner of the land or owner of the vehicle or both of them fail to appear at the hearing or to contact or otherwise communicate with the City prior to the hearing. (Ord. 75-11 § 2, 1975; Ord. 241 C.S. § 1, 1971; Ord. 161 C.S. § 1, 1968; Code 1975 § 698.37).
8.48.110 Form of Hearing.
A. All hearings under this chapter shall be held before the City Council (or Vehicle Hearing Officer). All facts and testimony deemed pertinent may be heard and may include testimony on the condition of the vehicle or parts thereof, the circumstances concerning its location on private or public property, and/or the reasons for moving or towing it without prior hearing. Technical rules of evidence shall not apply. 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 the owner’s reasons for such denial.
B. The City Council (or Vehicle Hearing Officer) may impose such conditions and take such other action as deemed appropriate under the circumstances to carry out the purpose of this chapter. It may delay the time for removal of the vehicle or parts thereof if, in its opinion, the circumstances justify it. At the conclusion of the public hearing, the City Council 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 provided in this chapter. It may determine that moving or towing the vehicle was reasonable and authorized. It may determine the administrative costs and the cost of removal to be charged against the owner of the land and/or the owner of the vehicle. 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.
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 the owner has not subsequently acquiesced in its presence, the City Council 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. The owner of the land and/or the owner of the vehicle shall be notified in writing of the decision of the City Council (or Vehicle Hearing Officer) whether or not they appear at the hearing. (Ord. 75-11 § 2, 1975; Ord. 241 C.S. § 1, 1971; Ord. 161 C.S. § 1, 1968; Code 1975 § 698.38).
8.48.120 Decisions Final.
All decisions made by the City Council under the provisions of this chapter shall be final and not subject to appeal. (Ord. 241 C.S. § 1, 1971; Ord. 161 C.S. § 1, 1968; Code 1975 § 698.39).
8.48.130 Disposal of Vehicle.
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 CMC 8.48.110, the vehicle or parts may be disposed of by removal to a scrap yard or automobile dismantler’s yard, or other suitable disposal site. After a vehicle has been so removed it shall not thereafter be reconstructed or made operable, unless it qualifies for horseless carriage or historical vehicle license plates. (Ord. 79-21 § 33, 1979; Ord. 241 C.S. § 1, 1971; Ord. 161 C.S. § 1, 1968; Code 1975 § 698.40).
8.48.140 Notice to Department of Motor Vehicles and/or Department of Justice.
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 title and license plates. Notice shall also be given to the California Department of Justice, Stolen Vehicle Division, when the vehicle falls within the provisions of Section 22853 of the California Vehicle Code. (Ord. 93-5 § 1, 1993; Ord. 241 C.S. § 1, 1971; Ord. 161 C.S. § 1, 1968; Code 1975 § 698.41).
8.48.150 Collection of Costs.
If the administrative costs are not paid within 30 days of the date of the order, such costs shall be assessed against the parcel of land pursuant to Section 38773.5 of the Government Code of the State of California and shall be transmitted to the Tax Collector for collection. The assessment shall have the same priority as other City taxes. Costs which are charged against the owner of a vehicle shall be billed to the owner and collected in the same manner as other debts owed the City. (Ord. 75-11 § 2, 1975; Ord. 241 C.S. § 1, 1971; Ord. 161 C.S. § 1, 1968; Code 1975 § 698.42).
8.48.160 Vehicle Hearing Officer.
The City Council may appoint by resolution a Vehicle Hearing Officer to hold all hearings required by this chapter. If a hearing is held before a Vehicle Hearing Officer, the owner of land or vehicle owner shall have the right to appeal the decision of the Vehicle Hearing Officer to the City Council by filing a written notice of appeal with the City Administrator within 10 days after the decision of the Vehicle Hearing Officer is announced at the hearing where the owner is present or after the date on which a copy of the decision is mailed to the owner, if the decision is not announced in the owner’s presence at the hearing. The notice of appeal shall state the reasons why the Vehicle Hearing Officer’s decision was wrong. Upon receiving notice of appeal, the City Administrator shall set the hearing on appeal for the next regularly scheduled City Council meeting, which is at least seven days from the date the notice of appeal is received. (Ord. 75-11 § 2, 1975; Ord. 241 C.S. § 1, 1971; Ord. 161 C.S. § 1, 1968; Code 1975 § 698.43).
8.48.170 Moving Vehicles Prior to Hearing.
Whenever, prior to a hearing being held, it is necessary to move a vehicle pursuant to any regulatory codes, statutes and ordinances enacted by the City or State or any other legal entity or agency having jurisdiction, the charges for moving the vehicle and administrative costs shall not be assessed against the vehicle as a lien or charged to the owner of the vehicle until a hearing has been held by the City Council determining that the moving of the vehicle was reasonable and authorized. Notice of the hearing shall be sent as prescribed in CMC 8.48.090. The hearing shall be conducted in the manner described in CMC 8.48.090 so far as applicable. (Ord. 75-11 § 2, 1975; Ord. 241 C.S. § 1, 1971; Ord. 161 C.S. § 1, 1968; Code 1975 § 698.44).
8.48.180 Failure of Owner to Appear at Hearing.
Failure of an owner of land or vehicle owner to appear at a hearing, notice of which was sent as required by this chapter, shall be deemed as strong evidence that the vehicle or parts thereof is abandoned, wrecked, dismantled or inoperative and a public nuisance, or that the moving of a vehicle or parts thereof without a hearing was reasonable and authorized by law. (Ord. 75-11 § 2, 1975; Ord. 241 C.S. § 1, 1971; Ord. 161 C.S. § 1, 1968; Code 1975 § 698.45).