Chapter 10.60
ABANDONED VEHICLES
Sections:
10.60.010 Authority – Findings and declarations.
10.60.040 Provisions not exclusive.
10.60.060 Authority of vehicle abatement officer.
10.60.070 Authority of private contractor.
10.60.080 Administrative costs.
10.60.090 Notice of intent to abate.
10.60.100 Public hearing requested.
10.60.110 Public hearing procedure, action.
10.60.120 Liability disclaimer.
10.60.140 Notice to Department of Motor Vehicles.
10.60.010 Authority – 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 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, promote blight and deterioration, invite plundering, create fire hazards, constitute an attractive nuisance creating a hazard to the health and safety of minors, and create a harborage for rodents and insects and 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, except as expressly permitted in this chapter, constitutes a public nuisance which may be abated as such in accordance with the provisions of this chapter.
(Ord. 785 § 1(part), 2006).
10.60.020 Definitions.
As used in this chapter, the following words and phrases are defined as set out in this section:
“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.
“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 (California Vehicle Code Section 505) and legal owner (California Vehicle Code Section 370).
“Vehicle” means a device by which any person or property may be propelled, moved, or drawn upon a highway, except a device moved exclusively by human power or used exclusively upon stationary rails or tracks. (Ord. 785 § 1(part), 2006).
10.60.030 Exception.
This chapter shall not apply to:
A. A vehicle or parts thereof which is completely enclosed within a building in a lawful manner where it is not visible from the highway or other public or private property;
B. 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, or a permitted junkyard;
C. Nothing in this section authorizes the maintenance of a public or private nuisance as defined under any provision of law other than Chapter 10 (commencing with Section 22650) of Division 11 of the Vehicle Code and this chapter. (Ord. 785 § 1(part), 2006).
10.60.040 Provisions not exclusive.
This chapter is not the exclusive regulation of abandoned, wrecked, dismantled, or inoperative vehicles within the city. It shall supplement and add to other regulatory codes, statutes, and ordinances heretofore or hereafter enacted by this city, county, state, or any other legal entity or agency having jurisdiction. (Ord. 785 § 1(part), 2006).
10.60.050 Officer designated.
Except as otherwise provided in this chapter, the provisions of this chapter shall be administered and enforced by the vehicle abatement officer as designated by the chief of police. In the enforcement of this chapter, such officer may enter upon private or public property, as permitted by law, to examine a vehicle or parts thereof, obtain information as to the identity of a vehicle, and remove or cause the removal of a vehicle or parts thereof declared to be a nuisance pursuant to this chapter. (Ord. 785 § 1(part), 2006).
10.60.060 Authority of vehicle abatement officer.
The vehicle abatement officer shall have the authority to cause the abatement and removal of an abandoned, wrecked, dismantled or inoperative vehicle or parts thereof on private or public property in accordance with the procedures described in this chapter. (Ord. 785 § 1(part), 2006).
10.60.070 Authority of private contractor.
When the city has contracted with or granted a franchise to any person or persons to remove vehicles pursuant to this chapter, such person or persons shall be authorized to enter upon private property or public property, as permitted by law, to remove or cause the removal of a vehicle or parts thereof declared to be a nuisance pursuant to this chapter. (Ord. 785 § 1(part), 2006).
10.60.080 Administrative costs.
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 parts thereof) under this chapter. (Ord. 785 § 1(part), 2006).
10.60.090 Notice of intent to abate.
A. A ten-day notice of intent 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 of the subject vehicle, unless the vehicle is in such condition that identification numbers are not available to determine ownership. The notice of intent shall be in substantially the following forms:
NOTICE OF INTENT TO ABATE AND REMOVE AN ABANDONED, WRECKED, DISMANTLED, OR INOPERATIVE VEHICLE Or Parts Thereof AS A PUBLIC NUISANCE
(Name and address of 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 Title 10, Chapter 60, commencing at section 10.60.010, has determined that there exists upon said land an abandoned, wrecked, dismantled, or inoperative vehicle or parts thereof registered to ____________, license number _______ which constitutes a public nuisance pursuant to the provisions of section 10.60.010.
You are hereby notified to abate said nuisance by the removal of said vehicle or parts thereof within 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 parts thereof is located.
As owner of the land on which said vehicle or parts thereof is located, you are hereby notified that you may request, within 10 days after mailing of this notice of intent, a public hearing. If such request is not received by the Chief of Police of the City of Cotati within such 10-day period, the vehicle abatement officer shall have the authority, as permitted by law, to abate and remove said vehicle or parts thereof as a public nuisance and assess the costs as aforesaid without a public hearing. You may submit a sworn written statement within such 10-day period denying responsibility for the presence of said vehicle or parts thereof on said land, along with your reasons for denial, and such statement shall be construed as a request for 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 on the ___ day of ___, 200__.
____________________
Vehicle Abatement Officer
Cotati Police Department
NOTICE OF INTENT TO ABATE AND REMOVE AN ABANDONED, WRECKED, DISMANTLED OR INOPERATIVE VEHICLE Or Parts Thereof AS A PUBLIC NUISANCE
(Name and address of last REGISTERED and/or LEGAL OWNER of record of vehicle – notice should be given to both if different)
As 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 Title 10, Chapter 60, commencing at section 10.60.010, has determined that said vehicle or parts thereof 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 section 10.60.010.
You are hereby notified to abate said nuisance by the removal of said vehicle or parts thereof within 10 days from the date of mailing of this notice.
As registered (and/or legal) owner of record of said vehicle or parts thereof you are hereby notified that you may request, within 10 days after the mailing of this notice of intent, a public hearing. If such request is not received by the Chief of Police of the City of Cotati within such 10-day period, the vehicle abatement officer shall have the authority, as permitted by law, to abate and remove said vehicle or parts thereof without a hearing.
NOTICE MAILED on the day of ___, 200__.
____________________
Vehicle Abatement Officer
Cotati Police Department
B. A notice of intent to abate shall not be required if:
1. The property owner and the owner of the vehicle have signed releases authorizing removal and waiving further interest in the vehicle or parts thereof; or
2. All the following conditions are satisfied:
a. The vehicle or parts thereof is inoperable due to the absence of a motor, transmission, or wheels and is incapable of being towed,
b. The vehicle or parts thereof is valued at less than two hundred dollars by the police chief or his/her designee,
c. The vehicle abatement officer has determined that the vehicle or parts thereof is a public nuisance presenting an immediate threat to public health or safety,
d. The property owner has signed a release authorizing the removal and waiving further interest in the vehicle or parts thereof, and
e. 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.
C. If a vehicle is removed pursuant to subsection B of this section, prior to final disposition, the registered and legal owners, if known, shall be notified of the intent to dispose of the vehicle or parts thereof. If the vehicle or parts thereof is not claimed and removed from the scrap yard, automobile dismantler’s yard or public disposal area within twelve days after the notice to dispose of vehicle is mailed, final disposition may proceed. (Ord. 785 § 1(part), 2006).
10.60.100 Public hearing requested.
A. Upon request by the owner of the vehicle or owner of the land, a public hearing shall be held by a police department supervisor to determine 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.
B. If the owner of the land submits a sworn written statement denying responsibility for the presence of the vehicle on his/her land within such ten-day period, said statement shall be construed as a request for a hearing, which does not require owner’s presence.
C. Notice of the hearing shall be mailed, by registered or certified mail, at least ten 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.
D. If such a request for hearing is not received within said ten days after mailing of the notice of intent 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. 785 § 1(part), 2006).
10.60.110 Public hearing procedure, action.
A. A hearing under this chapter shall be held before the police department supervisor, who shall receive evidence on the vehicle abatement, the assessment of the administrative costs, and the costs of removal. Such evidence may include testimony on the condition of the vehicle, or parts thereof, and the circumstances concerning its location on private property or public property. The police department supervisor 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 timely present a written statement for consideration at the hearing, and deny responsibility for the presence of the vehicle on the land with reasons for such denial.
B. The police department supervisor may impose such conditions and take such other action deemed appropriate. At the conclusion of the public hearing, the police department supervisor 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 and determine the administrative costs and the cost of removal be charged against the owner of the parcel of land on which the vehicle or parts thereof is located. 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 land owner and that owner has not subsequently acquiesced in its presence, the police department supervisor 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.
D. If an interested party timely submits a sworn written statement to the police department supervisor, but does not appear, they shall be notified in writing of the decision.
E. The decision of the police department supervisor following the hearing authorized under this section shall be final and without appeal. (Ord. 785 § 1(part), 2006).
10.60.120 Liability disclaimer.
No local agency or contractor thereof shall be liable for damage caused to a vehicle or parts thereof by removal pursuant to Section 22661 of the California Vehicle Code and this chapter. (Ord. 785 § 1(part), 2006).
10.60.130 Vehicle disposal.
After the date of mailing of the order of the police department supervisor, the vehicle or parts thereof may be disposed of by removal to a scrapyard 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 Section 5004 of the California Vehicle Code, in which case the vehicle may be reconstructed or made operable. (Ord. 785 § 1(part), 2006).
10.60.140 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 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. 785 § 1(part), 2006).
10.60.150 Cost recovery.
If the administrative costs and the costs of removal which are charged against the owner of a parcel of land pursuant to Section 10.60.100 are not paid within thirty days of the date of the order, such costs shall be assessed against the parcel of land pursuant to Government Code Sections 38773.5 et seq. and shall be transmitted to the tax collector for collection. Notice in accordance with Government Code Section 38773.5 shall be given to the owner at the time of imposition of the assessment. Said assessment shall have the same priority as other county taxes. (Ord. 785 § 1(part), 2006).
10.60.160 Act of abandonment.
No person shall abandon, park, store, or leave or permit the abandonment, parking, storing, or leaving of any licensed or unlicensed vehicle or parts thereof which is in an inoperable condition upon any private or public property, including highways, within the city for a period in excess of seventy-two or more consecutive hours unless such vehicle or parts thereof is completely enclosed within a building in a lawful manner where it 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 connection with the business of a licensed dismantler, licensed vehicle dealer, or a permitted junkyard. (Ord. 785 § 1(part), 2006).
10.60.170 Refusal to abate.
No person shall fail or refuse to remove an abandoned, wrecked, dismantled, or inoperative vehicle or parts 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. 785 § 1(part), 2006).