Chapter 8.16
ABANDONED VEHICLES1
Sections:
8.16.010 Findings – Nuisance declaration.
8.16.040 Additional regulation.
8.16.070 Administrative costs.
8.16.080 Abatement – Authority.
8.16.100 Abatement – Hearing – Procedure.
8.16.110 Abatement – Hearing – Action.
8.16.120 Abatement – Decision appeal.
8.16.140 Identification notice.
8.16.010 Findings – Nuisance declaration.
In addition to and in accordance with the determination made and the authority granted by the state 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, 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 parts thereof, on private or public property, not including highways, except as expressly hereinafter permitted, is a public nuisance which may be abated as such in accordance with the provisions of this chapter. (1964 Code § 16A.1.)
8.16.020 Definitions.
As used 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 street;
B. “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;
C. “Owner of the vehicle” means the last registered owner and legal owner of record;
D. “Public property” does not include highway;
E. “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;
F. “Administrator” means the person or persons designated by the city manager as being responsible for the implementation and enforcement of the provisions contained within this chapter. (Ord. 10-1988 § 9, 2010; 1964 Code § 16A.1.)
8.16.030 Applicability.
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; or
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.
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. (1964 Code § 16A.2.)
8.16.040 Additional regulation.
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. (1964 Code § 16A.3.)
8.16.050 Enforcement.
Except as otherwise provided herein, the provisions of this chapter shall be administered and enforced by the administrator. In the enforcement of this chapter the administrator, or designee thereof, 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 remove or cause the removal of a vehicle or parts thereof declared to be a nuisance pursuant to this chapter. (Ord. 10-1988 § 10, 2010; Ord. 04-1914 § 1, 2004; 1964 Code § 16A.4.)
8.16.060 Right of entry.
When the city council has contracted with or granted a franchise to any person or persons, such person or persons are 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. (1964 Code § 16A.5.)
8.16.070 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 parts thereof) under this chapter. (1964 Code § 16A.6.)
8.16.080 Abatement – Authority.
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 administrator or designees thereof shall have the authority to cause the abatement and removal thereof in accordance with the procedure prescribed in this chapter. (Ord. 10-1988 § 11, 2010; Ord. 04-1914 § 2, 2004; 1964 Code § 16A.7.)
8.16.090 Abatement.
A 10-day notice of intent to abate and remove the vehicle, or parts thereof, as a public nuisance shall be mailed by registered mail 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. (Ord. 10-1988 § 12, 2010; Ord. 04-1914 § 3, 2004; 1964 Code § 16A.8.)
8.16.100 Abatement – Hearing – Procedure.
A. An owner of the vehicle or owner of the land who receives a notice of intention may appeal it within 10 calendar days after the mailing of the notice of intention. To request an appeal, an applicant shall submit a written request for an appeal hearing, which shall indicate a return address and must specify the basis for the appeal. In lieu of a written request for appeal, the owner of the land may submit a sworn written statement to the administrator or designee thereof within such 10-day period denying responsibility for the presence of the vehicle (or parts of the vehicle) subject to the notice of intention, with reasons for denial, and such statement shall be accepted as a written request for an appeal hearing at which the owner of the land does not intend to be present. Any appeal, whether made by submitting a written request for appeal or a sworn written statement, shall be accompanied by an appeal fee, which shall be in the same amount as that for appeals of administrative citations, pursuant to CMC 1.26.090(A). If the appeal deadline falls on a day that City Hall is closed, then the deadline shall be extended until the next regular business day.
B. As soon as practicable after receiving the written notice of appeal or written sworn statement, the administrator or designee thereof shall fix a date, time and place for a public hearing before an impartial hearing officer on the question of abatement and removal of the vehicle or parts thereof as 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. During the time that an appeal is pending, the city shall take no action to abate or remove the vehicle (or parts thereof) that is the subject of the appeal unless abatement or removal of the vehicle (or parts thereof) is necessary to prevent an immediate hazard to the public health and safety.
C. Hearing shall be open to the public and shall take place once per month at a set time and date, unless the administrator or designee thereof determines it necessary to schedule hearings more or less frequently. Written notice of the time and place for the hearing shall be served by registered mail upon the applicant at the return address indicated on the written appeal or sworn statement, and upon the owner of the land and/or vehicle, if different from the appellant, unless the vehicle is in such condition that identification numbers are not available to determine ownership. Service of the hearing notice must be made at least 10 calendar days prior to the date of the public hearing.
D. Unless as otherwise expressly provided in this chapter, hearings before hearing officers shall be conducted by the same procedures set forth in CMC 1.26.090 through 1.26.110.
E. If a request for hearing is not received within 10 calendar days after mailing of the notice of intention to abate and remove, the city shall have the authority to abate and remove the vehicles or parts thereof as a public nuisance without holding a public hearing. (Ord. 10-1988 § 13, 2010; Ord. 04-1914 § 4, 2004; 1964 Code § 16A.9.)
8.16.110 Abatement – Hearing – Action.
All hearings under this chapter shall be held publicly before an impartial hearing officer, who shall hear all facts and testimony deemed relevant. The facts and testimony may include 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 to the technical rules of evidence, but the hearing officer shall follow the hearing procedure regulations set forth CMC 1.26.100 and 1.26.110 (Community Improvement and Administrative Citations) unless the terms of this chapter direct otherwise. The owner of the land may appear in person at the public hearing or, in lieu thereof, not appear at the public hearing but present a sworn written statement in time for consideration at the public hearing and deny responsibility for the presence of the vehicle on the land, with his or her reasons for such denial.
The hearing officer may impose such conditions and take such other action as he or she deems appropriate under the circumstances to carry out the purpose of the provisions of this chapter. The hearing officer may delay the time for removal of the vehicle or parts thereof if, in his or her opinion, the circumstances justify it. At the conclusion of the public hearing, the hearing officer shall make findings based on the record of the hearing and shall make a written decision based on the findings. 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. The city shall preserve all exhibits submitted by the parties and shall serve the decision by first-class mail on the appellant, and the owner of the land and the owner of the vehicle, if different from the appellant, within 10 calendar days after the hearing.
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 or she has not subsequently acquiesced in 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. (Ord. 04-1914 § 5, 2004; 1964 Code § 16A.10.)
8.16.120 Abatement – Decision appeal.
The decision of the hearing officer ordering abatement or removal of a vehicle (or parts thereof) is final and conclusive, subject only to review by the superior court in accordance with the state law for administrative citations (Government Code Section 53069.4), pursuant to an appeal to superior court filed by the appellant within 20 days of the date that the abatement/removal order is mailed to the appellant. There are no appeals to the planning commission or the city council. (Ord. 04-1914 § 6, 2004; 1964 Code § 16A.11.)
8.16.130 Removal of vehicle.
Five calendar days after the service of the order declaring the vehicle or parts thereof to be a public nuisance and ordering their abatement or removal, 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. (Ord. 04-1914 § 7, 2004; 1964 Code § 16A.12.)
8.16.140 Identification notice.
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. (1964 Code § 16A.13.)
8.16.150 Cost assessment.
If the administrative costs and the cost of removal which are charged against the owner of a parcel of land pursuant to CMC 8.16.110 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 the Government Code and shall be transmitted to the tax collector for collection. The assessment shall have the same priority as other city taxes. (1964 Code § 16A.14.)
8.16.160 Removal failure.
It is unlawful and a misdemeanor for any person to 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 applicable state law. (1964 Code § 16A.15.)
For statutory provisions regarding abandoned vehicles and local regulation thereof, see Vehicle Code § 22660; for provisions regarding abandoned vehicles generally, see Vehicle Code § 22650.