Chapter 6.80
ABATEMENT OF ABANDONED VEHICLES
Sections:
6.80.010 Declaration of policy.
6.80.030 Enforcement official designated.
6.80.050 Notice of intention to abate.
6.80.060 Public hearing upon request.
6.80.090 Finding—Landowner not liable.
6.80.100 Abatement of vehicle.
6.80.110 Appeal—Hearing required.
6.80.120 Notice of appeal hearing.
6.80.150 Notice to Department of Motor Vehicles.
6.80.160 Violations designated.
6.80.010 Declaration of policy.
The accumulation and storage of abandoned, wrecked, dismantled or inoperative vehicles or parts thereof on private property or public property including streets is found to create a condition tending to reduce the value of property, to promote blight and deterioration, to invite plundering, to create fire hazards, to constitute attractive nuisances creating hazards to the health, safety and welfare of minors, to create harborages for rodents and insects and to be injurious to the public health, safety and general welfare. Therefore, the presence of an abandoned, wrecked, dismantled or inoperative vehicle or part thereof on private property or public property, including streets, is declared to constitute a public nuisance which may be abated in accordance with the provisions of this chapter. (Ord. 9-93 § 1(I): Ord. 59-87 § 1)
6.80.020 Definitions.
The following definitions shall govern the construction of this chapter:
“Abandoned vehicle” means any vehicle which has been left on private property or public property, or highways, and in which the owner has no active interest and no intent to again claim a right or interest.
“Accumulation” means the gathering together of vehicles or parts of vehicles in quantities which are unreasonable in relation to uses permitted in the zoning district in which such vehicles or parts of vehicles are gathered together.
“Inoperative vehicle” means a vehicle in such condition that it either physically or legally cannot be driven upon a street without:
1. Installation of a missing part;
2. Replacement of a defective part; or
3. Registration and licensing.
“Storage” means the keeping of one or more vehicles or one or more parts of vehicles for a period of time which is unreasonable in relation to uses permitted in the zoning district in which such vehicles or parts of vehicles are kept.
“Wrecked vehicle” means a vehicle which has suffered physical damage to the extent that it either physically or legally cannot be driven upon a street. (Ord. 9-93 § 1 (II): Ord. 59-87 § 2)
6.80.030 Enforcement official designated.
This chapter shall be administered by the City Manager, except that the removal of vehicles or parts thereof from property may be by any other duly authorized person. The City Manager or other duly authorized person may enter upon public property, or with the consent of the property owner, upon private property to inspect a vehicle or part thereof, to obtain information as to the identity of a vehicle or part thereof and to remove or cause the removal of a vehicle or part thereof, declared to be a public nuisance by or pursuant to this chapter. Absent consent to enter the subject property for the purpose of inspection or nuisance abatement, the City Manager shall direct the City Attorney to obtain the necessary judicial authority for inspection and abatement purposes. (Ord. 9-91 § 7(a); Ord. 59-87 § 3)
6.80.040 Applicability.
A. This chapter shall not apply to:
1. 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
2. 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 licensed junkyard, or when such storage or parking is necessary to the operation of a lawfully conducted business or commercial enterprise.
B. Provided, however, that this exception shall not authorize the maintenance of a public or private nuisance as defined under provisions of law other than this chapter or Chapter 10 of Division 11 of the Vehicle Code of the state of California. (Ord. 59-87 § 4)
6.80.050 Notice of intention to abate.
A. A ten (10) day notice of intention to abate and remove a vehicle or part 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 owners of record unless the vehicle or part thereof is in such condition that identification numbers are not available to determine ownership. No such notice shall be required if the property owner and the owner of the vehicle or part thereof have signed releases authorizing removal and waiving further interest in the vehicle or part thereof. Such notice shall contain a statement of the hearing rights of the owner of the property on which the vehicle or part thereof is located and the owner of the vehicle and the information contained in Vehicle Code Section 22661(d). The statement shall include notice to the property owner of his option under Section 6.80.080. The notice 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 owners of record unless identification numbers are not available due to the condition of the vehicle.
B. Notice of intention to abate, as provided in subsection A of this section, is not required for removal of a vehicle or part thereof which is inoperable due to the absence of a motor, transmission, or wheels and incapable of being towed, is valued at less than two hundred dollars ($200) by a person specified in California Vehicle Code Section 22855, and is determined by the City Manager 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. The City Manager shall not dispose of any such vehicle under California Vehicle Code Section 22662 unless he shall have provided notice to the registered and legal owners of intent to dispose of the vehicle or part, and the vehicle or part is not claimed and removed within twelve (12) days after the notice is mailed. This subsection applies only to inoperable vehicles located upon a parcel that is (1) zoned for agricultural use; or (2) is not improved with a residential structure containing one or more dwelling units. (Ord. 59-87 § 5)
6.80.060 Public hearing upon request.
Upon request by the owner of the vehicle or part thereof or the owner of the land on which such vehicle or part thereof is located, delivered to the City Manager within ten (10) days after the mailing of notice of intention to abate and remove the vehicle or part thereof, a public hearing shall be held by the City Manager to determine whether the vehicle or part thereof shall be abated and removed as a public nuisance and whether the administrative costs and the costs of abatement and removal shall be assessed against the land. A sworn written statement of the owner of the land denying responsibility for the presence of the vehicle or part thereof on his land shall be construed as a request for hearing. (Ord. 59-87 § 6)
6.80.070 Notice of hearing.
The City Manager shall set a date for the public hearing and shall deliver notice thereof to the persons and in the manner specified in Section 6.80.050 not less than ten (10) days prior to such date. (Ord. 59-87 § 7)
6.80.080 Hearing procedure.
The hearing shall be held before the City Manager who shall hear all facts and testimony he deems pertinent. Such facts and testimony may include testimony on the condition of the vehicle or part thereof and the circumstances concerning its location on private property or public property. The City Manager shall not be limited by the technical rules of evidence. The owner of the land on which the vehicle or part thereof is located may appear in person at the hearing or present a sworn written statement denying responsibility for the presence of the vehicle or part thereof on the land, with his reasons for such denial. (Ord. 59-87 § 8)
6.80.090 Finding—Landowner not liable.
If it is determined at the hearing that the vehicle or part thereof was placed on the land without the consent of the landowner and that he has not subsequently acquiesced in its presence, the City Manager shall not assess costs of administration or abatement and removal against the land or otherwise attempt to collect such costs from such owner. (Ord. 59-87 § 9)
6.80.100 Abatement of vehicle.
If releases have been signed pursuant to Section 6.80.050, or if a request pursuant to Section 6.80.060 is not received, or if the City Manager, after hearing, determines that the vehicle or part thereof constitutes a public nuisance, the City Manager or other duly authorized person shall abate and remove the vehicle or part thereof from the land in accordance with the provisions of California Vehicle Code Sections 22660 et seq., except as otherwise provided in Sections 6.80.110, 6.80.120 and 6.80.130. Absent consent to enter the subject property for the purpose of nuisance abatement, the City Manager shall direct the City Attorney to obtain the necessary judicial authority for entry and abatement purposes. After a vehicle has been abated and removed, it shall not 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 Vehicle Code of the state of California, in which case the vehicle may be reconstructed or made operable. (Ord. 9-91 § 7(b))
6.80.110 Appeal—Hearing required.
The owner of the land upon which the vehicle or part thereof is located or the owner of the vehicle or part thereof may appeal the determination after hearing of the City Manager to the City Council by filing written notice thereof with the City Clerk within five (5) days after having received notice of such determination from the City Manager. If such notice is filed, the City Council shall hold a public hearing thereon. (Ord. 59-87 § 11)
6.80.120 Notice of appeal hearing.
The City Clerk shall set a date for the public hearing on appeal and shall deliver notice thereof to the persons and in the manner specified in Section 6.80.050 not less than five (5) days prior to such date. (Ord. 59-87 § 12)
6.80.130 Hearing de novo.
The City Council shall hold a public hearing de novo on the appeal. The City Council shall succeed to and may exercise all powers otherwise vested in the City Manager by this chapter. The determination of the City Council shall be final. (Ord. 59-87 § 13)
6.80.140 Assessment of costs.
Except as provided in Section 6.80.090, the costs of administration and removal may be assessed against the land from which the vehicle or part thereof was abated and removed, to be collected at the same time and in the same manner as ordinary city taxes are collected, and shall be subject to the same penalties and the same procedure and sale in case of delinquency as provided for ordinary city taxes. All laws applicable to the levy, collection and enforcement of city taxes shall be applicable to such assessment. (Ord. 59-87 § 14)
6.80.150 Notice to Department of Motor Vehicles.
Within five (5) days after abatement and removal, notice shall be given to the Department of Motor Vehicles identifying the vehicle or part thereof. Any evidence of registration available, including, but not limited to, the registration card, certificates of ownership, and license plates, shall be transmitted together with such notice. Also, pursuant to Section 22853 of the Vehicle Code, the Department of Justice must be advised of the abatement of a vehicle. (Ord. 9-93 § 1 (III): Ord. 59-87 § 15)
6.80.160 Violations designated.
A. Any person who causes or permits the storage of an abandoned, wrecked, dismantled, or inoperative vehicle or part thereof on private or public property, not including streets, is guilty of a misdemeanor.
B. Any person who fails or refuses to abate and remove an abandoned, wrecked, dismantled, or inoperative vehicle or part thereof from private property or public property, not including streets, after having received notice pursuant to Section 6.80.050, is guilty of a misdemeanor.
C. Any person who prevents or refuses to permit the entrance of the City Manager or other duly authorized person upon private property or public property, not including streets, to examine a vehicle or part thereof, to obtain information as to the identity of a vehicle or part thereof, or to remove or cause the removal of a vehicle or part thereof declared to be a public nuisance by or pursuant to this chapter is guilty of a misdemeanor. (Ord. 59-87 § 16)