Chapter 6.18
ABANDONED VEHICLES
Sections:
6.18.150 Application of chapter.
6.18.160 Application of chapter – Exceptions.
6.18.170 City’s remedies nonexclusive.
6.18.180 Enforcement responsibility.
6.18.190 Public nuisance – Director’s determination.
6.18.200 Notice of intention to abate and remove vehicle.
6.18.210 Notice of intention to abate and remove vehicle – Required contents.
6.18.220 Notice of intention to abate and remove vehicle – Exceptions.
6.18.290 Vehicle disposition – By Director.
6.18.300 Vehicle disposition – Notice to DMV.
6.18.310 Vehicle disposition – Low-valued vehicle.
6.18.320 Assessment of cost against real property.
6.18.330 Assessment of cost against real property – Recordation of abatement lien.
6.18.340 Assessment of cost against real property – Release of abatement lien.
6.18.350 Recovery of costs – Abandoned vehicles.
6.18.360 Enforcement of parking regulations.
6.18.010 Purposes.
This chapter is enacted under the authority of Sections 22660 and 22710 of the Vehicle Code, for the purpose of establishing procedures for the abatement and removal, as public nuisances, of abandoned, wrecked, dismantled or inoperative vehicles, or parts thereof, from private or public property in the City, including highways, and for the recovery of the cost of such removal and administration of this chapter.
The existence, accumulation and storage of abandoned, wrecked, dismantled, or inoperative vehicles, or parts thereof, creates conditions likely to reduce the value of real property in the vicinity, promote blight and deterioration, and invite plundering, create fire hazards and harborage for rodents and insects, and is injurious to the public peace, health, safety, and general welfare. The presence of abandoned, wrecked, dismantled, or inoperative vehicles, or parts thereof, within the City constitutes a public nuisance, which the City of Elk Grove is empowered to abate and remove in accordance with the provisions of this chapter. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 2000-14A §1, eff. 10-25-2000; Ord. 2000-1 §1, eff. 7-1-2000]
6.18.020 Definitions.
The meanings ascribed to the terms set forth in this section shall govern the interpretation of this chapter:
“Abandoned” shall mean the status of a vehicle or part thereof when the vehicle owner has ceased to assert or exercise any interest, right or title therein without intent to resume or reassert such interest, right or title.
“Director” shall mean the City Manager and any subordinate City officer or employee to whom he or she delegates any duty imposed upon or authority vested in the Director under this chapter.
“Dismantled” shall mean the condition of a vehicle which has been taken apart, or to pieces, and/or stripped, or otherwise deprived of any of its integral parts or equipment.
“Hearing Officer” shall mean a person to whom the City Manager has assigned hearing responsibilities in accordance with this chapter.
“Highway” shall mean 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.
“Inoperative” shall mean the condition of a vehicle which is physically incapable of working, functioning, or otherwise operating to produce its designed effect.
“Motor vehicle” shall mean a vehicle which is self-propelled.
“Property owner” shall mean the owner of the land where a vehicle or part thereof subject to regulation pursuant to this chapter is situated, as shown on the last equalized assessment roll of the City.
“Street” shall mean a way or place of whatever nature, publicly maintained and open to the use of the public for purposes of vehicular travel. “Street” includes highway.
“Vehicle” shall mean a device by which any person or property may be propelled, moved, or drawn upon a highway, excepting a device moved exclusively by human power or used exclusively upon stationary rails or tracks. “Vehicle” includes any motor vehicle.
“Vehicle owner” shall mean both the last registered owner, within the meaning of Section 505 of the Vehicle Code, and the last legal owner, within the meaning Section 370 of the Vehicle Code, a vehicle or part thereof subject to regulation pursuant to this chapter, as shown in the records of the Department of Motor Vehicles.
“Wrecked” shall mean the condition of a vehicle which consists of disordered or broken remains, or which has been brought to a physically impaired or unsound condition or other ruinous state by reason of collision, crash or other forceful impact. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 2000-14A §1, eff. 10-25-2000; Ord. 2000-1 §1, eff. 7-1-2000]
6.18.120 Unlawful to abandon.
It shall be unlawful for any person owning a vehicle or vehicle part to allow the vehicle or part to be abandoned, wrecked, inoperative or dismantled on any property, public or private, in the City of Elk Grove, except as authorized by the Elk Grove Municipal Code. [Ord. 7-2010 §1, eff. 5-14-2010]
6.18.150 Application of chapter.
Except as otherwise expressly provided by EGMC Sections 6.18.160 and 6.18.360 and the procedures adopted pursuant to the latter section, this chapter shall apply to abandoned, wrecked, dismantled, or inoperative vehicles, or any part thereof, situated upon any private or public property, including highways, within the City of Elk Grove. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 2000-14A §1, eff. 10-25-2000; Ord. 2000-1 §1, eff. 7-1-2000]
6.18.160 Application of chapter – Exceptions.
This chapter shall not apply to any vehicle or part thereof which is either:
A. Completely enclosed within a building in a lawful manner where it is not visible from the street or other public or private property;
B. 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; or
C. Stored upon private property in the manner authorized by the Zoning Code.
The exceptions provided by this section shall not be construed to authorize the maintenance of a public or private nuisance, as such nuisance may be defined under any provisions of law other than Chapter 10 (commencing with Section 22650) of Division 11 of the Vehicle Code. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 2000-14A §1, eff. 10-25-2000; Ord. 2000-1 §1, eff. 7-1-2000]
6.18.170 City’s remedies nonexclusive.
This chapter shall not be construed as excluding any other lawful remedies available to the City of Elk Grove for regulation, abatement, and/or removal of abandoned, wrecked, dismantled, or inoperative vehicles situated within the City. The procedures provided by this chapter shall be in addition to any other applicable regulations, statutes, or ordinances heretofore or hereinafter enacted by the State of California, this City, or any other entity having jurisdiction in the matter. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 2000-14A §1, eff. 10-25-2000; Ord. 2000-1 §1, eff. 7-1-2000]
6.18.180 Enforcement responsibility.
The Director is charged with the responsibility of administering this chapter and exercising the authority conferred thereby. The Director may enter upon private property for purposes of administering and enforcing this chapter, to examine a vehicle or part thereof, to obtain information as to the identity of the vehicle, and to remove or cause to be removed a vehicle or part thereof declared to be a nuisance pursuant to this chapter. Any other person, firm or corporation authorized by the City to remove vehicles from property for purposes of enforcement of this chapter may enter upon private property to perform such removal, upon request by the Director. In the event that entry to private property is denied, the Director shall obtain any warrant necessary, except in the case of emergency in which case no warrant is required. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 2000-14A §1, eff. 10-25-2000; Ord. 2000-1 §1, eff. 7-1-2000]
6.18.190 Public nuisance – Director’s determination.
If the Director finds that reasonable grounds exist to believe that a vehicle or part thereof is abandoned, wrecked, dismantled or inoperative at any location to which this chapter applies pursuant to EGMC Section 6.18.150, the Director shall declare such vehicle or part to be a public nuisance and thereupon proceed to abate such nuisance in the manner prescribed by this chapter. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 2000-14A §1, eff. 10-25-2000; Ord. 2000-1 §1, eff. 7-1-2000]
6.18.200 Notice of intention to abate and remove vehicle.
Except as otherwise provided by EGMC Section 6.18.220, the Director shall issue, not less than ten (10) days in advance, written notice of intention to abate and remove any vehicle or part thereof which the Director has determined to be a public nuisance pursuant to EGMC Section 6.18.190. The Director shall mail such notice by first class certified mail, return receipt requested, to the property owner and to the vehicle owner, unless the vehicle is in such condition that identification numbers are not available to determine vehicle ownership. The Director shall post a copy of the notice upon or at the site of such vehicle or part. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 2000-14A §1, eff. 10-25-2000; Ord. 2000-1 §1, eff. 7-1-2000]
6.18.210 Notice of intention to abate and remove vehicle – Required contents.
The notice required by EGMC Section 6.18.200 shall contain a statement of the hearing rights of the property owner and of the vehicle owner, in accordance with EGMC Section 6.18.230. Such statement shall include notice to the property owner that he or she may either appear in person at a hearing or submit a sworn written statement denying responsibility for the presence of the vehicle or part thereof on his or her land, with the reasons for such denial, in lieu of appearing.
The notice shall specify the address of the real property where such vehicle or part is situated, a description identifying such vehicle or part, and the condition thereof found by the Director to constitute a public nuisance, the section(s) of this chapter found by the Director to have been violated, and state that either voluntary abatement thereof or request for a hearing must be made by the property owner or vehicle owner, in the manner prescribed by EGMC Section 6.18.230, within ten (10) days from the date of such notice, and that the failure to so request such a hearing shall constitute waiver of the right thereof. Such notice shall specify that if the abatement is made by the City costs may be assessed against the property owner in accordance with Section 25845 of the Government Code, or, in the case of an abandoned vehicle, against the last registered owner of record, in accordance with Section 22524 of the Vehicle Code. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 2000-14A §1, eff. 10-25-2000; Ord. 2000-1 §1, eff. 7-1-2000]
6.18.220 Notice of intention to abate and remove vehicle – Exceptions.
The Director shall not be required to issue notice pursuant to EGMC Section 6.18.200 if:
A. The property owner and vehicle owner have each signed releases authorizing removal and waiving further interest in the vehicle or part thereof; or
B. The vehicle or part is:
1. Inoperable due to the absence of a motor, transmission or wheels; and
2. Is incapable of being towed; and
3. Is valued at less than Two Hundred and no/100ths ($200.00) Dollars by a person specified in Section 22855 of the Vehicle Code; and
4. Is determined by the Director to be a public nuisance presenting an immediate threat to public health or safety; and
5. Is located on a parcel that is either zoned for agricultural use or not improved with a residential structure containing one (1) or more dwelling units; and
6. The property owner has signed a release authorizing removal and waiving further interest in the vehicle or part. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 2000-14A §1, eff. 10-25-2000; Ord. 2000-1 §1, eff. 7-1-2000]
6.18.230 Appeals.
Either within fifteen (15) days after the date of the notice of intention prescribed by EGMC Section 6.18.200 is mailed, or at the time of signing a release pursuant to EGMC Section 6.18.220(A) or (B)(6), the property owner and/or the vehicle owner may appeal the determination that a vehicle or part be abated. Such appeals shall be heard and determined as set forth in EGMC Chapter 1.11.
If the property owner submits a sworn written statement pursuant to EGMC Section 6.18.210 denying responsibility for the presence of the vehicle or part on his or her land within the fifteen (15) day period prescribed by this section, such statement shall be construed a request for hearing which does not require the presence of the property owner. If no request for hearing is received by the Director within the time prescribed by this section, the Director shall cause the vehicle or part to be removed and disposed of in the manner authorized by this chapter. [Ord. 28-2013 §3, eff. 2-7-2014; Ord. 7-2009 §3, eff. 5-1-2009; Ord. 2000-14A §1, eff. 10-25-2000; Ord. 2000-1 §1, eff. 7-1-2000]
6.18.280 Vehicle disposition.
After a vehicle has been removed pursuant to this chapter, such vehicle 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. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 2000-14A §1, eff. 10-25-2000; Ord. 2000-1 §1, eff. 7-1-2000]
6.18.290 Vehicle disposition – By Director.
The Director may dispose of a vehicle or part thereof under this chapter by removal thereof to a licensed scrapyard, automobile dismantler’s yard, or other site authorized by Section 22662 of the Vehicle Code. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 2000-14A §1, eff. 10-25-2000; Ord. 2000-1 §1, eff. 7-1-2000]
6.18.300 Vehicle disposition – Notice to DMV.
Within five (5) days following the date of removal of a vehicle or part thereof under this chapter, the Director shall give notice of such removal to the Department of Motor Vehicles, identifying the vehicle or part, together with any evidence of registration obtained by the Director, including, without limitation, the registration card, certificate of ownership, or license plate. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 2000-14A §1, eff. 10-25-2000; Ord. 2000-1 §1, eff. 7-1-2000]
6.18.310 Vehicle disposition – Low-valued vehicle.
Prior to final disposition of a vehicle described by EGMC Section 6.18.220(B) for which evidence of registration was recovered, the Director shall provide the vehicle owner with written notice of intent to dispose of the vehicle or part from a site authorized by Section 22662 of the Vehicle Code. Such notice shall state that if the vehicle or part is not claimed and removed within twelve (12) days following the date such notice is mailed, final disposition shall proceed. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 2000-14A §1, eff. 10-25-2000; Ord. 2000-1 §1, eff. 7-1-2000]
6.18.320 Assessment of cost against real property.
If the property owner fails to pay, upon demand, the cost of abatement incurred by the City in the enforcement and administration of this chapter, such costs may be especially assessed against the real property involved, pursuant to Sections 38773 through 38773.5 of the Government Code. Such assessment shall be collected at the same time and in the same manner as are City ad valorem property taxes.
Cost of enforcement and administration of this chapter shall include, but not be limited to, charges for each vehicle cited under this chapter, a towing fee for each vehicle towed pursuant to this chapter and a fee to cover the cost of staff time involved in any action, administrative proceeding, or special proceeding required by this chapter, inspection of vehicles and other property, publication, mailing and posting of notices, conducting hearings, processing appeals and pursuing any judicial action. Such charges shall be established from time to time by resolution of the City Council and shall not exceed the actual cost of the City of enforcement and administration of this chapter. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 2000-14A §1, eff. 10-25-2000; Ord. 2000-1 §1, eff. 7-1-2000]
6.18.330 Assessment of cost against real property – Recordation of abatement lien.
In the case of any special assessment made pursuant to EGMC Section 6.18.320, the Director shall cause a notice of abatement lien to be recorded in the Office of the Sacramento County Clerk-Recorder. Such notice shall identify the property owner, or possessor of the property, his or her last known address of record, the date upon which abatement was ordered, the date that the abatement was completed, a description of the real property subject to the lien, and the amount of the abatement costs. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 2000-14A §1, eff. 10-25-2000; Ord. 2000-1 §1, eff. 7-1-2000]
6.18.340 Assessment of cost against real property – Release of abatement lien.
The Director may release or subordinate an abatement lien imposed under this chapter in the same manner as provided by law for release or subordination of a judgment lien on real property. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 2000-14A §1, eff. 10-25-2000; Ord. 2000-1 §1, eff. 7-1-2000]
6.18.350 Recovery of costs – Abandoned vehicles.
Pursuant to Section 22524 of the Vehicle Code, the Director shall be authorized to seek recovery of costs incurred by the City for the removal and disposition of an abandoned vehicle from the last registered owner thereof. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 2000-14A §1, eff. 10-25-2000; Ord. 2000-1 §1, eff. 7-1-2000]
6.18.360 Enforcement of parking regulations.
Civilian employees of the City as directed by the City Manager, in addition to any other persons authorized by State law, are hereby authorized to enforce the provisions of EGMC Chapter 10.24 regarding parking regulations. The administrative procedures established by this chapter shall not apply to enforcement of such regulations. Instead, for the purposes of EGMC Section 10.24.150, the City shall establish procedures which conform to the requirements of Chapters 9 and 10 of Division 11 of the Vehicle Code of the State of California. [Ord. 7-2010 §2, eff. 5-14-2010; Ord. 7-2009 §3, eff. 5-1-2009; Ord. 2000-14A §1, eff. 10-25-2000; Ord. 2000-1 §1, eff. 7-1-2000]
6.18.370 Treble cost.
Pursuant to Section 38773.7 of the Government Code, upon entry of a second (2nd) or subsequent civil or criminal judgment within a two (2) year period finding that an owner is responsible for a condition that may be abated pursuant to Sections 38773 through 38773.5 of the Government Code, a court may order the owner to pay treble the cost of the abatement. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 2000-14A §1, eff. 10-25-2000; Ord. 2000-1 §1, eff. 7-1-2000]