CHAPTER 1.
ABANDONED VEHICLES
Sections:
5-1.01 Findings and Determinations
5-1.05 Administration and Enforcement
5-1.06 Right of Entry of Certain Persons
5-1.08 Abatement and Removal: Hearings: Notices
5-1.09 Abatement and Removal: Hearings: Determinations
5-1.10 Abatement and Removal: Hearings: Determinations: Appeals
5-1.14 Violations: Abandonment
5-1.15 Violations: Failure to Remove or Abate
5-1.01 Findings and Determinations.
In addition to and in accordance with the determination made and the authority granted by the State pursuant to the provisions of Section 22660 of the Vehicle Code of the State to remove abandoned, wrecked, dismantled, or inoperative vehicles, or parts thereof, as public nuisances, the Council hereby 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, including highways, is hereby 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, including highways, except as expressly permitted by the provisions of this chapter, is hereby declared to constitute a public nuisance which may be abated as such in accordance with the provisions of this chapter.
(Sec. 13.100, E.T.C., as added by Ord. 67-013; as amended by Ord. 94-006, eff. June 2, 1994)
5-1.02 Definitions.
For the purposes of this chapter, unless otherwise apparent from the context, certain words and phrases used in this chapter are defined as follows:
(a) “Highway” shall mean a way or place of whatever nature, publicly maintained and open to the use of the public for the purposes of vehicular travel. “Highway” shall include street.
(b) “Public property” shall not include “highway.”
(c) “Vehicle” shall mean 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.
(Sec. 13.100, E.T.C., as added by Ord. 67-013)
5-1.03 Exceptions.
The provisions of this chapter shall not apply to:
(a) A vehicle, or parts thereof, which is completely enclosed within a building in a lawful manner where the vehicle is not visible from the street or other public or private property; or
(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 junk dealer, or when such storage or parking is necessary to the operation of a lawfully conducted business or commercial enterprise.
The provisions of this section shall not 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 of the State and this chapter.
(Sec. 13.101, E.T.C., as added by Ord. 67-013)
5-1.04 Effect of Other Laws.
The provisions of this chapter shall not be the exclusive regulation of abandoned, wrecked, dismantled, or inoperative vehicles within the City. The provisions of this chapter shall supplement and be in addition to the other regulatory Codes, statutes, and laws enacted by the City, the State, or any other legal entity or agency having jurisdiction.
(Sec. 13.102, E.T.C., as added by Ord. 67-013)
5-1.05 Administration and Enforcement.
Except as otherwise provided in this chapter, the provisions of this chapter shall be administered and enforced by the Chief of Police or one (1) or more of his duly authorized deputies. In the enforcement of the provisions of this chapter, the Chief of Police and his deputies may enter upon private or public property to examine a vehicle, or parts thereof, or to 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 the provisions of this chapter.
(Sec. 13.103, E.T.C., as added by Ord. 67-013)
5-1.06 Right of Entry of Certain Persons.
When the Council has contracted with, or granted a franchise to, any person, such person shall be authorized to enter upon private or public property to remove, or cause the removal of, a vehicle, or parts thereof, declared to be a nuisance pursuant to the provisions of this chapter.
(Sec. 13.104, E.T.C., as added by Ord. 67-013)
5-1.07 Administrative Costs.
The Council, from time to time, shall determine and fix an amount to be assessed as administrative costs, excluding the actual costs of the removal of any vehicle, or parts thereof, for the purposes of administering the provisions of this chapter.
(Sec. 13.105, E.T.C., as added by Ord. 67-013)
5-1.08 Abatement and Removal: Hearings: Notices.
A public hearing shall be held on the question of the abatement and removal of a vehicle, or parts thereof, as an abandoned, wrecked, dismantled, or inoperative vehicle and the assessment of the administrative costs and the costs of the removal of the vehicle, or parts thereof, against the property on which the vehicle, or parts thereof, is located. Notice of such hearing shall be mailed at least ten (10) days before the hearing by certified mail, with a five (5) day return requested, to the owner of the land as shown on the last equalized County assessment roll and to the last registered and legal owner of record, unless the vehicle is in such condition that identification numbers are not available to determine ownership. If any of such notices are returned undelivered by the United States Post Office, the hearing shall be continued to a date not less than ten (10) days after the date of such return.
Notice of such hearing shall also be given to the Highway Patrol of the State identifying the vehicle, or parts thereof, proposed for removal. Such notice shall be mailed at least ten (10) days prior to the public hearing.
(Secs. 13.106 and 13.107, E.T.C., as added by Ord. 67-013)
5-1.09 Abatement and Removal: Hearings: Determinations.
All hearings held pursuant to the provisions of this chapter, except as otherwise set forth in Section 5-1.10 of this chapter, shall be held before the Chief of Police who shall hear all facts and testimony he deems pertinent. Such facts and testimony may include testimony on the condition of the vehicle, or parts thereof, and the circumstances concerning its location on private or public property. The Chief of Police 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 present a written statement in time for consideration at the hearing, and deny responsibility for the presence of the vehicle on the land, with his reasons for such denial.
The Chief of Police may impose such conditions and take such other action as he deems appropriate under the circumstances to carry out the purposes of this chapter. He may delay the time for the removal of the vehicle, or parts thereof, if, in his opinion, the circumstances so justify. At the conclusion of the public hearing, the Chief of Police may find that a vehicle, or parts thereof, has been abandoned, wrecked, dismantled, or is inoperative on private or public property, 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 costs of removal to 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.
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 has not subsequently consented to the presence of the vehicle on his land, the Chief of Police 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.
If an interested party makes a written presentation to the Chief of Police but does not appear, such interested person shall be notified in writing of the decision.
(Sec. 13.108, E.T.C., as added by Ord. 67-013)
5-1.10 Abatement and Removal: Hearings: Determinations: Appeals
Any interested party may appeal the decision of the Chief of Police by filing a written notice of appearance with the Chief of Police within five (5) days after his decision.
The City Clerk shall give written notice of the time and place of the hearing to the appellant and those persons set forth in Section 5-1.08 of this chapter.
Such appeal shall be heard by the Council, which may affirm, amend, or reverse the order or take other action deemed appropriate. In conducting the hearing the Council shall not be limited by the technical rules of evidence.
(Sec. 13.109, E.T.C., as added by Ord. 67-013)
5-1.11 Removal.
Five (5) days after the adoption of the order declaring the vehicle, or parts thereof, to be a public nuisance, or five (5) days after the date of the mailing of the notice of the decision, if such notice is required by the provisions of Section 5-1.09 of this chapter, or fifteen (15) days after such action of the Council authorizing removal following an appeal, the vehicles, 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.
(Sec. 13.110, E.T.C., as added by Ord. 67-013)
5-1.12 Removal: Notices.
Within five (5) days after the date of the removal of the vehicle, or parts thereof, notice shall be given to the Department of Motor Vehicles of the State identifying the vehicle, or parts thereof, removed. At the same time there shall be transmitted to the Department of Motor Vehicles of the State any evidence of registration available, including registration certificates, certificates of title, and license plates.
(Sec. 13.111, E.T.C., as added by Ord. 67-013)
5-1.13 Assessment of Costs.
If the administrative costs and the costs of removal which are charged against the owner of a parcel of land pursuant to the provisions of Section 5-1.09 of this chapter are not paid within thirty (30) days after 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 provisions of Section 38773.5 of the Government Code of the State and shall be transmitted to the Tax Collector for collection. Such assessment shall have the same priority as other City taxes.
(Sec. 13.112, E.T.C., as added by Ord. 67-013)
5-1.14 Violations: Abandonment.
It shall be a violation of this Code for any person to 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 abandoned, wrecked, dismantled, or inoperative condition upon any private or public property, not including highways, within the City for a period in excess of ten (10) days, unless such vehicle, or parts thereof, is completely enclosed within a building in a lawful manner where such vehicle, or parts thereof, is not plainly visible from the street or other private or public 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 junkyard.
(Sec. 13.113, E.T.C., as added by Ord. 67-013; Sec. 2, Ord. 23-003, eff. Nov. 16, 2023)
5-1.15 Violations: Failure to Remove or Abate.
It shall be a violation of this Code for any person to fail or refuse to remove an abandoned, wrecked, dismantled or inoperative vehicle, or parts thereof, or to refuse to abate such nuisance when ordered to do so in accordance with the abatement provisions of this chapter or State laws where such State laws are applicable.
(Sec. 13.114, E.T.C., as added by Ord. 67-013; Sec. 2, Ord. 23-003, eff. Nov. 16, 2023)