Chapter 8.06
WRECKED, DISMANTLED OR ABANDONED VEHICLES
Sections:
8.06.040 Application of chapter.
8.06.050 Application of chapter – Exceptions.
8.06.060 City’s remedies nonexclusive.
8.06.070 Enforcement responsibility.
8.06.080 Public nuisance – Chief of police or designated representative’s determination.
8.06.090 Notice of intention to abate and remove vehicle.
8.06.100 Notice of intention to abate and remove vehicle – Required contents.
8.06.110 Notice of intention to abate and remove vehicle – Exceptions.
8.06.140 Vehicle disposition – By chief of police or his/her designated representative.
8.06.150 Vehicle disposition – Notice to DMV.
8.06.160 Vehicle disposition – Low-valued vehicle.
8.06.170 Assessment of cost against real property.
8.06.180 Assessment of cost against real property – Recordation of abatement lien.
8.06.190 Assessment of cost against real property – Release of abatement lien.
8.06.200 Recovery of costs – Abandoned vehicles.
8.06.010 Purposes.
A. 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 of Etna, including highways, and for the recovery of the cost of such removal and administration of this chapter.
B. 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 Etna is empowered to abate and remove in accordance with the provisions of this chapter. (Ord. 214, 2014)
8.06.020 Definitions.
The meanings ascribed to the terms set forth in this section shall govern the interpretation of this chapter:
A. “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.
B. “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.
C. “Hearing officer” shall mean a person to whom the city clerk has assigned hearing responsibilities in accordance with this chapter.
D. “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.
E. “Inoperative” shall mean the condition of a vehicle which is physically incapable of working, functioning, or otherwise operating to produce its designed effect.
F. “Motor vehicle” shall mean a vehicle which is self-propelled.
G. “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.
H. “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.
I. “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.
J. “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 of 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.
K. “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. 214, 2014)
8.06.030 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 Etna, except as authorized by the Etna Municipal Code. (Ord. 214, 2014)
8.06.040 Application of chapter.
Except as otherwise expressly provided by EMC 8.06.050 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 Etna. (Ord. 214, 2014)
8.06.050 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.
D. 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. 214, 2014)
8.06.060 City’s remedies nonexclusive.
This chapter shall not be construed as excluding any other lawful remedies available to the city of Etna 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. 214, 2014)
8.06.070 Enforcement responsibility.
The chief of police, or designated representative, is charged with the responsibility of administering this chapter and exercising the authority conferred thereby. The chief of police, or designated representative, 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 chief of police or designated representative. In the event that entry to private property is denied, the chief of police, or designated representative, shall obtain any warrant necessary, except in the case of emergency in which case no warrant is required. (Ord. 214, 2014)
8.06.080 Public nuisance – Chief of police or designated representative’s determination.
If the chief of police, or designated representative, 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 EMC 8.06.040, the chief of police, or designated representative, 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. 214, 2014)
8.06.090 Notice of intention to abate and remove vehicle.
Except as otherwise provided by EMC 8.06.110, the chief of police, or designated representative, shall issue, not less than 10 days in advance, written notice of intention to abate and remove any vehicle or part thereof which the chief of police or designated representative has determined to be a public nuisance pursuant to EMC 8.06.080. The chief of police or designated representative 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 chief of police or designated representative shall post a copy of the notice upon or at the site of such vehicle or part. (Ord. 214, 2014)
8.06.100 Notice of intention to abate and remove vehicle – Required contents.
A. The notice required by EMC 8.06.090 of intention to abate and remove vehicle shall contain a statement of the hearing rights of the property owner and of the vehicle owner, in accordance with EMC 8.06.120. 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.
B. 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 chief of police, or designated representative, to constitute a public nuisance, the section(s) of this chapter found by the chief of police or designated representative 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 EMC 8.06.120, within 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. 214, 2014)
8.06.110 Notice of intention to abate and remove vehicle – Exceptions.
The chief of police, or designated representative, shall not be required to issue notice pursuant to EMC 8.06.090 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 $200.00 by a person specified in Section 22855 of the Vehicle Code; and
4. Is determined by the chief of police or designated representative 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 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. 214, 2014)
8.06.120 Appeals.
A. Either within 10 days after the date of the notice of intention prescribed by EMC 8.06.090 is mailed, or at the time of signing a release pursuant to EMC 8.06.110(A) or (B)(6), the property owner and/or the vehicle owner may appeal the determination that a vehicle or part be abated.
B. If the property owner submits a sworn written statement pursuant to EMC 8.06.100 denying responsibility for the presence of the vehicle or part on his or her land within the 10-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 chief of police or designated representative within the time prescribed by this section, the chief of police or designated representative shall cause the vehicle or part to be removed and disposed of in the manner authorized by this chapter. (Ord. 214, 2014)
8.06.130 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. 214, 2014)
8.06.140 Vehicle disposition – By chief of police or his/her designated representative.
The chief of police or designated representative 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. 214, 2014)
8.06.150 Vehicle disposition – Notice to DMV.
Within five days following the date of removal of a vehicle or part thereof under this chapter, the chief of police or designated representative 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 chief of police or designated representative, including, without limitation, the registration card, certificate of ownership, or license plate. (Ord. 214, 2014)
8.06.160 Vehicle disposition – Low-valued vehicle.
Prior to final disposition of a vehicle described by EMC 8.06.110(B) for which evidence of registration was recovered, the chief of police or designated representative 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 12 days following the date such notice is mailed, final disposition shall proceed. (Ord. 214, 2014)
8.06.170 Assessment of cost against real property.
A. 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.
B. 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 to the city of enforcement and administration of this chapter. (Ord. 214, 2014)
8.06.180 Assessment of cost against real property – Recordation of abatement lien.
In the case of any special assessment made pursuant to EMC 8.06.170, Assessment of cost against real property, the chief of police or designated representative 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. 214, 2014)
8.06.190 Assessment of cost against real property – Release of abatement lien.
The chief of police, or designated representative, 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. 214, 2014)
8.06.200 Recovery of costs – Abandoned vehicles.
Pursuant to Section 22524 of the Vehicle Code, the chief of police or designated representative 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. 214, 2014)