Chapter 10.16
ABANDONED, WRECKED OR INOPERATIVE VEHICLES*
Sections:
10.16.010 Declared nuisance—Definitions.
10.16.040 Alternative means of enforcement.
10.16.060 Administrative costs assessment.
10.16.070 Abatement and removal authority.
10.16.120 Removal—Notice to Department of Motor Vehicles.
10.16.130 Disposition of abandoned vehicle.
10.16.140 Administrative costs assessment—Delinquent action.
10.16.160 Removal compliance required.
* See also Chapter 8.28, Nuisances.
10.16.010 Declared nuisance—Definitions.
In addition to and in accordance with the authority granted by the state under Section 22660 of the California Vehicle Code, the city council makes the following findings and declarations with respect to the removal of abandoned, wrecked, dismantled or inoperative vehicles or parts thereof as public nuisances:
A. 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 declared to constitute a public nuisance which may be abated as such in accordance with the provisions of this chapter.
B. As used in this chapter: “Appraiser” means a person designated as having the authority to make appraisals of the value of vehicles pursuant to California Vehicle Code Section 22855 and includes regularly salaried employees of the City designated by the Folsom city council to perform this function. The chief of police and the code enforcement officer are designated by the Folsom city council as appraisers pursuant to California Vehicle Code Section 22855.
“Chief of police” means the regularly salaried, full-time employee of the city, charged with administration of this chapter.
“Code enforcement officer” means the person designated to assist the chief of police in administration and enforcement of this chapter and shall have those responsibilities and rights as further set forth in this chapter, including but not limited to the removal of vehicles or parts thereof as allowed by this chapter.
“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.
“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.
“Owner of the vehicle” means the last registered owner and legal owner of record.
“Public property” does not include “highway.”
“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. (Ord. 824 § 2 (part), 1995)
10.16.020 Application.
This chapter shall not apply to:
A. 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
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, a junk dealer, or when such storage or parking is necessary to the operation of a lawfully conducted business or commercial enterprise.
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. (Ord. 824 § 2 (part), 1995)
10.16.030 Enforcement.
Except as otherwise provided in this chapter, the provisions of this chapter shall be enforced by the chief of police, who shall designate the code enforcement officer or his/her designee to administer all provisions of this chapter. No officer, employee or agent of the city shall be liable for damage caused to a vehicle or part thereof by removal pursuant to this chapter. (Ord. 824 § 2 (part), 1995)
10.16.040 Alternative means of enforcement.
This chapter is not the exclusive regulation of abandoned, wrecked, dismantled or inoperative vehicles within the city. It supplements and is 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. Nothing in this chapter shall be deemed to prevent the city council from authorizing the city attorney to commence any other available civil or criminal proceeding to abate a public nuisance under applicable provisions of state law as an alternative to proceedings set forth in this chapter. (Ord. 824 § 2 (part), 1995)
10.16.050 Right of entry.
The chief of police, the code enforcement officer, or, any person or persons with whom the city council has contracted to provide such services, shall be authorized to enter upon private property or public property as provided in Chapter 1.08 to enforce the provisions of this chapter. (Ord. 824 § 2 (part), 1995)
10.16.060 Administrative costs assessment.
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. (Ord. 824 § 2 (part), 1995)
10.16.070 Abatement and removal 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 code enforcement officer shall have the authority to serve abatement notices and the chief of police will cause the abatement and removal thereof in accordance with the procedures prescribed in this chapter. (Ord. 824 § 2 (part), 1995)
10.16.080 Abatement notice.
A. The following abatement notice is required prior to removal of any vehicle or parts thereof as provided in this chapter:
1. A 10-day notice of intention to abate and remove the vehicle (the “notice to abate”), or parts thereof, as a public nuisance shall be mailed by certified 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.
2. The notice to abate shall be in the form set forth in Exhibit A.
B. The notice to abate is not required in the following circumstances:
1. A vehicle or part thereof is inoperable due to the absence of a motor, transmission or wheels and each of the following conditions are found to exist by the code enforcement officer:
a. The vehicle or part thereof is incapable of being towed,
b. The vehicle or part thereof is valued at less than $200 by an appraiser as defined in this chapter,
c. The vehicle or part thereof is determined by the code enforcement officer to be a public nuisance presenting an immediate threat to public health or safety, and
d. The property owner has signed a release authorizing removal and waiving further interest in the vehicle or part thereof; or
2. The property owner and the owner of the vehicle have signed releases authorizing removal and waiving further interest in the vehicle or part thereof. (Ord. 824 § 2 (part), 1995)
10.16.090 Appeal—Hearing.
A. The owner of the vehicle and/or the owner of the land on which the vehicle is located shall have the right to request a hearing before the community services director if such request is submitted to the community services director in writing within 10 days after the mailing of the notices of intention to abate and remove, with respect to the question of abatement and removal of the vehicle, or parts thereof, as an 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.
B. If the owner of the land submits a sworn, written statement denying responsibility for the presence of the vehicle on his/her land within such 10-day period, said statement shall be construed as a request for a hearing which does not require his/her presence.
C. Notice of the hearing shall be mailed, by certified mail, at least 10 days before the hearing 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. If no request for hearing or sworn, written statement denying responsibility for the presence of the vehicle on his/her land is received within the 10 days after mailing of the notice of intention to abate and remove, the city shall have the authority to abate and remove the vehicle, or parts thereof, as a public nuisance without holding any hearings. (Ord. 824 § 2 (part), 1995)
10.16.100 Hearing—Procedure.
A. All hearings under this chapter shall be held before the community services director who shall hear all facts and testimony as he/she deems pertinent. The 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 community services director shall not be limited by the technical rules of evidence. The owner of the land may appear in person at the hearing or present a sworn, written statement in time for consideration at the hearing, and deny responsibility for the presence of the vehicle on the land, with his/her reasons for such denial.
B. The community services director may impose such conditions and take such other actions as he/she deems appropriate under the circumstances to carry out the purpose of this chapter. He/she may delay the time for removal of the vehicle or parts thereof if, in his/her opinion, the circumstances justify such delay. At the conclusion of the public hearing, the community services director 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. Any costs required to be paid for the removal and disposition of any vehicle determined to be abandoned shall not exceed those for towing and 7 days of storage. 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.
C. 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/she has not subsequently acquiesced in his/her presence, the community services director 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.
D. If the owner of the land submits a sworn, written statement denying responsibility for the presence of the vehicle on his/her land but does not appear, or if an interested party makes a written presentation to the community services director but does not appear, he/she shall be notified in writing of the decision. (Ord. 824 § 2 (part), 1995)
10.16.110 Removal—Authority.
Five days after determination by the community services director that a vehicle or parts thereof has been abandoned, wrecked, dismantled or is inoperative on private or public property and is a public nuisance, or 5 days from the date of mailing notice of such decision (when a notice is required by Section 10.16.100), the vehicle or parts thereof may be disposed of by removal to a scrapyard or automobile dismantler’s yard. After a vehicle has been removed it shall not thereafter be reconstructed or made operable unless, pursuant to California Vehicle Code Section 5004:
A. The vehicle qualifies for horseless carriage license plates or;
B. The vehicle qualifies for historical vehicle license plates.
In either such case, the vehicle may be reconstructed or made operable. (Ord. 824 § 2 (part), 1995)
10.16.120 Removal—Notice to Department of Motor Vehicles.
Prior to final disposition of such a vehicle, or parts thereof, the local agency holding the vehicle or parts thereof shall provide notice to the registered and legal owners of intent to dispose of the vehicle or parts thereof, and if the vehicle or part(s) are not claimed and removed from the location specified in the notice, where the vehicle or parts thereof are being held, within 12 days after the notice is mailed, final disposition may proceed. 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 and any evidence of registration available, including registration certificates, certificates of title or license plates. (Ord. 824 § 2 (part), 1995)
10.16.130 Disposition of abandoned vehicle.
Vehicles removed pursuant to this chapter shall be disposed of in accordance with the provisions set forth in California Vehicle Code Sections 22850 through 22856. (Ord. 824 § 2 (part), 1995)
10.16.140 Administrative costs assessment—Delinquent action.
If the administrative costs and the cost of removal which are charged against the owner of the parcel of land pursuant to Section 10.16.100 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 Section 38773.5 of the Government Code and shall be transmitted to the tax collector for collection. The assessment shall have the same priority as other city taxes. Any costs required to be paid for the removal and disposition of any vehicle determined to be abandoned shall not exceed those for towing and 7 days of storage. (Ord. 824 § 2 (part), 1995)
10.16.150 Unlawful.
It is unlawful and an infraction 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 10 days unless the vehicle or parts thereof is completely enclosed within a building in a lawful manner where it is not plainly visible from the street or other public or private 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. Any person convicted of a violation of this section shall be punished by a fine of not less than $100, in addition to any costs of removal and disposition of the vehicle that may be assessed pursuant to this chapter. (Ord. 824 § 2 (part), 1995)
10.16.160 Removal compliance required.
It is unlawful and an infraction 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 state law where such state law is applicable. Any person convicted of a violation of this section shall be punished by a fine of not less than $100, in addition to any costs of removal and disposition of the vehicle that may be assessed pursuant to this chapter. (Ord. 824 § 2 (part), 1995)
10.16.170 Removal—Authority.
It is unlawful for any person to cause or permit to be left standing any vehicle on any highway or roadway within the city for a period of 72 or more consecutive hours and if such vehicle appears to be wrecked, dismantled, abandoned or inoperative it may be removed pursuant to this section. The ordinance codified herein is pursuant to Section 22652(a) of the California Vehicle Code and does not apply to any vehicle left standing as to constitute a traffic hazard under Section 22651 (B) of said Vehicle Code. (Ord. 824 § 2 (part), 1995)
Exhibit A
NOTICE OF INTENTION TO ABATE AND
REMOVE AN ABANDONED, WRECKED,
DISMANTLED, OR INOPERATIVE VEHICLE OR PARTS THEREOF AS A PUBLIC NUISANCE
(Name and address of owner of the land)
As owner shown on the last equalized assessment roll of the land located at (address), you are hereby notified that the undersigned pursuant to Section 10.16.070 of the Folsom Municipal Code has determined that there exists upon said land an (or parts of an) abandoned, wrecked, dismantled or inoperative vehicle registered to ____________, license number ______, which constitutes a public nuisance pursuant to the provision of Section 10.16.010 of the Folsom Municipal Code.
You are hereby notified to abate said nuisance by the removal of said vehicle (or said parts of a vehicle) within 10 days from the date of mailing of this notice, and upon your failure to do so the same will be abated and removed by the City and the costs thereof, together with administrative costs, assessed to you as owner of the land on which said vehicle (or said parts of a vehicle) is located.
As owner of the land on which said vehicle (or said parts of a vehicle) is located, you are hereby notified that you may, within 10 days after the mailing of this notice of intention, request a public hearing and if such a request is not received by the Community Services Director within such 10 day period, the Chief of Police or his/her designee shall have the authority to abate and remove said vehicle (or said parts of a vehicle) as a public nuisance and assess the costs as aforesaid without a public hearing. You may submit a sworn, written statement within such 10 day period denying responsibility for the presence of said vehicle (or said parts of a vehicle) on said land, with your reasons for denial, and such statement shall be construed as a request for hearing at which your presence is not required. You may appear in person at any hearing requested by you or the owner of the vehicle or, in lieu thereof, may present a sworn written statement as aforesaid in time for consideration at such hearing.
Notice Mailed:
______________________________
______________________________
Code Enforcement Officer
NOTICE OF INTENTION TO ABATE AND
REMOVE AN ABANDONED WRECKED,
DISMANTLED OR INOPERATIVE VEHICLE OR PARTS THEREOF AS A PUBLIC NUISANCE
(Name and address of last registered and/or legal owner of record of vehicle—notice should be given to both if different)
As last registered (and/or legal) owner of record of (description of vehicle—make, model, license, etc.), you are hereby notified that the undersigned pursuant to Section 10.16,070 of the Folsom Municipal Code has determined that said vehicle (or parts of a vehicle) exists as an abandoned, wrecked, dismantled or inoperative vehicle at (described location on public or private property) and constitutes a public nuisance pursuant to the provisions of Section 10.16,010 of the Folsom Municipal Code.
You are hereby notified to abate said nuisance by the removal of said vehicle (or said parts of a vehicle) within 10 days from the date of mailing of this notice.
As registered (and/or legal) owner of record of said vehicle (or said parts of a vehicle), you are hereby notified that you may, within 10 days after the mailing of this notice of intention, request a public hearing and if such a request is not received by the Community Services Director within such 10 day period, the Chief of Police or his/her designee shall have the authority to abate and remove said vehicle (or said parts of a vehicle) without a hearing.
Notice Mailed:
______________________________
______________________________
Code Enforcement Officer