Chapter 10.56
ABANDONED AND JUNKED VEHICLES
Sections:
10.56.010 Nuisance declaration.
10.56.020 Highway defined.
10.56.030 Vehicle defined.
10.56.040 Exemptions and applicability.
10.56.050 Removal—Notice.
10.56.060 Removal—Hearing.
10.56.070 Removal—Action—Title transfer.
10.56.080 Removal—Notice to Department of Motor Vehicles.
10.56.090 Removal—Costs assessment.
10.56.100 Enforcement.
10.56.010 Nuisance declaration.
In addition to and in accordance with the determination made and the authority granted by the state under Section 22660 of the California Vehicle Code to remove abandoned, wrecked, dismantled or inoperative vehicles or parts thereof as public nuisances, the city council 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 is found to create a condition tending to reduce the value of private property, to promote blight and deterioration, to invite plundering, 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 part thereof on private or public property, except as expressly hereinafter permitted, is a public nuisance which may be abated as such in accordance with the provisions of this chapter. (Ord. 79 § 1 (part), 1973: prior code § 9-1700 (part))
10.56.020 Highway defined.
“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, and the term “public property” does not include highway. (Ord. 79 § 1 (part), 1973: prior code § 9-1700 (part))
10.56.030 Vehicle defined.
For the purposes of this chapter, “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. 79 § 1 (part), 1973: prior code § 9-1700 (part))
10.56.040 Exemptions and 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, a junk dealer, or when such storage or parking is necessary to the operation of a lawfully-conducted business or commercial enterprise.
B. 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 California Vehicle Code and this chapter.
C. This chapter is not the exclusive regulation of abandoned, wrecked, dismantled or inoperative vehicles within the city. It shall supplement and be 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. (Ord. 79 § 1 (part), 1973: prior code § 9-1701)
10.56.050 Removal—Notice.
A ten-day notice of intention to abate and remove the vehicle or part thereof as a public nuisance shall be mailed as provided in this section. Such notice shall contain a statement of the hearing rights of the owner of the property on which the vehicle is located and the owner of the vehicle. The statement shall include notice to the property owner that he may appear in person at a hearing or may present a sworn written statement denying responsibility for the presence of the vehicle on the land, with his reasons for such denial, in lieu of appearing. The notice of intention to abate shall be mailed by registered mail to the owner of the land as shown on the last equalized 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. (Ord. 79 § 1 (part), 1973: prior code § 9-1703)
10.56.060 Removal—Hearing.
A public hearing under this chapter shall be held before the city council upon request for such hearing by the owner of the vehicle or the owner of the land on which such vehicle was located. This request shall be made to the city council within ten days after mailing the notice of intention to abate and remove the vehicle. If the owner of the land on which the vehicle is located submits a sworn written statement denying responsibility for the presence of the vehicle on his land within such time period, this statement shall be construed as a request for hearing which does not require the presence of the owner submitting the request. If such request is not received within such period, the city traffic engineer shall have the authority to remove the vehicle.
At a hearing, the city council shall not be limited by the technical rules of evidence. The city council may impose such conditions and take such other action as it deems appropriate under the circumstances to carry out the purpose of this chapter. It may delay the time for removal of the vehicle or part thereof if, in its opinion, the circumstances justify it. At the conclusion of the public hearing, the city council may find that a vehicle or part 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 parcel of land on which the vehicle or part thereof is located. The order requiring removal shall include a description of the vehicle or part 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 landowner and that he has not subsequently acquiesced in its presence, the city council shall not assess 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 landowner.
If an interested party makes a written presentation to the city council but does not appear, he shall be notified in writing of the decision. (Ord. 79 § 1 (part), 1973: prior code § 9-1704)
10.56.070 Removal—Action—Title transfer.
A. Fifteen days after either (1) the mailing of the notice of intention, or (2) the adoption of the order declaring the vehicle or part thereof to be a public nuisance, or (3) the date of mailing of notice of the decision if such notice is required by Section 10.56.060, or (4) the action by the city council authorizing removal, whichever is applicable, the vehicles or parts thereof may be disposed of by removal to a scrapyard or automobile dismantler’s yard.
B. Thereafter the licensed dismantler or owner of the commercial enterprise who receives possession of the vehicle from the city shall be deemed to be the sole owner of the vehicle by reason of involuntary transfer made pursuant to law. After a vehicle has been removed, it shall not thereafter be reconstructed or made operable. Under the provisions of California Vehicle Code Section 22660, licensed dismantlers or commercial enterprises acquiring vehicles removed pursuant to this chapter have been excused by the state from the reporting requirements of Section 11520 of the California Vehicle Code and all fees and penalties which would otherwise be due the California Motor Vehicle Department have been waived by the state, provided that a copy of the resolution or order authorizing disposition of the vehicle is retained in the dismantlers’ or commercial enterprises’ business records. (Ord. 79 § 1 (part), 1973: prior code § 9-1705)
10.56.080 Removal—Notice to Department of Motor Vehicles.
Immediately after removal of the vehicle, the public agency which removed or caused the removal of the vehicle shall notify the stolen vehicle system of the Department of Justice in Sacramento of the removal. Within five days after the date of removal of the vehicle or part thereof, there shall also be transmitted to the California Department of Motor Vehicles any evidence of registration available, including registration certificates, certificates of title and license plates. (Ord. 397 § 1, 1993: Ord. 79 § 1 (part), 1973: prior code § 9-1706)
10.56.090 Removal—Costs assessment.
If the administrative costs and the cost of removal which are charged against the owner of a parcel of land pursuant to Section 10.56.060 are not paid within thirty 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 California Government Code and shall be transmitted to the tax collector for collection. Such assessment shall have the same priority as the other real property taxes. (Ord. 79 § 1 (part), 1973: prior code § 9-1707)
10.56.100 Enforcement.
Except as otherwise provided in this chapter, the provisions of this chapter shall be administered and enforced by the city traffic engineer. In the enforcement of this chapter, the city traffic engineer 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 part thereof declared to be a nuisance pursuant to this chapter. When the city council has contracted with or granted a franchise to any person or persons for removal of vehicles, such person or persons shall be authorized to enter upon private property or public property to remove or cause the removal of vehicles or parts thereof declared to be a nuisance pursuant to this chapter.
The city council may from time to time determine and fix by resolution an amount to be assessed as administrative costs, excluding the actual cost of removal of any vehicle or part thereof under this chapter. No administrative costs shall be assessed as provided in this chapter unless the city council adopts the resolution specified in this section. (Ord. 79 § 1 (part), 1973: prior code § 9-1702)
10.56.100