Chapter 8.05
NUISANCE CONDITIONS ON PRIVATE OR PUBLIC PROPERTY
Sections:
8.05.010 Definition of “nuisance.”
8.05.020 Duty of maintenance of private property.
8.05.040 Assessment of cost of abatement – Lien.
8.05.050 Enforcement of chapter.
8.05.010 Definition of “nuisance.”
For the purpose of this chapter, the term “nuisance” is defined to mean any condition or use of premises or building exteriors which tend to reduce substantially the value of private property, to promote blight and deterioration, to invite plundering, to constitute 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 in the neighborhood in which such premises are located. This includes the keeping or depositing on, or the scattering over the premises of abandoned, wrecked, dismantled or inoperative vehicles or parts thereof. (Ord. 574 § 1; Ord. 1055 § 1, 7-1-75. 1990 Code § 3-8400.)
8.05.020 Duty of maintenance of private property.
No person owning, leasing, occupying or having charge of any premises shall maintain or keep any nuisance thereon. (Ord. 574 § 1; Ord. 1055 § 1, 7-1-75. 1990 Code § 3-8401.)
8.05.030 Maintenance of abandoned, wrecked, dismantled or inoperative vehicles on private or public property prohibited.
(a) In addition to and in accordance with the determination made and the authority granted by the state of California under Cal. Veh. Code §§ 22600 through 22664 to remove abandoned, wrecked, dismantled or inoperative vehicles or parts thereof as public nuisances, the city council of the city of Fremont 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 part thereof, on private or public property, including highways, except as expressly hereinafter permitted, is hereby declared to constitute a public nuisance which may be abated as such in accordance with the provisions of this section.
As used in this section:
(1) The term “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.
(2) The term “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.
(3) The term “public property” includes “highway.”
(4) The term “owner of the vehicle” means the last registered owner and legal owner of record.
(5) The term “hearing officer” means the chief of police or his/her designee.
(b) This section 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 the 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 Cal. Veh. Code Division 11, Chapter 10 (commencing with Section 22650) and this section.
(c) This section 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.
(d) Except as otherwise provided herein, the provisions of this section shall be administered and enforced by the chief of police or his/her designee.
Whenever necessary, for the purpose of investigating or enforcing the provisions of this section, or whenever an enforcement officer has reason to believe that there exists a nuisance which constitutes a violation of this section, such officer and his/her deputies may enter upon private property to examine a vehicle or parts thereof, or obtain information as to the identity of a vehicle, and to cause the removal of a vehicle or parts thereof declared to be a nuisance pursuant to this section; provided, that entry, examination or removal may be accomplished without opening doors, gates, fences, windows or other structures. Entry, examination or removal may be conducted through doors, gates, fences or other structures when consent is requested and granted by the owner or person in apparent possession of the private property.
(e) When the city council has contracted with or granted a franchise to any person or persons, such person or persons shall be authorized to enter upon private property or public property to remove or cause the removal of a vehicle or parts thereof declared to be a nuisance pursuant to this section; provided, that removal may be accomplished without opening doors, gates, fences or other structures. Removal may be conducted through doors, gates, fences or other structures when consent is requested and granted by the owner or person in apparent possession of the private property.
(f) The city council shall by resolution from time to time determine and fix the amount to be assessed as administrative costs, including the cost of removal of any vehicle or part thereof, under this section.
(g) Upon discovering the existence of an abandoned, wrecked, dismantled or inoperative vehicle, or parts thereof, on private property within the city, the chief of police shall have the authority to cause the abatement and removal thereof in accordance with the procedure prescribed herein.
(h) A 10-day notice of intention to abate and remove the vehicle, or parts thereof, as a public nuisance shall be mailed by registered or certified 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; provided, however, that such notice of intention shall not be required to be mailed if the owner of the property and owner of the vehicle have signed releases authorizing removal and waiving further interest in the vehicle or part thereof. 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/she 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/her reasons for such denial, in lieu of appearing.
(i) Upon request by the owner of the vehicle or owner of the land received by the chief of police within 10 days after the mailing of the notices of intention to abate and remove, a public hearing shall be held by the hearing officer on 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.
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/her land within such 10-day period, this statement shall be construed as a request for a hearing which does not require the presence of the owner submitting such request. The owner may participate, but participation is not required. The city shall mail notice of the requested hearing, by certified mail, at least 10 days prior to 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 such a request for hearing is not received within those 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 a public hearing.
(j) All hearings under this section shall be held before the hearing officer who shall hear all facts and testimony he/she deems pertinent. Said facts and testimony may include testimony on the condition of the vehicle or parts thereof and the circumstances concerning its location on the said private property or public property. The hearing officer 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.
The hearing officer may impose such conditions and take such other action as he/she deems appropriate under the circumstances to carry out the purpose of this section. He/she may delay the time for removal of the vehicle or parts thereof if, in his/her opinion, the circumstances justify it. At the conclusion of the public hearing, the hearing officer 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 order the administrative costs and the cost of removal to be charged against the owner of the land. 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/she has not subsequently acquiesced in its presence, the hearing officer shall not assess the cost 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 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 hearing officer but does not appear, he/she shall be notified in writing of the decision.
(k) Any interested party may appeal the decision of the hearing officer to the city council pursuant to Chapter 1.25. The city clerk shall give written notice of the time and place of the hearing to the appellant and to those persons specified in subsection (h) of this section.
(l) Five days after adoption of the order declaring the vehicle or parts thereof to be a public nuisance, or five days from the date of mailing of notice of the decision if such notice is required by subsection (j) of this section, whichever is later, or 15 days after such action of the governing body authorizing removal following appeal, the vehicle or parts thereof may be disposed of by removal to a scrapyard or automobile dismantler’s yard, or other suitable place.
Prior to disposal or removal of a vehicle from private property under the authority of this chapter, the enforcement officer or authorized contractor shall request the written consent of the property owner to remove the vehicle from the subject property. If consent is denied or the property owner is not located after reasonable effort, the enforcement officer or authorized contractor may complete removal if removal is accomplished without opening doors, gates, fences or other structures.
When a vehicle has been removed, it shall not thereafter be reconstructed or made operable unless it is a vehicle which qualifies for either horseless carriage plates or historical vehicle license plates, pursuant to Cal. Veh. Code § 5004, in which case the vehicle may be reconstructed or made operable.
(m) Within five days after the date of removal of the vehicle or parts thereof, notice shall be given to the Department of Motor Vehicles and the Department of Justice identifying the vehicle or parts thereof removed. At the same time there shall be transmitted to the Department of Motor Vehicles and to the Department of Justice any evidence of registration available, including registration certificates, certificates of title and license plates. (Ord. 574 § 1; Ord. 779 § 2, 7-7-70; Ord. 845 § 2, 7-6-71; Ord. 932 § 1, 1-2-73; Ord. 1078 § 4, 12-9-75; Ord. 1087 § 1, 1-20-76; Ord. 1213 §§ 1 – 3, 12-13-77; Ord. 1272 §§ 1 – 4, 9-12-78; Ord. §§ 1 – 6, 7-13-93; amended during 2012 reformat. 1990 Code § 3-8402.)
8.05.040 Assessment of cost of abatement – Lien.
If the administrative costs and the cost of removal which are charged against the owner of a parcel of land pursuant to Section 8.05.030 are not paid within 30 days of the date of the order or the final disposition of an appeal therefrom, such costs shall constitute a special assessment against the parcel of property and shall be a lien on such property for the amount thereof from the time of recordation of the notice of lien, which lien shall continue until the assessment is paid or until it is discharged of record. The chief of police may file in the office of the county recorder a certificate substantially in the following form, to wit:
Notice of Lien
Pursuant to the authority vested in me by the Fremont Municipal Code, I did, on the ________ day of ________, 20________, cause the removal of a vehicle (or part thereof) from the real property hereinafter described and ordered the cost of removal and the administrative costs to be paid by ________, 20________. The same has not been paid nor any part thereof and constitutes a special assessment on said real property in the amount of ________ Dollars ($________) and the City of Fremont does hereby claim a lien on said real property in said amount and the same shall be a lien upon said real property until the said sum has been paid in full or discharged of record.
The real property hereinbefore mentioned and from which such vehicle (or part thereof) was removed and upon which a lien is claimed, is that certain piece or parcel of land lying and being in the City of Fremont, County of Alameda, State of California, and particularly described as follows, to wit:
[insert description]
Dated this ________ day of ________, 20________.
________________
Chief of Police
Pursuant to an agreement between the city and the county, the assessment may be collected at the same time and in the same manner as county taxes are collected and all laws applicable to the levy, collection, and enforcement of county taxes shall be and hereby are made applicable to such special assessment. (Ord. 779 § 3, 7-7-70; Ord. 1272 § 5, 9-12-78. 1990 Code § 3-8402.5.)
8.05.050 Enforcement of chapter.
Enforcement of this chapter may be accomplished by the city in any manner authorized by law, and in addition, any person who, by reason of another’s violation of any provision of this chapter, suffers special damage to himself different from that suffered by other property owners throughout the city generally, may bring an action to enjoin or otherwise abate an existing violation. (Ord. 574 § 1. 1990 Code § 3-8403.)