Chapter 10.35
ABANDONED, WRECKED, DISMANTLED OR INOPERATIVE VEHICLES
Sections:
10.35.020 Additional remedies.
10.35.025 Enforcement officer.
10.35.035 Administrative costs.
10.35.040 Abatement and removal.
10.35.045 Notice of intention.
10.35.070 Notice to Department of Motor Vehicles and Department of Justice.
10.35.010 Findings.
In addition to and in accordance with the determination made and the authority granted by the state of California under Section 22660 of the Vehicle Code to remove abandoned, wrecked, dismantled or inoperative vehicles or parts thereof as public nuisances, the city council of the city of Half Moon Bay 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 hereinafter permitted is hereby declared to constitute a public nuisance which may be abated as such in accordance with the provisions of this chapter. (Ord. 2-01 (Exhibit B (part)), 2002).
10.35.012 Definitions.
For the purpose of this chapter, unless it is plainly evident from the context thereof that a different meaning is intended, the following terms are defined:
A. “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.
B. “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.
C. “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.
D. “Owner of the vehicle” means the last registered owner and legal owner of record. (Ord. 2-01 (Exhibit B (part)), 2002).
10.35.015 Exceptions.
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 the provisions of law other than Chapter 10 (commencing with Section 22650) of Division 11 of the Vehicle Code and this chapter. (Ord. 2-01 (Exhibit B (part)), 2002).
10.35.020 Additional remedies.
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. 2-01 (Exhibit B (part)), 2002).
10.35.025 Enforcement officer.
Except as otherwise provided herein, the provisions of this chapter shall be administered and enforced by the chief of police. In the enforcement of this chapter such officer and his deputies may enter upon private or public property to examine a vehicle or parts thereof, or 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 this chapter. (Ord. 2-01 (Exhibit B (part)), 2002).
10.35.030 Entry.
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 chapter. (Ord. 2-01 (Exhibit B (part)), 2002).
10.35.035 Administrative costs.
The city council shall from time to time determine and fix an amount tote assessed as administrative costs (excluding the actual cost of removal of any vehicle or parts thereof) under this chapter. (Ord. 2-01 (Exhibit B (part)), 2002).
10.35.040 Abatement and removal.
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 chief of police shall have the authority to cause the abatement and removal thereof in accordance with the procedure prescribed herein. (Ord. 2-01 (Exhibit B (part)), 2002).
10.35.045 Notice of intention.
A ten day notice of intention to abate and remove the vehicle, or parts thereof, as a public nuisance shall be mailed by registered 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. The notices of intention shall be in substantially the following forms:
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 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 10.35.040 of the Half Moon Bay 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 provisions of Title 10.35 of the Half Moon Bay 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, 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 Police Department within such 10 day period, the Chief of Police 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:
s/
Chief of Police; or
B. 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 10.35.040 of the Half Moon Bay Municipal Code has determined that said vehicle (or parts of a vehicle) exists as an abandoned, wrecked, dismantled or inoperative vehicle at (describe location on public or private property) and constitutes a public nuisance pursuant to the provisions of Chapter 10.35 of the Half Moon Bay Municipal Code.
You are hereby notified to abate said nuisance by the removal of said vehicle (or parts of said vehicle) within 10 days from the date of mailing of this note. 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 Police Department within such 10 day period, the Chief of Police shall have the authority to abate and remove said vehicle (or said parts of a vehicle) without a hearing.
Notice mailed:
(date)
s/
Chief of Police
(Ord. 2-01 (Exhibit B (part)), 2002).
10.35.050 Hearing.
Upon request by the owner of the vehicle or owner of the land received by the police department within ten days after the mailing of the notices of intention to abate and remove, a public hearing shall be held by the planning department 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 submits a sworn written statement, denying responsibility for the presence of the vehicle on his land within such ten day period, the statement shall be construed as a request for a hearing which does not require his presence. Notice of the hearing shall be mailed, by registered mail, at least ten days before 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 ten 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. (Ord. 2-01 (Exhibit B (part)), 2002).
10.35.055 Decision.
All hearings under this chapter shall be held before the planning department hearing officer which shall hear all facts and testimony it 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 the private property or public property. The planning department 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 reasons for such denial.
The planning department hearing officer 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 parts thereof if, in its opinion, the circumstances justify it. At the conclusion of the public hearing, the planning department 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 determine 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 has not subsequently acquiesced in its presence, the planning department hearing officer 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 the owner of the land submits a sworn written statement denying responsibility for the presence of the vehicle on his land but does not appear or if an interested party makes a written presentation to the planning department hearing officer but does not appear, he shall be notified in writing of the decision. (Ord. 2-01 (Exhibit B (part)), 2002).
10.35.060 Appeals.
A decision of the planning department hearing officer may be appealed to the city council in accordance with the requirements of Chapter 1.25. In addition to the notice requirements of that chapter, the clerk shall give written notice of the time and place of the hearing to those persons specified in Section 10.35.045. (Ord. C-7-08 §10, 2008: Ord. 2-01 (Exhibit B (part)), 2002).
10.35.065 Removal.
Five days after adoption of the order declaring the vehicle or parts thereof to be a public nuisance, five days from the date of mailing of the notice of the decision if such notice is required by Section 10.35.055, or fifteen 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 scrap yard or automobile dismantler’s yard. After a vehicle has been removed it shall not thereafter be reconstructed or made operable. (Ord. 2-01 (Exhibit B (part)), 2002).
10.35.070 Notice to Department of Motor Vehicles and Department of Justice.
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 Stolen Vehicle System of 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 any evidence of registration available, including registration certificates, certificates of title and license plates. (Ord. 2-01 (Exhibit B (part)), 2002).
10.35.075 Assessment.
If the administrative costs and the costs of removal which are charged against the owner of a parcel of land pursuant to Section 10.35.055 are 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 Government Code and shall be transmitted to the tax collector for collection. The assessment shall have the same priority as other city taxes. (Ord. 2-01 (Exhibit B (part)), 2002).