Chapter 11. Repair of Vehicles and Boats in Residential Districts

Sec. 4-11.01 Findings and Determinations—Definitions.

The City Council has determined that the repairing and/or dismantling of vehicles and boats in public view in residential districts has a negative impact on the liveability and appearance of the City, on the availability of driveways for parking, on property values, and can pose safety and health hazards to children and adults. The Council hereby makes the finding that the public health, safety, and welfare require the prohibition of repairing or dismantling of vehicles or boats in public view in residential districts, except under certain circumstances.

For the purpose of this Chapter, the following words shall have the meaning set forth herein:

(a) “Vehicle” shall mean a device by which any person or property may be propelled, moved, or drawn upon a highway or street, except a device moved exclusively by human power or used exclusively upon stationary rails or tracks.

(b) “Boat” shall mean any water craft used or capable of being used as a means of transportation on water.

(c) “In public view” shall mean visible from public streets, sidewalks, parks, and rights-of-way, and private streets accessible to the public but not including undeveloped public open space.

(d) “Property,” “real property,” “private property” shall not include sidewalks.

(e) “Resident” shall mean the owner or lessee of real property.

(f) “Owner of vehicle or boat” shall mean the last registered owner and legal owner of record.

(g) “Registration” shall mean a current valid California registration for a vehicle or a boat conforming to California Vehicle Code Section 4000 or 9840 et seq. for boats.

(h) “Operational vehicle” shall mean a motor vehicle that is currently capable of being propelled by its own engine.

(i) “Residential districts” shall mean those areas of the City of Hercules zoned for residential use, whether for single or multiple-family dwellings.

(j) “Immediate family” shall consist of parents, grandparents, spouse, and children related by blood, marriage or adoption.

(k) “Routine maintenance” shall be limited to replacing windshields; washing, waxing, and similar work commonly referred to as auto-detailing; and changing oil, tires, air filters, spark plugs, and similar work commonly referred to as a tune-up. It shall also include installation or repair of minor electronic auto accessories, such as radios, tape players, CD players, telephones, and alarms. Except as listed, the removal or replacement of mechanical or body parts of a vehicle or boat constitutes major repair.

(l) “Major repair” shall include pulling, dismantling or steam cleaning engines, repair or replacement of transmissions and clutches, axles, pumps, alternators, brakes, shocks and similar work, as well as vehicle body or panel painting or repair, and any hull, cabin or mast repair to a boat. (Ord. 314 § 1 (part), 1993)

Sec. 4-11.02 Routine Maintenance—Exception.

Except as otherwise provided in this Chapter, no person shall be authorized to perform routine maintenance in public view in a residential district on a vehicle or boat, unless as follows:

(a) Such vehicle or boat is registered to a lawful resident of the property where the routine maintenance is being performed or to a member of the immediate family; and

(b) Proof of registration or proof of immediate family relation is provided upon request. (Ord. 314 § 1 (part), 1993)

Sec. 4-11.03 Major Repairs—Exception.

Except as otherwise provided in this Chapter, no person shall be authorized to perform major repairs in public view in a residential district unless:

(a) Such person is the lawful resident of the property where the major repair is being performed; and

(b) The vehicle or boat under repair, and all parts thereof, are located in a fully enclosed garage, or building, or behind a six-foot (6') fence and gate capable of screening the vehicle or boat and parts thereof from public view; and

(c) The door of such garage or building or the fence gate is closed when repairs are not in progress. (Ord. 314 § 1 (part), 1993)

Sec. 4-11.04 Major Repairs—Carport.

It is unlawful to perform major repairs in a residential district on any vehicle or boat within a carport which is exposed to public view. (Ord. 314 § 1 (part), 1993)

Sec. 4-11.05 Major Repairs—Limits.

It shall be unlawful for more than two 2) vehicles or boats to be under major repair or stored at any one time in a residential district, except if all such vehicles or boats are fully located within a fully enclosed garage or building. (Ord. 314 § (part), 1993)

Sec. 4-11.06 Spray Painting Prohibited.

It shall be unlawful to spray paint a vehicle or boat, including panels or parts hereof, in a residential district, unless the vehicle or boat (parts thereof) are located within a fully enclosed garage, and that legal requirements are fulfilled. (Ord. 314 § 1 (part), 1993)

Sec. 4-11.07 Current Registration Requirement.

All vehicles or boats in public view in residential district shall have current registration and shall be operational. Proof of operation status and current registration shall be provided upon request. (Ord. 314 § 1 (part), 1993)

Sec. 4-11.08 Compensation for Major Repair and Routine Maintenance.

No moneys or anything of monetary value may be charged, exchanged, given or received for major repairs or routine maintenance performed in any residential district except for those persons licensed by the City of Hercules pursuant to Title 3, Chapter 6, of this Code to perform routine maintenance at the residence of mother. (Ord. 314 § 1 (part), 1993)

Sec. 4-11.09 Nighttime Routine Maintenance and Major Repair Work.

Routine maintenance or major repairs in residential districts shall take place only between the hours of 8:00 a.m. and 9:00 p.m. Monday through Saturday and between the hours of 9:00 a.m. and 9:00 p.m. Sundays and holidays, unless the vehicle or boat is located in a garage and the garage door is kept fully closed while the repair work is underway, and the noise generated by the work is not audible at any property line adjoining a residence. (Ord. 314 § 1 (part), 1993)

Sec. 4-11.10 Testing of Vehicle or Boat Engines.

Operating a vehicle or boat engine, or any other mechanical part of a vehicle or boat, continuously for more than two (2) minutes, or in a manner that is intended to determine if the engine is capable of functioning, in residential districts shall take place only between the hours of 8:00 a.m. and 9:00 p.m. Monday through Saturday and between the hours of 9:00 a.m. and 9:00 p.m. Sundays and holidays, unless the vehicle or boat is located in a garage and the garage door is kept fully closed while the repair work is under way, and the noise generated by the work is not audible at any property line adjoining a residence. (Ord. 314 § 1 (part), 1993)

Sec. 4-11.11 Routine Maintenance—Time Limit.

Routine maintenance in a residential district shall be completed within a seventy-two (72) consecutive-hour period after the maintenance has begun, and shall not exceed this time period, unless the vehicle or boat being repaired is located in a garage and the garage door is kept closed, except when routine maintenance is being performed or is otherwise fully screened from public view. (Ord. 314 § 1 (part), 1993)

Sec. 4-11.12 Cleanup.

Upon completion of any work authorized by this Chapter, all debris, oil, grease, gasoline, rags, equipment, parts or materials shall be disposed of in a lawful manner where it is not visible from the street or other public or private property. Hazardous material shall be disposed of in a lawful manner and in accordance with State of California, Contra Costa County and City of Hercules regulations. (Ord. 314 § 1 (part), 1993)

Sec. 4-11.13 Property Maintenance—Responsibility.

(a) Owner. Every owner of real property shall maintain such property in a lawful manner consistent with the provisions of this Chapter. In the case of leased or rented dwellings, the property owner shall ensure that every occupant properly maintains the property. Such owner remains liable for violations thereof regardless of any contract or agreement with any third party regarding such property.

(b) Occupant or Lessee. Every occupant, lessee, or holder of any interest in property, other than as owner thereof, is required to maintain such property in the same manner as required of the owner thereof, and the duty imposed by this Section on the owner hereof shall in no instance relieve those persons herein referred to from similar duty. (Ord. 314 § 1 (part), 1993)

Sec. 4-11.14 Enforcement.

Violations of this Chapter are designated as infractions and shall be punished as provided in Section 1-4.01 of this Code, provided that any person in violation of this Chapter shall be given a written warning of such violation and allowed a minimum of seven (7) calendar days to resolve such violation before any citation for such violation may be issued. Any violation resolved to the satisfaction of the City prior to the issuance of a citation shall not be subject to further enforcement action, and shall not be considered a “conviction” under Section 1-4.01. (Ord. 314 § 1 (part), 1993)