Chapter 10.56
ABANDONED VEHICLES1
Sections:
10.56.050 Authority of peace officer or employee to remove abandoned vehicles.
10.56.060 Authority of peace officer to remove vehicles left for 72 hours on a highway.
10.56.070 Authority to immediately remove from a highway vehicles which lack necessary equipment.
10.56.080 Authority of contractor to remove abandoned vehicles.
10.56.090 Authority to enter private property.
10.56.100 Authority of contracted person to enter private property.
10.56.110 Chapter not exclusive.
10.56.120 Abandoned vehicles on public or private property, excluding a highway.
10.56.130 Storage of vehicles – Mileage.
10.56.140 Notice and hearing rights – Low value vehicles.
10.56.150 Storage – Notice and hearing.
10.56.160 Disposition of abandoned vehicles.
10.56.170 Prohibition against reconstruction.
10.56.180 Notice to the Department of Motor Vehicles.
10.56.190 Notice to California Highway Patrol.
10.56.200 Administrative costs fixed by resolution.
10.56.210 Collection of costs as tax assessment in cases of nonpayment.
10.56.010 Definitions.
Unless the context otherwise requires, the definitions of words and phrases set forth in this section shall govern the construction of this chapter.
A. “Abandoned vehicle” includes the following:
1. “Public nuisance vehicle” means any vehicle or parts thereof, that is abandoned, wrecked, dismantled or inoperative, that is left on public or private property, not including highways; and that creates a condition tending to reduce the value of private property, promotes blight and deterioration, invites plundering, creates fire hazards, constitutes an attractive nuisance endangering the health and safety of minors, harbors rodents and insects, or jeopardizes health, safety and general welfare.
2. “Abandoned vehicle.” A vehicle is “abandoned” if it is left on a highway, public property, or private property in such inoperable or neglected condition that the owner’s intention to relinquish all further rights or interests in it may be reasonably concluded. In reference to highways, “abandonment” is presumed to have occurred if a vehicle is left 72 hours or more on the highway, or is parked, resting or otherwise immobilized on any highway or public right-of-way; and lacks an engine, transmission, wheels, tires, doors, windshield, or any other part or equipment necessary to operate safely on the highway. Such vehicles are presumed to be a hazard to public health, safety, and welfare and may be removed immediately upon discovery by a peace officer or other designated employee.
3. “Wrecked vehicle” means any vehicle that is damaged to such an extent that it cannot be operated upon the highway. A vehicle which has been wrecked in a traffic accident, and which has been removed from the roadway to a storage facility, but which has not been claimed by its owner will not be considered an abandoned vehicle.
4. “Dismantled vehicle” means any vehicle that is partially or wholly disassembled.
5. “Inoperative vehicle” means any motor vehicle that cannot be removed under its own power.
B. “Employee” means a city employee designated by the city council.
C. “Highway” means a way or place of whatever nature, publicly maintained and open to the use of the public for purposes of vehicular traffic. Highway includes a street, and all or any part of the entire width of the right-of-way of said highway.
D. “Peace officer” means an individual as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code.
E. “Vehicle” is a device in, upon, or by which any person or property is or may be propelled, moved or drawn upon a highway, excepting a device moved by human power or used exclusively upon stationary rails or tracks. (Ord. 92-01 § 1, 1992)
10.56.020 Findings.
In addition to and in accordance with the determination made and the authority granted by the state under Section 22660 of the Vehicle Code to remove abandoned, wrecked, dismantled or inoperative vehicles or parts 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, on private or public property, including highways, creates a condition tending to reduce the value of private property, promotes blight and deterioration, invites plundering, creates fire hazards, constitutes an attractive nuisance creating a hazard to the health and safety of minors, creates a harborage for rodents and insects and is injurious to the health, safety and general welfare. Therefore, the presence of an abandoned, wrecked, dismantled or inoperative vehicle or parts, on private or public property, including highways, is declared to constitute a nuisance which may be abated in accordance with the provisions of this chapter. (Ord. 92-01 § 1, 1992)
10.56.030 Penalty.
A. No person shall abandon a vehicle upon any highway. Any violation of this section constitutes an infraction. (Authority: Veh. Code § 22523).
B. Every person who parks or leaves a vehicle on a highway for 72 consecutive hours or more is guilty of an infraction. (Authority: Veh. Code § 22651(k)).
C. No person shall abandon a vehicle upon public or private property without the express or implied consent of the owner or person in lawful possession or control of the property. Any violation of this section constitutes an infraction. (Authority: Veh. Code § 22523).
D. A person convicted of a violation of this section shall pay a penalty set forth in HMC 10.56.200, and in addition, such person shall provide proof that the costs of removal and disposition of the vehicle have been paid. No part of any fine imposed shall be suspended. The fine may be paid in installments if the court determines that the defendant is unable to pay the entire amount in one payment. (Authority: Veh. Code § 22523).
E. Proof that the costs of removal and disposition of the vehicle have been paid shall not be required if proof is provided to the court that the vehicle was stolen prior to abandonment. That proof may consist of a police report or other evidence acceptable to the court. (Authority: Veh. Code § 22523). (Ord. 92-01 § 1, 1992)
10.56.040 Enforcement.
Except as otherwise provided in this chapter or by law, the provisions of this chapter shall be administered and enforced by the chief of police or employees designated in writing by the city council. (Ord. 92-01 § 1, 1992)
10.56.050 Authority of peace officer or employee to remove abandoned vehicles.
Any peace officer or any other employee, in the territorial limits in which the officer or employee is authorized to act, who has reasonable grounds to believe that a vehicle has been abandoned, may remove the vehicle from a highway or from public or private property. (Authority: Veh. Code § 22669). (Ord. 92-01 § 1, 1992)
10.56.060 Authority of peace officer to remove vehicles left for 72 hours on a highway.
Any peace officer may remove a vehicle located within the territorial limits in which the officer or employee may act, when any vehicle is abandoned, parked or left standing upon a highway for 72 or more consecutive hours. (Authority: Veh. Code § 22651(k)). (Ord. 92-01 § 1, 1992)
10.56.070 Authority to immediately remove from a highway vehicles which lack necessary equipment.
Motor vehicles which are abandoned, parked, resting, or otherwise immobilized on any highway or public right-of-way and which lack an engine, transmission, wheels, tires, doors, windshield, or any other part or equipment necessary to operate safely on the highways of this state are a public nuisance and may be removed immediately upon discovery by a peace officer or employee. (Authority: Veh. Code § 22669). (Ord. 92-01 § 1, 1992)
10.56.080 Authority of contractor to remove abandoned vehicles.
Any person performing a franchise or contract awarded pursuant to subdivision (a) of Vehicle Code Section 22710 may remove a vehicle from a highway or from public or private property, after a determination by a peace officer or other employee, that the vehicle is abandoned, as determined pursuant to Vehicle Code Section 22523. (Authority: Veh. Code § 22669). (Ord. 92-01 § 1, 1992)
10.56.090 Authority to enter private property.
In the enforcement of this chapter, the chief of police and his designated employees may enter upon private property for the purposes specified in this chapter to examine a vehicle or parts thereof, obtain information as to the identity of a vehicle, and remove or cause the removal of a vehicle or part thereof declared a nuisance pursuant to this chapter. (Authority: Veh. Code § 22663). (Ord. 92-01 § 1, 1992)
10.56.100 Authority of contracted person to enter private property.
When the city council has contracted with or granted a franchise to any person or persons for the abatement of abandoned vehicles, 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 declared to be a nuisance pursuant to this chapter. (Ord. 92-01 § 1, 1992)
10.56.110 Chapter not exclusive.
This chapter is not the exclusive regulation of abandoned, wrecked, dismantled or inoperative vehicles. It shall supplement and be in addition to the other regulatory codes, statutes and ordinances enacted by the city, state or other legal entity or agency having jurisdiction. (Ord. 92-01 § 1, 1992)
10.56.120 Abandoned vehicles on public or private property, excluding a highway.
A. Upon discovery on public or private property, excluding a highway, of an abandoned vehicle or a vehicle which lacks an engine, transmission, wheels, tires, doors, windshield, or other major part or equipment necessary to operate safely on the highway, the director of public works shall have the authority to cause the abatement and removal of said vehicle in accordance with the procedure prescribed in this section.
B. Except as otherwise provided by law or this chapter, not less than a 10-day notice of intention to abate and remove the vehicle or part thereof as a public nuisance shall be issued for a vehicle abandoned on public or private property, excluding a highway, unless the property owner and the owner of the vehicle have signed releases authorizing removal and waiving further interest in the vehicle or part thereof, except as provided in Vehicle Code Section 22661(c). (Authority: Veh. Code § 22661(c)).
C. The 10-day notice of intention to abate and remove a vehicle or part thereof, when required by this chapter, shall contain a statement of hearing rights of the owner of the property on which the vehicle is located and of 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 submit a sworn written statement denying responsibility for the presence of the vehicle on the land, with his/her reason for such denial, in lieu of appearing. The notice of intention to abate 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(s)-of-record unless the vehicle is in such condition that the identification numbers are not available to determine ownership. Such notice of intention is not required for removal of a vehicle or part thereof that is inoperable due to the absence of a motor, transmission, or wheels and incapable of being towed, is valued at less than $200.00 by a person specified in Vehicle Code Section 22855, and is determined by the city to be a public nuisance presenting an immediate threat to public health or safety, provided that the property owner has signed a release authorizing removal and waiving further interest in the vehicle or part thereof. Prior to final disposition under Vehicle Code Section 22662 of such a low-valued vehicle or part for which evidence of registration was recovered pursuant to subdivision (a) of Vehicle Code Section 22661, the city shall provide notice to the registered and legal owner(s) of intent to dispose of the vehicle or part, and if the vehicle or part is not claimed and removed within 12 days after the notice is mailed, from a location specified in Vehicle Code Section 22662, final disposition may proceed.
D. A request for a hearing shall be made to the chief of police within 10 days after the mailing of notice of intention to abate and remove the vehicle or at the time of signing a release. (Authority: Veh. Code § 22661(e)).
E. Upon a request for a hearing by the owner of the vehicle or the owner of the land upon which such vehicle is located, a public hearing shall be held before the chief of police or his designee. (Authority: Veh. Code § 22661(e)).
F. If such a request is not received within such period, the appropriate public body, agency, or officer shall have the authority to remove the vehicle. (Authority: Veh. Code § 22661(e)).
G. The chief of police or his designee shall hear all facts and testimony he deems pertinent. The facts and testimony may include testimony on the condition of the vehicle or parts, and the circumstances concerning its location on the private property or public property. The director of public works or his designee shall not be limited by the technical rules of evidence.
H. The owner of the land on which the vehicle is located is authorized to appear in person at the hearing or present a sworn written statement denying responsibility for the presence of the vehicle on the land, with his (or her) reason for such denial. (Authority: Veh. Code § 22661(g)).
I. If it is determined at the hearing that the vehicle was placed on the land without the consent of the land-owner and that he (or she) has not subsequently acquiesced in its presence, then the local authority shall not assess costs of administration or removal of the vehicle against the property on which the vehicle is located or otherwise attempt to collect such cost from the owner. (Authority: Veh. Code § 22661(g)).
J. 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 (or her) 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 such request. (Authority: Veh. Code § 22661(e)).
K. The chief of police or his designee 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, if, in its opinion, the circumstances justify it. At the conclusion of the public hearing, the chief of police or his designee may find that a vehicle, or parts, has been abandoned, wrecked, dismantled or is inoperative on private or public property and order the same be removed from the property as a public nuisance and disposed of as provided in this chapter 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 and correct identification number and license number of the vehicle, if available.
L. Any interested party may appeal the decision of the chief of police or his designee by filing a written notice of appeal with the city council within five days after his decision. Such appeal shall be heard by the city council, which may affirm, amend or reverse the order or take other action deemed appropriate. The clerk shall give written notice of the time and place of the hearing to the appellant, to the owner of the land, and the owner of the vehicle. In conducting the hearing, the city council shall not be limited by the technical rules of evidence.
M. 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 private property in connection with the business of a licensed dismantler, licensed vehicle dealer, or junk yard. (Authority: Veh. Code § 22661(b)). (Ord. 97-03 § 1, 1997; Ord. 92-01 § 1, 1992)
10.56.130 Storage of vehicles – Mileage.
A. Whenever a peace officer or employee removes a vehicle from a highway, or from public or private property, unless otherwise provided, he (or she) shall take the vehicle to the nearest garage or other place of safety or to a garage designated by the city, where the vehicle shall be placed in storage. (Authority: Veh. Code § 22850).
B. At the time of removal, the officer or employee shall determine the amount of mileage on the vehicle. (Authority: Veh. Code § 22850).
C. A vehicle placed in storage shall be released to the owner or person in control of the vehicle only if the owner or person furnishes, to the law enforcement agency or employee who placed the vehicle in storage, satisfactory proof of current vehicle registration. In lieu of obtaining proof of current registration, the agency which caused the vehicle to be stored may, in its discretion, issue a notice to appear for the registration violation. (Ord. 92-01 § 1, 1992)
10.56.140 Notice and hearing rights – Low value vehicles.
If a vehicle is determined to have a value not exceeding $100.00, a peace officer or employee shall provide notice and the opportunity for a hearing in accordance with Vehicle Code Sections 22851.2 through 22851.12. (Ord. 92-01 § 1, 1992)
10.56.150 Storage – Notice and hearing.
Whenever a peace officer or employee directs the storage of any vehicle, the vehicle’s registered and legal owners of record, or their agents, shall be given notice and the opportunity for a post-storage hearing if required by Vehicle Code Section 22852. (Ord. 92-01 § 1, 1992)
10.56.160 Disposition of abandoned vehicles.
Vehicles or parts thereof may be disposed of by removal to a scrap yard, automobile dismantler’s yard, or other suitable site. (Authority: Veh. Code § 22662). (Ord. 92-01 § 1, 1992)
10.56.170 Prohibition against reconstruction.
After a vehicle has been removed, it shall not be reconstructed or be made operable, unless it is a vehicle which qualifies for either horseless carriage license plates or historical vehicle license plates, pursuant to Vehicle Code Section 5004, in which case the vehicle may be reconstructed or made operable. (Authority: Veh. Code § 22661(f)). (Ord. 92-01 § 1, 1992)
10.56.180 Notice to the Department of Motor Vehicles.
Notice shall be given to the Department of Motor Vehicles within five days after the date of removal, identifying the vehicle or part thereof and any evidence of registration available, including, but not limited to, the registration card, certificates of ownership, or license plates. (Authority: Veh. Code § 22661(a)). (Ord. 92-01 § 1, 1992)
10.56.190 Notice to California Highway Patrol.
An employee, other than a peace officer or employee of a sheriff’s department, designated to remove vehicles pursuant to Section 2269 of the Vehicle Code may do so only after he or she has mailed or personally delivered a written report identifying the vehicle and its location to the department of California Highway Patrol located nearest to the vehicle. (Authority: Veh. Code § 22669). (Ord. 92-01 § 1, 1992)
10.56.200 Administrative costs fixed by resolution.
The last registered owner of record is responsible for abandonment and is thereby liable for the cost of removal and disposition of the vehicle. The city council, by resolution, shall from time to time determine and fix an amount to be assessed as vehicle abatement administrative, hearing and appeal costs. The cost in the resolution shall not include costs and expenses which are not incurred by the city. (Ord. 92-01 § 1, 1992)
10.56.210 Collection of costs as tax assessment in cases of nonpayment.
If the administrative costs and the cost of removal which are charged against the owner of a parcel of land pursuant to HMC 10.56.200 are not paid within 30 days of the date of the order, or the final disposition of an appeal therefrom, a statement of these charges shall be sent to that owner by the city. If not paid, such costs shall be assessed against the parcel of land with a nuisance abatement lien pursuant to Government Code Section 38773.1. Prior to the recordation of the lien, written notice shall be given to the owner of record of the parcel on which the nuisance was maintained, based on the last equalized assessment roll or the supplemental roll, whichever is more current. The notice shall be served in the same manner as a summons in a civil action, in accordance with Article 3 (commencing with Section 45.10) of Chapter 4 of Title 5 of Part 2 of the Code of Civil Procedure. The nuisance abatement lien shall be recorded in the county recorder’s office in the county in which the parcel of land is located, and shall specify the amount of the lien, the name of the agency on whose behalf the lien is imposed, the date of the abatement order, the street address, legal description and assessor’s parcel number on which the lien is imposed, and the name and address of the recorded owner of the parcel. (Authority: Government Code § 38773.1). (Ord. 92-01 § 1, 1992)
Prior ordinance history: Ordinances 78-11 and 84-13.