Chapter 8.36
ABANDONED VEHICLES1
Sections:
8.36.010 Findings and declarations.
8.36.040 Chapter not exclusive regulation.
8.36.060 Right of entry – Franchise.
8.36.070 Removal – Administrative costs.
8.36.090 Notice of intention to abate.
8.36.100 Notice to Department of Motor Vehicles.
8.36.110 Abandoning a vehicle – Misdemeanor – Exception.
8.36.120 Failure to remove abandoned vehicle – Misdemeanor.
Prior legislation: Ord. 533.
8.36.010 Findings and declarations.
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 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 not including highways is 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 not including highways, except as expressly hereinafter permitted, is declared to constitute a public nuisance which may be abated as such in accordance with the provisions of this chapter. [Ord. 973 § 1, 1994].
8.36.020 Definitions.
As used in this chapter:
“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.”
“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.
“Owner of the vehicle” means the last registered owner and legal owner of record.
“Public property” does not include “highway.”
“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. 973 § 1, 1994].
8.36.030 Exemptions.
A. This chapter shall not apply to:
1. 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
2. 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.
B. Nothing in this section shall authorize the maintenance of a public or private nuisance as defined under provision of law other than Chapter 10 (commencing with Section 22650) of Division 11 of the Vehicle Code and this chapter. [Ord. 973 § 1, 1994].
8.36.040 Chapter not exclusive regulation.
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. 973 § 1, 1994].
8.36.050 Right of entry.
Except as otherwise provided herein, the provisions of this chapter shall be administered and enforced by the City Manager. In the enforcement of this chapter such officer and his/her 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. 973 § 1, 1994].
8.36.060 Right of entry – Franchise.
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. 973 § 1, 1994].
8.36.070 Removal – Administrative costs.
The City Council shall from time to time determine and fix an amount to be assessed as administrative costs, excluding the actual cost of removal of any vehicle or parts thereof, under this chapter. [Ord. 973 § 1, 1994].
8.36.080 Removal – Authority.
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 City Manager shall have the authority to cause the abatement and removal thereof in accordance with the procedure prescribed in this chapter. [Ord. 973 § 1, 1994].
8.36.090 Notice of intention to abate.
A 10-day notice of intention to abate and remove the vehicle, or parts thereof, as a public nuisance shall be issued to the owner of the land and/or posted on the vehicle. However, the notice of intention is not required for removal of a vehicle or part thereof which is inoperable due to the absence of a motor, transmission, or wheels and incapable of being towed, is valued at less than $200.00, and is determined 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. [Ord. 973 § 1, 1994].
8.36.100 Notice to Department of Motor Vehicles.
Within five days after the date of removal of the vehicle or parts thereof, notice shall be given to the Department of Motor Vehicles 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. 973 § 1, 1994].
8.36.110 Abandoning a vehicle – Misdemeanor – Exception.
It is unlawful and a misdemeanor for any person to abandon, park, store, or leave or permit the abandonment, parking, storing, or leaving of any licensed or unlicensed vehicle or parts thereof which is in an abandoned, wrecked, dismantled, or inoperative condition, upon any private property or public property not including highways within the City for a period in excess of five days unless such vehicle or parts thereof is completely enclosed within a building in a lawful manner where it is not plainly visible from the street or other public or private property, or unless such vehicle is stored or parked in a lawful manner on private property in connection with the business of a licensed dismantler, licensee vehicle dealer or a junkyard. [Ord. 973 § 1, 1994].
8.36.120 Failure to remove abandoned vehicle – Misdemeanor.
It is unlawful and a misdemeanor for any person to fail or refuse to remove an abandoned, wrecked dismantled or inoperative vehicle or parts thereof or refuse to abate such nuisance when ordered to do so in accordance with the abatement provisions of this chapter or State law where such State law is applicable. [Ord. 973 § 1, 1994].
For statutory provisions on local ordinances on the removal of abandoned vehicles, see Vehicle Code § 22660.