Chapter 8.35
NUISANCE VEHICLES1
Sections:
8.35.040 Chapter not exclusive regulation.
8.35.050 Enforcement authority.
8.35.060 Agreement with removal agent.
8.35.070 Administrative cost--Determination and recovery.
8.35.080 Abatement or removal authority.
8.35.090 Notice of intention to abate and remove a vehicle.
8.35.110 Abatement--Hearing--Held when.
8.35.120 Abatement--Hearing--Procedures.
8.35.150 Department of Motor Vehicles notification.
8.35.160 Removal and administrative costs, payment and assessment.
8.35.010 Findings.
In accordance with the determination made and the authority granted by the state of California under Sections 22660 and 22669 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, except as expressly hereinafter permitted, is declared to constitute a public nuisance which may be removed or abated as such in accordance with the provisions of this chapter. (Ord. 769 (part), 1995)
8.35.020 Definitions.
The following words and phrases as used in this chapter are defined as follows:
“Driveway” means a visibly designated area which encroaches upon a public or private right-of-way and is intended for vehicle parking and ingress and egress from private or public property.
“Private property” means all real property in the city which is not publicly owned.
“Public property” means property owned or under the control of a public entity or agency and devoted to public use; including public street right-of-way.
“Public street right-of-way” means a road, street, lane, place or travelled way that is publicly maintained or open to the use of the public for purposes of vehicular travel.
“Vehicle” means a device by which any person or property may be propelled, moved or drawn upon a highway, street, alley or road, except a device moved by human power or used exclusively upon stationary rails or tracks.
“Nuisance vehicle” means any unlicensed or unregistered, abandoned, wrecked, dismantled or inoperative vehicle located on public or private property which creates a condition tending to reduce property values, promote blight and deterioration, invite plundering, create fire hazards, creates an enticement for children or other individuals to loiter in and around exposing them to potential health and safety hazards, creates a harborage for rodents, insects or vectors; and is potentially dangerous to the public’s health, safety and welfare. Abandoned, wrecked, dismantled or inoperative vehicles which have been issued non-operational certificates from the State Department of Motor Vehicles are considered to be nuisance vehicles because they cannot be legally operated upon a public street or highway.
“Operative vehicle” means a licensed vehicle which is currently registered and in condition to be legally operated upon a public street or highway within the state of California. (Ord. 769 (part), 1995)
8.35.030 Exceptions.
This chapter shall not apply to:
A. A vehicle which is completely enclosed within a building;
B. 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 a junkyard. More than one inoperative vehicle shall be determined to be a business requiring proper zoning clearance for vehicle dismantling yards, junkyards or major automotive repair services.
The foregoing exceptions shall not authorize the maintenance of a public or private nuisance as defined under provisions of law other than those contained in the Vehicle Code. (Ord. 769 (part), 1995)
8.35.040 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 hereinafter enacted by the city, the state or any other legal entity or agency having. jurisdiction. (Ord. 769 (part), 1995)
8.35.050 Enforcement authority.
Except as otherwise provided herein, the provisions of this chapter shall be administered and enforced by the community development director (CDD). In the enforcement of this chapter, the CDD or its agents may enter upon private or public property to examine a vehicle, or part thereof, or obtain information as to the identity of a vehicle and to remove or cause the removal of a vehicle, or part thereof, declared to be a nuisance pursuant to this chapter. When necessary, the CDD shall obtain an inspection warrant to enter upon private or public property to examine a vehicle, or part thereof, to obtain information as to the identity of a vehicle, or part thereof, and to remove or cause removal of a vehicle or part thereof declared to be a nuisance pursuant to this chapter. (Ord. 769 (part), 1995)
8.35.060 Agreement with removal agent.
When the city council has made an agreement 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 nuisance vehicle, or part thereof, pursuant to this chapter under direction of the CDD. (Ord. 769 (part), 1995)
8.35.070 Administrative cost--Determination and recovery.
The city council shall from time to time determine and fix by resolution an amount to be: assessed as administrative costs under this chapter. Such administrative costs may be recovered by the city from either the owner of the land on which a nuisance vehicle, or part thereof, rests or the last registered and/or legal owner of the vehicle. (Ord. 769 (part), 1995)
8.35.080 Abatement or removal authority.
Upon discovering the existence of an nuisance vehicle, or part thereof, on private or public property within the city, the CDD shall have the authority to cause the removal or abatement thereof in accordance with the authority granted by Section 22669 of the California Vehicle Code or the procedures prescribed herein. (Ord. 769 (part), 1995)
8.35.090 Notice of intention to abate and remove a vehicle.
A ten calendar day notice of intention to abate and remove a vehicle, or part thereof, as a public nuisance shall be mailed by certified mail to the owner of the land as shown on the last equalized assessment roll, and to the last registered and legal owners of record, unless the vehicle is in such condition that the identification numbers are not available to determine ownership; unless the notice is not required pursuant to the following:
Where the property owner and the registered and legal owners of the vehicle have signed releases authorizing removal and have waived further interest in the vehicle, or part thereof. (Ord. 769 (part), 1995)
8.35.100 Form of notice.
The notices of intention which are to be given to a property owner, and to the registered and legal owners of a vehicle, under the provisions of this section shall be in substantially the following form:
NOTICE OF INTENTION TO ABATE AND REMOVE
A NUISANCE VEHICLE
TO: (name and address of owner of the 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 City of Lakeport Ordinance No. 769 (95), has determined that there exists upon said land a nuisance vehicle, or part thereof, registered to (name of registered owner), license number _______________, which constitutes a public nuisance under the provisions of said Ordinance No. 769 (95).
You are hereby notified to abate said nuisance by the removal of said vehicle, or part thereof, within ten (10) calendar 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, including administrative costs, will be assessed to you as the owner of the land on which said vehicle, or part thereof, is located as authorized by Section 38773.5 of the Government Code.
As owner of the land on which said vehicle, or part thereof, is located, you are hereby notified that you may, within ten (10) calendar days after the mailing of this notice, request a public hearing before the Abatement Board. If such request for hearing is not received by the City Community Development Department Director (CDD) within the ten (10) calendar day period, the CDD shall have the authority to abate and remove said vehicle, or part thereof, as a public nuisance without a hearing.
Notice Mailed: _________ Signature: ______________
NOTICE OF INTENTION TO ABATE AND REMOVE
A NUISANCE VEHICLE
TO: (name and address of last registered and/or legal owner of record of vehicle - notice to be given to both, if different)
As last registered and/or legal owner of record of (description of vehicle including make, model, license, and VIN when available), you are hereby notified that the undersigned, pursuant to the provisions of the City of Lakeport Ordinance No. 769 (95), has determined that said vehicle, or part thereof, exists as a nuisance vehicle, or part thereof, and constitutes a public nuisance under the provisions of Ordinance No. 769 (95).
You are hereby notified to abate said nuisance by the removal of said vehicle, or part thereof, within ten (10) calendar days from the date of mailing of this notice.
As last registered and/or legal owner of record of said vehicle, or part thereof, you are hereby notified that you may, within ten (10) calendar days after the mailing of this notice, request a public hearing before the Abatement Board. If such request for hearing is not received by the City Community Development Department Director (CDD) within the ten (10) calendar day period, the CDD shall have the authority to abate and remove said vehicle, or part thereof, as a public nuisance without a hearing.
Notice Mailed: _________ Signature: ______________
(Ord. 769 (part), 1995)
8.35.110 Abatement--Hearing--Held when.
A public hearing shall be held by the city abatement board on the question of abatement and removal of the vehicle, or part thereof, as an abandoned, wrecked, dismantled or inoperative vehicle when:
A. The CDD receives a written request from the owner of the vehicle at the time of signing a release pursuant to Section 8.35.090; or
B. The CDD receives a written request from the owner of the vehicle or owner of the land within ten calendar days after the mailing of notices of intention to abate and remove.
Notice of hearing shall be mailed by certified mail at least ten calendar days before the hearing to the owner of the land as shown on the last equalized assessment roll, and to the last registered and legal owners of record unless the vehicle is in such condition that identification numbers are not available to determine such ownership. If no request for hearing is received within the ten calendar 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 part thereof, as a public nuisance without holding a public hearing. (Ord. 769 (part), 1995)
8.35.120 Abatement--Hearing--Procedures.
All hearings under this chapter shall be held before the city abatement board, established by the city council, which shall hear all facts and testimony it deems pertinent. Such facts and testimony may include testimony on the condition of the vehicle, or part thereof, and the circumstances concerning its location on the private property or public property. The abatement board 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 reasons for such denial.
The abatement board 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 part thereof, if in its opinion the circumstances justify it.
At the conclusion of the public hearing, the abatement board may find that a vehicle, or part 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 provided in this chapter, and determine the administrative costs and the cost of removal to be charged against:
A. The owner of the land as authorized by Section 38773.5 of the Government Code; or
B. The owner of the vehicle, or part thereof, pursuant to the provisions of Sections 22523 and 22525 of the Vehicle Code. The order requiring removal shall include a description of the vehicle.
If it is determined at the hearing that the vehicle, or part thereof, was placed on the land without the consent of the owner of the land and that the owner has not subsequently acquiesced to its presence, the abatement board 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 the 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 any interested party requests a hearing or makes a written presentation to the abatement board but does not appear, he or she shall be notified in writing of the decision. (Ord. 769 (part), 1995)
8.35.130 Appeal.
Any interested party may appeal the decision of the abatement board by paying the appropriate fee(s) and filing a written notice of appeal with the CDD within five calendar days after its decision. Such appeal shall be heard by the city council, which may affirm, amend or reverse the order of the abatement board or take other action deemed appropriate.
The city clerk shall give written notice of the time and place of the hearing on such appeal to the appellant and those persons specified in Section 8.35.090.
In conducting the hearing, the city council shall not be limited by the technical rules of evidence. (Ord. 769 (part), 1995)
8.35.140 Removal of vehicle.
After the expiration of the notice of intention to abate period, or after adoption of the order declaring the vehicle to be a public nuisance, or after mailing of the notice of decision by the vehicle abatement board, or after the city council has made a decision on an appeal, the vehicle, or part thereof, may be towed and removed by the city. After the vehicle has been removed, it shall not be reconstructed or made operable unless it is a vehicle which qualifies for either horseless carriage license plates or historical vehicle license plates, pursuant to the California Vehicle Code, in which case it may be reconstructed or made operable. (Ord. 769 (part), 1995)
8.35.150 Department of Motor Vehicles notification.
Within five calendar days after the date of removal of the vehicle, or part thereof, notice shall be given to the State Department of Motor Vehicles identifying the vehicle, or part thereof, removed. At the same time, there shall be transmitted to the Department of Motor Vehicles any evidence of registration available, including the registration card, certificates of ownership or license plates. (Ord. 769 (part), 1995)
8.35.160 Removal and administrative costs, payment and assessment.
Upon towing/removal of the nuisance vehicle by the city, the administrative and removal costs may be levied (invoiced) against the owner of the vehicle or the land on which it rested. If the administrative and removal costs which are charged against the owner of a parcel of land pursuant to Section 8.35.120 are not paid within thirty calendar days of the date of the invoice, such costs may be assessed against the parcel of land pursuant to Section 38773.5 of the Government Code and may be transmitted to the tax collector for collection. The assessment shall have the same priority as other county taxes. (Ord. 769 (part), 1995)
8.35.170 Penalty.
It is unlawful to park or store a nuisance vehicle on any portion of private or public property unless the vehicle is operative and is parked on a driveway. Nuisance vehicles are subject to removal pursuant to Section 22523 of the Vehicle Code and this chapter.
Every day a violation of this chapter continues shall constitute a separate offense. (Ord. 769 (part), 1995)
8.35.180 Enforcement.
For the purpose of enforcing this chapter, the CDD or city police department shall have the authority to issue citations. Such citations may be issued after proper notice and failure to achieve compliance. (Ord. 769 (part), 1995)
Prior history: Ords. 750 and 760.