Chapter 10.48
ABANDONED VEHICLES
Sections:
10.48.010 Findings and statutory authority.
10.48.020 Definitions.
10.48.030 Exclusions.
10.48.040 Administration and enforcement authority.
10.48.050 Chapter provisions not exclusive.
10.48.060 Abandoned vehicles prohibited when.
10.48.070 Removal of nuisance vehicle – Notice of intention to abate required.
10.48.080 Intention to abate – Public hearing requirements – Evidence.
10.48.090 Abatement ordered when – Costs – Conditions.
10.48.100 Removal and disposal – Notice requirements.
10.48.110 Costs – Set by City Council.
10.48.120 Costs – Assessment.
10.48.010 Findings and statutory authority.
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 wrecked, abandoned, dismantled or inoperative vehicles or parts thereof as public nuisances, the City Council makes the following findings and declarations:
The accumulation and storage of wrecked, abandoned, 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 a wrecked, abandoned, dismantled or inoperative vehicle or part thereof on private or public property, not 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. 2065 § 1(A), 2018; Ord. 1787 § 1, 2006; 1960 code § 13A.1)
10.48.020 Definitions.
As used in this chapter:
A. “Abandoned” means the status of a vehicle or part thereof when the vehicle owner has ceased to assert or exercise any interest, right, or title therein without intent to resume or reassert such interest, right, or title.
B. “Dismantled” means the condition of a vehicle which has been taken apart, or to pieces, and/or stripped, or otherwise deprived of any of its integral parts or equipment.
C. “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.”
D. “Inoperative” means any vehicle that is not currently and validly registered as required by the California Vehicle Code, and/or in the judgment of the enforcement authority is physically incapable of working, function, or otherwise operating at the time of inspection.
E. “Public property” does not include “highway.”
F. “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.
G. “Wrecked vehicle” means any vehicle which consists of disordered or broken remains, or which has been brought to a physically impaired or unsound condition, or other ruinous state by reason of collision, crash or other forceful impact. (Ord. 2016 § 1(J), 2015; Ord. 1787 § 1, 2006; 1960 code § 13A.2)
10.48.030 Exclusions.
A. This chapter shall not apply to:
1. A vehicle or part thereof which is located behind a solid fence six feet in height and which is not visible from the street or other public or private property;
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, 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 provisions of law other than Chapter 10 (commencing with Section 22650) of Division 11 of the Vehicle Code and this chapter. (Ord. 1787 § 1, 2006; 1960 code § 13A.3)
10.48.040 Administration and enforcement authority.
The provisions of this chapter shall be administered and enforced by the Livermore police department, except that the removal of vehicles or parts thereof from property may be by any person so authorized to act by resolution of the City Council. Any police officer, or other person authorized by the City Council to remove vehicles or parts thereof, may enter upon private property 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 to be a public nuisance pursuant to this chapter. (Ord. 2065 § 1(A), 2018; Ord. 1787 § 1, 2006; 1960 code § 13A.5)
10.48.050 Chapter provisions not exclusive.
This chapter is not the exclusive regulation of wrecked, abandoned, 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. 2065 § 1(A), 2018; Ord. 1787 § 1, 2006; 1960 code § 13A.4)
10.48.060 Abandoned vehicles prohibited when.
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 part thereof which is in a wrecked, abandoned, dismantled or inoperative condition upon any private property or public property, not including highways, within the City for a period in excess of 15 days, unless such vehicle or part thereof is completely enclosed as stated in this chapter, or unless such vehicle 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. (Ord. 2065 § 1(A), 2018; Ord. 1787 § 1, 2006; 1960 code § 13A.12)
10.48.070 Removal of nuisance vehicle – Notice of intention to abate required.
A. A notice of intention to abate and remove any vehicle or part thereof as a public nuisance shall be given prior to abatement and removal thereof, 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. Such notice shall contain a statement of the hearing rights of the owner of the property on which the vehicle or part thereof is located, and the owner of the vehicle. The statement shall include notice to the property owner that he 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 reasons for such denial, in lieu of appearing. The notice of intention shall be mailed, by registered or certified mail, to the owner of the land as shown on the last equalized assessment roll, to the occupant of the land, 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 ownership.
B. If any of the foregoing notices are returned undelivered by the United States Post Office, the hearing shall be continued to a date not less than 10 days from the date of such return.
C. Notice of such hearing shall also be given to the California Highway Patrol, identifying the vehicle or part thereof proposed for removal, such notice to be mailed at least 10 days prior to the public hearings. (Ord. 1787 § 1, 2006; 1960 code § 13A.7)
10.48.080 Intention to abate – Public hearing requirements – Evidence.
A. A public hearing shall be held before the police department vehicle abatement hearing officer upon request for such a hearing by the owner of the vehicle or the owner or occupant of the land on which such vehicle is located. The request must be made to the Chief of Police within 10 days after the mailing of the notice of intention to abate and remove the vehicle. 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 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. If such a request is not received within such period, the police department or other persons authorized by the City Council shall have the authority to remove the vehicle.
B. The owner of the land on which the vehicle is located may 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 reasons for such denial. If it is determined at the hearing that the vehicle was placed on the land without the consent of the landowner and that he has not subsequently acquiesced in its presence, then the City shall not assess costs of administration or removal of the vehicle against the property upon which the vehicle is located, or otherwise attempt to collect such cost from such owner.
C. The vehicle abatement hearing officer shall hear all facts and testimony he or she 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 said private property or public property. The hearing officer shall not be limited by the technical rules of evidence. (Ord. 2065 § 1(A), 2018; Ord. 1787 § 1, 2006; 1960 code § 13A.8)
10.48.090 Abatement ordered when – Costs – Conditions.
A. At the conclusion of the public hearing, the hearing officer may find that a vehicle or part thereof has been wrecked, abandoned, dismantled, or is inoperative on private or public property and in violation of this chapter, and order the same removed from the property as a public nuisance and disposed of as hereinafter provided. The hearing officer may determine the administrative costs and the costs of removal to be charged against the owner of the parcel of land on which the vehicle or part thereof is located. The order requiring removal shall include a description of the vehicle or part thereof and the correct identification number and license number of the vehicle, if known. If, after such hearing, it is determined that the vehicle was placed on the land without the consent of the owner thereof and that such owner has not subsequently acquiesced in its presence, the hearing officer shall not assess 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 landowner.
B. The hearing officer may impose such conditions and take such other action as he or she deems appropriate under the circumstances to carry out the purpose of this chapter. The hearing officer may delay the time for removal of the vehicle or part thereof if, in his opinion, the circumstances justify it.
C. Any person requesting notice in writing of the decision of the hearing officer, whether formally appearing at such hearing or not, shall be so notified. (Ord. 1787 § 1, 2006; 1960 code § 13A.9)
10.48.100 Removal and disposal – Notice requirements.
A. Five days after the adoption of the order declaring the vehicle or part thereof to be a public nuisance, or five days from the date of the mailing of the notice of the decision of the hearing officer, if notice is required as provided in LMC 10.48.090, the vehicle or part may be disposed of by the removal to a scrap yard or automobile dismantling yard of such. After a vehicle has been removed, it shall not thereafter be reconstructed or made operable unless it is a vehicle which qualifies for either horseless carriage license plates or historical value license plates, pursuant to Section 5004 of the Vehicle Code, in which case the vehicle may be reconstructed or made operable.
B. Within five 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 registration certificates, certificates of title, and license plates. (Ord. 1787 § 1, 2006; 1960 code § 13A.10)
10.48.110 Costs – Set by City Council.
The City Council shall, from time to time as necessary, determine and fix the charges to be assessed as administrative costs, excluding the actual cost of removal of any vehicle or part thereof, under this chapter. (Ord. 2065 § 1(A), 2018; Ord. 1787 § 1, 2006; 1960 code § 13A.6)
10.48.120 Costs – Assessment.
If the administrative costs and the cost of removal which are charged against the owner of a parcel of land pursuant to LMC 10.48.110 are not paid within 30 days of the date of the order, 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. Such assessment shall have the same priority as other city taxes. (Ord. 1787 § 1, 2006; 1960 code § 13A.11)