Chapter 6.12
INOPERATIVE VEHICLE ABATEMENT
Sections:
6.12.010 Council findings – Nuisance.
6.12.030 Exceptions to chapter.
6.12.040 Provisions nonexclusive.
6.12.060 Authorized entry upon premises.
6.12.090 Hearing – Highway Patrol notice.
6.12.130 Removal notice to Motor Vehicle Department.
6.12.010 Council findings – Nuisance.
In addition to and in accordance with the determination made and the authority granted by the State of California under Cal. Veh. Code § 22660 to remove abandoned, wrecked, dismantled or inoperative vehicles or parts thereof as public nuisances, the City Council of Mt. Shasta 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 part 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. 295 § 1, 1971)
6.12.020 Definitions.
As used in this chapter:
(A) “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, and shall include abandoned, wrecked, dismantled or inoperative vehicles or parts thereof.
(B) “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.
(C) “Public property” does not include “highway.” (Ord. 295 § 1, 1971)
6.12.030 Exceptions to chapter.
This chapter shall not apply to:
(A) A vehicle or part thereof which is not visible from the street or other public or private property; or
(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, a junk dealer, or when such storage or parking is necessary to the operation of a lawfully conducted business or commercial enterprise.
Nothing in this section shall authorize the maintenance of a public or private nuisance as defined under provisions of law other than Cal. Veh. Code Division 11, Chapter 10 (commencing with Section 22650) and this chapter. (Ord. 295 § 2, 1971)
6.12.040 Provisions nonexclusive.
This chapter is not the exclusive regulation of abandoned, wrecked, dismantled or inoperative vehicles within the incorporated area of the City of Mt. Shasta. It shall supplement and be in addition to the other regulatory codes, statutes, and ordinances heretofore or hereafter enacted by the County, the State, or any other legal entity or agency having jurisdiction. (Ord. 295 § 3, 1971)
6.12.050 Enforcement.
Except as otherwise provided herein, the provisions of this chapter shall be administered and enforced by the Chief of Police of the City of Mt. Shasta. In the enforcement of this chapter such officer and his subordinates 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 part thereof declared to be a nuisance pursuant to this chapter. (Ord. 295 § 4, 1971)
6.12.060 Authorized entry upon premises.
The City Council of Mt. Shasta may authorize any person to enter upon specified 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. 295 § 5, 1971)
6.12.070 Removal costs fixed.
The City Council of Mt. Shasta 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 part thereof, under this chapter. (Ord. 295 § 6, 1971)
6.12.080 Hearing – Holding.
A public hearing shall be held on the question of abatement and removal of the vehicle or part thereof as an abandoned, wrecked, dismantled or inoperative vehicle and the assessment of the administrative costs and the cost of removal of the vehicle or part thereof against the property on which it is located.
Notice of hearing shall be mailed at least 10 days before the hearing by certified mail, with a five-day return requested, to the owner of the land as shown on the last equalized County assessment roll and to the last registered and legal owner of record unless the vehicle is in such condition that identification numbers are not available to determine ownership. 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. (Ord. 295 § 7, 1971)
6.12.090 Hearing – Highway Patrol notice.
Notice of 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 hearing. (Ord. 295 § 8, 1971)
6.12.100 Hearing – Procedure.
(A) All hearings under this chapter shall be held before the City Parking Citation Referee, as established in Chapter 1.03 MSMC, Enforcement of Code.
(B) The hearing officer may impose such conditions and take such other action as he deems appropriate under the circumstances to carry out the purpose of this chapter. He may delay the time for removal of the vehicle or part thereof if, in his opinion, the circumstances justify it. At the conclusion of the public hearing, the hearing officer may find that the 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 hereinafter provided and 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 available at the site.
(C) 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 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 land owner.
(D) If an interested party makes a written presentation to the hearing officer but does not appear, he shall be notified in writing of the decision. (Ord. CCO-96-07 § 45, 1996; Ord. 295 § 9, 1973)
6.12.110 Decision appeal.
Any interested party may appeal the decision of the hearing officer by filing a written notice of appeal with the City Clerk of Mt. Shasta within five days after the decision of the hearing officer.
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 and those persons specified in MSMC 6.12.080.
In conducting the hearing the City Council shall not be limited by the technical rules of evidence. (Ord. 295 § 10, 1973)
6.12.120 Removal when.
Five days after adoption of the order declaring the vehicle or parts thereof to be a public nuisance, five days from the date of mailing of notice of the decision if such notice is required by MSMC 6.12.100, or 15 days after such action of the governing body authorizing removal following appeal, the vehicles or parts thereof may be disposed of by removal to a scrap yard or automobile dismantler’s yard, or to a site operated by the City of Mt. Shasta, as directed by the hearing officer or City Council. After a vehicle has been removed it shall not thereafter be reconstructed or made operable. (Ord. 295 § 11, 1973)
6.12.130 Removal notice to Motor Vehicle Department.
Within five days after the date of removal of the vehicle or part thereof, notice shall be given to the 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. 295 § 12, 1973)
6.12.140 Cost assessment.
If the administrative costs and the cost of removal which are charged against the owner of a parcel of land pursuant to MSMC 6.12.100 are not paid within 30 days of the date of the order, or the final disposition of an appeal therefrom, such costs shall be assessed against the parcel of land pursuant to Cal. Gov’t Code § 25845 and shall be transmitted to the tax collector for collection. The assessment shall have the same priority as other County taxes. (Ord. 295 § 13, 1973)