CHAPTER 7
ABANDONED VEHICLES
4.7.002 Findings and Policy.
a. This chapter is adopted under Sections 22660, 22669, and 22710 of the California Vehicle Code to effectuate the removal of abandoned, wrecked, dismantled and inoperative vehicles or vehicle parts from private property or from public property, including highways, and the recovery of costs of administration and removal of such violations.
b. The City of Oakley finds and declares that the accumulation and storage of abandoned, wrecked, dismantled and inoperative vehicles or vehicle parts on private or public property, including highways, creates 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 health and safety, to create a harborage for rodents and insects, and to be injurious to public health, safety and general welfare.
c. Based on the foregoing, the presence of an abandoned, wrecked, dismantled or inoperative vehicle or vehicle parts, on private or public property, including highways, except as expressly hereinafter permitted, constitutes a public nuisance that may be abated as such in accordance with the provisions of this chapter.
(Sec. 1, Ordinance No. 14-15, adopted November 10, 2015)
4.7.004 Exemptions.
a. The storage of up to three nuisance vehicles, or parts thereof, on a residential lot or parcel of one acre or less shall be exempt from this chapter under the following conditions:
1) That all of the vehicles, or parts thereof, are stored either in a completely enclosed building, or
2) That all of the vehicles, or parts thereof, are stored in the property’s side or rear yard, and are not visible from the street or streets that abut the property. Vehicles located in a side or rear yard and screened by a solid fence or wall or by a chain-link fence with wooden slats shall be deemed not visible from the street or streets that abut the property.
b. This chapter shall not apply to a vehicle or part thereof that is stored or parked in a lawful manner or on private property in connection with the business of a licensed dismantler, licensed vehicle dealer, or junkyard, or when such storage or parking is otherwise necessary to the operation of a lawfully conducted business or commercial enterprise.
c. Nothing in this section shall be construed to authorize the maintenance of a public or private nuisance as defined under provisions of law other than this chapter and Chapter 10 of Division 11 of the California Vehicle Code.
d. The storage of abandoned, wrecked, dismantled, or inoperative vehicles in compliance with this section shall not constitute the operation of a junkyard or require a permit, as provided for in the Zoning Ordinance, unless such storage is for any commercial purpose.
(Sec. 2, Ordinance No. 14-15, adopted November 10, 2015)
4.7.006 Definitions.
Unless otherwise specifically provided, or unless the context requires otherwise, the following terms have the following meanings:
a. "Abandoned vehicle" means any vehicle that either (1) has been left on private property or public property and in which the owner has no active interest and no intent to again claim a right or interest or (2) has been left stationary for more than 72 hours on property that is neither open to the public for parking nor part of the public right of way, without the consent of the person or entity that lawfully owns, controls, or occupies that property.
b. "Dismantled vehicle" means a vehicle from which an essential part of the power train, a wheel, any part necessary to operate the vehicle, or any part of the body has been removed and not reinstalled within 45 days of its removal. A vehicle can be "dismantled" whether or not it is in an operative condition.
c. "Enforcement Officer" refers to the official of the City of Oakley designated as responsible for administering and enforcing the provisions of this chapter. The Enforcement Officer shall be a regularly salaried full-time employee of the City.
d. "Inoperative vehicle" means any vehicle that, for a period of at least 45 days, has been maintained in a state such that, either legally or structurally, it cannot be driven on public streets without (1) installing a missing part, (2) replacement of a defective part, or (3) registration and licensing.
e. "Nuisance vehicle" means an abandoned, wrecked, dismantled, or inoperative vehicle, as defined herein.
f. "Owner of land" and "landowner" mean the owner, as shown on the last equalized assessment roll, of the land on which a nuisance vehicle is located.
g. "Owner of the vehicle" and "vehicle owner" include the last owner, registered owner, and legal owner of record.
h. Vehicle Code Terms. Terms such as "California Highway Patrol (CHP)," "highway," "legal owner," "owner," "registered owner," and "vehicle," which are specifically defined in the Vehicle Code have the same meaning as provided therein.
i. "Wrecked vehicle" means a vehicle that has suffered physical damage to the extent that it either physically or legally cannot be driven on public streets.
4.7.008 Enforcement Authority.
The Community Development Director of the City of Oakley, or his or her designee, shall be the Enforcement Officer for the purposes of this chapter. The Enforcement Officer shall be responsible for enforcing and administering this chapter, except that, in addition to the Enforcement Officer, any other duly authorized persons may enter upon private or public 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 nuisance vehicle or part thereof declared to be a public nuisance by or pursuant to this chapter. Prior to entering upon private property for the purpose of inspection or abatement under this chapter, the Enforcement Officer shall obtain the consent of the owner or person in lawful possession of the property or a warrant, as required by the United States and California Constitutions.
4.7.010 Notice of Intention to Abate.
a. The Enforcement Officer shall mail a 10-day notice of intention to abate and remove a nuisance vehicle as a public nuisance, by registered or certified mail, to the owner of the land, anyone known to be lawfully in possession of the land, and the owner of the vehicle, unless the vehicle is in such condition that identification numbers are not available to determine ownership. No such notice shall be required if the property owner and the vehicle owner have signed releases authorizing removal and waiving further interest in the vehicle or part thereof.
b. The notice shall contain an estimate of the cost of abatement, including administrative and removal costs, and a statement that the cost may be levied as a special assessment on the land on which the vehicle or part thereof is located, as provided for in Section 4.7.026. The notice shall also contain a statement of the hearing rights, under Section 4.7.012, of the vehicle owner and the possessor and owner of the property on which the vehicle or part thereof is located. Additionally, the notice shall state that, if the vehicle or part thereof is determined to be a public nuisance, it may be destroyed subsequent to its removal from the land.
c. If the property owner has signed a release authorizing removal and waiving further interest in the nuisance vehicle or part thereof, notice of intention to abate, as provided for in this section, 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 by a person specified in Section 22855 of the Vehicle Code, and is determined by the Enforcement Officer to be a public nuisance presenting an immediate threat to public health or safety. The Enforcement Officer shall not, under Vehicle Code Section 22662, dispose of such a vehicle or part for which evidence of registration was recovered, unless he or she has provided notice to the registered and legal owners of intent to dispose of the vehicle or part, and the vehicle or part is not claimed and removed within 12 days after the notice is mailed. Neither the City nor its contractor shall be liable for damage caused to a vehicle or part thereof by removal pursuant to this section.
4.7.012 Hearing Requests.
a. Within 10 days after the mailing date of the notice of intention to abate and remove, the vehicle owner or the owner or possessor of the property may submit a request to the Enforcement Officer for a public hearing on the questions of abatement and removal and whether the administrative costs and the costs of abatement and removal should be assessed against the land on which the vehicle or part thereof is located.
b. If, within that 10-day period, the landowner or person in lawful possession of the land submits a sworn written statement denying responsibility for the presence of the vehicle on the land, with his or her reasons for such denial, that statement shall be construed as a request for a hearing that does not require his or her presence.
c. If no disclaimer or request for hearing is received within the 10-day period following notification of the City’s intention to abate, the Enforcement Officer or any person he or she authorizes shall abate and remove the vehicle or parts thereof. Thereafter, the costs of abatement shall be collected pursuant to the provisions of this chapter.
d. When a hearing is requested, the Enforcement Officer shall set a hearing date and shall mail notice of the hearing, at least 10 days before the hearing date, to the Oakley City Manager, the landowner, any known lawful possessor of the parcel, and the vehicle owner, unless the vehicle is in such condition that identification numbers are not available to determine ownership.
4.7.014 Hearings.
All hearings under this chapter shall be held before the Enforcement Officer who shall review all evidence he or she deems material, including but not limited to the condition of the vehicle or parts thereof, the circumstances of its abandonment and location, and the estimated cost of abatement. The hearing shall not be limited by the technical rules of evidence. The landowner may appear in person or present a sworn written statement, in time for consideration at the hearing, denying responsibility for the presence of the vehicle or part thereof on his or her land with his or her reasons for such denial.
4.7.016 Decisions.
a. The Enforcement 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. He or she may delay the time for removal of the vehicle or part thereof, if in his or her opinion, the circumstances justify it. At the conclusion of the public hearing, the Enforcement Officer may find that the vehicle or part thereof is abandoned and a public nuisance and may order it abated and removed and disposed of as hereinafter provided. The Enforcement Officer may also determine the cost of abatement, if any, to be charged to the landowner. The order requiring removal shall include a description of the nuisance vehicle or part thereof and the correct identification number and license number of the vehicle, if available.
b. If it is determined at the hearing that the vehicle or part thereof was placed on the land without the consent of the landowner, and that he or she has not subsequently acquiesced in its presence, the Enforcement Officer shall not assess the cost of abatement against the property upon which the vehicle or part thereof is located or otherwise attempt to collect such costs from such landowner.
c. If an interested party makes a written presentation to the Enforcement Officer but does not appear, he or she shall be notified in writing of the Enforcement Officer’s decision.
4.7.018 Appeals.
a. The Enforcement Officer, landowner, any known lawful possessor of the land, or the vehicle owner may appeal the Enforcement Officer’s decision by filing a written notice of appeal with the City Clerk within 10 calendar days after the Enforcement Officer’s decision. The City Clerk shall promptly transmit the appeal request along with the evidence and decision of the Enforcement Officer to the City of Oakley City Manager or designee, which shall hold a public hearing thereon.
b. The City Clerk shall promptly set a date for the hearing and give written notice of the time and place of the hearing to the persons and in the manner prescribed in Section 4.7.010.
c. The City Manager shall hold a public hearing de novo on the appeal. The City Manager shall succeed to and may exercise all powers otherwise vested in the Enforcement Officer, including the power to affirm, amend or reverse the Enforcement Officer’s order, and to take other action he or she deems appropriate. It shall not be limited by the technical rules of evidence.
4.7.020 Abatement Action.
a. Nuisance vehicles and parts thereof may be disposed of by removal to a scrap yard or automobile dismantler’s yard when:
1) Releases authorizing removal and waiving further interest in the vehicle or parts thereof have been signed, pursuant to Section 4.7.010, by the owner of the land on which it is located; or
2) By the end of the 10-day notice period, there is no reply to the notice of intent to abate provided pursuant to Section 4.7.010; or
3) The Enforcement Officer, after a hearing, decides that the vehicle or part thereof constitutes a public nuisance and is to be removed and abated and no appeal is made; or
4) After a public hearing de novo on an appeal, the City Manager determines that the vehicle or part thereof constitutes a public nuisance and should be removed and abated.
b. After a vehicle has been removed, it shall not thereafter be reconstructed or made operable, unless it is a vehicle that qualifies for either horseless carriage or historical vehicle license plates.
4.7.022 Notice to Department of Motor Vehicles.
Within five days after removal of an nuisance vehicle or part thereof, the Enforcement Officer shall provide notice to the California Department of Motor Vehicles, identifying the vehicle or part thereof. The Enforcement Officer shall send with such notice any evidence of registration available, including but not limited to registration certificates, certificates of title, and license plates.
4.7.024 Cost Record.
When the Enforcement Officer intends to collect costs incurred in abating a nuisance vehicle or part thereof, he or she shall prepare an itemized written account of such expenses, including but not limited to administrative and legal costs. Until such report is completed, no abatement costs will be placed as a special assessment against the parcel of land.
4.7.026 Cost Collection.
a. If the cost of abatement charged against the land from which the vehicle or part thereof was removed and abated is not paid within 30 days after the completed abatement, the date of the order, or the final disposition of an appeal therefrom, whichever is later, such cost shall be assessed as a special assessment against the land. The assessment shall be collected at the same time and in the same manner as ordinary City taxes are collected and shall be subject to the same penalties and the same procedure and sale in case of delinquency as provided for ordinary City taxes. All laws applicable to the levy, collection, and enforcement of City taxes shall be applicable to such assessment.
b. The enforcement officer shall record at the office of the Contra Costa County Recorder and deliver to the Auditor-Controller a certificate substantially in the following form:
"NOTICE OF ASSESSMENT AND ABATEMENT LIEN"
(Nuisance Vehicle Abatement Costs)
Pursuant to the California Vehicle Code, Government Code, and Oakley Municipal Code, the City of Oakley abated a nuisance vehicle that constituted a public nuisance on the parcel of real property described below, of which the named person(s) appears as the owner on the last equalized assessment roll. The City fixed the below-shown amount as the cost of abatement and hereby claims a special assessment against said parcel for that amount.
RECORD OWNER’S LAST KNOWN ADDRESS...
POSSESSOR(S) (if different from owner) LAST KNOWN ADDRESS...
DATE ABATEMENT ORDERED:
__________________________________
DATE ABATEMENT COMPLETED:
________________________________
PARCEL NO.:
_________________________________________________
AMOUNT OF ABATEMENT COSTS:
$______________________________
DATED: _______________________
City of Oakley
By: ______________________________________
Code Enforcement Officer
4.7.028 Violations.
a. Any person who causes or permits the storage of an abandoned, wrecked, dismantled, or inoperative vehicle or part thereof on private or public property, including highways, is guilty of an infraction.
b. Any person who fails or refuses to abate and remove an abandoned, wrecked, dismantled, or inoperative vehicle or part thereof from public or private property, including highways, after having received notice pursuant to Section 4.7.010, is guilty of an infraction.
c. Any person who prevents or refuses to permit the entrance of the Enforcement Officer or other duly authorized person upon private property or public property, not including highways, to examine a vehicle or part thereof, to obtain information as to the identity of a vehicle or part thereof, or to remove or cause the removal of a vehicle or part thereof declared to be a public nuisance by or pursuant to this chapter is guilty of an infraction.
4.7.030 Nonexclusive 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.
4.7.032 Severability.
a. If any provision of this chapter or the application thereof to any person or circumstance is held invalid by a court of competent jurisdiction, the remainder of the chapter, including the application of such part or provision to other persons or circumstances, shall not be affected thereby and shall continue in full force and effect. To that end, the provisions of the chapter are severable.
b. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause, or phrase hereof irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses, or phrases be held unconstitutional, invalid or unenforceable.