Chapter 9.40 ABANDONED VEHICLES

In addition to and in accordance with the determination made and the authority granted by the state of California under Section 22660 of the Vehicle Code to abate and remove the public nuisances of abandoned, wrecked, dismantled or inoperative vehicles or parts thereof from private or public property including highways, 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, including highways, creates a condition tending to reduce the value of private property, promotes blight and deterioration, invites plundering, creates fire hazards, constitutes an attractive nuisance creating a hazard to the health and safety of minors, creates a harborage for rodents and insects, and is 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, including highways, except as expressly permitted by this chapter, constitutes a public nuisance which may be abated as such in accordance with the provisions of this chapter. [Ord. 1880 N.S. § 2, 1993].

9.40.020 Definitions.

(a) Abandonment. As used in this chapter, in reference to highways, “abandonment” is presumed to have occurred if a vehicle is left 72 hours or more on the highway, or is parked, resting, or otherwise immobilized on any highway or public right-of-way; or it lacks an engine, or transmission, or wheels, or tires, or doors, or windshield, or any other part or equipment necessary to operate safely on the highway. Such vehicles are presumed to be a hazard to public health, safety, and welfare and may be removed immediately upon discovery by a peace officer or other designated employee.

(b) Employee. An “employee” means a city employee designated by the chief of police to do all that is necessary to abate abandoned vehicles.

(c) Highway. A “highway” means a way or place, of whatever nature, publicly maintained and open to the use of the public for purposes of vehicular traffic. Highway includes a street and all or any part of the entire width of the right-of-way of said highway.

(d) Peace Officer. A “peace officer” means an individual as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code.

(e) Vehicle. A “vehicle” is a device in, upon, or by which any person or property is or may be propelled, moved or drawn upon a highway, excepting a device moved by human power or used exclusively upon stationary rails or tracks.

(f) Vehicle, Abandoned. A vehicle is an “abandoned vehicle” if it is left on a highway, public property, or private property in such inoperable or neglected condition that it may be reasonably concluded that the owner intends to relinquish all further rights or interests in it. An abandoned vehicle includes a public nuisance vehicle.

(g) “Vehicle abatement officer” is the chief of police or his or her designee to perform the functions specified in Section 22669 (Removal of Abandoned Vehicles) of the California Vehicle Code.

(h) Vehicle, Dismantled. A “dismantled vehicle” is any vehicle that is partially or wholly disassembled.

(i) Vehicle, Inoperative. An “inoperative vehicle” is any motor vehicle that cannot be moved under its own power.

(j) Vehicle, Public Nuisance. A “public nuisance vehicle” is any vehicle or parts thereof that is abandoned, wrecked, dismantled or inoperative, that is left on public or private property, not including highways; or that creates a condition tending to reduce the value of private property, or promotes blight and deterioration, or invites plundering, or creates fire hazards, or constitutes an attractive nuisance or endangers the health and safety of minors, or harbors rodents or insects, or jeopardizes health, safety, and general welfare.

(k) Vehicle, Wrecked. A “wrecked vehicle” is any vehicle that is damaged to such an extent that it cannot be operated upon the highway. A vehicle which has been wrecked in a traffic accident, and which has been removed from the roadway to a storage facility, but which has not been claimed by its owner will not be considered an abandoned vehicle. [Ord. 1880 N.S. § 2, 1993].

9.40.030 Provisions not exclusive.

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 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. 1880 N.S. § 2, 1993].

9.40.040 Exemptions.

(a) This section shall not apply to:

(1) A vehicle or part 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;

(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, or junkyard. (Authority: Vehicle Code Section 22661(b).)

(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. 1880 N.S. § 2, 1993].

9.40.050 Enforcement authority.

(a) Except as otherwise provided in this chapter or by law, the city designates that the provisions of this chapter shall be administered and enforced by the chief of police or his or her designee.

(b) In the enforcement of this chapter, the “vehicle abatement officer,” as defined in PGMC 9.40.020, having reasonable grounds to believe that a vehicle has been abandoned as determined pursuant to Section 22523 of the California Vehicle Code, 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. (Authority: Vehicle Code Section 22663.) [Ord. 1880 N.S. § 2, 1993].

9.40.060 Authority of peace officer or vehicle abatement officer to remove abandoned vehicles.

Any peace officer or vehicle abatement officer, as defined in PGMC 9.40.020, who has reasonable grounds to believe that a vehicle has been abandoned, may remove the vehicle from a highway or from public or private property. (Authority: Vehicle Code Section 22669.) [Ord. 1880 N.S. § 2, 1993].

9.40.070 Authority of contractor to remove abandoned vehicles.

When the city has contracted with or granted a franchise to any person or persons pursuant to subdivision (a) of Vehicle Code Section 22710, such person or persons may remove a vehicle or parts thereof from a highway or may enter upon private property or public property to remove or cause the removal of a vehicle or parts thereof, after a determination and authorization by a peace officer or vehicle abatement officer that the vehicle is abandoned. (Authority: Vehicle Code Section 22669.) [Ord. 1880 N.S. § 2, 1993].

9.40.080 Authority of contracted person to enter private property.

When the city has contracted with or granted a franchise to person or persons for the abatement of abandoned vehicles, 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 declared to be a nuisance pursuant to this chapter. (Authority: Vehicle Code Sections 22663, 22669.) [Ord. 1880 N.S. § 2, 1993].

9.40.090 Authority of a peace officer to remove vehicles left for 72 hours on a highway.

Any peace officer may remove a vehicle located within the territorial limits in which the officer or vehicle abatement officer may act, when any vehicle is abandoned, parked, or left standing upon a highway for 72 or more consecutive hours. (Authority: Vehicle Code Section 22651(k).) [Ord. 1880 N.S. § 2, 1993].

9.40.100 Authority to immediately remove from highway vehicles which lack necessary equipment.

Motor vehicles which are abandoned, parked, resting or otherwise immobilized on any highway or public right-of-way and which lack an engine, or transmission, or wheels, or tires, or doors, or windshield, or any other part or equipment necessary to operate safely on the highways of this state are a public nuisance and may be removed immediately upon discovery by a peace officer or employee. (Authority: Vehicle Code Section 22669.) [Ord. 1880 N.S. § 2, 1993].

9.40.110 Determination of abatement costs.

The council shall, from time to time, determine and fix an amount to be assessed as vehicle abatement costs, for removal of any vehicle or parts thereof under this chapter. Such costs shall include administrative, hearing, and appeal costs, the salary and overhead of a vehicle abatement officer, vehicle mileage, postage, any necessary photographs, and towing charges. These costs are independent of those costs which might be assessed pursuant to Section 22523(c) of the California Vehicle Code. [Ord. 1880 N.S. § 2, 1993].

9.40.120 Removal – Collection of costs.

If the administrative costs and the cost of removal which are charged against a parcel of land pursuant to PGMC 9.40.150 and 9.40.160 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 25845 of the Government Code and shall be transmitted to the county tax collector for collection. The assessment shall have the same priority as other taxes. In the event that the vehicle was abandoned on a highway, or when the owner of the involved parcel of land is successful in his or her appeal challenging the abatement cost, the last registered owner of record is responsible for the abandonment of the vehicle and is thereby liable for the cost of removal and disposition of the vehicle. [Ord. 1880 N.S. § 2, 1993].

9.40.130 Appeal of abatement costs.

Any appeal challenging the abatement cost assessed in PGMC 9.40.110 must be submitted in writing to the vehicle abatement officer within 15 days of receiving notice of an assessment. The appeal will be reviewed by the vehicle abatement officer or his or her designee. Written findings must be mailed to the appealing party within 15 days of receiving said party’s letter of appeal. [Ord. 1880 N.S. § 2, 1993].

9.40.140 Abandoned vehicles on public or private property excluding a highway.

Upon discovery, on public or private property, excluding a highway, of an abandoned vehicle or a vehicle which lacks an engine, or transmission, or wheels, or tires, or doors, or windshield, or other major part or equipment necessary to operate safely on the highway, the vehicle abatement officer, or his or her designee, shall have the authority to cause the abatement and removal of said vehicle in accordance with the procedure prescribed in this section.

(a) Notice of intention to abate and remove a vehicle or part thereof as a public nuisance shall be given in writing at least 10 days before such abatement and removal, unless the property owner and owner of the vehicle have signed releases authorizing removal and waiving further interest in the vehicle or part thereof. A notice of intention is not required for removal of a vehicle or part thereof inoperable due to the absence of a motor, transmission, or wheels and incapable of being towed, is valued at less than $200.00 by a person specified in California Vehicle Code Section 22855, and is determined to be a public nuisance presenting immediate threat to public health or safety, provided the property owner has signed a release authorizing removal and waiving further interest in the vehicle or part thereof. Prior to final disposition under California Vehicle Code Section 22662 of such a low-valued vehicle or part for which evidence of registration was recovered pursuant to this chapter, the vehicle abatement officer shall provide notice to the registered and legal owners of intent to dispose of the vehicle or part. If the vehicle or part is not claimed and removed within 12 days after the notice is mailed, from a location specified in California Vehicle Code Section 22662, final disposition may proceed.

Neither the city nor its contractor shall be liable for damage caused to a vehicle or part thereof by removal pursuant to this section. (Authority: Vehicle Code Section 22661(c).)

(b) Such notice shall contain a statement of the hearing rights of the owner of the property on which the vehicle is located and the owner of the vehicle. The statement shall include notice to the property owner that he or she may appear in person at a hearing or may present a sworn written statement denying responsibility for the presence of the vehicle on the land with his or her reasons for such denial, in lieu of appearing. If it is determined at the hearing the vehicle was placed on the land without consent of the landowner and he or she has not acquiesced in its presence, 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 costs from such owner. (Authority: Vehicle Code Section 22661(g).)

(c) The notice of intention to abate and remove shall be mailed by registered or certified mail to the owner of the land, as shown on the last equalized 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. (Authority: Vehicle Code Section 22661(d).) [Ord. 1880 N.S. § 2, 1993].

9.40.150 Removal – Request for hearing.

(a) A public hearing shall be held before the vehicle abatement officer, or his or her designee, upon request for such hearing by the owner of the vehicle or the owner of the land on which such vehicle is located. The request shall be made in writing within 10 days after the mailing of notice of intention to abate and remove the vehicle. (Authority: Vehicle Code Section 22661(e).)

(b) The owner of the land on which the vehicle is located is authorized to appear in person at the hearing or present a sworn written statement denying responsibility for the presence of the vehicle on his or her land within such time period with his or her reason for such denial. This statement shall be construed as a request for a hearing which does not require the presence of the owner submitting such request. (Authority: Vehicle Code Section 22661(g).)

(c) If such a request is not received within such period, the vehicle abatement officer, or his or her designee, shall cause the removal of said vehicle. In such cases the vehicle abatement officer, or his or her designee, shall assess administrative and removal costs. (Authority: Vehicle Code Section 22661(e).)

(d) Fifteen days’ notice of hearing shall be mailed to all parties requesting a hearing and to all land owners who have submitted sworn written statements denying liability. [Ord. 1880 N.S. § 2, 1993].

9.40.160 Removal – Hearing procedure.

(a) All hearings under this chapter shall be before the vehicle abatement officer or his or her designee, who shall hear all relevant facts and testimony. The 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 vehicle abatement officer, or his or her designee, shall not be limited by the technical rules of evidence. The owner of land on which the vehicle is located or his or her written designee may appear in person at the hearing or may present a sworn written statement denying responsibility for the presence of the vehicle on the land, with his or her reasons for such denial.

(b) The vehicle abatement officer, or his or her designee, may impose such conditions and take such other appropriate action as he or she is authorized under the California Vehicle Code under the circumstances to carry out the purpose of this chapter. Any such action may delay the time for removal of the vehicle or part thereof, if the circumstances justify it. At the conclusion of the hearing, the vehicle abatement officer, or his or her designee, 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 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 an interested person makes a written presentation to the vehicle abatement officer, or his or her designee, but does not appear, that person shall be notified in writing of any decision within five working days. [Ord. 1880 N.S. § 2, 1993].

9.40.170 Removal – Disposal, disposition of abandoned vehicles.

(a) Upon removal of a vehicle as provided under PGMC 9.40.150, or not less than 30 days after action by the vehicle abatement officer, or his or her designee, authorizing removal, whichever comes first, the vehicle or parts thereof may be disposed of by removal to a scrap yard, automobile dismantler’s yard, or other suitable site. (Authority: Vehicle Code Section 22662.)

(b) Prohibition Against Reconstruction. After a vehicle has been removed, it shall not thereafter be reconstructed or be made operable, unless it is a vehicle which qualifies for either horseless carriage license plates or historical vehicle license plates, pursuant to Vehicle Code Section 5004, in which case the vehicle may be reconstructed or made operable. (Authority: Vehicle Code Section 22661(f).) [Ord. 1880 N.S. § 2, 1993].

9.40.180 Removal – Notice to Department of Motor Vehicles.

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. (Authority: Vehicle Code Section 22661(a).) [Ord. 1880 N.S. § 2, 1993].

9.40.190 Removal – Notice to Department of Justice.

(a) Whenever an officer or an employee removing a California-registered vehicle from a highway or from public property for storage under this chapter does not know and is not able to ascertain the name of the owner or for any other reason is unable to give notice to the owner as required by Section 22852 of the California Vehicle Code, the officer or employee shall immediately notify, or cause to be notified, the Department of Justice stolen vehicle system, of its removal. The officer or employee shall file a notice with the proprietor of any public garage in which the vehicle may be stored. The notice shall include a complete description of the vehicle, the date, time, and place from which removed, the amount of mileage on the vehicle at the time of removal, and the name of the garage or place where the vehicle is stored.

(b) Whenever an officer or an employee removing a vehicle not registered in California from a highway or from public property for storage under this chapter does not know and is not able to ascertain the owner or for any other reason is unable to give the notice to the owner as required by Section 22852 of the California Vehicle Code, the officer or employee shall immediately send, or cause to be sent, a written report of the removal by mail to the Department of Justice at Sacramento and shall file a copy of the notice with the proprietor of any public garage in which the vehicle may be stored. The report shall be made on a form furnished by that department and shall include a complete description of the vehicle, the date, time, and place from which the vehicle was removed, the amount of mileage on the vehicle at the time of removal, the grounds for removal, and the name of the garage or place where the vehicle is stored.

(c) Whenever an officer or employee or private party removing a vehicle from a private property for storage under this chapter does not know and is not able to ascertain the name of the owner or for any other reason is unable to give the notice to the owner as required by Section 22852 of the California Vehicle Code, and if the vehicle is not returned to the owner within a period of 120 hours, the officer or employee or private party shall immediately send, or cause to be sent a written report of the removal by mail to the Department of Justice at Sacramento and shall file a copy of the notice with the proprietor of any public garage in which the vehicle may be stored. The report shall be made on a form furnished by that department and shall include a complete description of the vehicle, the date, time, and place from which the vehicle was removed, the amount of mileage on the vehicle at the time of removal, the grounds for removal, and the name of the garage or place where the vehicle is stored. (Authority: Vehicle Code Section 22853.) [Ord. 1880 N.S. § 2, 1993].

9.40.200 Storage of vehicle, mileage.

(a) Whenever a peace officer or employee removes a vehicle from a highway, or from public or private property, unless otherwise provided, he or she shall take the vehicle to the nearest garage or other place of safety or to a garage designated by the city, where the vehicle shall be placed in storage. (Authority: Vehicle Code Section 22850.)

(b) At the time of removal, the officer or employee shall determine the amount of mileage on the vehicle. (Authority: Vehicle Code Section 22850.)

(c) A vehicle placed in storage shall be released to the owner or person in control of the vehicle only if the owner or person furnishes, to the law enforcement agency or employee who placed the vehicle in storage, satisfactory proof of current registration. [Ord. 1880 N.S. § 2, 1993].

9.40.210 Notice and hearing rights – Low-value vehicles.

If any peace officer or vehicle abatement officer or employee determines that an abandoned vehicle or vehicle parts have a value not exceeding $300.00, that person shall provide notice and the opportunity for a hearing and disposal in accordance with Vehicle Code Sections 22851.2 through 22851.12. [Ord. 1880 N.S. § 2, 1993].

9.40.220 Storage, notice and hearing.

Whenever a peace officer or employee directs the storage of any vehicle, the vehicle’s registered and legal owners of record, or their agents, shall be given notice and the opportunity for a post-storage hearing if required by Vehicle Code Section 22852. [Ord. 1880 N.S. § 2, 1993].

9.40.230 Notice to California Highway Patrol.

An employee, other than a peace officer, designated to remove vehicles pursuant to Section 22669 of the Vehicle Code may do so only after he or she has mailed or personally delivered a written report identifying the vehicle and its location to the department of California Highway Patrol located nearest to the vehicle. (Authority: Vehicle Code Section 22669(c).) [Ord. 1880 N.S. § 2, 1993].

9.40.240 Enforcement.

(a) Unlawful to Abandon or Store – 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 part 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 30 days, unless such vehicle or part 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, licensed vehicle dealer, or a junkyard.

(b) Unlawful to Fail or Refuse to Remove. It is unlawful and a misdemeanor for any person to fail or refuse to remove an abandoned, wrecked, dismantled, or inoperative vehicle or part 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.

(c) No person shall abandon a vehicle upon any highway. Any violation of this section constitutes an infraction. (Authority: Vehicle Code Section 22523.)

(d) Every person who parks or leaves a vehicle on a highway for 72 consecutive hours or more is guilty of an infraction. (Authority: Vehicle Code Section 22651(k).)

(e) No person shall abandon a vehicle upon public or private property without the express or implied consent of the owner or person in lawful possession or control of the property. Any violation of this section constitutes a misdemeanor. (Authority: Vehicle Code Section 22523.)

(f) Any person convicted of a violation of this section shall be billed as set forth in PGMC 9.40.110 and 9.40.120.

(g) Proof that the costs of removal and disposition of the vehicle have been paid shall not be required if proof is provided to the court that the vehicle was stolen prior to abandonment. Proof may consist of a police report or other evidence acceptable to the court. (Authority: Vehicle Code Section 22523.)

(h) Violations of any provision of this chapter may be enforced pursuant to Chapter 1.16 PGMC. [Ord. 08-006 § 21, 2008; Ord. 1880 N.S. § 2, 1993].