Chapter 8.12
ABANDONED VEHICLES
Sections:
8.12.010 Findings and declarations.
8.12.022 Removal – Refusal prohibited.
8.12.040 Regulation not exclusive.
8.12.050 Administration and enforcement.
8.12.060 Removal – Right of entry onto property.
8.12.070 Removal – Cost determination.
8.12.100 Removal – Hearing – Notice.
8.12.110 Removal – Hearing – Conduct and determination.
8.12.120 Removal – Decision appeal.
8.12.130 Disposal, sale or storage of removed vehicle.
8.12.131 Notice to Department of Motor Vehicles.
8.12.140 Removal – Cost assessment.
8.12.010 Findings and declarations.
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 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, not including highways, except expressly as hereinafter permitted, is a public nuisance which may be abated as such in accordance with the provisions of this chapter. [Ord. 664 C.S. § 1, 1973.]
8.12.020 Definitions.
As used in this chapter:
A. “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.
B. “Owner of the land” means the owner of the land on which the vehicle, or parts thereof, is located, as shown on the last equalized assessment roll.
C. “Owner of the vehicle” means the last registered owner and legal owner of record.
D. “Public property” does not include “highway.”
E. “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.
F. “Inoperable” means a vehicle that is either of the following: unlicensed; nonoperational for purposes of the State Department of Motor Vehicles; does not have valid, current registration; is incapable of being operated; or is otherwise prohibited by state law from being driven or operated. [Ord. 97-1129 § 2, 2003; Ord. 664 C.S. § 1, 1973.]
8.12.021 Storage regulations.
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 parts 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 five days, unless such vehicle, or parts thereof, is completely enclosed within a building as hereinabove described so that 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. [Ord. 935 § 9, 1987; Ord. 664 C.S. § 14, 1973.]
8.12.022 Removal – Refusal prohibited.
It is unlawful and a misdemeanor for any person to fail or refuse to remove an abandoned, wrecked, dismantled or inoperative vehicle, or parts 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. [Ord. 935 § 9, 1987; Ord. 664 C.S. § 15, 1973.]
8.12.030 Exemptions.
A. This chapter shall not apply to:
1. A vehicle, or parts 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; or
2. A vehicle, or parts 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 2 of the Vehicle Code and this chapter. [Ord. 664 C.S. § 2, 1973.]
8.12.040 Regulation 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 the other regulatory codes, statutes and ordinances heretofore or hereafter enacted by the city, and state or any other legal entity or agency having jurisdiction. [Ord. 664 C.S. § 3, 1973.]
8.12.050 Administration and enforcement.
Except as otherwise provided in this chapter, this chapter shall be administered and enforced by the chief of police of the city and his designated police officers. In the enforcement of this chapter, an officer 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 parts thereof, declared to be a nuisance under this chapter.
The chief of police shall also designate which of his regularly employed and salaried police officers shall be authorized to make appraisals of the value of vehicles for the purpose of this chapter. [Ord. 935 § 9, 1987; Ord. 664 C.S. § 4, 1973.]
8.12.060 Removal – Right of entry onto property.
When the city council has contracted 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 vehicle, or parts thereof, declared to be a nuisance pursuant to this chapter. [Ord. 664 C.S. § 5, 1973.]
8.12.070 Removal – Cost determination.
The city council shall from time to time determine and fix an amount to be assessed as administrative costs, as well as the actual cost of removal of any vehicle, or parts thereof, under this chapter. [Ord. 664 C.S. § 6, 1973.]
8.12.080 Removal – Authority.
Upon discovering the existence of an abandoned, wrecked, dismantled or inoperative vehicle, or parts thereof, on private property or public property within the city, the chief of police of the city shall have the authority to cause the abatement and removal thereof in accordance with the procedure prescribed in this chapter. [Ord. 664 C.S. § 7, 1973.]
8.12.090 Removal – Notice.
A. Notice of Intention. A 10-day notice of intention to abate and remove the vehicle or part thereof as a public nuisance shall be mailed by registered or certified mail to:
1. The owner of the land where the vehicle is located (as shown on the last equalized assessment roll); and
2. 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. Exception. Notwithstanding the notice requirement in subsection (A) of this section, a notice of intention is not required if:
1. The property owner and vehicle owner have signed releases authorizing removal and waiving further interest in the vehicle or part thereof; or
2. All of the following apply: the vehicle or part thereof is (a) on a parcel zoned for agricultural use not improved with a residence, (b) inoperable due to the absence of a motor, transmission or wheels and incapable of being towed, (c) valued at less than $200.00, and (d) determined by the city to be a public nuisance presenting an immediate threat to public health or safety; provided, that the property owner has signed a release authorizing removal and waiving further interest in the vehicle or part thereof. If evidence of registration is recovered under PMC 8.12.131 the city shall provide notice to the registered and legal owners of intent to dispose of the vehicle before final disposition. If the vehicle or part is not claimed and removed within 12 days after notice, final disposition may proceed.
C. Notice to Land Owner. A notice of intention to the owner of the land on which the vehicle or parts are located shall be in substantially the following form:
NOTICE OF INTENTION TO ABATE AND REMOVE AN ABANDONED, WRECKED, DISMANTLED OR INOPERATIVE VEHICLE, OR PARTS THEREOF, AS A PUBLIC NUISANCE
(Name and address of owner of land)
As owner of the land located at (address) , you are hereby notified that the vehicle or parts thereof described as follows ___________________ _______ and located on your property, constitutes a public nuisance under Pittsburg Municipal Code Chapter 8.12.
You are hereby notified to abate the nuisance by removing the vehicle or parts within 10 days from the date of mailing of this notice. If you fail to do so, the vehicle or parts thereof will be abated and removed by the City of Pittsburg and the costs, together with administrative costs, assessed to you as owner of the land.
You may, within 10 days after the mailing of this notice of intention, request a public hearing before the Chief of Police or submit a sworn written statement denying responsibility for the presence of the vehicle on the land, with the reasons for the denial, in lieu of appearing. You may appear in person at any hearing requested by you or the vehicle owner. If such a request is not received within 10 days, the Chief of Police shall have the authority to abate and remove the vehicle, or parts, as a public nuisance and assess the costs without a public hearing.
Notice mailed:______________________
_________________________
Chief of Police
D. Notice to Vehicle Owner. A notice of intention to the last registered and legal owners of record of the vehicle shall be in substantially the following form:
NOTICE OF INTENTION TO ABATE AND REMOVE AN ABANDONED, WRECKED, DISMANTLED OR INOPERATIVE VEHICLE, OR PARTS THEREOF, AS A PUBLIC NUISANCE
(Name and address of last registered and/or legal owner of record of vehicle – notice should be given to both if different)
As last registered (and/or legal) owner of record of (description of vehicle-make, model, license, etc.), you are hereby notified that the vehicle, or parts thereof, exists as an abandoned, wrecked, dismantled or inoperative vehicle at (describe location on public or private property) and constitutes a public nuisance under Pittsburg Municipal Code Chapter 8.12.
You are hereby notified to abate the nuisance by removing the vehicle (or parts) within 10 days from the date of mailing of this notice.
You may, within 10 days after the mailing of this notice of intention, request a public hearing. If such a request is not received by the Chief of Police within 10 days, the Chief of Police shall have the authority to abate and remove the vehicle (or parts) without a hearing at your expense for towing, storage and administrative costs.
Notice mailed:______________________
_________________________
Chief of Police
[Ord. 935 § 9, 1987; Ord. 664 C.S. § 8, 1973.]
8.12.100 Removal – Hearing – Notice.
Upon request by the owner of the vehicle or owner of the land received by the chief of police within 10 days after the mailing of notices of intention to abate and remove, a public hearing shall be held by the chief of police of the city on the question of abatement and removal of the vehicle, or parts 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 parts of a vehicle, against the property on which it is located.
If the owner of the land submits a sworn written statement denying responsibility for the presence of the vehicle on his land within such 10-day period, the statement shall be construed as a request for hearing which does not require his presence. Notice of the hearing shall be mailed, by registered mail, at least 10 days before the hearing to the owner of the land and to the owner of the vehicle, unless the vehicle is in such condition that identification numbers are not available to determine ownership. If such a request for hearing is not received within 10 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 parts thereof, as a public nuisance without holding a public hearing. [Ord. 664 C.S. § 9, 1973.]
8.12.110 Removal – Hearing – Conduct and determination.
All hearings under this chapter shall be held before the chief of police of the city who shall hear all facts and testimony he deems pertinent. The facts and testimony may include testimony on the condition of the vehicle, or parts thereof, and the circumstances concerning its location on the private property or public property. The chief of police of the city 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 his reasons for such denial.
The chief of police of the city 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 parts thereof, if, in his opinion, the circumstances justify it. At the conclusion of the public hearing, the chief of police of the city may find that a vehicle, or parts 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 cost of removal to be charged against the owner of the land. The order requiring removal shall include a description of the vehicle, or parts thereof, and the correct identification number and license number of the vehicle, if available at the site.
If it is determined at the hearing that the vehicle was placed on the land without the consent of the owner of the land and that he has not subsequently acquiesced in its presence, the chief of police of the city shall not assess the costs of administration or removal of the vehicle against the property upon which the vehicle is located or otherwise to collect such costs from such owner of the land.
If the owner of the land submits to a sworn written statement denying responsibility for the presence of the vehicle on his land but does not appear, or if an interested party makes a written presentation to the chief of police of the city but does not appear, he shall be notified in writing of the decision. [Ord. 664 C.S. § 10, 1973.]
8.12.120 Removal – Decision appeal.
Any interested party may appeal the decision of the chief of police of the city by filing a written notice of appeal with the chief of police of the city within five days after his decision.
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 PMC 8.12.090.
In conducting the hearing, the city council shall not be limited by the technical rules of evidence. [Ord. 664 C.S. § 11, 1973.]
8.12.130 Disposal, sale or storage of removed vehicle.
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 PMC 8.12.110, or 15 days after such action by the governing body authorizing removal following appeal, the vehicle, or parts thereof, may be disposed of in the following manner:
A. If the vehicle is appraised at a value not exceeding $200.00, the chief of police shall:
1. Within 48 hours after appraisal notify the Department of Justice in Sacramento of the removal of such vehicle;
2. Prepare a certificate which shall describe the vehicle, including the location of any license plates thereon, state the appraised value and that the vehicle will be junked or dismantled, and indicate that:
a. Notice of intent to junk or dismantle the vehicle has been mailed to the registered legal owners at the address of record with the department, or
b. The owner has signed a release under penalty of perjury disclaiming any future interest, which release shall be included with the certificate; however, in the event the owner has not signed a release and has not, within 15 days after official notification, reclaimed the vehicle, such action shall constitute a waiver of interest and the vehicle may be disposed of pursuant to this chapter,
c. The vehicle is in such condition that vehicle identification numbers are not available to determine owners of record with the department, in which event the vehicle may be disposed of;
3. Upon completion of the certificate, execute and deliver a bill of sale free of any lien for fees and penalties due and payable to the department, together with a copy of the certificate, to either the lienholder, who shall endorse the bill of sale to a licensed automobile dealer, or to the licensed automobile dismantler, or to the franchisee or contractor who has a franchise or contract with the city for removal or disposal of such vehicles, whichever has the vehicle in possession;
4. Forward the completed certificate to the Department of Motor Vehicles in Sacramento;
5. Notify all endorsees of the bill of sale that a vehicle which is the subject of a certificate prepared and forwarded pursuant to this section shall not be reconstructed or made operable;
6. Dispose of the proceeds of the bill of sale in the following manner:
a. First, to pay any cost of towing and storage involved in the removal,
b. The balance shall be forwarded to the Department of Motor Vehicles who may then recover therefrom any fees and penalties due and payable to it with respect to the vehicle and return any remaining balance to any legal or registered owner;
7. Apply for the disbursal of a proportionate share of the abandoned vehicle trust fund from the department of public works, pursuant to Section 22710 of the Vehicle Code.
B. If the vehicle is appraised at a value exceeding $200.00, the chief of police shall:
1. Have the vehicle taken to the nearest garage or other place of safety or to a garage designated or maintained by the city, where the vehicle shall be placed in storage;
2. Immediately give or cause to be given notice in writing to the registered and legal owner of the fact of such removal, the grounds therefor and of the place to which such vehicle has been removed, and a copy of such notice shall be given to the proprietor of the garage; however, in the event the registered or legal owner is unknown or cannot be notified or the vehicle has not been returned to the owner within 120 hours (five days), the chief of police shall immediately send or cause to be sent a written report to the Department of Justice at Sacramento on a form furnished by said department and shall file a copy of the notice with the proprietor of the garage in which the vehicle is stored. [Ord. 664 C.S. § 12, 1973.]
8.12.131 Notice to Department of Motor Vehicles.
The city shall notify the Department of Motor Vehicles within five days after the date of removal, identifying the vehicle or parts thereof and any evidence of registration available, including, but not limited to, the registration and certificate of ownership or license plates. [Ord. 935 § 9, 1987.]
8.12.132 No reconstruction.
After a 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, under Vehicle Code Section 5004, in which case the vehicle may be reconstructed or made operable. [Ord. 935 § 9, 1987.]
8.12.140 Removal – Cost assessment.
If the administrative costs and the cost of removal which are charged against the owner of a parcel of land pursuant to PMC 8.12.110 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 Section 38773.5 of the Government Code and shall be transmitted to the city clerk for collection. The assessment shall have the same priority as other city taxes. [Ord. 664 C.S. § 13, 1973.]