Chapter 7.15
ABANDONED, WRECKED, DISMANTLED AND INOPERATIVE VEHICLES
Sections:
7.15.010 Findings and declaration.
7.15.020 Definitions.
7.15.030 Nonexclusive regulation.
7.15.040 Administration.
7.15.050 Abatement and removal.
7.15.060 Notice of intention.
7.15.070 Hearing.
7.15.080 Appeal.
7.15.090 Removal.
7.15.100 Administrative costs.
7.15.110 Right of entry.
7.15.120 Exceptions.
7.15.130 Acts prohibited – Time permitted.
7.15.010 Findings and declaration.
In accordance with the determination made and the authority granted by the State of California under Vehicle Code section 22660 to remove abandoned, wrecked, dismantled, or inoperative vehicles or parts as public nuisances, the city council makes the following findings and declarations: the accumulation and storage of abandoned, wrecked, dismantled, or inoperative vehicles and parts of them 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 of one on private or public property not including highways, except as expressly permitted in this chapter, is declared to constitute a public nuisance which may be abated as such in accordance with this chapter. (1991 code § 5-3.1)
7.15.020 Definitions.
As used in this chapter:
Highway means a way or place publicly maintained and open to the use of the public for purposes of vehicular travel. Highway includes street.
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.
Owner of the vehicle means the last registered owner and legal owner of record.
Public property does not include highway.
Vehicle means a device or any part of one by which a 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. (1991 code § 5-3.2)
7.15.030 Nonexclusive regulation.
This chapter is not the exclusive regulation of abandoned, wrecked, dismantled, or inoperative vehicles within the city. It supplements and is in addition to the other regulatory codes, statutes and ordinances heretofore or hereafter enacted by the city, the state, or other legal entity or agency having jurisdiction. (1991 code § 5-3.3)
7.15.040 Administration.
The chief of police shall administer this chapter. (1991 code § 5-3.4)
7.15.050 Abatement and removal.
Upon discovering the existence of an abandoned, wrecked, dismantled, or inoperative vehicle or parts thereof on public or private property, the chief of police may cause the abatement and removal of the vehicle or parts thereof as provided in this chapter. An irrebuttable presumption that a vehicle is inoperative shall arise upon the owner’s or other responsible party’s refusal to demonstrate a vehicle with two or more of the following characteristics is operative: (1) deflated tires; (2) an abundance of debris in or about the vehicle; (3) broken windows; (4) lack of current registration; (5) other similar indicia that the vehicle is inoperative. (Ord. 691 § 1, 1993; 1991 code § 5-3.5)
7.15.060 Notice of intention.
A 10-day notice of intention to abate and remove the vehicle or parts thereof as a public nuisance shall be mailed by registered mail 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. The notices of intention shall be in substantially the following forms.
A. Notice of intention to abate and remove an abandoned, wrecked, dismantled or inoperative vehicle or parts thereof as a public nuisance.
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 the owner of the land)
As owner shown on the last equalized assessment roll of the land located at [address], you are hereby notified that the undersigned, in accordance with PHMC § 7.15.050, has determined that there exists on such land an [or parts of an] abandoned, wrecked, dismantled or inoperative vehicle registered to _______, license number _______, which constitutes a public nuisance under PHMC Chapter 7.15. You are notified to abate such nuisance by the removal of the vehicle [or such parts of a vehicle] within 10 days from the date of mailing of this notice, and upon your failure to do so the vehicle [or parts of the vehicle] will be abated and removed by the city and the costs of abatement and removal, together with administrative costs, assessed to you as owner of the land on which the vehicle [or parts of a vehicle] is located.
As owner of the land on which the vehicle [or the parts of a vehicle] is located, you are notified that you may, within 10 days after the mailing of the notice of intention, request a public hearing. If a request for public hearing is not received by the public works and community development department and/or code enforcement officer within the 10-day period, the public works and community development department and/or code enforcement officer may abate and remove the vehicle [or the parts of a vehicle] as a public nuisance and assess the costs without a public hearing. You may submit a sworn written statement within the 10-day period denying responsibility for the presence of the vehicle [or the parts of a vehicle] on the land, with your reasons for denial, and such statement shall be considered as a request for hearing at which your presence is not required. You may appear in person at any hearing requested by you or the owner of the vehicle or may present in lieu thereof a sworn written statement as aforesaid in time for consideration at the hearing.
Notice mailed _____________
[date]
/s/ _______________________
[Code Enforcement Officer]
B. Notice of intention to abate and remove an abandoned, wrecked, dismantled or inoperative vehicle or parts thereof as a public nuisance.
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 undersigned, in accordance with PHMC § 7.15.050, has determined that the vehicle [or parts of the vehicle] exists as an abandoned, wrecked, dismantled or inoperative vehicle at [describe location on public or private property] and constitutes a public nuisance under PHMC Chapter 7.15.
You are notified to abate the nuisance by the removal of the vehicle [or the parts of the vehicle] within 10 days from the date of mailing of this notice.
As registered [and/or legal] owner of record of the vehicle [or the parts of the vehicle], you are notified that you may within 10 days after the mailing of this notice of intention request a public hearing. If a request is not received by the public works and community development department and/or code enforcement officer within the 10-day period, the public works and community development department and/or code enforcement officer may abate and remove the vehicle [or parts of the vehicle] without a hearing.
Notice mailed _____________
[date]
/s/ _______________________
[Code Enforcement Officer]
(Ord. 561 § 1, 1985; 1991 code § 5-3.6)
7.15.070 Hearing.
A. Upon request by the owner of the vehicle or owner of the land received by the public works and community development department or code enforcement officer within 10 days after the mailing of the notice of intention to abate and remove, the public hearing shall be held by 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 administrative costs and the costs of removal of the vehicle or parts thereof against the property on which it is located.
B. If the owner of the land submits a sworn written statement denying responsibility for the presence of the vehicle on his or her land within the 10-day period, the statement shall be considered as a request for a hearing which does not require his or her presence. Notice of the hearing shall be mailed at least 10 days before the hearing by registered mail 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 may abate and remove the vehicle or parts thereof as a public nuisance without holding a hearing.
C. All hearings under this chapter shall be held before the city manager. He or she shall hear all facts and testimony he or she considers pertinent. The facts and testimony may include testimony on the condition of the vehicle and the circumstances concerning its location on private or public property. The city manager is not limited by the technical rules of evidence. The owner of the land may appear in person at the hearing or present a written statement in time for consideration at the hearing and deny responsibility for the presence of the vehicle on the land, with his or her reasons for such denial.
D. The city manager may impose such conditions and take such other action as he or she considers appropriate under the circumstances to carry out this chapter. He or she may delay the time for removal of the vehicle if in his or her opinion the circumstances justify it. At the conclusion of the public hearing, the city manager may find that a vehicle has been abandoned, wrecked, dismantled, or is inoperative on private or public property and order it from the property as a public nuisance and disposed of as provided in this chapter 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 and the correct identification number and license number of the vehicle, if available at the site.
E. 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 or she has not subsequently acquiesced in its presence, 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 attempt to collect such costs from the owner of the land.
F. If the owner of the land submits a written statement denying responsibility for the presence of the vehicle on his or her land but does not appear, or if an interested party makes a written presentation but does not appear, he or she shall be notified in writing of the decision. (Ord. 561 § 1, 1985; 1991 code § 5-3.7)
7.15.080 Appeal.
A. An interested party may appeal the decision of the city manager to the city council by filing a written notice of appeal with the city manager within 10 days after the decision.
B. The appeal shall be heard by the city council which may affirm, amend, or reverse the order or take other action deemed appropriate.
C. The clerk shall give written notice of the time and place of the hearing to the appellant and those persons specified in PHMC § 7.15.050. (Ord. 561 § 1, 1985; 1991 code § 5-3.8)
7.15.090 Removal.
A. Ten days after adoption of the order declaring the vehicle to be a public nuisance, 10 days from the date of mailing of notice of the decision if such notice is required by PHMC § 7.15.070, or 15 days after such action of the governing body authorizing removal following appeal, the vehicle may be disposed of by removal to a scrap yard or automobile dismantler’s yard. After a vehicle is removed, it may not thereafter be reconstructed or made operable, except as provided in Vehicle Code section 22661(f).
B. Within five days after the date of removal of the vehicle, notice shall be given to the Department of Motor Vehicles identifying the vehicle or part 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. 561 § 1, 1985; 1991 code § 5-3.9)
7.15.100 Administrative costs.
A. Established. The city council shall 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.
B. Collection and assessment. If the administrative costs and cost of removal which are charged against the owner of a parcel of land under PHMC § 7.15.070 are not paid within 30 days of the date of the order, or the final disposition of an appeal, such costs shall be assessed against the parcel of land pursuant to Government Code section 38773.5 and shall be transmitted to the tax collector for collection. (Ord. 561 § 1, 1985; 1991 code § 5-3.10)
7.15.110 Right of entry.
A. In the enforcement of this chapter, the chief of police may enter upon private or public property to examine a vehicle or obtain information as to the identity of a vehicle and to remove or cause the removal of a vehicle declared to be a nuisance.
B. When the city council has contracted with or granted a franchise to a person the person may enter upon private or public property to remove or cause the removal of a vehicle declared to be a nuisance. (Veh. Code §§ 22660, 22663) (1991 code § 5-3.11)
7.15.120 Exceptions.
A. This chapter shall not apply to a vehicle:
1. 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. 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. This section does not 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 or this chapter. (1991 code § 5-3.12)
7.15.130 Acts prohibited – Time permitted.
It is unlawful for a 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 72 consecutive hours 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 junk dealer, or is otherwise excepted under the provisions of this chapter. (Ord. 561 § 2, 1985; 1991 code § 5-3.13)