Chapter 9-1 ABANDONED, WRECKED, DISMANTLED OR INOPERATIVE VEHICLES

(A) “Vehicle” means a device by which any persons 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.

(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.”

(D) “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.

(E) “Owner of the vehicle” means the last registered owner and legal owner of record.

(F) “City Council” means the City Council of the City of San Juan Bautista.

(G) “City” means the City of San Juan Bautista, in the County of San Benito, California.

9-1-105 Exclusions.

This Chapter shall not apply to:

(A) 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

(B) 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.

(C) This Chapter shall not apply to a vehicle or parts thereof which is located behind a solid fence six feet (6′) in height or which is not plainly visible from a highway.

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 II of the Vehicle Code and this Chapter.

9-1-110 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.

9-1-115 Administered by City Manager.

Except as otherwise provided herein, the provisions of this Chapter shall be administered and enforced by the City Manager. In the enforcement of this Chapter such officer and his deputies may enter upon private or public property to examine a vehicle or parts thereof, or obtain information as to the identity of a vehicle declared to be a nuisance pursuant to this Chapter.

9-1-120 Franchise.

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.

9-1-125 Administrative costs.

The City Council 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 parts thereof) under this Chapter.

9-1-130 Abatement and removal.

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 City Manager shall have the authority to cause the abatement and removal thereof in accordance with the procedure prescribed therein.

9-1-135 Notice.

A ten (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:

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 the land.)

As owner shown on the last equalized assessment roll of the land located at (address), you are hereby notified that the undersigned pursuant to Chapter No. ______ of the City of San Juan Bautista Municipal Code, has determined that there exists upon said land an (or parts of an) abandoned, wrecked, dismantled, or inoperative vehicle registered to ____________, license number _________, which constitutes a public nuisance pursuant to the provisions of this Chapter.

You are hereby notified to abate said nuisance by the removal of said vehicle, (or said parts of a vehicle) within ten (10) days from the date of mailing of this notice, and upon your failure to do so the same will be abated and removed by the City of San Juan Bautista, and the costs thereof, together with administrative costs, assessed to you as owner of the land on which said vehicle (or said parts of a vehicle) is located and will become a lien on such land.

As owner of the land on which said vehicle (or said parts of a vehicle) is located, you are hereby notified that you may, within ten (10) days after the mailing of this notice of intention, request a public hearing and if such a request is not received by the City Manager of the City of San Juan Bautista within such ten (10) day period, the City Manager shall have the authority to abate and remove said vehicle (or said parts of a vehicle) as a public nuisance and assess the costs as aforesaid without a public hearing. You may submit a sworn written statement within such ten (10) day period denying responsibility for the presence of said vehicle (or parts of a vehicle) on said land, with your reasons for denial, and such statement shall be construed 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, in lieu thereof, may present a sworn written statement as aforesaid in time for consideration at such hearing.

Notice Mailed ___________________

s/_________________________ (date)
City Manager of the
City of San Juan Bautista

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, pursuant to Title 9, Chapter 1 of the City of San Juan Bautista Municipal Code, has determined that said vehicle (or parts of a vehicle) exists as an abandoned, wrecked, dismantled, or inoperative vehicle at (described location on public or private property), and constitutes a public nuisance pursuant to the provisions of this chapter.

You are hereby notified to abate said nuisance by the removal of said vehicle (or said parts of a vehicle) within ten (10) days from the date of mailing of this notice.

As registered (and/or legal) owner of record of said vehicle (or said parts of a vehicle), you are hereby notified that you may, within ten (10) days after the mailing of this notice of intention, request a public hearing, and if such a request is not received by the City Manager within such ten (10) day period, the City Manager shall have the authority to abate and remove said vehicle (or said parts of a vehicle) without a hearing.

Notice Mailed ___________________

s/_________________________ (date)
City Manager of the
City of San Juan Bautista

9-1-140 Public hearing.

Upon request by the owner of the vehicle or owner of the land received by the City Manager within ten (10) days after the mailing of the notices of intention to abate and remove, a public hearing shall be held by the City Administrator 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 thereof 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 ten (10) day period, said statement shall be construed as a request for a hearing which does not require his presence. Notice of the hearing shall be mailed, by registered mail, at least ten (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 said ten (10) days after mailing of the notice of intention to abate and remove, the City Manager shall have the authority to abate and remove the vehicle or parts thereof as a public nuisance without holding a public hearing.

9-1-145 Hearing – Before City Manager.

All hearings under this Chapter shall be held before the City Manager who shall hear all facts and testimony it deems pertinent. Said facts and testimony may include testimony on the condition of the vehicle or parts thereof and the circumstances concerning its location on the said private property or public property. The City Manager 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 City Council may impose such conditions and take such other action as it deems appropriate under the circumstances to carry out the purpose of this Chapter of the City of San Juan Bautista. It may delay the time for removal of the vehicle or parts thereof, if, in its opinion, the circumstances justify it. At the conclusion of the public hearing, the City Manager may find that a vehicle or parts thereof, has been abandoned, wrecked, dismantled, or is inoperative on private property or on 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 City Manager 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 such owner of the land.

If the owner of the land submits 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 City Manager, but does not appear, he shall be notified in writing of the decision.

9-1-150 Appeal.

Any interested party may appeal the decision of the City Manager, by filing a written notice of appeal with the City Council within five (5) days after receipt of notice of the City Manager’s decision.

9-1-155 Penalty – Abandonment.

It shall be an infraction 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 (5) days unless such vehicle or parts 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 or a licensed dismantler, licensed vehicle dealer or a junkyard.

9-1-160 Penalty – Failure to remove.

It shall be an infraction 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.

9-1-165 Abandonment of other personal property.

(A) Personal property, including boats, found within or upon an abandoned vehicle may be disposed of as part of the proceedings for abatement and removal of the vehicle in which the personal property is found.

(B) Notices to property owners and vehicle owners required in this Chapter shall contain a description of such property. In the case of a boat bearing California registration numbers, the Department of Harbors and Watercraft shall be notified in the same manner as notice to the Department of Motor Vehicles.

(C) At the time of the hearing, the City Manager shall order any personal property found in or upon an abandoned vehicle, destroyed, junked, sold or other property disposition considering its nature and value.

9-1-170 Disposal of vehicle.

Ten (10) days after time for appeal has lapsed or ten (10) days after decision on appeal is made ordering abatement, the vehicle, or parts thereof, may be disposed of by removal to a scrapyard or automobile dismantler’s yard. After a vehicle has been removed, it shall not thereafter be reconstructed or made operable unless it is a vehicle which qualifies for either horseless carriage license plates pursuant to Section 5004 of the Vehicle Code, in which case the vehicle may be reconstructed or made operable.

9-1-175 Notice to Department of Motor Vehicles.

Within five (5) days after the date of removal of the vehicle, or parts thereof, notice shall be given to the Department of Motor Vehicles identifying the vehicle, or parts 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. A written report shall be delivered to the nearest California Highway Patrol office as provided in California Vehicle Code Section 22669 prior to removal.

Article 2. Assessments

9-1-200 Administrative costs and costs of removal.

If the administrative costs and the cost of removal which are charged against the owner of the parcel of land pursuant to this Chapter are not paid within thirty (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 Tax Collector for collection. Such assessment shall have the same priority as other city taxes.

9-1-205 Hearing.

The assessment referred to in SJBMC 9-1-200 shall take place at the first regular meeting of the City Council after the time limits set forth in said Section. The City Manager shall present to the Council the assessments of all costs. If no corrections or modifications are made or if made, such amount or amounts shall be deemed confirmed by the City Council and such decision shall be conclusive and shall thereupon become a lien as provided in Government Code Section 38773.5 until the assessments are paid.

9-1-210 Forward to Tax Collector.

The City Council shall at said meeting cause the assessment roll to be forwarded to and filed with the San Benito County Tax Collector.

9-1-215 Recording of assessment.

Upon receipt of the assessment roll referred to in SJBMC 9-1-210, the Tax Collector shall record the same in a substantial book to be kept for that purpose in his office.

9-1-220 Delinquent assessments.

Thirty (30) days from the date of the receipt by the Tax Collector of the assessment roll referred to in SJBMC 9-1-210, all assessments made under this Chapter and unpaid shall become delinquent and ten percent (10%) shall be added to the amount thereof.

9-1-225 Collection.

The assessment may be collected at the same time and in the same manner as ordinary municipal 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 municipal taxes. All laws applicable to the levy, collection and enforcement of municipal taxes shall be applicable to the special assessment.

Legislative History: Ords. 131 (8/7/64), 166 (3/6/74), 210 (4/12/89).