Chapter 8.16
ABANDONED, WRECKED, DISMANTLED AND INOPERATIVE VEHICLES
Sections:
8.16.010 Findings of fact—Nuisance declared.
8.16.040 Additional regulations.
8.16.050 Enforcement authorized: Right of entry for removal of vehicle.
8.16.060 Administrative costs.
8.16.090 Abatement—Hearing—Procedure.
8.16.100 Abatement—Hearing—Action.
8.16.110 Abatement—Hearing—Appeal of decision.
8.16.120 Removal of vehicles—Reconstruction restricted—Final disposition.
8.16.130 Determination of value.
8.16.140 Removal of vehicles—Notification.
8.16.150 Removal of vehicles—Cost assessment.
8.16.170 Penalty for failure to remove.
8.16.010 Findings of fact—Nuisance declared.
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 as expressly permitted in subsection A of Section 8.16.030, is declared to constitute a public nuisance which may be abated as such in accordance with the provisions of this chapter. (Ord. No. 95-005, Enacted, 04/17/95)
8.16.020 Definitions.
For the purposes of this chapter, the words set out in this section shall have the following meanings:
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. “Public Hearing” shall mean a hearing which any person may attend. Other than the notice set forth in Section 8.16.080, no public notice shall be required. (Ord. No. 95-005, Enacted, 04/17/95)
8.16.030 Applicability.
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, or a junkyard, 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 11 of the Vehicle Code and this chapter. (Ord. No. 95-005, Enacted, 04/17/95)
8.16.040 Additional regulations.
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. (Ord. No. 95-005, Enacted, 04/17/95)
8.16.050 Enforcement authorized: Right of entry for removal of vehicle.
This chapter shall be administered and enforced by regularly salaried, full-time employees of the City, except that removal of vehicles or parts thereof from property may be by any other duly authorized person. 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 examine a vehicle or parts thereof, obtain information as to the identity of a vehicle, or remove or cause the removal of a vehicle, or parts thereof, declared to be a nuisance pursuant to this chapter. (Ord. No. 95-005, Enacted, 04/17/95)
8.16.060 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. Administrative costs and the costs of removal of vehicles abated pursuant to this chapter shall be recovered pursuant to the provisions set forth in Chapter 8.02 and as authorized by Government Code Section 38773.5. (Ord. No. 95-005, Enacted, 04/17/95)
8.16.070 Abatement—Authority.
Upon the discovery of the existence of an abandoned, wrecked, dismantled, or inoperative vehicle, or parts thereof, on private property or public property within the city, the City shall have the authority to cause the abatement and removal thereof in accordance with the procedure prescribed in this chapter. (Ord. No. 95-005, Enacted, 04/17/95)
8.16.080 Abatement—Notices.
A. Not less than a ten-day notice of intention to abate and remove the vehicle, or parts thereof, as a public nuisance shall be mailed by registered or certified 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, or unless the property owner and the owner of the vehicle have signed releases authorizing removal and waiving further interest in the vehicle or part thereof. The notice of intention 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”
DATE
REGISTERED OWNER (BUYER):
LEGAL OWNER:
OTHER:
PROPERTY OWNER:
PROPERTY LOCATION:
VEHICLE DESCRIPTION:
DATE NOTICE MAILED:
Year: Make: Model: Color:
License: VIN:
You are advised that the vehicle(s) mentioned above is considered abandoned, wrecked, dismantled or inoperative, and is a public nuisance pursuant to San Pablo Municipal Code Chapter 8.16. As the listed Registered/Legal Owner or Property Owner where this vehicle is parked, you are responsible for removing it within ten (10) days of the date this notice was mailed. If the vehicle is not removed within ten (10) days, the City will abate and remove this public nuisance. Please take notice that the vehicle(s) will be towed and impounded until the owner pays all applicable towage and storage fees. Pursuant to state law, a lien is imposed and failure to pay such fees may result in the sale and/or destruction of the vehicles.
You will be responsible for the cost of the abatement of the vehicle plus administrative costs charged by the City of San Pablo. The costs of abatement and administrative costs shall, if not paid, be charged as a personal debt and/or made a special assessment and lien upon the property on which the vehicle is located.
You may request a public hearing. If you do not make a written request for a hearing within ten (10) days of the date this notice was mailed, the City will authorize the vehicle removal, storage and ultimate destruction and you will be charged the fees for the removal and costs of administration.
Property Owner: You may request a public hearing or send a sworn written statement giving your reasons denying responsibility for the presence of the vehicle on your land in lieu of appearing. Such statement shall be construed as a request for hearing at which your presence is not required, but must be received by the undersigned officer within ten (10) days after the date this notice was mailed. If a written request for a hearing is not received within ten (10) days, the City will authorize the vehicle removal, storage and ultimate destruction and you will be charged the fees for the city’s costs of administration and removal.
s/_______________________________
Code Enforcement Officer
B. The Notice of Intention 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 two hundred dollars ($200.00) by a person specified in Section 22855 of the California Vehicle Code, and is 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. Prior to final disposition under Vehicle Code Section 22662 of such a low valued vehicle or part for which evidence of registration was recovered, the City shall provide notice to the registered and legal owners of intent to dispose of the vehicle or part, and if the vehicle or part is not claimed and removed within twelve (12) days after the notice is mailed, from a location specified in Vehicle Code Section 22662, final disposition may proceed. Neither the City nor contractor thereof shall be liable for damage caused to a vehicle or part thereof by removal pursuant to this section. This subdivision applies only to inoperable vehicles located upon a parcel that is 1) zoned for agricultural use or 2) not improved with a residential structure containing one or more dwelling units. (Ord. No. 95-005, Enacted, 04/17/95)
8.16.090 Abatement—Hearing—Procedure.
A. Upon request by the owner of the vehicle or owner of the land received by the Code Enforcement Officer within ten days after the mailing of the notices of intention to abate and remove, a public hearing shall be held 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.
B. 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-day period, said statement shall be construed as a request for a hearing which does not require his or her presence. Notice of the hearing shall be mailed, by registered or certified mail, at least ten 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 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. No. 95-005, Enacted, 04/17/95)
8.16.100 Abatement—Hearing—Action.
A. All hearings under this chapter shall be held before the Chief of Police or designees, who are hereby designated as the City’s Vehicle Abatement Commissioners and Hearing Officers. The hearing officer shall hear all facts and testimony he or she 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 property. The hearing officer 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 or her reasons for such denial.
B. The hearing officer may impose such conditions and take such other action as deemed appropriate under the circumstances to carry out the purposes of this chapter, and may delay the time for removal of the vehicles, or parts thereof, if in his or her opinion the circumstances justify it. At the conclusion of the public hearing, the hearing officer 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 provided in Section 8.16.120 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. In the event the Order fails to assess such costs, an invoice may be mailed to such owner following abatement by the City.
C. 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 hearing officer 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.
D. If the owner of the land submits a sworn 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 to the hearing officer but does not appear, he or she shall be notified in writing of the decision. (Ord. No. 95-005, Enacted, 04/17/95)
8.16.110 Abatement—Hearing—Appeal of decision.
A. Any interested party may appeal the decision of the hearing officer by filing a written notice of appeal with the hearing officer within five days after the decision.
B. Such appeal shall be heard by the city manager or his or her designee, who may affirm, amend or reverse the order or take other action deemed appropriate.
C. The city manager shall give written notice of the time and place of the hearing to the appellant and those persons specified in Section 8.16.080.
D. In conducting the hearing, the city manager shall not be limited by the technical rules of evidence. (Ord. No. 95-005, Enacted, 04/17/95)
8.16.120 Removal of vehicles—Reconstruction restricted—Final disposition.
A. In the absence of a request for a hearing, or following a final hearing and decision by the City, the City may abate the public nuisance by removal of the vehicle to a scrapyard, automobile dismantler’s yard, or other final disposition. A court warrant shall first be obtained if required by law. At the time of removal, the officer or employee shall determine the amount of mileage on the vehicle.
B. After a vehicle has been removed, it shall not be reconstructed or made operable unless it is a vehicle that qualifies for either horseless carriage license plates or historical vehicle license plates pursuant to Section 5004 of the California Vehicle Code, in which case the vehicle may be reconstructed or made operable. (Ord. No. 95-005, Enacted, 04/17/95)
8.16.130 Determination of value.
For lien sale purposes, the City shall determine if the estimated value of the vehicle is three hundred dollars ($300) or less, over three hundred dollars but two thousand five hundred dollars ($2,500) or less, or over two thousand five hundred dollars. In the event the City fails or refuses to estimate value, such value shall be estimated by the garage keeper or agent as specified in Vehicle Code Sections 22851 and 22670. (Ord. No. 95-005, Enacted, 04/17/95)
8.16.140 Removal of vehicles—Notification.
A. Where a vehicle is determined to have a value not exceeding three hundred dollars ($300), the City shall do all of the following:
1. Within 48 hours after removal, notify the Stolen Vehicle System of the Department of Justice in Sacramento of the removal.
2. Prepare and give to the lienholder a report which includes all of the following:
a. The value of the vehicle estimated pursuant to Vehicle Code Section 22670.
b. The identification of the estimator.
c. The location of the vehicle.
d. A description of the vehicle, including the make, year, model, identification number, license number, state of registration, and, if a motorcycle, an engine number.
e. The statutory authority for storage.
B. If the vehicle is in such condition that there is no means of determining ownership, the city may give authorization to dispose of the vehicle. If no authorization is issued, a vehicle identification number shall be assigned prior to commencing lien sale proceedings.
C. Within five 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.
D. City employees designated to remove abandoned vehicles, other than police department employees, may do so only after they have notified the nearest office of the California Highway Patrol of the identity and location of the vehicle. (Ord. No. 95-005, Enacted, 04/17/95)
8.16.150 Removal of vehicles—Cost assessment.
If the administrative costs and the cost of removal which are charged against the owner of a parcel of land pursuant to Section 8.16.100 are not paid within fifteen days of the date of the order, or the final disposition of an appeal therefrom, or from the date of mailing of the invoice, such costs shall be assessed against the parcel of land pursuant to the procedures set forth in Chapter 8.02 of the San Pablo Municipal Code, and shall be transmitted to the tax collector for collection. Said assessment shall have the same priority as other city taxes. (Ord. No. 95-005, Enacted, 04/17/95)
8.16.160 Penalties.
It is unlawful and an infraction punishable as provided in Section 1.08.020 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.
It is unlawful and 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 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 fifteen 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. (Ord. No. 95-005, Enacted, 04/17/95)
8.16.170 Penalty for failure to remove.
It is unlawful and an infraction punishable as provided in Section 1.08.020 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. (Ord. 677 § 1 (part), 1975; Ord. 625 § 16, 1971)