Chapter 10.10
VEHICLES – ABANDONED, WRECKED, DISMANTLED OR INOPERATIVE
Sections:
10.10.010 Purpose – Definitions.
10.10.020 Exclusions from application of chapter.
10.10.030 Chapter is not exclusive regulation.
10.10.040 Administration of chapter – Authority to enter premises.
10.10.050 Administration of chapter – Authority to cause abatement.
10.10.060 City Council authority to authorize removal of a vehicle, or parts thereof.
10.10.080 Office of abandoned vehicle appeals officer.
10.10.090 Public hearing on abatement and removal.
10.10.100 Conduct of hearings before abandoned vehicle appeals officer.
10.10.110 Appeal from decision of abandoned vehicle appeals officer.
10.10.120 Time periods for removal of vehicle or parts thereof.
10.10.130 Notice to Department of Motor Vehicles.
10.10.010 Purpose – Definitions.
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 remove abandoned, wrecked, dismantled or inoperative vehicles or parts thereof as public nuisances, the City Council of the City of Santa Clara hereby 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 hereby 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 hereinafter permitted, is hereby declared to constitute a public nuisance which may be abated as such in accordance with the provisions of this chapter.
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. (Ord. 1281 § 2, 10-16-73. Formerly § 17-97).
10.10.020 Exclusions from application of chapter.
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 or junk yard; or when such storage or parking is necessary to the operation of a lawfully conducted business or commercial enterprise.
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. 1281 § 2, 10-16-73. Formerly § 17-98).
10.10.030 Chapter is not exclusive 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. (Ord. 1281 § 2, 10-16-73. Formerly § 17-99).
10.10.040 Administration of chapter – Authority to enter premises.
Except as otherwise provided herein, the provisions of this chapter shall be administered and enforced by the City Manager or his/her authorized representative (hereinafter "City Manager" only). In the enforcement of this chapter, the City Manager 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 pursuant to this chapter. (Ord. 1281 § 2, 10-16-73. Formerly § 17-100).
10.10.050 Administration of chapter – Authority to cause abatement.
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 herein. (Ord. 1281 § 2, 10-16-73. Formerly § 17-101).
10.10.060 City Council authority to authorize removal of a vehicle, or parts thereof.
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. 1281 § 2, 10-16-73. Formerly § 17-102).
10.10.070 Forms of notice.
A ten-day notice of intention to abate and remove the vehicle, or parts thereof, as a public nuisance shall be mailed by 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. 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 SCCC 10.10.050, 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 SCCC Title 10.
You are hereby notified to abate said nuisance by the removal of said vehicle (or said parts of a vehicle) within 10 (ten) 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.
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 10 (ten) 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 10 (ten) 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 without a public hearing. You may submit a sworn written statement within such 10-day period denying responsibility for the presence of said vehicles (or said 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----- (date)
City Manager by s/__________________
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 SCCC Title 10, has determined that said vehicle (or parts of a vehicle) exists as an abandoned, wrecked, dismantled or inoperative vehicle at (describe location on public or private property) and constitutes a public nuisance pursuant to the provisions of SCCC Title 10.
You are hereby notified to abate said nuisance by the removal of said vehicle (or said parts of a vehicle) within 10 (ten) 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 10 (ten) 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 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----- (date)
City Manager by s/__________________
(Ord. 1281 § 2, 10-16-73. Formerly § 17-103).
10.10.080 Office of abandoned vehicle appeals officer.
The office of abandoned vehicle appeals officer is hereby created. The office may be filled in accordance with the City Charter by a regularly salaried City officer or employee, a member of any existing board or commission, or any citizen qualified to conduct hearings. (Ord. 1281 § 2, 10-16-73. Formerly § 17-104).
10.10.090 Public hearing on abatement and removal.
A public hearing shall be held by the abandoned vehicle appeals officer on the question of abatement and removal of the vehicle or parts thereof as an abandoned, wrecked, dismantled or inoperative vehicle upon written request by the owner of the vehicle or owner of the land providing said request is received by the City Manager within ten days after the mailing of the notices of intention to abate and remove.
If the owner of the land submits a sworn written statement denying responsibility for the presence of the vehicle on his/her land within such ten-day period, said statement shall be construed as a request for a hearing which does not require his/her presence. Notice of the hearing shall be mailed, by 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. 1281 § 2, 10-16-73. Formerly § 17-105).
10.10.100 Conduct of hearings before abandoned vehicle appeals officer.
The public hearings under this chapter shall be held before the abandoned vehicle appeals officer, who shall hear all facts and testimony he 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 abandoned vehicle appeals 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/her reasons for such denial.
The abandoned vehicle appeals officer 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/her opinion, the circumstances justify it. At the conclusion of the public hearing, the abandoned vehicle appeals 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 hereinafter provided. 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 the owner of the land submits a sworn written statement denying responsibility for the presence of the vehicle on his/her land but does not appear, or if an interested party makes a written presentation to the abandoned vehicle appeals officer but does not appear, he shall be notified in writing of the decision. (Ord. 1281 § 2, 10-16-73. Formerly § 17-106).
10.10.110 Appeal from decision of abandoned vehicle appeals officer.
Appeals from the decision of the abandoned vehicle appeals officer are pursuant to Vehicle Code Section 22650 et seq., as amended. (Ord. 1281 § 2, 10-16-73. Formerly § 17-107).
10.10.120 Time periods for removal of vehicle or parts thereof.
The vehicle or parts thereof may be disposed of by removal after the following time periods have elapsed: twelve (12) days after the City Manager makes his/her determination that the vehicle or parts thereof constitute a public nuisance, unless action constituting a request for a hearing is made; ten days after the order requiring removal by the abandoned vehicle appeals officer, following the public hearing, unless an appeal is filed with the City Council pursuant to this chapter; three days after the decision of the City Council authorizing removal. After a vehicle has been removed, it shall not thereafter be reconstructed or made operable. (Ord. 1281 § 2, 10-16-73. Formerly § 17-108).
10.10.130 Notice to Department of Motor Vehicles.
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. (Ord. 1281 § 2, 10-16-73. Formerly § 17-109).
10.10.140 Enforcement.
(a) It shall be unlawful 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 three 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 of a licensed dismantler, licensed vehicle dealer or a junk yard. The provisions of SCCC 1.05.070 apply to violations of this chapter.
(b) Pursuant to SCCC 1.05.070, the city, in its prosecutorial discretion, may enforce violation(s) of the provisions of this chapter as a criminal, civil, and/or administrative action. (Ord. 1281 § 2, 10-16-73. Formerly § 17-110).
10.10.150 Refusal to remove.
It shall be 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. 1281 § 2, 10-16-73. Formerly § 17-111).