Chapter 6.28
ABANDONED OR INOPERATIVE VEHICLES
Sections:
6.28.020 Exclusions from regulation.
6.28.050 Authority of private contractor.
6.28.060 Resolution fixing assessment.
6.28.120 Collection of assessment.
6.28.010 PUBLIC NUISANCE.
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 Cruz 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 part thereof, on private or public property, not including highways, except as expressly hereinafter permitted, is 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) The term “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;
(b) The term “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;
(c) The term “public property” does not include “highway.”
(Ord. 69-6 § 1 (part), 1969).
6.28.020 EXCLUSIONS FROM REGULATION.
This chapter shall not apply to:
(a) A vehicle or part 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 part 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.
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. 69-6 § 1 (part), 1969).
6.28.030 NONEXCLUSIVE REMEDY.
This chapter is not the exclusive regulation of abandoned, wrecked, dismantled or inoperative vehicles within the city of Santa Cruz. 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. 69-6 § 1 (part), 1969).
6.28.040 ENFORCEMENT OFFICER.
Except as otherwise provided herein, the provisions of this chapter shall be administered and enforced by the chief of police or any person so designated by the chief of police. In the enforcement of this chapter, such officer and any person so designated by him 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.
(Ord. 85-21 § 1, 1985: Ord. 69-6 § 1 (part), 1969).
6.28.050 AUTHORITY OF PRIVATE CONTRACTOR.
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. 69-6 § 1 (part), 1969).
6.28.060 RESOLUTION FIXING ASSESSMENT.
The city council shall from time to time determine and fix by resolution an amount to be assessed as administrative costs, excluding the actual cost of removal of any vehicle or part thereof, under this chapter.
(Ord. 69-6 § 1 (part), 1969).
6.28.070 NOTICE OF INTENTION.
Notice of intention to abate and remove the vehicle or part thereof as a public nuisance shall be given not less than ten days prior to the removal, 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. Such notice shall contain a statement of the hearing rights of the owner of the property on which the vehicle is located and the owner of the vehicle. The statement shall include notice to the property owner that he may appear in person at a hearing or may present a sworn written statement denying responsibility for the presence of the vehicle on the land, with his reasons for such denial, in lieu of appearing. The notice of intention to abate shall be mailed, by registered or certified mail, to the owner of the land as shown on the last equalized assessment roll and to the last registered and legal owners of record unless the vehicle is in such a condition identification numbers are not available to determine ownership.
(Ord. 92-24 § 1, 1992: Ord. 83-03 § 1, 1983: Ord. 71-7 § 1 (part), 1971: Ord. 69-6 § 1 (part), 1969).
6.28.080 REQUEST FOR HEARING.
A hearing shall be held by the chief of police or his or her designee, upon request for such a hearing by the owner of the vehicle or the owner of the land on which such vehicle was located. This request shall be made to the chief of police within ten days after the mailing of notice of intention to abate and remove the vehicle. If the owner of the land on which the vehicle is located submits a sworn written statement denying responsibility for the presence of the vehicle on his or her land within such time period, this statement shall be construed as a request for hearing which does not require the presence of the owner submitting such request. If such a request is not received within such period, the chief of police or his or her designee shall have the authority to order the removal of the vehicle.
(Ord. 92-24 § 2, 1992: Ord. 71-7 § 1 (part), 1971: Ord. 69-6 § 1 (part), 1969).
6.28.090 HEARING AND ORDER.
(a) All hearings under this chapter shall be held before the chief of police or his or her designee, who shall hear all the facts and testimony he or she deems pertinent. The facts and testimony may include testimony on the condition of the vehicle or part thereof and the circumstances concerning its location on the private property or public property. The owner of the land on which the vehicle is located may appear in person at the hearing or present a sworn written statement denying responsibility for the presence of the vehicle on the land, with his or her reasons for such denial.
(b) The chief of police or his or her designee may impose such conditions and take such other action as he or she deems appropriate under the circumstances to carry out the purpose of this chapter. The chief of police or his or her designee may delay the time for removal of the vehicle or part thereof if, in his or her opinion, the circumstances justify it. At the conclusion of the hearing, the chief of police or his or her designee may find that a vehicle or part 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 in this chapter, and determine the administrative costs and the cost of removal to be charged against the owner of the parcel of land on which the vehicle or part thereof is located. The order requiring removal shall include a description of the vehicle or part thereof and the correct identification number and license number of the vehicle, if available at the site.
(c) If it is determined at the hearing that the vehicle was placed on the land without the consent of the landowner and that he or she has not subsequently acquiesced in its presence, the chief of police or his or her designee shall not assess 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 landowner.
(d) If an interested party makes a written presentation to the chief of police or his or her designee but does not appear, he or she shall be notified in writing of the decision.
(e) In conducting the hearing the chief of police or his or her designee shall not be limited by the technical rules of evidence.
(f) The determination of the chief of police or his or her designee shall be final and conclusive.
(Ord. 92-24 § 3, 1992: Ord. 69-6 § 1 (part), 1969).
6.28.100 DISPOSAL.
Five days after adoption of the order of the city council to remove the vehicle or parts thereof, the vehicle or parts thereof may be disposed of by removal to a scrap yard or automobile dismantler’s yard. After the vehicle has been removed it shall not thereafter 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 Vehicle Code, in which case the vehicle may be reconstructed or made operable.
(Ord. 83-03 § 1, 1983: Ord. 69-6 § 1 (part), 1969).
6.28.110 NOTICE OF REMOVAL.
Within five days after the date of removal of the vehicle or part thereof, notice shall be given to the Department of Motor Vehicles identifying the vehicle or part 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. 69-6 § 1 (part), 1969).
6.28.120 COLLECTION OF ASSESSMENT.
If the administrative costs and the cost of removal which are charged against the owner of a parcel of land pursuant to Section 6.28.090 are not paid within thirty days of the date of order, 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. Said assessment shall have the same priority as other city taxes.
(Ord. 69-6 § 1 (part), 1969).