Chapter 4-8 ABANDONED, WRECKED, DISMANTLED, OR INOPERATIVE VEHICLES

In addition to and in accordance with the determination made and the authority granted by the State pursuant to the provisions of Section 22660 of the Vehicle Code of the State to remove abandoned, wrecked, dismantled, or inoperative vehicles, or parts thereof, as public nuisances, the Council 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 part thereof, on private or public property, not including highways, except as expressly permitted by the provisions of this chapter, is hereby declared to constitute a public nuisance which may be abated as such in accordance with the provisions of this chapter.

4-8-102 Definitions.

For the purposes of this chapter, unless otherwise apparent from the context, certain words and phrases used in this chapter are defined as follows:

(a) “Vehicle” shall mean 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) “Highway” shall mean a way or place of whatever nature, publicly maintained and open to the use of the public for purposes of vehicular travel. “Highway” shall include “street.”

(c) “Street” shall mean all or any part of the entire width of the right-of-way of a City street or highway, whether or not such entire area is actually used for highway purposes.

(d) “Public property” shall not include “highway.”

(e) “Owner of the land” shall mean the owner of the land on which the vehicle, or parts thereof, is located, as shown on the last equalized assessment roll.

(f) “Owner of the vehicle” shall mean the last registered owner and legal owner of record.

4-8-103 Exceptions.

The provisions of 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; or

(c) A vehicle, or part thereof, which is located behind a solid fence six (6') feet in height or which is not visible from a highway.

Nothing in this section shall authorize the maintenance of a public or private nuisance as defined pursuant to provisions of law other than Chapter 10 (commencing with Section 22650) of Division 11 of the Vehicle Code of the State and this chapter.

4-8-104 Regulations nonexclusive.

The provisions of this chapter shall not be the exclusive regulation of abandoned, wrecked, dismantled, or inoperative vehicles within the City. The provisions of this chapter shall supplement and be in addition to the other regulatory codes, statutes, and laws heretofore or hereafter enacted by the City, the State, or any other legal entity or agency having jurisdiction.

4-8-105 Administration of provisions.

Except as otherwise provided in this chapter, the provisions of this chapter shall be administered and enforced by the Police Chief. In the enforcement of the provisions 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, and to remove or cause the removal of a vehicle, or parts thereof, declared to be a nuisance pursuant to the provisions of this chapter.

4-8-106 Authority to enter property.

When the City has contracted with or granted a franchise to any person, such person 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 the provisions of this chapter.

4-8-107 Assessment of costs.

The Council shall from time to time determine and fix an amount to be assessed as administrative costs (excluding the actual cost of the removal of any vehicle, or parts thereof) for the purposes of administering the provisions of this chapter.

4-8-108 Authority to abate.

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 Police Chief shall have the authority to cause the abatement and removal thereof in accordance with the procedure set forth in this chapter.

Article 2. Procedure

4-8-201 Notices and forms.

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 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. 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 the provisions of Section 4-8-108 of Article 1 of Chapter 8 of Title 4 of the Turlock 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 Section 4-8-101 of Article 1 of Chapter 8 of Title 4 of said Code.

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 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.

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 Police Chief within such ten (10) day period, the Police Chief shall have the authority to abate and remove said vehicle, or said parts of a vehicle, as a public nuisance and assess the cost 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 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)

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 the provisions of Section 4-8-108 of Article 1 of Chapter 8 of Title 4 of the Turlock Municipal Code, 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 Section 4-8-101 of Article 1 of Chapter 8 of Title 4 of said Code.

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 Police Chief within such ten (10) day period, the Police Chief shall have the authority to abate and remove said vehicle, or said parts of a vehicle, without a hearing.

Notice Mailed _____________________
(date)

S/___________________

4-8-202 Requests for hearings.

Upon a request by the owner of the vehicle or the owner of the land received by the Police Chief 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 Manager on the question of the 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.

4-8-203 Landowners’ denial of responsibility.

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, such 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 a hearing is not received within such ten (10) days after the 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.

4-8-204 Conduct of hearings.

All hearings held pursuant to the provisions of this chapter shall be held before the City Manager who shall hear all facts and testimony he deems pertinent. Such facts and testimony may include testimony on the condition of the vehicle, or parts thereof, and the circumstances concerning its location on 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.

4-8-205 Action by the City Manager.

The City Manager 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 the removal of the vehicle, or parts thereof, if, in his opinion, the circumstances so justify. 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 or public property, order the same removed from the property as a public nuisance and disposed of as provided in this chapter, and determine the administrative costs and the costs 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.

4-8-206 Assessments against landowners.

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.

4-8-207 Landowners’ statements denying responsibility.

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, such person shall be notified in writing of the decision.

Article 3. Appeals Procedures

4-8-301 Appeals of City Manager’s decisions.

(a) Any interested party may appeal the decision of the City Manager as provided by Title 1, Chapter 4 of this Code.

(866-CS, Amended, 02/09/1995)

4-8-302 Repealed.

(866-CS, Repealed, 02/09/1995)

Article 4. Removal of Vehicles or Parts Thereof

4-8-401 Removal after hearings.

Five (5) days after the adoption of the order declaring the vehicle, or parts thereof, to be a public nuisance, or five (5) days from the date of mailing of the notice of the decision, if such notice is required by Section 4-8-207 of Article 2 of this chapter, or fifteen (15) days after such action of the governing body authorizing removal following an appeal, 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.

4-8-402 Notices 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 of the State identifying the vehicle, or parts thereof, removed. At the same time there shall be transmitted to said Department of Motor Vehicles any evidence of registration available, including registration certificates, certificates of title, and license plates.

4-8-403 Costs of removal: Liens.

If the administrative costs and the costs of removal which are charged against the owner of a parcel of land 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 the provisions of Section 38773.5 of the Government Code of the State and shall be transmitted to the Tax Collector for collection. Such assessment shall have the same priority as other City taxes.

Article 5. Miscellaneous Provisions

4-8-501 Violations: Penalty.

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 (3) 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 civil penalty for violation of this section shall be established by resolution of the City Council.

(1120-CS, Amended, 07/23/09; 820-CS, Amended, 06/22/1993)

4-8-502 Refusal to remove: Penalty.

It shall be unlawful for any person to fail or refuse to remove an abandoned, wrecked, dismantled, or inoperative vehicle, or parts thereof, or to 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. The civil penalty for violation of this section shall be established by resolution of the City Council.

(1120-CS, Amended, 07/23/09; 820-CS, Amended, 06/22/1993)