CHAPTER 8
ABANDONED VEHICLE REMOVAL
SECTION:
§7604: Application Of Provisions
§7605: Administration Of Ordinance
§7606: Contract Or Franchise Authority
§7610: Request For Hearing; Hearing Unnecessary
§7613: Required Department Of Motor Vehicle Notices
§7600 TITLE
This Chapter shall be known as the ABANDONED VEHICLE REMOVAL ORDINANCE OF THE CITY. (Ord. 617, §1, adopted 1971)
§7601 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 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. (Ord. 617, §1, adopted 1971)
§7602 DEFINITIONS
Except where the context otherwise requires, the definitions given in this section govern the construction of 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."
D. The term "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. The term "owner of the vehicle" means the last registered owner and legal owner of record. Ord. 617, §1, adopted 1971; Ord. 993, §1, adopted 1997; Ord. 1169, §2, adopted 2016)
§7603 EXCLUSIONS
This ordinance 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 lawful 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 ordinance. (Ord. 617, §1, adopted 1971)
§7604 APPLICATION OF PROVISIONS
This ordinance 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. 617, §1, adopted 1971)
§7605 ADMINISTRATION OF ORDINANCE
Except as otherwise provided herein, the provisions of this ordinance shall be administered and enforced by the Chief of Police or his designated representative. In the enforcement of this ordinance the Chief of Police or his designated representative 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 ordinance. (Ord. 617, §1, adopted 1971)
§7606 CONTRACT OR FRANCHISE AUTHORITY
The City Council may contract with or grant a franchise to any person or persons for the removal of abandoned, wrecked, dismantled or inoperative vehicles or parts thereof. If such a contract or franchise is granted, such person or persons shall be authorized to enter upon private property to remove or cause the removal of a vehicle or parts thereof declared to be a nuisance pursuant to this ordinance. (Ord. 617, §1, adopted 1971)
§7607 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 ordinance. Said costs of administration may be expressed as a fixed sum per removal or as a percentage of the actual cost of removal. (Ord. 617, §1, adopted 1971)
§7608 ABATEMENT ACTION
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 Chief of Police or his designated representative shall have the authority to cause the abatement and removal thereof in accordance with the procedure prescribed herein. (Ord. 617, §1, adopted 1971)
§7609 NOTICE REQUIRED
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 notice 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 §7605 of the Ukiah City 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 Division 8, Chapter 8, of the Ukiah City Code. You are hereby notified to abate such 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 the 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 Clerk within such ten (10) day period, the Chief of Police or his designated representative 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 a 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 _______________ 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 §7605 of the Ukiah City 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 Division 8, Chapter 8 of the Ukiah City 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 a 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 Clerk within such ten (10) day period, the Police Chief or his designated representative shall have the authority to abate and remove said vehicle (or said parts of a vehicle) without a hearing.
Notice Mailed _________ s/_________
(Ord. 617, §1, adopted 1971)
§7610 REQUEST FOR HEARING; HEARING UNNECESSARY
Upon request by the owner of the vehicle or owner of the land received by the City Clerk or her designated representative within ten (10) days after the mailing of the notices of intention to abate and remove, a public hearing shall be held by the Hearing Officer for the City 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 hearing which does not require his presence. Notice of the hearing shall be mailed 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 shall have the authority to abate and remove the vehicle or parts thereof as a public nuisance without holding a public hearing. (Ord. 617, §1, adopted 1971; Ord. 993, §1, adopted 1997; Ord. 1169, §2, adopted 2016)
§7611 HEARING
All hearings under this chapter shall be held before the Hearing Officer who 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 their location on the said private property or public 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 reasons for such denial.
The Hearing Officer 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. He or she may delay the time for removal of the vehicle 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 have been abandoned, wrecked, dismantled, or are inoperative on private or 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 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. 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, he shall be notified, in writing, of the decision. (Ord. 617, §1, adopted 1971; Ord. 993, §1, adopted 1997; Ord. 1169, §2, adopted 2016)
§7612 REMOVAL; TIME LIMITS
Five (5) days after adoption of the order declaring the vehicle or parts thereof to be a public nuisance, five (5) days from the date of mailing of notice of the decision if such notice is required by Section 7611 of this Chapter, or fifteen (15) days after such action of the governing body authorizing removal following appeal, the vehicle or parts thereof may be disposed of by removal to a scrap yard or automobile dismantler’s yard. After a vehicle has been removed it shall not thereafter be reconstructed or made operable. (Ord. 617, §1, adopted 1971)
§7613 REQUIRED DEPARTMENT OF MOTOR VEHICLE NOTICES
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. (Ord. 617, §1, adopted 1971)
§7614 LIEN
If the administrative costs and the cost of removal which are charged against the owner of a parcel of land pursuant to Section 7611 of this Chapter are not paid within thirty (30) days of the date of the 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. 617, §1, adopted 1971)