Alameda Municipal Code § 8-22 Abatement, Removal of Abandoned, Wrecked, Dismantled or Inoperative Vehicles

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 section.

(Ord. No. 535 N.S. § 17-381; Ord. No. 1692 N.S.)

As used in this section:

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" includes street.

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.

Owner of the vehicle shall mean the last registered owner and legal owner of record.

Public property does not include highway.

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.

(Ord. No. 535 N.S. § 17-381; Ord. No. 1692 N.S.)

This section 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, junk dealer, or when such storage or parking is necessary to the operation of a lawfully conducted business or commercial enterprise.

Nothing in this subsection 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 II of the Vehicle Code and this section.

(Ord. No. 535 N.S. § 17-382; Ord. No. 1692 N.S.)

This section 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. 535 N.S. § 17-383; Ord. No. 1692 N.S.)

Except as otherwise provided herein, the provisions of this section shall be administered and enforced by the Chief of Police. In the enforcement of this section such officer and his/her deputies may enter upon private or public property to examine a vehicle or parts thereof, to 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 section.

(Ord. No. 535 N.S. § 17-384; Ord. No. 1692 N.S.)

When authorized by City Council resolution any person so authorized may 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 section.

(Ord. No. 535 N.S. 17-385; Ord. No. 1947 N.S.)

The Council shall 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 section.

(Ord. No. 535 N.S. § 17-386; Ord. No. 1692 N.S.)

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 shall have the authority to cause the abatement and removal thereof in accordance with the procedure prescribed herein.

(Ord. No. 535 N.S. § 17-387; Ord. No. 1692 N.S.)

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 notices of intention shall be in substantially the following forms:

a. 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 subsections 8-22.1 and following, Alameda Municipal Code, has determined that there exists upon the 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 8-22 of the Alameda Municipal Code.

You are hereby notified to abate the nuisance by the removal of the vehicle (or the 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 of Alameda and the costs thereof, together with administrative costs, assessed to you as owner of the land on which the vehicle (or the parts of a vehicle) is located.

As owner of the land on which the vehicle (or the 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 Chief of Police within such ten (10) day period, the Chief of Police shall have the authority to abate and remove the vehicle (or the 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 ten (10) day period denying responsibility for the presence of the vehicle (or the parts of a vehicle) on the 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) ___________ Chief of Police Alameda, California

b. 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 must 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 subsections 8-22.1 and following, Alameda Municipal Code, has determined that the vehicle (or parts of a vehicle) exists as an abandoned, wrecked, dismantled or inoperable vehicle at (describe location on public or private property) and constitutes a public nuisance pursuant to the provisions of Section 8-22 of the Alameda Municipal Code.

You are hereby notified to abate the nuisance by the removal of the vehicle (or the 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 the vehicle (or the 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 request is not received by the Traffic Advisory Committee within such ten (10) day period, the Chief of Police shall have the authority to abate and remove the vehicle (or the parts of a vehicle) without a hearing.

Notice Mailed

_______ (date) ___________ Chief of Police Alameda, California

(Ord. No. 535 N.S. § 17-388; Ord. No. 1692 N.S.; Ord. No. 2973 N.S. § 16)

Upon request by the owner of the vehicle or owner of the land to the Chief of Police, which request is received within ten (10) days after mailing of the notices of intention to abate and remove, a public hearing shall be held by a Hearing Officer. The hearing shall be 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 administration 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/her land within such ten (10) day period, the 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 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 hearing is not received within 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. No. 535 N.S. § 17-389; Ord. No. 1692 N.S.; Ord. No. 2881 § 13; Ord. No. 2973 N.S. § 16)

a. All hearings under this section shall be held before the Hearing Officer which shall hear all facts and testimony he/she deems pertinent. The facts and testimony may include testimony on the condition of the vehicle or parts thereof and the circumstances concerning its location on the 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/her reasons for such denial.

b. The Hearing Officer may impose such conditions and take such other action as it deems appropriate under the circumstances to carry out the purpose of this section. It may delay the time for removal of the vehicle or parts thereof if, in its 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 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.

(Ord. No. 535 N.S. § 17-3810; Ord. No. 1692 N.S.; Ord. No. 2914 N.S. § 8; Ord. No. 2973 N.S. § 16)

* Editor's Note: Former subsection 8-22.12, Appeal to City Council, previously codified herein and containing portions of Ordinance Nos. 525 N.S., 1692 N.S. and 2811 N.S., was repealed in its entirety by Ordinance No. 2914 N.S.

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 subsection 8-22.11 or fifteen (15) days after such action of the City Council authorizing removal following appeal, the vehicle or parts thereof may be disposed of by removal to a suitable site. After a vehicle has been removed it shall not thereafter be reconstructed or made operable.

(Ord. No. 535 N.S. § 17-3812; Ord. No. 1692 N.S.)

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. No. 535 N.S. § 17-3813; Ord. No. 1692 N.S.)

If the administrative costs and the cost of removal which are charged against the owner of a parcel of land pursuant to subsection 822.11 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 Section 38773.5 of the State Government Code and shall be transmitted to the Tax Collector for collection. The assessment shall have the same priority as other City taxes.

(Ord. No. 535 N.S. § 17-3814; Ord. No. 1692 N.S.)

It shall be unlawful for any person to abandon, park, store, or leave or permit the abandonment, parking, storing or leaving of any vehicle or parts thereof which is in an abandoned, wrecked, dismantled or physically or legally inoperative condition upon any private or public property not including highways within the City for a period in excess of five (5) days unless such vehicle 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. For purposes of this section, legally inoperative condition shall mean any condition, such as expired or absent vehicle registration, which would render the operation of the vehicle on a public street unlawful.

(Ord. No. 535 N.S. § 17-3815; Ord. No. 1692 N.S.; Ord. No. 2738 N.S. § 1)

It shall be unlawful 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 section or state law where such State law is applicable.

(Ord. No. 535 N.S. § 17-3816; Ord. No. 1692 N.S.)