Chapter 10 — ABANDONED, WRECKED, DISMANTLED, OR INOPERATIVE VEHICLES

Section

4-10.01 Findings and determinations; definitions

4-10.02 Exceptions

4-10.03 Effect on other laws

4-10.04 Administration and enforcement

4-10.05 Right of entry of certain persons

4-10.06 Administrative costs

4-10.07 Abatement and removal; authority

4-10.08 Abatement and removal; notices of intention

4-10.09 Abatement and removal; requests for hearings; notices

4-10.10 Abatement and removal; hearings; determinations

4-10.11 Removal

4-10.12 Removal; notices

4-10.13 Assessment of costs

4-10.14 Abandonment

4-10.15 Failure to remove

(A) In addition to and in accordance with the determination made and the authority granted by the state pursuant to the provisions of Cal. Veh. Code § 22660 to remove abandoned, wrecked, dismantled, or inoperative vehicles, or parts thereof, as public nuisances, the Council hereby makes the following findings and declarations:

(1) 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.

(2) 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 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.

(B) For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

HIGHWAY. 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.

OWNER OF THE LAND. 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. The last registered owner and legal owner of record.

PUBLIC PROPERTY. This term shall not include highway.

VEHICLE. 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.

('66 Code, § 4-10.01) (Ord. 147-C-S, passed 9-22-71)

(A) The provisions of this chapter shall not apply to:

(1) 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

(2) 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 dealer; or

when such storage or parking is necessary to the operation of a lawfully conducted business or commercial enterprise.

(B) The provisions of this section shall not authorize the maintenance of a public or private nuisance defined pursuant to provisions of law other than Cal. Veh. Code Chapter 10 (commencing with § 22650) of Division 11 and this chapter.

('66 Code, § 4-10.02) (Ord. 147-C-S, passed 9-22-71)

The provisions of this chapter are not 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.

('66 Code, § 4-10.03) (Ord. 147-C-S, passed 9-22-71)

Except as otherwise provided in this chapter, the provisions of this chapter shall be administered and enforced by the Chief of Police. In the enforcement of the provisions of this chapter, such officer, or any member of his department, 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.

('66 Code, § 4-10.04) (Ord. 147-C-S, passed 9-22-71)

When the Council 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.

('66 Code, § 4-10.05) (Ord. 147-C-S, passed 9-22-71)

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.

('66 Code, § 4-10.06) (Ord. 147-C-S, passed 9-22-71)

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 in this chapter.

('66 Code, § 4-10.07) (Ord. 147-C-S, passed 9-22-71)

(A) A 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.

(B) 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 Chapter 10 of Title 4 of the Antioch 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 Chapter 10 of Title 4 of the Antioch Municipal 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 City Council within such ten (10) day period, the Chief of Police 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 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/

(date) Chief of Police

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 Chapter 10 of Title 4 of the Antioch Municipal Code, has deter-mined 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 Chapter 10 of Title 4 of the Antioch Municipal 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 City Council within such ten (10) day period, the Chief of Police shall have the authority to abate and remove said vehicle (or said parts of a vehicle) without a hearing.

Notice mailed s/

(date) Chief of Police

('66 Code, § 4-10.08) (Ord. 147-C-S, passed 9-22-71)

(A) Upon request by the owner of the vehicle or owner of the land received by the Chief of Police within 10 days after the mailing of the notices of intention to abate and remove, a public hearing shall be held by the Council 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 costs of removal of the vehicle, or parts thereof, against the property on which it is located.

(B) If the owner of the land submits a sworn written statement denying responsibility for the presence of the vehicle on his land within such 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 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 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.

('66 Code, § 4-10.09) (Ord. 147-C-S, passed 9-22-71)

(A) All hearings held pursuant to the provisions of this chapter shall be held before the Council, which shall hear all facts and testimony it 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 Council 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 respon-sibility for the presence of the vehicle on the land, with his reasons for such denial.

(B) The Council may impose such conditions and take such other action as it deems appropriate under the circumstances to carry out the purposes of this chapter. The Council 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 Council 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.

(C) 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 sub-sequently acquiesced in its presence, the Council

shall not assess the costs of administration for 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.

(D) 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 Council but does not appear, he shall be notified in writing of the decision.

('66 Code, § 4-10.10) (Ord. 147-C-S, passed 9-22-71)

Five days after the adoption of the order declaring the vehicle, or parts thereof, to be a public nuisance 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.

('66 Code, § 4-10.11) (Ord. 147-C-S, passed 9-22-71)

Within five days after the date of removal of the vehicle, or parts thereof, notice shall be given to the State Department of Motor Vehicles 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.

('66 Code, § 4-10.12) (Ord. 147-C-S, passed 9-22-71)

If the administrative costs and the costs of removal which are charged against the owner of a parcel of land pursuant to the provisions of §4-10.10 of this chapter are not paid within 30 days after the date of the order, such costs shall be assessed against the parcel of land pursuant to the provisions of Cal. Gov't Code § 38773.5 and shall be transmitted to the Tax Collector for collection. Such assessment shall have the same priority as other city taxes.

('66 Code, § 4-10.13) (Ord. 147-C-S, passed 9-22-71)

It shall be unlawful and a misdemeanor 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 inopera-tive condition upon any private property or public property, not including highways, within the city for a period in excess of five 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.

('66 Code, § 4-10.14) (Ord. 147-C-S, passed 9-22-71) Penalty, see §§ 1-2.01 et seq.

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 to refuse to abate such nuisance when ordered to do so in accordance with the abatement provisions of this chapter or state laws where such state laws are applicable.

('66 Code, § 4-10.15) (Ord. 147-C-S, passed 9-22-71) Penalty, see §§ 1-2.01 et seq.