Arroyo Grande Municipal Code Ch. 10.20 Abandoned, Wrecked, Dismantled and 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 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 parts thereof, on private or public property, not including highways, except as expressly permitted by the provisions of this chapter, is declared to constitute a public nuisance which may be abated as such in accordance with the provisions of this chapter.

(Prior code § 4-11.01 (part))

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

"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.

"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.

"Owner of the vehicle" means the last registered owner and legal owner of record.

"Public property" shall not include "highway."

"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.

(Prior code § 4-11.01 (part))

The provisions of this chapter shall not apply to:

A. A vehicle, or parts thereof, which is completely enclosed within a building in a lawful manner where such vehicle, or parts thereof, 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 lawfully conducted business or commercial enterprise.

The provisions of this section shall not 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 of the state and this chapter.

(Prior code § 4-11.02)

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 or any other legal entity or agency having jurisdiction.

(Prior code § 4-11.03)

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 and his or her deputies when any necessary inspection and/or abatement warrants or court order have been obtained, 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.

(Prior code § 4-11.04)

(Ord. No. 635, § 1, 8-23-2011)

When the council has contracted with or granted a franchise to, any person, such person shall be authorized to enter upon private 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.

(Prior code § 4-11.05)

The council shall, from time to time, determine and fix an amount to be assessed as administrative costs pursuant to the provisions of this chapter.

(Prior code § 4-11.06)

Upon discovering the existence of an abandoned, wrecked, dismantled or inoperative vehicle, or parts thereof, on private 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 set forth in this chapter.

(Prior code § 4-11.07)

A ten (10) day notice of intention to abate and remove a 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 the 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 Arroyo Grande Municipal Code Section 10.20.080, 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 Arroyo Grande Municipal Code, Title 10, Chapter 20. 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, will be 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 Arroyo Grande City Manager within such ten (10) day period, the Arroyo Grande 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 _____ (date) s/ _____ Chief of Police, Arroyo Grande

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 Municipal Code Section 10.20.080, 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 Arroyo Grande Municipal Code, Title 10, Chapter 20. 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 Manager of the City of Arroyo Grande within such ten (10) day period, the Arroyo Grande Chief of Police shall have the authority to abate and remove said vehicle (or said parts of a vehicle) without a hearing.

Notice mailed _____ (date) s/ _____ Chief of Police, Arroyo Grande

(Prior code § 4-11.08)

(Ord. No. 635, § 1, 8-23-2011)

Upon a request by the owner of the vehicle or owner of the land received by the chief of police 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 or his or her designee 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 costs of removal of the vehicle, or parts thereof, against the property on which the vehicle, or parts thereof, 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, 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 or certified 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 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.

(Prior code § 4-11.09)

(Ord. No. 635, § 1, 8-23-2011)

All hearings held pursuant to the provisions of this chapter shall be held before the city manager or his or her designee who shall hear all facts and testimony he or she 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 or public property. The city manager or his or her designee shall not be limited by the technical rules of evidence. The owner of the land on which the vehicle is located 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 or her reasons for such denial.

The city manager 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 provisions 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 so justify. At the conclusion of the public hearing, the city manager or his or her designee 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 provided in this chapter, 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 or she has not subsequently acquiesced in its presence, the city manager or his or her designee 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, or if an interested party makes a written presentation but does not appear, such person shall be notified in writing of the decision.

(Prior code § 4-11.10)

(Ord. No. 635, § 1, 8-23-2011)

(A) The decision of the city manager or his or her designee is final and there is no appeal therefrom.

(B) The city shall obtain inspection and/or abatement warrants or court orders where required by law to effectuate inspection, abatement or removal of a vehicle from private property.

(C) Five days after the adoption of the order declaring the vehicle, or parts thereof, to be a public nuisance, or five days after the date of mailing of notice of the decision, if such notice is required by the provisions of Section 10.20.110 of this chapter, the vehicle, or parts thereof, may be disposed of by removal to a scrapyard or automobile dismantler's yard.

(D) After a vehicle has been removed, it shall not thereafter be reconstructed or made operable, unless it is a vehicle which qualifies for either horseless carriage license plates or historical vehicle license plates pursuant to Section 5004 of the Vehicle Code of the State, in which case the vehicle may be reconstructed or made operable.

(Prior code § 4-11.11)

(Ord. No. 635, § 1, 8-23-2011)

Within five days after the date of the 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 the Department of Motor Vehicles of the state any evidence of registration available, including registration certificates, certificates of title, and license plates.

(Prior code § 4-11.12)

If the administrative costs and the cost of removal which are charged against the owner of a parcel of land pursuant to the provisions of Section 10.20.110 are not paid within thirty (30) days after the date of the order, 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.

(Prior code § 4-11.13)