Bakersfield Municipal Code Ch. 10.64 Abandoned or Junk Vehicles

This chapter is enacted pursuant to the authority of Section 22660 of the California Vehicle Code and Section 12 of the Charter of the city of Bakersfield. (Ord. 3187 § 1, 1988)

A. It is unlawful for any person to maintain an abandoned or junk vehicle on public or private property in such a manner that the vehicle is visible to the general public; provided, however, that this section shall be inapplicable to a vehicle or part thereof which is stored or parked in a lawful manner on private property in conjunction with the business of a licensed dismantler, licensed vehicle dealer, lawful junkyard, vehicle repair business or school training program; further provided, that this section shall be inapplicable to one such vehicle parked on any paved surface of any single-family residence; provided, that such vehicle, except for such times as one or more persons are present and working on such vehicle, is covered by a fitted opaque cover, no vehicle parts or tools are visible and shall have all licenses required by the state of California.

B. Any person who violates any provisions of this section and who had been convicted of such violations less than four times in the preceding twelve-month period shall be guilty of an infraction and, upon conviction thereof, shall be punishable by:

1. A fine not exceeding one hundred dollars for a first violation within one year;

2. A fine not exceeding two hundred dollars for a second violation within one year;

3. A fine not exceeding five hundred dollars for a third violation within one year.

C. Any person who violates any provisions of this section shall, upon conviction of any fourth or more violation within any twelve-month period, be guilty of a misdemeanor, and upon conviction thereof shall be punishable by a fine not exceeding one thousand dollars, or by imprisonment in the county jail not exceeding six months, or by both such fine and imprisonment. Each day during which any violation continues shall constitute a separate offense. (Ord. 5015 § 1, 2020; Ord. 4791 § 3, 2014; Ord. 3187 § 1, 1988)

Subject to the express exceptions set forth in Section 10.64.020(A), abandoned or junk vehicles and the parts thereof, located on either public or private property excluding highways, if visible to the general public, are declared to be a public nuisance subject to abatement and removal in accordance with the procedures specified in this chapter. This remedy is in addition to any other provided by law, including penalty provisions applicable for violations of provisions of this chapter. (Ord. 4791 § 4, 2014; Ord. 3187 § 1, 1988)

For purposes of this chapter, the following words and phrases shall have the meaning ascribed therefor:

A. “Abandoned or junk vehicle” means a vehicle or any major portion thereof which is incapable of movement under its own power and will remain so without major repair.

B. “Major repair” means the removal from any vehicle of a major portion thereof including, but not limited to, the differential, transmission, head, engine block, or oil pan.

C. “Motor vehicle” means a vehicle which is self-propelled.

D. “Vehicle” means any device by which any person or property may be propelled, moved, or drawn upon a highway, excepting a device moved exclusively by human power or used exclusively by human power or used exclusively upon stationary rails or track.

E. “Fitted opaque cover” means a fabric designed to specifically cover a type of vehicle in a color that is neutral earth tone and not a tarpaulin. (Ord. 5015 § 2, 2020; Ord. 3187 § 1, 1988)

A. Abandoned or junk vehicles, and the parts thereof, shall be abated by removal from all public and private property, not including highways, in the city and shall be disposed of in accordance with Section 22662 of the California Vehicle Code; provided, however, this chapter shall be inapplicable to: (1) a vehicle or part thereof which is completely enclosed within a building in a lawful manner or otherwise located on the property so as not to be visible from a public street; and (2) a vehicle or part thereof which is stored or parked in a lawful manner on private property in connection with the business of licensed dismantler, licensed vehicle dealer, a lawful junkyard, vehicle repair business or school training program; further provided, that this section shall be inapplicable to one such vehicle parked on any paved surface of any single-family residence; provided that such vehicle, except for such times as one or more persons are present and working on such vehicle, is covered by a fitted opaque cover and no vehicle parts or tools are visible.

B. The costs of administration and of removal pursuant to subsection A of this section may be recovered by special assessment against the property from which the abandoned or junk vehicle was removed. The assessment may be collected at the same time and in the same manner as ordinary municipal taxes are collected, and shall be subject to the same penalties and the same procedure and sale in case of delinquency as provided for ordinary municipal taxes. All laws applicable to the levy, collection and enforcement of municipal taxes shall be applicable to the special assessment. However, if any real property to which the cost of abatement relates has been transferred or conveyed to a bona fide purchaser for value, or if a lien of a bona fide encumbrancer for value has been created and attaches thereon, prior to the date on which the first installment of the taxes would become delinquent, then the cost of abatement shall not result in a lien against the real property but instead shall be transferred to the unsecured roll for collection. Notices or instruments relating to the abatement proceeding or special assessment shall be entitled to recordation. (Ord. 3187 § 1, 1988)

A. The building director of the city is designated as the person responsible for administration of this program.

B. Prior to removal of an abandoned or junk vehicle or part thereof located upon any property, the building director shall issue a ten-day notice of intention to abate and remove the vehicle or part thereof as a public nuisance unless the property owner and owner of the vehicle have signed releases authorizing removal and waiving further interest in the vehicle or part thereof.

C. For property zoned for agricultural use or not improved with a residential structure, no such notice of intention shall be required for removal of a vehicle or part thereof which is inoperable due to the absence of a motor, transmission, or wheels and incapable of being towed, is valued at less than two hundred dollars by a person specified in Section 22855 of the California Vehicle Code, and is determined by the building director to be a public nuisance presenting an immediate threat to public health or safety; provided, that the property owner has signed a release authorizing removal and waiving further interest in the vehicle or part thereof. Prior to final disposition under Section 22662 of the California Vehicle Code of such a low-valued vehicle or part for which evidence of registration was recovered, the building director shall provide notice to the registered and legal owners of intent to dispose of the vehicle or part, and if the vehicle or part is not claimed and removed within twelve days after the notice is mailed, from a location specified in said Section 22662, final disposition may proceed. Neither the city nor any contractor of the city shall be liable for damage caused to a vehicle or part thereof by removal pursuant to this section.

D. The ten-day notice of intention to abate and remove a vehicle or part thereof, when required by this section, shall contain a statement of the hearing rights of the owner of the property on which the vehicle is located and of the owner of the vehicle. The statement shall include notice to the property owner that he may appear in person at a hearing or may submit a sworn written statement denying responsibility for the presence of the vehicle on the land, with his reasons for such denial, in lieu of appearing. The notice of intention to abate shall be mailed, by registered or certified mail, to the owner of the land as shown on the last equalized assessment roll and to the last registered and legal owners of record unless the vehicle is in such condition that identification numbers are not available to determine ownership.

E. A public hearing shall be held before the building director upon request for such a hearing by the owner of the vehicle or the owner of the land on which such vehicle is located. This request shall be made to the building director within ten days after the mailing of notice of intention to abate and remove the vehicle or at the time of signing a release pursuant to subsection B of this section. If the owner of the land on which the vehicle is located submits a sworn written statement denying responsibility for the presence of the vehicle on his land within such time period, this statement shall be construed as a request for hearing which does not require the presence of the owner submitting such request. If such a request is not received within such period, the building director shall have the authority to remove the vehicle.

F. After a vehicle has been removed, it shall not 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 California Vehicle Code, in which case the vehicle may be reconstructed or made operable.

G. The owner of the land on which the vehicle is located may appear in person at the hearing or present a sworn written statement denying responsibility for the presence of the vehicle on the land, with his reasons for such denial. If it is determined at the hearing that the vehicle was placed on the land without the consent of the landowner and that he has not subsequently acquiesced in its presence, then the city shall not assess costs of administration or removal of the vehicle against the property upon which the vehicle is located or otherwise attempt to collect such cost from such owner.

H. The building director shall give notice to the Department of Motor Vehicles within five days after the date of a removal, identifying the vehicle or part thereof and any evidence of registration available, including, but not limited to, the registration card, certificates of ownership, or license plates. (Ord. 3187 § 1, 1988)