Barstow Municipal Code Ch. 7.04 General Provisions

In addition to and in accordance with the determination made and the authority granted by the state under Vehicle Code § 22660 to remove abandoned, wrecked, dismantled or inoperative vehicles or parts thereof as public nuisances, the city council 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 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 declared to constitute a public nuisance which may be abated as such in accordance with the provisions of this title.

(2) As used in this title:

Highway means a way or place of whatever nature, publicly maintained and open to the use of the public for purposes of vehicular travel. The term "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 does not include the term "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.

(Code 1969, § 7.04.010; Ord. No. 306, § 1(part), 1970; Ord. No. 351, §§ 1, 2, 1971)

(a) This title shall not apply to:

(1) A vehicle or part 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;

(2) One vehicle or part thereof which is located behind a solid fence six feet in height or which is not plainly visible from a highway, street or other public or private property; or

(3) A vehicle or part 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. 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) or Division 11 of the Vehicle Code and this title.

(b) This title 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 council of the city, the state or any other legal entity or agency having jurisdiction.

(Code 1969, § 7.04.020; Ord. No. 306, § 1(part), 1970)

(a) Except as otherwise provided herein, the provisions of this title shall be administered and enforced by the chief building inspector. In the enforcement of this title such officer and his deputies 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 part thereof declared to be a nuisance pursuant to this title.

(b) When the city council has contracted with or granted a franchise to any person or persons, such person or persons 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 this title.

(Code 1969, § 7.04.030; Ord. No. 306, § 1(part), 1970)

The city council shall from time to time determine and fix an amount to be assessed as administrative costs. This cost of administration may be set as a fixed sum per removal, or as a percentage of the actual cost of removal under this title.

(Code 1969, § 7.04.040; Ord. No. 306, § 1(part), 1970)

(a) 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 building inspector shall have the authority to cause the abatement and removal thereof in accordance with the procedure prescribed herein.

(b) A ten-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 property owner and the owner of the vehicle have signed releases authorizing removal and waiving further interest in the vehicle or part thereof. The notices of intention shall be in substantially the following form:

Upon request by the owner of the vehicle or owner of the land received by the chief building inspector within ten days after the mailing of the notices of intention to abate and remove, a public hearing shall be held by the city 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 cost of removal of the vehicle or parts thereof against the property on which it is located.

(c) 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-day period, this 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 ten 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 days after mailing the notice of intention to abate and remove, the city council shall have the authority to abate and remove the vehicle or parts thereof as a public nuisance without holding a public hearing.

(d) The notice of intention is not required for removal of a vehicle or part thereof that is inoperable due to the absence of a motor, transmission, or wheels and incapable of being towed, is valued at less than $200.00 by a person specified in Vehicle Code § 22855, and is determined by the city council 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.

(Code 1969, § 7.04.050; Ord. No. 351, § 3, 1971)