Belvedere Municipal Code Ch. 10.38 Abatement of Abandoned Vehicles

ABATEMENT OF ABANDONED VEHICLES

Sections:

• 10.38.010 Abandoned, wrecked or inoperable vehicles declared a nuisance. 10.38.015 Definitions.

• 10.38.020 Abandoning vehicles on public or private property prohibited.

• 10.38.025 Abandonment prohibited—Violation—Penalty.

• 10.38.030 Abandonment—Presumption.

• 10.38.035 This chapter is additional regulation to other codes, statutes and ordinances.

• 10.38.040 Notice to abate or remove.

• 10.38.045 Notice to Department of Motor Vehicles and Department of Justice identifying the vehicles.

• 10.38.050 Request for public hearing.

• 10.38.055 Removal of abandoned vehicles.

• 10.38.060 Disposition of vehicles or parts.

A. In addition to and in accordance with the determination made and the authority granted by the State of California under Section 22660 of the California 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.

B. The accumulation and storage of abandoned, wrecked, dismantled, or inoperative vehicles or parts thereof on private or public property 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 part thereof, on private or public property, except as expressly permitted, is declared to constitute a public nuisance which may be abated as such in accordance with the provisions of this chapter. (Ord. 93-4 § 1, 1993.)

A. “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 streets.

B. “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.

• C. “Public property” includes “highways.”

D. “Inoperative vehicle” means a vehicle that cannot be moved under its own power, or vehicles not currently registered with the Department of Motor Vehicles, excluding those vehicles that have been filed as a nonoperational status. (Ord. 93-4 § 1, 1993.)

It shall be unlawful and an infraction for any person to abandon, park, store or leave, or to permit the abandonment, parking, storing or leaving of any licensed vehicle or part thereof which is in an abandoned, wrecked, dismantled or inoperative condition, upon any private property or public property within the City for a period in excess of ten days unless such vehicle or part 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 State-licensed dismantler, State-licensed vehicle dealer or junkyard. (Ord. 93-4 § 1, 1993.)

• A. No person shall abandon a vehicle upon any highway.

• B. No person shall abandon a vehicle upon public or private property without the express or implied consent of the owner or person in lawful possession or control of the property.

C. Any person convicted of a violation of this Section shall be punished by a fine of not less than one hundred dollars and shall provide proof that the costs of removal and disposition of the vehicle have been paid. The fine may be paid in installments if the court determines that the defended is unable to pay the entire amount in one payment.

D. Proof that the cost of removal and disposition of the vehicle have been paid shall not be required if proof is provided to the court that the vehicle was stolen prior to the abandonment. That proof may consist of a police report or other evidence acceptable to the court.

E. The costs required to be paid for the removal and disposition of any vehicle determined to be abandoned pursuant to Section 22669 of the California Vehicle Code shall not exceed those for towing and seven days of storage. This subsection does not apply if the registered owner or legal owner has completed and returned to the lienholder a “declaration of opposition” form within the time specified in Section 22851.8 of the California Vehicle Code. (Ord. 93-4 § 1, 1993.)

A. The abandonment of any vehicle in a manner as provided in Sections 10.38.020 and 10.38.025 shall constitute a prima facie presumption that the last registered owner of record is responsible for the abandonment and is thereby liable for the cost of removal and disposition of the vehicle.

B. An owner who has made a bona fide sale or transfer to a vehicle and has delivered possession of the vehicle to a purchaser may overcome the presumption prescribed in subsection A of this Section by demonstrating that the owner has complied with Section 5900 of the California Vehicle Code or providing other proof satisfactory to the court. (Ord. 93-4 § 1, 1993.)

This chapter 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 enacted by the City, the State, or any other local entity or agency having jurisdiction. (Ord. 93-4 § 1, 1993.)

A. A ten-day notice of intention to abate and remove the vehicle or part thereof as a public nuisance shall be mailed, attested to by a written and signed proof of service to the owner of the land as shown on the last County assessment roll as provided to the City on an annual basis by the County Assessor/Recorder, and to the last registered or legal owner of record, unless the vehicle is in such condition that identification numbers are not available to determine ownership. Such notice shall contain a statement of the hearing rights of the owner of the property and the owner of the vehicle and shall include notice to the property owner that he/she may appear in person at a hearing or may present a sworn written statement denying responsibility for the presence of the vehicles on the land, with his/ her reasons for such denial, in lieu of appearing

B. The requirement that a ten-day notice of intention to abate and remove the vehicle or part thereof as a public nuisance may be waived if the property owner and the owner of the vehicle have signed releases authorizing removal and waiving further interest in the vehicle or part thereof. However, the notice of intention is not required for removal of a vehicle or part thereof which is inoperable due to the absence of a motor, transmission or wheel 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 to be a public nuisance presenting an immediate threat to public health or safety. (Ord. 2006-9 § 4, 2006; Ord. 93-4 § 1, 1993.)

Within five days after removal, a notice shall be given to the Department of Motor Vehicles and to the Department of Justice 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, according to the provisions of Section 22852 of the California Vehicle Code. The Department of Justice shall be notified upon the removal of the vehicle according to the provisions of Section 22853 of the California Vehicle Code. (Ord. 93-4 § 1, 1993.)

A. A public hearing shall be held before the Police Chief, upon request for such hearing by owner of the vehicle or owner of the land on which such vehicle is located. This request shall be made to the police clerk of the police department within ten days after the mailing of notice of intention to abate and remove the vehicle. 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 policy Chief shall have the authority to remove the vehicle.

B. 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 policy Chief 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 cost from such owner. (Ord. 93-4 § 1, 1993.)

A. Any peace officer, as that term is defined in Chapter 4.5 (commencing with Section 830) of Title 3 Part 2 of the Penal Code, or designated by the City Council to perform this function, in the territorial limits in which the officer or employee is authorized to act, who has reasonable grounds to believe that the vehicle has been abandoned, as determined pursuant to Section 10.38.020, may remove the vehicle from a highway or from public or private property.

B. When the Police Chief 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 this Section.

C. Motor vehicles which are parked, resting or otherwise immobilized on any highway or public right-of-way and which lack an engine, transmission, wheels, tires, doors, windshield, or any other part of equipment necessary to operate safely on the highways of this State, are hereby declared a hazard to public health, safety and welfare may be removed immediately upon discovery by a peace officer or other designated employee of the State, County or City. (Ord. 93-4 § 1, 1993.)

A. 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 cases the vehicle may be reconstructed or made operable.

B. Vehicles or parts thereof may be disposed of by removal to a scrap yard, automobile dismantles yard, or any suitable site operated by a local authority for processing as scrap, or other final disposition consistent with Section 22851.3 of the California Vehicle Code. (Ord. 93-4 § 1, 1993.)