Chapter 12.98 — ABANDONED, DISMANTLED OR INOPERATIVE VEHICLES

As used in this chapter.

A. "Vehicle" means a device by which any person or property may be propelled, moved, or drawn upon a roadway, except a device moved by human power or used exclusively upon stationary rails or tracks. Vehicle includes "part(s) thereof."

B. "Abandoned vehicle" means any vehicle which has been left stationary for more than seventy-two hours on property that is neither open to the public for parking nor part of the public right of way, without the consent of the person or entity that lawfully owns, controls or occupies that property.

C. "Inoperative vehicle" means any vehicle in such condition, as a result of mechanical and/or structural defects, however caused, that it cannot be driven under its own power.

D. "Dismantled vehicle" means a vehicle that has had, intentionally or unintentionally, one or more critical parts removed for sixty days or more. A critical part is any part that is needed to safely operate the vehicle, including but not limited to a wheel or tire, windshield, door, side quarter panel, trunk, hood, roof, steering wheel or transmission. A vehicle can be "dismantled" whether or not it is in a operative condition.

E. "Property owner" means the owner of the nonpublic land on which the vehicle is located, as shown on the last equalized assessment roll.

F. "Vehicle owner" means the last registered and legal owners of record, as shown by Department of Motor Vehicles records. (Ord. 6091-NS § 1, 1991)

A. It shall be unlawful for any person to park or store any abandoned, inoperative, or dismantled vehicle on public or private property.

B. It shall be unlawful for any person to fail to remove an abandoned, dismantled, or inoperative vehicle, or to refuse to abate such nuisance when ordered to do so pursuant to this chapter or applicable state law. (Ord. 6091-NS § 2, 1991)

A. This chapter shall not apply to any vehicle that is completely and lawfully enclosed within a building on private property so as not to be visible from the street or other public or private property; or to any vehicle, lawfully stored or parked on private property in connection with the business of a licensed vehicle dealer, junkyard, or dismantler; or to any vehicle displaying a special identification plate obtained from the state Department of Motor Vehicles under California Vehicle Code Section 5004 signifying that the vehicle is of historic or special interest, provided that such a vehicle is maintained in such a manner as not to constitute a health hazard and is located away from public view, or screened from ordinary public view, by means of a suitable fence, trees, shrubbery, opaque covering, or other appropriate means.

B. Any exception provided for in this chapter shall not be construed to permit the maintenance of a public or private nuisance as defined under any other provision of law. (Ord. 6126-NS § 1, 1992; Ord. 6091-NS § 3, 1991)

A. The City may contract with any person or entity to remove a vehicle declared to be a nuisance pursuant to this chapter, and may authorize such person or entity to enter upon private or public property to effectuate such removal.

B. The City may assess its administrative and removal costs under this chapter. A lien may be attached to the property pursuant to Government Code Section 38773.5. If such costs are not paid within thirty days of the date of the order requiring such payment, the order may be transmitted for collection to the tax collector, and shall have the same priority as other City taxes. No assessment shall be applied to property if the property owner does not own the vehicle, and either did not consent to its placement on the property or is financially unable to repair or dispose of the vehicle.

C. A notice of the City’s intention to abate ("Notice to Abate") a public nuisance by removing and disposing of an abandoned, dismantled or inoperative vehicle shall be mailed on the date of the notice by certified or registered mail to the following: (1) when the vehicle is located on private property, to the property owner at the address shown on the last equalized assessment roles, and to the vehicle owner at the address shown by the Department of Motor Vehicles records; and (2) when the vehicle is located on public property, to the vehicle owner at the address shown by the Department of Motor Vehicles records. If the license plate and identification numbers cannot be ascertained to determine ownership because of the condition of the vehicle, notice posted on the vehicle shall be deemed adequate notice to the owner of such vehicle of purposes of this section.

D. Notice to abate.

1. The notice to abate shall inform the owners of (a) the violation of this chapter, (b) the City’s intent to
remove and dispose of the vehicle if the violation is not remedied within ten days of the date of the notice, (c)
the City’s intention to assess the removal and administrative costs against the property owner, (d) the right to
submit a written request for a hearing within ten days of the date the notice to contest the alleged violation of
the chapter, and (e) the person and office to which said written request must be submitted.

2. In addition, the notice to abate sent to the property owner shall also inform the property owner of their
right to submit a sworn written statement, in lieu of appearing at a hearing, denying ownership of the vehicle,
and either denying having given consent to the placement of the vehicle on the land or establishing financial
inability to repair or dispose of the vehicle. The receipt of such a sworn written statement from the property
owner within ten days of the date of the notice to abate shall be construed as a request for a hearing by the
property owner on the sole issue of whether the property owner should be assessed for the administrative
and removal costs, at which hearing the property owner need not appear.

3. In addition, the notice to abate shall inform the owners that instead of requesting a hearing, a property
or vehicle owner may, within ten days of the date of the notice to abate, admit to a violation of this chapter
but request an extension of time to comply with the notice to abate. The City may, in its discretion, grant any
reasonable extension of time. If the owner requesting an extension fails to comply with this chapter by the
end of the extension period, the City may remove and dispose of the vehicle without any hearing. However, if
a hearing was requested by the property owner on the issue of the property owner’s responsibility for the
vehicle, that hearing must still be conducted if the property owner is to be assessed administration and
removal costs.

E. Hearings.

1. A City employee designated by the City Manager that is not in the Police Department and has a job
classification equivalent to or higher than a housing inspector shall hold a hearing if a timely written request
is received from either the owner of the property on which the vehicle is located, or by the vehicle owner. If
no timely request for a hearing is received, the City may abate the nuisance by removing and disposing of the
vehicle.

2. Notice of the time and place of the hearing shall be sent by first class United States mail at least ten days
prior to the hearing to the owner of the property on which the vehicle is located, and to the vehicle owner.
The notice of the hearing shall be sent to the same addresses as the ten day notice of intent to abate or
remove, unless other address information is provided by any owner or their agent. If the license plate and
identification numbers cannot be ascertained to determine ownership because of the condition of the
vehicle, notice posted on the vehicle shall be deemed adequate notice to the owner of such vehicle of
purposes of this section.

3. The hearing officer shall hear all facts and testimony deemed pertinent. The technical rules of evidence
shall not apply to the hearing. Said facts and testimony may address the condition of the vehicle, or parts
thereof. The hearing officer may issue orders deemed appropriate to carry out the purpose of this chapter,
such as granting an extension for removal or abatement by an owner. At the conclusion of the hearing, if the
hearing officer finds by a preponderance of the evidence that the vehicle is abandoned, inoperative or dismantled in violation of this chapter, they may order the same removed and disposed of as a public
nuisance. The hearing officer may also determine the administrative and removal costs for the purpose of
assessing the costs of enforcing this chapter against the property owner. However, no assessment shall be
applied to property if the property owner proves that they do not own the vehicle, and either did not consent
to its placement on the property or is financially unable to repair or dispose of the vehicle.

F. Removal of the vehicle. Fifteen days after the ten day notice to abate or remove expires without a request for a hearing, or thirty days after an order for the removal of a vehicle as a public nuisance is made pursuant to a hearing, if one is requested, the vehicle shall be disposed of by removal to a scrap yard or automobile dismantler’s yard.

If the property owner or any lawful occupant of the property objects to the City’s authorized agent entering upon the property to remove the vehicle, the hearing officer or their agent shall obtain a warrant from the municipal court to authorize entry onto the property for the purpose of removing the vehicle.

Following removal, no vehicle that is dismantled or inoperative shall thereafter be resold, reconstructed, or made operable, unless it is a vehicle which qualifies for either horseless carriage license plates or historical vehicle license plates, pursuant to California Vehicle Code Section 5004.

G. Notice to DMV. Within five days after the date of the removal of the vehicle, notice shall be given to the Department of Motor Vehicles which identifies the vehicle, or parts thereof. At the same time there shall be transmitted to the Department of Motor Vehicles and to the Department of Justice any evidence of registration that is available, including registration certificates, certificates of title, and license plates. (Ord. 6208-NS § 1, 1993; Ord. 6126-NS § 1, 1992; Ord. 6091-NS § 4, 1991)

This chapter does not constitute the exclusive regulation of abandoned, inoperative or dismantled vehicles within the City of Berkeley; this chapter shall be considered supplemental and in addition to any other administrative regulations, regulatory codes, ordinances and statutes in existence or hereafter enacted by any legal entity or agency having the jurisdiction to do so. (Ord. 6091-NS § 5, 1991)