Bishop Municipal Code Ch. 8.16 Abandoned Vehicles

A. In addition to and in accordance with the determination 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 findings and declarations set out in subsection B of this section.

B. 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 in this chapter, constitutes a public nuisance which may be abated as such in accordance with the provisions of this chapter.

(Prior Code, § 1A-1; Code 1985, § 8.16.010)

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

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. The term "highway" includes "street."

B. 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.

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

D. Public property does not include the term "highway."

E. 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, § 1A-2; Code 1985, § 8.16.020)

This chapter shall not apply to:

A. A vehicle or parts 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;

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.

(Prior Code, § 1A-3; Code 1985, § 8.16.030)

Nothing in section 8.16.030 authorizes the maintenance of a public or private nuisance as defined under provisions of law other than Vehicle Code § 22650 et seq., and this chapter.

(Prior Code, § 1A-4; Code 1985, § 8.16.040)

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 or hereafter enacted by the city, the state, or any other legal entity or agency having jurisdiction.

(Prior Code, § 1A-5; Code 1985, § 8.16.050)

Except as otherwise provided in this chapter, the provisions of this chapter shall be administered and enforced by the city police department. In the enforcement of this chapter by such department, its officers and 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 parts thereof declared to be a nuisance pursuant to this chapter.

(Prior Code, § 1A-6; Code 1985, § 8.16.060)

When the city council has contracted with or granted a franchise to any person or persons, 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 chapter.

(Prior Code, § 1A-7; Code 1985, § 8.16.070)

The city council shall from time to time determine and fix an amount to be assessed as administrative costs under this chapter.

(Prior Code, § 1A-8; Code 1985, § 8.16.080)

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 police department thereof shall have the authority to cause the abatement and removal thereof in accordance with the procedure prescribed in this chapter.

(Prior Code, § 1A-9; Code 1985, § 8.16.090)

A ten-day notice of intention to abate and remove the 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 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 or record of (description of vehicle - make, model, license, etc.), you are hereby notified that the undersigned pursuant to Ordinance No. _____ , has determined that the 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 Ordinance No. _____.

You are hereby notified to abate the nuisance by the removal of the vehicle (or the parts of a vehicle) within ten days from the date of mailing of this notice.

As registered (and/or legal) owner of record of the vehicle (or the parts of a vehicle), you are hereby notified that you may, within ten days after the mailing of this notice of intention, request a public hearing and if such a request is not received by the city administrator within such ten-day period, the police department of the city shall have the authority to abate and remove the vehicle (or the parts of a vehicle) without a hearing.

Notice Mailed ________

(date)

(Prior Code, § 1A-10; Code 1985, § 8.16.100)

A. Upon request by the owner of the vehicle or owner of the land received by the city clerk 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 city administrative costs and the cost of removal of the vehicle or parts thereof against the property on which it is located.

B. If the owner of the land submits a sworn statement denying responsibility for the presence of the vehicle on the owner's land within such ten-day period, the statement shall be construed as a request for a hearing which does not require the owner's presence. Notice of the hearing shall be mailed, by registered or certified 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 the ten 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, § 1A-11; Code 1985, § 8.16.110)

A. All hearings under this chapter shall be held before the city council which shall hear all facts and testimony it deems pertinent. The facts and testimony may include testimony on the condition of the vehicle or parts thereof and the circumstances concerning its location on the private or public property. The city council shall not be limited by the technical rules of evidence. The owner of the land 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 the owner's reasons for such denial.

B. The city council may impose such conditions and take such other action as its deems appropriate under the circumstances to carry out the purpose of this chapter. It may delay the time for removal of the vehicle or parts thereof if, in its opinion, the circumstances justify it. At the conclusion of the public hearing, the city council 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 city 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.

C. 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 the owner has not subsequently acquiesced to its presence, the city council 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.

D. If the owner of the land submits a sworn written statement denying responsibility for the presence of the vehicle on the owner's land but does not appear, or if an interested party makes a written presentation to the city council but does not appear, the owner shall be notified in writing of the decision.

(Prior Code, § 1A-12; Code 1985, § 8.16.120)

Five days after adoption of the order declaring the vehicle or parts thereof to be a public nuisance, five days from the date of mailing of notice of the decision, if such notice is required by section 8.16.120, the vehicle or parts thereof may be disposed of by removal to a scrapyard or automobile dismantler's yard. After a vehicle has been removed, it shall not thereafter be reconstructed or made operable. Notwithstanding the foregoing, vehicles which qualify for horseless carriage or historical vehicle license plates are exempt from the restrictions of this section as provided in Vehicle Code § 22661(f).

(Prior Code, § 1A-13; Code 1985, § 8.16.130; Ord. No. 430, § 18, 1985)

Within five days after the date of removal of the vehicle or parts thereof, notice shall be given to the department of motor vehicles identifying the vehicle or parts thereof removed. At the same time, there shall be transmitted to the department of motor vehicles any evidence of registration available, including registration certificates, certificates of title and license plates, and amount of mileage on the vehicle, if ascertainable, at the time of removal.

(Prior Code, § 1A-14; Code 1985, § 8.16.140)

If the city administrative costs and the cost of removal which are charged against the owner of a parcel of land pursuant to section 8.16.120 are not paid within 30 days of the date of the order, such costs shall be assessed against the parcel of land pursuant to Government Code § 38773.5 and shall be transmitted to the tax collector for collection. The assessment shall have the same priority as other city taxes.

(Prior Code, § 1A-15; Code 1985, § 8.16.150)

It is unlawful and an infraction for any person to abandon, park, store or leave or permit the abandonment, parking, storing or leaving of any licensed or unlicensed vehicle or parts thereof which is in an abandoned, wrecked, dismantled or inoperative condition upon any private property or public property, not including highways, within the city for a period in excess of ten days unless such vehicle or parts 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 licensed dismantler, licensed vehicle dealer or a junkyard.

(Prior Code, § 1A-16; Code 1985, § 8.16.160)

It is unlawful and an infraction for any person to fail or refuse to remove an abandoned, wrecked, dismantled or inoperative vehicle or parts thereof or refuse to abate such nuisance when ordered to do so in accordance with the abatement provision of this chapter or state law where such state law is applicable.

(Prior Code, § 1A-17; Code 1985, § 8.16.170)