Blue Lake Municipal Code Ch. 8.12 Abandoned Vehicles

The accumulation and storage of abandoned, wrecked, dismantled, or inoperative vehicles or parts thereof on private or public property not including highways 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 parts thereof, on private or public property not including highways, except as expressly hereinafter permitted, is hereby declared to constitute a public nuisance which may be abated as such in accordance with the provisions of this chapter.

As used in this chapter:

"Abandoned vehicle"

means a vehicle left on a highway, public property, or private property in such inoperable or neglected condition that the owner's intention to relinquish all further right or interest in it may be reasonably concluded. A vehicle is presumed to be abandoned if it is left on a highway or public right-of-way and is parked, resting, or otherwise immobilized, lacks an engine, transmission, wheels, tires, doors, windshield or any other part of equipment necessary to be operated safely on the highway of this state.

"Dismantled vehicle"

means any vehicle that is wholly or partially disassembled.

"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 street.

"Inoperative vehicle"

means any motor vehicle that cannot be moved under its own power.

"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 nuisance vehicle"

means any vehicle that is abandoned, wrecked, dismantled, inoperative or any parts thereof, that is on public or private property, not including highways, and that creates a condition tending to reduce the value of private property, promotes blight and deterioration, invites plundering, creates fire hazards, constitutes an attractive nuisance endangering the health and safety of minors, harbors rodents and insects, or jeopardizes health, safety, and general welfare.

"Public property"

means a designation of those things which are considered as being owned by "the public," the entire state or community, and not restricted to dominion of a private person. It may also apply to any property owned by a state, nation, or municipality.

"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.

"Wrecked vehicle"

means any vehicle that is damaged to such an extent that it cannot be operated upon the highway. A vehicle which has been wrecked in a traffic accident, and which has been removed from the roadway to a storage facility, but which has not been claimed by its owner will not be considered an abandoned vehicle for the purposes of this chapter.

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 or a junkyard, or when such storage or parking is necessary to the operation of a lawfully conducted business or commercial enterprise.

C. A vehicle, or parts thereof, which is located behind a solid fence six feet in height, or which is not plainly visible from a highway.

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.

Except as otherwise provided herein, the provisions of this chapter shall be administered and enforced by the Chief of Police. In the enforcement of this chapter such officer and his or her 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.

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 chapter.

The City Council shall from time to time determine and fix an amount to be assessed as administrative costs (excluding and in addition to the actual cost of removal of any vehicle or parts thereof) under this chapter.

Until such time as the City Council shall determine otherwise, there is hereby fixed as the amount to be assessed as administrative costs the sum of $100.00 per removal of any vehicle or parts thereof as authorized by this chapter.

Upon discovering and/or determining the existence of an abandoned, wrecked, dismantled, or inoperative vehicle, or parts thereof, on private property or public property within the City, the Chief of Police shall have the authority to cause the abatement and removal thereof in accordance with the procedure prescribed herein.

A. A 10-day notice of intention to abate and remove a vehicle, or parts thereof, as a public nuisance shall be mailed by certified mail to the owner of the land and, if the vehicle is in such condition that identification numbers are available to determine ownership, 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. 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 wheels and incapable of being towed, is valued at less than $300.00 by a person specified in Section 22855 of the Vehicle Code, and is determined by the Chief of Police 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 Vehicle Code, of such a low-valued vehicle or part for which evidence of registration was recovered, the Chief of Police 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 15 days after the notice is mailed, from a location specified in Section 22662 of the Vehicle Code, final disposition may proceed. Neither the City of Blue Lake, its employees, nor any contractor thereof shall be liable for damage caused to a vehicle or part thereof by removal pursuant to this section.

B. The notices of intention to abate and remove a vehicle or part thereof, when required by this chapter, shall be in substantially the following form:

A. Upon request by the owner of the vehicle or owner of the land, (received by the City Council, by notification to the City Clerk), for a public hearing, such request to be within 15 days after the mailing of the notices of intention to abate and remove the vehicle or at the time of signing a release pursuant to Section 8.12.090, 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.

B. If the owner of the land submits to the City Council by notification to the City Clerk, a sworn written statement denying responsibility for the presence of the vehicle on his or her land within such time period, the statement shall be construed as a request for a hearing which does not require his or her presence. Notice of the hearing shall be mailed, by certified mail, at least 15 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.

C. If such a request for hearing is not received within said time period, the City shall have the authority to abate and remove the vehicle or parts thereof as a public nuisance without holding a public hearing.

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 said private property 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 his or her reasons for such denial.

B. The City Council may impose such conditions and take such other action as it 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 hereinafter provided and determine the 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 he or she has not subsequently acquiesced in 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 his or her land but does not appear, or, if any interested party makes a written presentation to the City Council but does not appear, he or she shall be notified in writing of the decision.

A. Five days after adoption of the order declaring the vehicle or parts thereof to be a public nuisance, or five days from the date of mailing of notice of the decision if such notice is required by Section 8.12.110, 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, except as provided in Vehicle Code Section 22661(f).

B. 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.

If the administrative costs and the cost of removal which are charged against the owner of a parcel of land pursuant to Section 8.12.110 are not paid within 30 days of the date of the order, such costs shall be assessed against the parcel of land pursuant to Section 38773.5 of the Government Code and shall be transmitted to the tax collector for collection. The assessment shall have the same priority as other City taxes.

A. It is unlawful and a misdemeanor 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 provisions of this chapter or State law where such State law is applicable.

B. Any person who is convicted of violating the provisions of this chapter shall be punished by imprisonment not exceeding six months, or by a fine not exceeding $500.00, or by both such fine and imprisonment.