Bradbury Municipal Code Ch. 112 Vehicle Nuisances

Footnotes:

--- (10) ---

State Law reference— Removal of parked and abandoned vehicles generally, Vehicle Code § 22650 et seq.; authority of City to adopt ordinance for the abatement and removal of abandoned, wrecked, dismantled, or inoperative vehicles from private or public property, Vehicle Code § 22660.

The provisions of this chapter shall govern the abatement and removal of motor vehicles, or parts thereof, which are abandoned, wrecked, dismantled or inoperative. The term "motor vehicle" as used in this chapter shall be defined as set forth in Vehicle Code § 670.

(Ord. No. 297, § 9.06.070.010, 3-20-2007)

Any motor vehicle which is abandoned, wrecked, dismantled, or inoperative, or any part thereof, located on any private property or public property, not including highways, in the City is hereby declared to be a public nuisance.

(1) Abatement. Where such motor vehicle is found to constitute a public nuisance, by reason of its condition and location, as hereinafter provided, said nuisance shall be abated and the motor vehicle, and all parts thereof, shall be removed and disposed of as provided in this chapter.

(2) Resolution of intent.

a. Whenever the City Council finds, upon report by the City Manager, that any motor vehicle is being maintained contrary to the provisions of this chapter, the City Council shall, by resolution, declare its intent to conduct a hearing at a public meeting to ascertain whether the same constitutes a public nuisance, the abatement of which is appropriate under the provisions of this chapter. Said resolution shall describe the vehicle involved, and the property wherein the same is located, including, but not limited to, the correct identification number and license number thereof, if any.

b. Said resolution shall include a notice of intention to abate and remove the vehicle or part thereof as a public nuisance and shall contain a statement of the hearing rights of the owner of the property on which the vehicle is located and the owner of the vehicle. Said statement shall provide notice to the property owner that such owner may appear in person at a hearing or may present a sworn written statement denying responsibility for the presence of the vehicle on the land, with the owner's reasons for such denial, in lieu of appearing.

(3) Notice of intention to abate. The notice of intention to abate shall be given as follows:

a. By posting a copy of the City Council's resolution containing the notice conspicuously on the property whereon the motor vehicle is located at least ten days prior to the date of the hearing;

b. Copies of said resolution shall be served on the owner of the land whereon the vehicle is located, whose name appears, as such, on the last equalized assessment roll, and on the last registered and legal owner of record of the vehicle, unless the vehicle is in such condition that identification numbers are not available to determine ownership. Such notice shall be given not less than ten days prior to the date of hearing, by United States mail, certified or registered, with a five-day return requested and postage thereon prepaid. If such mailed notice is returned undelivered, the hearing shall be continued to a date not less than ten days from the date of such return; and

c. Notice shall also be given to the California Highway Patrol of such hearing, which notice shall identify the vehicle and/or part thereof proposed for removal; such notice shall be given at least ten days prior to the date of hearing. The failure of any person to receive the notices required hereunder shall not affect the validity of any proceedings taken pursuant to this chapter.

(Ord. No. 297, § 9.06.070.020, 3-20-2007; Ord. No. 375, § 12, 5-18-2021)

(a) Request for hearing. If the owner of the vehicle or the owner of the land on which such vehicle is located desires a hearing, said owner shall make a request to the City Clerk within ten days after the mailing of the notice of intention to abate and remove the vehicle. If the owner of land on which the vehicle is located submits a sworn written statement denying responsibility for the presence of the vehicle on the owner's land within such time period, such statement shall be construed as a request for a hearing which does not require the presence of the property owner.

(b) Conduct of hearing.

(1) At the hearing provided pursuant to the provisions of this chapter, the City Council shall hear and consider all relevant evidence, objections or protests, and shall receive testimony from owners, witnesses, City personnel and interested persons relative to the alleged public nuisance and the abatement thereof. Said hearing may be continued from time to time.

(2) The owner of the land on which the vehicle is located may appear in person at the hearing, or present a written statement in time for consideration at the hearing, denying responsibility for the presence of the vehicle on the land, together with the landowner's reasons for such denial. If the City Council determines that the vehicle was placed on the land without the consent of the landowner and that the landowner has not subsequently acquiesced in its presence, the cost of abatement thereof shall not be levied against such property owner.

(c) Notice of declaration of public nuisance. At the conclusion of the hearing, if the City Council determines that a public nuisance exists, it shall adopt a resolution declaring such motor vehicle to be a public nuisance, which shall be served in the manner as described in Section 9.112.020.

(d) Abatement of public nuisance. After a final determination that a motor vehicle, or parts thereof, constitutes a public nuisance within the meaning of this chapter, the owner of the motor vehicle, and/or the owner of the property whereon the same is located, shall abate said public nuisance by removing the same in the time set forth in the resolution relating thereto. If such person fails to abate such public nuisance, the City Council shall direct the same to be abated by City forces or private contract in the time and manner permitted by Vehicle Code § 22660 et seq.

(Ord. No. 297, § 9.06.070.030, 3-20-2007)

Where the abatement of a public nuisance pursuant to this chapter is accomplished by the City, the provisions of Sections 9.115.080, 9.115.090, 9.115.100 and 9.115.110 shall be applicable to such proceedings.

(Ord. No. 297, § 9.06.070.040, 3-20-2007)

The provisions of this chapter shall be administered by the City Manager or other regularly salaried, full-time employees of the City, except that the removal of vehicles or parts thereof from property may be by any other duly authorized person.

(Ord. No. 297, § 9.06.070.050, 3-20-2007)

Within five days after the date of removal of the vehicle pursuant to this chapter, the City Manager shall cause notice to be forwarded to the Department of Motor Vehicles identifying the vehicle or part thereof and any evidence of registration available, including, but not limited to, registration certificates of title or license plates.

(Ord. No. 297, § 9.06.070.060, 3-20-2007)

Motor vehicles or parts thereof declared to be a public nuisance pursuant to this chapter shall be disposed of in the manner provided by Vehicle Code § 22660; provided that, after a motor vehicle has been declared to be a public nuisance, and has been removed from the premises where located, the same shall not be reconstructed or otherwise made operable.

(Ord. No. 297, § 9.06.070.070, 3-20-2007)

This chapter shall not apply to:

(1) Enclosed vehicle. 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; or

(2) Stored or lawfully parked vehicle. 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 or junkyard; provided, however, that this exception shall not authorize the maintenance of a public or private nuisance as defined under provisions of law other than this chapter.

(Ord. No. 297, § 9.06.070.080, 3-20-2007)