Brisbane Municipal Code Ch. 8.20 Dismantled, Junked or Wrecked Motor Vehicles

In addition to and in accordance with the determination made and the authority granted by the state under Section 22660 of the Vehicle Code to remove abandoned, wrecked, dismantled or inoperative vehicles, or parts thereof, as public nuisances, the council makes the following findings and declarations: 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, is declared to constitute a public nuisance which may be abated as such in accordance with the provisions of this chapter.

(Ord. 383 § 1(part), 1993: Ord. 164 § 1(part), 1971).

For the purposes of this chapter, the following words shall have the meanings respectively ascribed to them in this section:

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 street.

B. "Inoperative vehicle" means a vehicle which is not capable of being operated, or permitted to be operated, on the public streets and highways because of mechanical deficiencies or lack of current valid vehicle registration or license tags.

C. "Owner of the land" means the owner of the land on which the vehicle, or parts thereof, is located, as shown on the latest available county assessment roll.

D. "Owner of the vehicle" means the person shown on the records of the Department of Motor Vehicles as the registered owner of the motor vehicle.

E. "Vehicle" means a device by which a person or property may be propelled, moved, or drawn upon a highway, except a device moved exclusively by human power or used exclusively upon stationary rails or tracks.

In addition to the foregoing definitions, the term "automotive repair shop" shall have the same meaning as defined in Section 5.66.010(A) of the Brisbane Municipal Code and the term "gasoline service station" shall have the same meaning as defined in Section 17.04.345 of the Brisbane Municipal Code.

(Ord. 404 § 1, 1996: Ord. 164 § l(part), 1971).

Upon discovering the existence of an abandoned, wrecked, dismantled, or inoperative vehicle, or parts thereof, on private property or public property, including highways, the chief of police or his designee in the department shall have the authority to cause the abatement and removal thereof in accordance with the procedure prescribed in this chapter.

(Ord. 383 § 1(part), 1993: Ord. 164 § 7, 1971).

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.

(Ord. 164 § 5, 1971).

A ten (10) day notice of intention to abate and remove the vehicle, or parts thereof, as-a public nuisance shall be mailed by registered 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 owner of the land)

As owner shown on the last equalized assessment roll of the land located at (address) ___________, you are hereby notified that the undersigned pursuant to Ordinance No. 164 has determined that there exists upon said land an (or parts of an) abandoned, wrecked, dismantled or inoperative vehicle registered to ___________, license number ___________, which constitutes a public nuisance pursuant to the provision of Ordinance No. 164.

You are hereby notified to abate said nuisance by the removal of said vehicle (or said parts of a vehicle) within 10 days from the date of mailing of this notice, and upon your failure to do so the same will be abated and removed by the city and the costs thereof, together with administrative costs, assessed to you as owner of the land on which said vehicle (or said parts of a vehicle) is located.

As owner of the land on which said vehicle (or said parts of a vehicle) is located, you are hereby notified that you may, within 10 days after the mailing of this Notice of Intention, request a public hearing and if such a request is not received by the city manager within such 10-day period, the Chief of Police or designee in the department shall have the authority to abate and remove said vehicle (or said parts of a vehicle) as a public nuisance and assess the costs as aforesaid without a public hearing. You may submit a sworn written statement within such 10-day period denying responsibility for the presence of said vehicle (or said parts of a vehicle) on said land, with your reasons for denial, and such statement shall be construed as a request for hearing at which your presence is not required. You may appear in person at any hearing requested by you or the owner of the vehicle or, in lieu thereof, may present a sworn written statement as aforesaid in time for consideration at such hearing.

NOTICE OF INTENTION TO ABATE AND REMOVE AN ABANDONED, WRECKED, DIS- MANTLED 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 of record of (description of vehicle - make, model, license, etc.), you are hereby notified that the undersigned pursuant to Section 4 of Ordinance No. 164 has determined that said 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. 164.

You are hereby notified to abate said nuisance by the removal of said vehicle (or parts of a vehicle) within 10 days from the date of mailing of this notice.

As registered (and/or legal) owner of record of said vehicle (or said parts of a vehicle), you are hereby notified that you may, within 10 days after the mailing of this notice of intention, request a public hearing and if such a request is not received by the City Manager within such 10-day period, the Chief of Police or his designee in the department shall have the authority to abate and remove said vehicle (or said parts of a vehicle) without a hearing.

(Ord. 164 § 8, 1971).

A. Upon request by the owner of the vehicle or owner of the land received by the chief of police or his designee in the department within ten (10) days after the mailing of the notices of intention to abate and remove, a public hearing shall be held by the city manager 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 a sworn written statement denying responsibility for the presence of the vehicle on his land within such ten (10) day period, the statement shall be construed as a request for a hearing which does not require his presence. Notice of the hearing shall be mailed, by registered mail, at least ten (10) 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 (10) 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.

(Ord. 164 § 9, 1971).

All hearings under this chapter shall be held before the city manager 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 property or public property. The city manager 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 reasons for such denial.

(Ord. 164 § 10(part), 1971).

A. The city manager 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 manager 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 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.

B. 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 has not subsequently acquiesced in its presence, the city manager 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 the owner of the land.

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

(Ord. 164 § 10(part), 1971).

A. Any interested party may appeal the decision of the city manager by filing a written notice of appeal with the city manager within five (5) days after its decision.

B. Such appeal shall be heard by the city council which may affirm, amend or reverse the order or take other action deemed appropriate.

C. The clerk shall give written notice of the time and place of the hearing to the appellant and those persons specified in Section 8.20.050.

D. In conducting the hearing, the city council shall not be limited by the technical rules of evidence.

(Ord. 164 § 11, 1971).

Five (5) days after adoption of the order declaring the vehicle, or parts thereof, to be a public nuisance, five (5) days from the date of mailing of notice of the decision if such notice is required by Section 8.20.080, or fifteen (15) days after such action of the governing body authorizing removal following appeal, the vehicle, or parts thereof, may be disposed of by removal to a scrap yard or automobile dismantler's yard. Except for vehicles qualifying for either horseless carriage license plates or historical vehicle license plates pursuant to California Vehicle Code Section 22661, after a vehicle has been removed it shall not thereafter be reconstructed or made operable.

(Ord. 261 § 32, 1980: Ord. 164 § 12, 1971).

A. Within five (5) years 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.

B. Immediately after removal of the vehicle, the public agency which removed, or caused the removal of the vehicle shall notify the stolen vehicle system of the Department of Justice in Sacramento of the removal.

(Ord. 383 § 1(part), 1993: Ord. 164 § 13, 1971).

If the administrative costs and the cost of removal which are charged against the owner of a parcel of land pursuant to Section 8.20.080 are not paid within thirty (30) days of the date of the order, or the final disposition of an appeal therefrom, such costs shall be assessed against the parcel of land pursuant to Section 38773.5 for cities or Section 25845 for counties 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.

(Ord. 164 § 14, 1971).

The city council shall from time to time determine and fix an amount to be assessed as administrative costs excluding the actual cost of removal of any vehicle, or parts thereof, under this chapter.

(Ord. 164 § 6, 1971).

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.

(Ord. 164 § 15, 1971).

A. The provisions of this chapter shall not apply to:

1. A vehicle, or parts thereof, which is completely enclosed within a building in a lawful manner or by a solid fence or landscaping that completely screens visibility from adjacent public or private property; or

2. A vehicle, or parts thereof, owned by an auto wrecker to whom a permit has been duly issued pursuant to Chapter 5.28 of the Brisbane Municipal Code, which is stored or kept in accordance with the requirements of Section 5.28.080 of Chapter 5.28; or

3. A vehicle stored or kept upon the premises of a legally established and legally operating automotive repair shop or gasoline service station, where all of the following conditions are satisfied:

(a) The operator of the establishment is actively and continuously engaged in the repair or servicing of the vehicle;

(b) The period of time during which the vehicle is stored or kept upon the premises does not exceed thirty (30) working days, unless the operator establishes, to the satisfaction of the chief of police, that the repair or servicing work is being diligently performed but cannot reasonably be completed within such period of time and it is not reasonably possible to comply with the provisions of subsection (A)(1) of this section. In such event, the chief of police may grant extensions of time not exceeding a total of sixty (60) calendar days.

B. Nothing in this section shall authorize the maintenance of a public or private nuisance as defined under provisions of law other than Chapter 10, commencing with Section 22650, of Division 11 of the Vehicle Code and this chapter.

(Ord. 404 § 2, 1996: Ord. 164 § 2, 1971).

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, statues, and ordinances heretofore or hereafter enacted by the state, or any other legal entity or agency having jurisdiction.

(Ord. 164 § 3, 1971).

Except as otherwise provided in this chapter, the provisions of this chapter shall be administered and enforced by the chief of police or his designee in the department. In the enforcement of this chapter such officer and his 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.

(Ord. 164 § 4, 1971).