Calexico Municipal Code Ch. 8.48 Abandoned Vehicles

As used in this chapter, the following words shall have the following meanings:

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

(Ord. 1065 § 1, 2007: Ord. 632 § 1 (part), 1968)

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 enacted before or after the effective date of the ordinance codified in this chapter by the city, the state, or any other legal entity or agency having jurisdiction.

(Ord. 632 § 3, 1968)

In addition to and in accordance with the determination made and the authority granted by the state of California under Section 22660 of the Vehicle Code to remove abandoned, wrecked, dismantled or inoperative vehicles or parts thereof as public nuisances, the city 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 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 part thereof, on private or public property, 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.

(Ord. 1065 § 2, 2007: Ord. 632 § 1 (part), 1968)

Except as otherwise provided in this chapter, 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 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 part thereof declared to be a nuisance pursuant to this chapter.

(Ord. 632 § 4, 1968)

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. 632 § 5, 1968)

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 part thereof) under this chapter.

(Ord. 632 § 6, 1968)

A. A ten-day notice of intention to abate and remove a vehicle or part thereof as a public nuisance shall be issued.

1. The notice of intention is not required if the property owner and the owner of the vehicle have signed releases authorizing removal and waiving further interest in the vehicle or part thereof. The notice of intention is not required for removal of a vehicle or part thereof that is inoperable due to the absence of a motor, transmission, or wheels and incapable of being towed, is valued at less than two hundred dollars by a person specified in Section 22855 of the Vehicle Code, and is determined by the city 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 pursuant to Section 8.48.120, the city 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 twelve days after the notice is mailed, from a location specified in Section 22662 of the Vehicle Code, final disposition may proceed. Neither the city nor contractor thereof shall be liable for damage caused to a vehicle or part thereof by removal pursuant to this subsection. As to inoperable vehicles, the foregoing provisions apply only to inoperable vehicles located upon a parcel that is: (a) zoned for agricultural use, or (b) not improved with a residential structure containing one or more dwelling units.

2. The notice of intention shall contain a statement of the hearing rights of the owner of the property on which the vehicle is located and of the owner of the vehicle. The statement shall include notice to the property owner that he or she may appear in person at a hearing or may submit a sworn written statement denying responsibility for the presence of the vehicle on the land, with his or her reasons for such denial, in lieu of appearing. The notice of intention to abate shall be mailed, by registered or certified mail, to the owner of the land as shown on the last equalized assessment roll and to the last registered and legal owners of record unless the vehicle is in such condition that identification numbers are not available to determine ownership.

(Ord. 1065 § 3, 2007: Ord. 632 § 7, 1968)

A. Upon request by the owner of the vehicle or the owner of the land on which the vehicle is located, a public hearing shall be held before the city manager or other designated hearing officer. This request shall be made to the city within ten days after the mailing of notice of intention to abate and remove the vehicle or at the time of signing a release pursuant to Section 8.48.070. If the owner of the land on which the vehicle is located submits a sworn written statement denying responsibility for the presence of the vehicle on his or her land within that time period, this statement shall be construed as a request for hearing that does not require the presence of the owner submitting the request. If the request is not received within that period, the city shall have the authority to remove the vehicle.

B. The city manager shall hear all facts and testimony he deems pertinent. Said facts and testimony may include testimony on the condition of the vehicle or part 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 on which the vehicle is located 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.

C. The city manager may impose such conditions and take such other action as he deems appropriate under the circumstances to carry out the purpose of this chapter. He may delay the time for removal of the vehicle or part thereof if, in his opinion, the circumstances justify it. At the conclusion of the public hearing, the city manager may find that a vehicle or part 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 parcel of land on which the vehicle or part thereof is located. The order requiring removal shall include a description of the vehicle or part thereof and the correct identification number and license number of the vehicle, if available, at the site.

D. If it is determined at the hearing that the vehicle was placed on the land without the consent of the landowner and that he has not subsequently acquiesced in its presence, the city manager shall not assess 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 landowner.

E. 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. 1065 § 5, 2007: Ord. 632 § 9, 1968)

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

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

C. Notice of Hearing. The clerk shall give written notice of the time and place of the hearing to the appellant and those persons specified in Section 8.48.070.

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

(Ord. 1065 § 6, 2007: Ord. 632 § 10, 1968)

A. Five days after the decision of the city manager, or the city council if appealed, declaring a vehicle or parts thereof to be a public nuisance, or five days from the date of mailing of notice of the decision of such notice as required by this chapter, the vehicle or parts thereof may be disposed of by removal to a scrap yard or automobile dismantler's yard.

B. After a vehicle has been removed, it shall not be reconstructed or made operable, unless it is a vehicle that qualifies for either horseless carriage license plates or historical vehicle license plates, pursuant to Section 5004 of the Vehicle Code, in which case the vehicle may be reconstructed or made operable.

(Ord. 1065 § 7, 2007: Ord. 632 § 11, 1968)

Within five days after the date of removal of the vehicle or part thereof, notice shall be given to the Department of Motor Vehicles identifying the vehicle or part 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.

(Ord. 632 § 12, 1968)

If the administrative costs and the cost of removal which are charged against the owner of a parcel of land pursuant to Section 8.48.090 are not paid within thirty 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 of the Government Code and shall be transmitted to the tax collector for collection. Said assessment shall have the same priority as other city taxes.

(Ord. 632 § 13, 1968)

A. This chapter shall not apply to:

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

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. 1065 § 8, 2007; Ord. 632 § 2, 1968)