California City Municipal Code Art. 3 Abandoned Vehicles

Pursuant to Vehicle Code Section 22660, the Council finds: The accumulation and storage of abandoned, wrecked, dismantled, or inoperative vehicles, or vehicle parts, on private or public property, not including highways, is a condition tending to reduce the value of private property, promote blight and deterioration, invite plundering, create fire hazards, constitute an attractive nuisance, create a harborage for rodents and insects, and be injurious to the health, safety, and general welfare. The presence of an abandoned, wrecked, dismantled, or inoperative vehicle, or vehicle parts, on private or public property, not including highways, except as expressly permitted herein is prohibited.

This Article shall not apply to:

(a) A vehicle, or vehicle parts, completely enclosed within a building or six-foot high solid fence and not visible from the street or other public or private property; or

(b) A vehicle, or vehicle parts, stored or parked in a lawful manner on private property in connection with the business of a licensed dismantler, licensed vehicle dealer, junk dealer, or when such storage or parking is necessary to the operation of a lawfully conducted business or commercial enterprise.

(a) The Chief of Police may cause the abatement and removal of abandoned, wrecked, dismantled, or inoperative vehicles or vehicle parts on property within the City in accordance with this Article. If a vehicle or vehicle parts are visible from public rights of way, the Chief of Police may enter upon private or public property to examine or obtain information as to the identity of a vehicle, and to remove, or cause the removal of, a vehicle, or vehicle parts, declared a nuisance pursuant to this Article.

(b) The City may contract with the Department of Motor Vehicles to administer and enforce this Article. When the City has contracted with, or granted a franchise to, any person, such person shall be authorized to enter upon private or public property to remove, or cause the removal of, a vehicle, or vehicle parts, declared to be a nuisance pursuant to this Article.

(a) A ten-day prior written notice of intention to abate and remove a vehicle, or vehicle parts, shall be mailed by registered mail to the owner of the land where the vehicle or vehicle parts are located, and to the owner of the vehicle, unless 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 Vehicle Parts, as a Public Nuisance

.....

(Name and address of the owner of the land)

As owner shown on the last equalized assessment roll of the land located at [address], you are notified the undersigned, pursuant to the California City Municipal Code, has determined an abandoned, wrecked, dismantled, or inoperative vehicle registered to __________________, license number __________, constitutes a public nuisance on your land.

You shall abate the nuisance by the removal of the vehicle (or vehicle parts) within ten days from the date of mailing of this notice. If you fail to do so, the same will be abated and removed by the City, and the costs, together with administrative costs, will be assessed to you as owner of the land.

You may, within ten days after the mailing of this notice of intention, request a public hearing. If such a request is not received by the Chief of Police within such ten-day period, the Chief of Police may abate and remove the said vehicle (or said vehicle 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 ten-day period denying responsibility for the vehicle (or vehicle parts), with your reasons for denial, and such statement shall be construed as a request for a hearing at which your presence is not required. You may appear in person at hearings requested by you or by the owner of the vehicle or you may present a sworn written statement as aforesaid in time for consideration at such hearing.

Notice mailed [date].

/s/_______________________________

Chief of Police, City of California City

"Notice of Intention to Abate and Remove an Abandoned, Wrecked, Dismantled, or Inoperative Vehicle, or Vehicle Parts, as Public Nuisance

.....

(Name and Address of the 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 notified, pursuant to the California City Municipal Code, the Chief of Police has determined the vehicle (or vehicle parts) exists as an abandoned, wrecked, dismantled or inoperative vehicle at [describe location on public or private property] and constitutes a public nuisance.

You are notified to abate the nuisance by the removal of the vehicle (or vehicle parts) within ten days after the mailing of this notice, or request a public hearing. If such a request is not received by the Chief of Police within such ten-day period, the Chief or Police may abate and remove the vehicle (or vehicle parts) without a hearing.

Notice mailed [date].

/s/____________________________

Chief of Police, City of California City"

(b) A notice of intention to abate shall not be required if the property owner and the owner of the vehicle have signed releases authorizing removal and waive further interest in the vehicle or vehicle part, or the following conditions are satisfied:

(1) The vehicle or vehicle part is inoperable due to the absence of a motor transmission, or wheels and is incapable of being towed;

(2) The vehicle or vehicle part is valued at less than $300.00 by the Chief of Police or designee;

(3) The Department of Building and Safety has determined the vehicle or vehicle part is a public nuisance, presenting an immediate threat to public health or safety;

(4) The property owner has signed a release authorizing the removal and waiving further interest in the vehicle or vehicle part; and

(5) The vehicle is located upon a parcel zoned for agricultural use or is not improved with a residential structure containing one or more dwelling units.

(c) If a vehicle is removed prior to final disposition, the registered or legal owner shall be notified of the intent to dispose of the vehicle or vehicle part. If the vehicle or vehicle part is not claimed and removed from the scrap yard, automobile dismantler's yard, or public disposal area within twelve (12) days after the notice to dispose of vehicle is mailed, final disposition may proceed.

(a) When a proper request is lodged, a public hearing shall be held by the City Council on the question of the abatement and removal of the vehicle, or parts, as an abandoned, wrecked, dismantled, or inoperative vehicle and the assessment of the administrative costs and the costs of removal of the vehicle, or parts, against the property on which the vehicle, or parts, is located.

(b) 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.

(c) The City Council shall hear facts and testimony it deems pertinent. The City Council shall not be limited to technical rules of evidence. The owner of the land may appear 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 reasons for such denial.

(d) At the conclusion of the hearing, the City Council may impose conditions and take such other action appropriate under the circumstances to carry out the purposes of this Article. The order requiring the removal shall include a description of the vehicle, or parts thereof, and the correct identification and license number of the vehicle if available. 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 the owner of the land if it is determined at the hearing the vehicle was placed on the land without the consent of the owner of the land and the owner has not subsequently acquiesced in its presence.

(e) Such owner or interested party shall be notified in writing of the decision. For lien sale purposes, the Council shall determine if the estimated value of the vehicle ordered removed, towed, or stored is $100.00 or less, over $100.00, but less than $200.00.

(Ord. No. 00-582, 10-3-2000)

Five (5) days after the adoption of the order declaring the vehicle, or parts, to be a public nuisance, or five (5) days after the date of the mailing of the notice of decision, if such notice is required by this Article, the vehicle or parts, may be disposed of by removal to a scrap yard or automobile dismantler's yard. A vehicle which has been removed shall not be reconstructed or made operable unless it qualifies for horseless carriage license plates or historical vehicle plates pursuant to the Vehicle Code.

Within five (5) days after the date of the removal of the vehicle, or parts, notice shall be given to the Department of Motor Vehicles of the State identifying the vehicle, or parts, removed. At the same time, there shall be transmitted to the Department of Motor Vehicles of the State evidence of registration available, including registration certificates, certificates of title, and license plates.

(a) Fifty (50) percent of the actual costs of the removal of a vehicle, or vehicle parts, declared a nuisance pursuant to this Article constitutes the administrative costs of the City. Such amount is fixed as administrative costs.

(b) If the administrative costs and the costs of removal charged against the owner of a parcel of land pursuant to this Article hater are not paid within thirty (30) days after 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 the provisions of Section 38773.5 of the Government Code of the State. A notice of assessment shall be transmitted to the Tax Collector for collection. Such assessment shall have the same priority as City taxes.

It is unlawful and an infraction to abandon, store, leave, or permit the abandonment, storing, or leaving of a licensed or unlicensed vehicle or vehicle part which is abandoned, wrecked, dismantled or inoperative on private property or public property, including highways, within the City for period in excess of seventy (72) or more consecutive hours unless such vehicle or vehicle part 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 or licensed vehicle dealer or a junkyard.