Camarillo Municipal Code Ch. 11.08 Abandoned 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 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 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 part thereof, on private or public property not including highways except as expressly permitted in this title, is declared to constitute a public nuisance which may be abated as such in accordance with the provisions of this chapter.

(Ord. 164 § 1 (part), 1970: prior code § 5300.)

For the purpose of this chapter, certain words and phrases are defined as follows and certain provisions shall be construed as set forth in this chapter unless it is apparent from the context a different meaning is intended:

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. "Public property" does not include "highway."

C. "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.

(Ord. 164 § 1 (part), 1970: prior code § 5301.)

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. 164 § 1 (part), 1970: prior code § 5302.)

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.

(Ord. 164 § 1 (part), 1970: prior code § 5303.)

The provisions of this chapter shall be administered and enforced by the director of planning and community development or his designee. In the enforcement of this chapter, entry may be made by the director of planning and community development or his designee on private or public property, except for vehicles on the highway, to examine a vehicle or parts thereof, or to 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. 679 § 1, 1989: Ord. 164 § 1 (part), 1970: prior code § 5404.)

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 § 1 (part), 1970: prior code § 5305.)

The city council from time to time shall 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. 164 § 1 (part), 1970: prior code § 5306.)

A ten-day notice of intention to abate and remove a vehicle or part thereof as a public nuisance shall be issued, 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. Such notice 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 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 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. 510 § 1 (part), 1981: Ord. 164 § 1 (part), 1970: prior code § 5307.)

A public hearing shall be held before the city manager upon request for such a hearing by the owner of the vehicle or the owner of the land on which such vehicle is located. This request shall be made to the city clerk within ten days after the mailing of notice of intention to abate and remove the vehicle. 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 land within such time period, this statement shall be construed as a request for hearing which does not require the presence of the owner submitting such request. If such a request is not received within such period, the city shall have the authority to remove the vehicle. For purposes of this chapter, "city manager" shall include his designee.

(Ord. 679 § 2, 1989: Ord. 510 § 1 (part), 1981: Ord. 164 § 1 (part), 1970: prior code § 5308.)

All hearings under this chapter shall be held before the city manager who shall hear all facts and testimony he deems pertinent. The 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 technical rules of evidence shall not apply. The owner of the land on which the vehicle is located may appear in person at the hearing or present a sworn written statement denying responsibility for the presence of the vehicle on the land, with his reasons for such denial.

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.

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 to 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.

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. 679 § 3, 1989: Ord. 510 § 1 (part), 1981: Ord. 164 § 1 (part), 1970: prior code § 5309.)

An order for abatement and removal of a vehicle, made pursuant to this chapter, 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.

The city manager may impose such conditions and take such actions as are deemed appropriate and justified under the circumstances to carry out removal of the vehicle or part thereof.

Five days after adoption of the order or five days from the date of mailing of notice of the decision if such notice is required by Section 11.08.100, 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, unless it is a vehicle which 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. 679 § 5, 1989: Ord. 510 § 1 (part), 1981: Ord. 164 § 1 (part), 1970: prior code § 5311.)

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. 164 § 1 (part), 1970: prior code § 5312.)

The city manager shall determine the administrative costs and cost of removal to be charged. If the administrative costs and the cost of removal are charged against the owner of a parcel of land pursuant to this chapter and 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. The assessment shall have the same priority as other city taxes.

(Ord. 679 § 6, 1989: Ord. 510 § 1 (part), 1981: Ord. 164 § 1 (part), 1970: prior code § 5313.)

No person shall fail or refuse to remove an abandoned, wrecked, dismantled or inoperative vehicle or part 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 § 1 (part), 1970: prior code § 5314.)