Ceres Municipal Code Ch. 14 Abandoned Vehicles

In addition to and in accordance with the authority granted by California Vehicle Code section 22660, the City Council makes the following findings and declarations with respect to the removal of abandoned, wrecked, dismantled, or inoperative vehicles, or parts of such vehicles as public nuisances:

The accumulation and storage of abandoned, wrecked, dismantled or inoperative vehicles or parts of such vehicles on private or public property within the City, not including highways, is found to create a condition tending to reduce the value of 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. The presence of an abandoned, wrecked, dismantled or inoperative vehicle or parts of such vehicles, on private or public property within the City, not including highways, except as otherwise expressly permitted in this Code, is declared to constitute a public nuisance which may be abated as such in accordance with the provisions of this chapter.

As used in this chapter:

Appraiser means a person designated as having the authority to make appraisals of the value of vehicles pursuant to California Vehicle Code section 22855 and includes such employees of the City designated by the City Council, by resolution, to perform this function.

Abandoned vehicle means a neglected, wrecked, dismantled or inoperative vehicle that is left on public property, including any right of way, or private property. Abandoned Vehicles do not include vehicles of historic value that are in an active state of renovation or restoration.

Active state of renovation or restoration means a vehicle that is actively being restored or renovated in a manner intended to make the vehicle operational.

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.

Non-operable means a vehicle and is registered with the California Department of Motor Vehicles as non-operable.

Owner of the land means the owner of the land on which the vehicle, or parts thereof, is located, as shown on the last equalized assessment roll of Stanislaus County.

Owner of the vehicle means the last registered owner and legal owner of record.

Public property does not include "highway."

Sworn statement shall be one made and executed by the declarant under penalty of perjury of the laws of the State of California.

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.

Vehicle of historic value means a vehicle that qualifies for historical vehicle plates pursuant to California Vehicle Code section 5004.

(Ord. No. 2020-1056, § 2, 2-24-2020)

This chapter shall not apply to:

A. A vehicle, or parts of a vehicle, which is completely enclosed within a building in a lawful manner or within a side or rear yard enclosed by a screening fencing where it is not visible from the street; or

B. A vehicle or parts thereof, which is located behind a solid fence six feet in height or which is not plainly visible from a highway; or

C. A vehicle, or parts of a vehicle, 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.

D. A vehicle of historic value that is not abandoned and is in an active state of renovation or restoration.

1. A vehicle of historic value cannot be in an active state of renovation or restoration for a period of more than 90 days, whether consecutive or non-consecutive, out of any 12-month period. A vehicle of historic value may exceed the time period by a written letter to the Community Development Department indicating the extent of renovation and restoration and the timeline for the completion of the renovation and restoration.

2. Under no circumstances may any vehicle of historic value under an active state of renovation or restoration interfere with the peaceful enjoyment of neighboring properties, including unreasonable noise, air emissions illegal water discharges to the storm water system or other environmental factors.

E. Nothing in this section shall authorize the maintenance of a public or private nuisance as defined under provisions of law other than California Vehicle Code division 11, chapter 10 (commencing with California Vehicle Code section 22650) and this chapter.

(Ord. No. 2020-1056, § 2, 2-24-2020)

Except as otherwise provided in this chapter, the provisions of this chapter shall be enforced by City Manager, or designee. No officer, employee or agent of the City shall be liable for damage caused to a vehicle or part of a vehicle by removal pursuant to this chapter.

(Ord. No. 2020-1056, § 2, 2-24-2020)

This chapter is not the exclusive regulation of abandoned, wrecked, dismantled or inoperative vehicles within the City. It supplements and is in addition to the other regulatory codes, statutes and ordinances enacted by the City, the State, or any other legal entity or agency having jurisdiction. Nothing in this chapter shall be deemed to prevent the City Council from authorizing the City Attorney to commence any other available civil or criminal proceeding to abate a public nuisance under applicable provisions of State law as an alternative to proceedings set forth in this chapter.

(Ord. No. 2020-1056, § 2, 2-24-2020)

The City Manager, or designee, or any person or persons with whom the City Council has contracted to provide such services shall be authorized to enter upon private property or public property to enforce the provisions of this chapter. If the City Manager, or designee, or any person or persons with whom the City Council has contracted to enforce this chapter, is refused access to a property, or any part thereof, the City Manager or designee, shall seek issuance of an inspection warrant from the Stanislaus County Superior Court. Such warrant shall be served at reasonable hours by the City Manager, or designee, pursuant to applicable state law.

(Ord. No. 2020-1056, § 2, 2-24-2020)

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. No. 2020-1056, § 2, 2-24-2020)

Upon discovering the existence of an abandoned, wrecked, dismantled or inoperative vehicle, or parts of a vehicle, on private property or public property within the City and within public view, the City Manager, or designee shall have the authority to serve abatement notices and City Manager, or designee will cause the abatement and removal in accordance with the procedures prescribed in this chapter.

(Ord. No. 2020-1056, § 2, 2-24-2020)

A. The following abatement notice is required prior to removal of any vehicle or parts of a vehicle as provided in this chapter:

1. A ten-day notice of intention to abate and remove the vehicle (the "notice to abate"), or parts of a vehicle, as a public nuisance shall be mailed by certified mail to the owner of the land on which the vehicle, or parts of a vehicle are located, and to the owner of the vehicle, unless the vehicle is in such condition that identification numbers are not available to determine ownership.

2. The notice to abate sent to the owner of the land shall be substantially in the following form:

NOTICE OF INTENTION TO ABATE AND REMOVE AN ABANDONED, WRECKED, DISMANTLED, OR INOPERATIVE VEHICLE, OR PARTS OF A VEHICLE, 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 Title 10, Section 10.14.030 of the Ceres Municipal Code, 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 10.14.010 of the Ceres Municipal Code.

You are hereby notified to abate said nuisance by the removal of said vehicle (or said parts of a vehicle) within ten 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 of such abatement and removal, 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. If such a request is not received by the Code Enforcement Officer within such ten day period, the City Manager, or his/her designee 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 ten 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.

You are hereby notified that unless it is determined by a hearing officer at a hearing that the vehicle was placed on your land without your consent and that you have not subsequently acquiesced to its presence on your land, you may be assessed by the City for both the City's administrative costs and its costs of removal of the vehicle, and that assessment will be collected as a tax lien against your land as provided in Sections 25845 or 38773.5 of the California Government Code.

cc: City Clerk

3. The notice to abate sent to the owner of the vehicle shall be substantially in the following form:

NOTICE OF INTENTION TO ABATE AND REMOVE AN ABANDONED, WRECKED, DISMANTLED, OR INOPERATIVE VEHICLE, OR PARTS OF A VEHICLE, AS A PUBLIC NUISANCE

(Name and address of last registered or legal owner of record of vehicle - notice should be given to both if different)

As last registered (or legal) owner of record of (description of vehicle - make, model, license, etc.), you are hereby notified that the undersigned pursuant to 10.14.030 of the Ceres Municipal Code 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 10.14.010 of the Ceres Municipal Code.

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 of intention. Alternatively, you may within 10 days from the date of mailing of this notice request a public hearing. If such a request is not received by the Code Enforcement Officer within such ten day period and the vehicle is not abated, then the City Manager or his/her designee shall have the authority to abate and remove said vehicle (or said parts of a vehicle) without a hearing. The City's costs of abatement may be charged to you.

Notice Mailed: _______

cc: City Clerk

B. The notice to abate is not required in the following circumstances:

1. A vehicle or part of a vehicle is inoperable due to the absence of a motor, transmission or wheels and each of the following conditions is found to exist by the City Manager, or designee:

a. The vehicle or part thereof is incapable of being towed;

b. The vehicle is located upon a parcel that is (i) zoned for primary agricultural use or (ii) not improved with a residential structure containing one or more dwelling units;

c. The vehicle or part thereof is valued at less than $200.00 by an appraiser as defined in this article;

d. The vehicle or part thereof is determined by the enforcement officer to be a public nuisance presenting an immediate threat to public health or safety; and

e. The property owner has signed a release authorizing removal and waiving further interest in the vehicle or part thereof; or

2. The property owner and the owner of the vehicle have signed releases authorizing removal and waiving further interest in the vehicle or part thereof.

(Ord. No. 2020-1056, § 2, 2-24-2020)

A. The owner of the vehicle and the owner of the land on which the vehicle is located, or both, shall have the right to request a hearing before a hearing officer, pursuant to chapter 19.11 of the Ceres Municipal Code. All hearings under this chapter shall comply with chapter 19.11 of the Ceres Municipal Code.

B. If it is determined at the hearing by the hearing officer that the vehicle was placed on the land without the consent of the owner of the land and that he or she has not subsequently acquiesced in its presence on said land, the hearing officer 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 such owner of the land.

(Ord. No. 2020-1056, § 2, 2-24-2020)

A. Not sooner than ten days after service of an administrative order issued by the hearing officer finding that a vehicle or part of a vehicle has been abandoned, wrecked, dismantled or is inoperative on private or public property and is a public nuisance, the vehicle or parts thereof may be disposed of by the City Manager, or designee, by removal to a scrap yard or automobile dismantler's yard.

B. After a vehicle has been removed it shall not thereafter be reconstructed or made operable unless, pursuant to California Vehicle Code section 5004:

1. The vehicle qualifies for horseless carriage license plates; or

2. The vehicle qualifies for historical vehicle license plates.

In either such case, the vehicle may be reconstructed or made operable.

(Ord. No. 2020-1056, § 2, 2-24-2020)

Prior to final disposition of such a vehicle, or parts of a vehicle, which has been removed from lands under the provisions of subsection 10.14.080.B of the Ceres Municipal Code without the giving of a notice to abate, the City Manager or designee, shall provide notice to the owner of the vehicle of the intent of the City to dispose of the vehicle, or parts of a vehicle, and if the vehicle or part(s) is not claimed and removed from the location specified in the notice where the vehicle or parts of a vehicle are being held, within 12 days after the notice is mailed, final disposition may proceed.

Whenever notification, as required by California Vehicle Code section 22852, cannot be made to the owner of the vehicle, notification shall be given by the enforcement officer to the California Department of Justice, Stolen Vehicle System, in accordance with the provisions of California Vehicle Code section 22853.

Furthermore, within five days after the date of removal of any vehicle or parts of a vehicle under this article, notice shall be given by the City Manager or designee to the Department of Motor Vehicles identifying the vehicle or parts of a vehicle removed and any evidence of registration available, including registration certificates, certificates of title or license plates.

(Ord. No. 2020-1056, § 2, 2-24-2020)

Vehicles removed pursuant to this chapter shall be disposed of by the City Manager or designee in accordance with the provisions set forth in California Vehicle Code sections 22850 through 22856.

(Ord. No. 2020-1056, § 2, 2-24-2020)

If the administrative costs and the cost of removal which are charged against the owner of the parcel of land pursuant to section 10.14.010, 10.14.030, 10.14.060 of the Ceres Municipal Code are not paid within 30 days of the date of the order, or the final disposition of an appeal, such costs shall be assessed by the City Council against the parcel of land in the manner provided for in California Government Code section 38773.5 and shall be transmitted by the Finance Director to the Stanislaus County Tax Collector for collection. Notice of such assessment shall be given by the City Clerk as required by California Government Code section 38773.5. The assessment shall have the same priority as other City taxes and shall be subject to the conditions set forth in California Government Code section 38773.5. Any costs required to be paid for the removal and disposition of any vehicle determined to be abandoned (other than the City's administrative costs) shall not exceed those for towing and seven days of storage at the facility to which vehicles removed from highways by the Police Department are removed and stored.

(Ord. No. 2020-1056, § 2, 2-24-2020)

On public or private property, excluding a highway, it is unlawful and an infraction for any person to abandon, park, store, or leave any licensed or unlicensed vehicle or a vehicle which lacks an engine, transmission, wheels, tires, doors, windshield or other major part or equipment necessary to operate safely for a period in excess of ten days unless one of the following conditions apply:

1. The vehicle or part thereof 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. The vehicle has a valid California DMV non-operational permit and is parked in a lawful manner on private property with a properly fitted and maintained vehicle cover that shall not obstruct the visibility of the license plate; or

3. The vehicle or part thereof is stored or parked in a lawful manner on private property in connection with the business of a licensed dismantler, licensed vehicle dealer or junk yard.

Any person convicted of a violation of this section shall be punished by a fine set forth by a resolution of the City Council, in addition to any costs of removal and disposition of the vehicle that may be assessed pursuant to this title.

It is unlawful and an infraction 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 article or State law where such State law is applicable. Any person convicted of a violation of this section shall be punished by a fine set forth by resolution of the City Council, in addition to any costs of removal and disposition of the vehicle that may be assessed pursuant to this chapter.

(Ord. No. 2020-1056, § 2, 2-24-2020)