Chico Municipal Code Ch. 10.52 Abandoned Vehicles

Unless the contrary is stated or clearly appears from the context, the following definitions shall govern the construction of the words or phrases used in this chapter:

1. Abandoned vehicle. Includes the following:

a. Public nuisance vehicle. Any vehicle, or parts thereof, that is abandoned, dismantled, partially dismantled, wrecked, or inoperative, that is left on public or private property, and which creates a deteriorating environmental condition, reduces the value of private property, promotes the deterioration of a business district or neighborhood, invites plundering, creates fire hazards, constitutes an attractive nuisance endangering the health and safety of minors, harbors rodents and insects, or jeopardizes the health, safety, or general welfare of the public.

b. Abandoned vehicle. A vehicle is abandoned if it is left on public property, highways, or on private property, in such an inoperable and neglected condition that the owner’s intention to relinquish the right of possession or all further rights or interests in it may reasonably be concluded.

2. Dismantled vehicle. Any vehicle which is partially or wholly disassembled, or in pieces, and is disabled by such condition.

3. Hearing Officer. The city manager or the city manager’s designee.

4. Highway. 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.

5. Inoperative vehicle. Any vehicle that is:

a. Mechanically incapable of being driven because it is missing any part essential for movement or such essential parts are broken or defective; or

b. Not currently and validly registered for operation or use on the highways and streets in the State as required under the provisions of Division 3 (commencing at Section 4000 et seq.) of the Vehicle Code of the State.

6. Owner of the vehicle. The last registered owner and last legal owner of record as determined by the state department of motor vehicles.

7. Property Owner. The owner of the land on which the vehicle, or part thereof, is located, as shown on the last equalized assessment roll, or supplemental roll, whichever is more current.

8. Public Property. Does not include “highway.”

9. Vehicle. 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.

10. Vehicle abatement officer. Any employee of the city appointed by the city manager or the city manager’s designee and assigned the task of enforcing the provisions of this chapter.

11. Wrecked vehicle. A wrecked vehicle is one which is destroyed, disabled, seriously damaged, crashed or ruined to such an extent that it cannot operate under its own power upon the highway without significant repairs. A vehicle which has been wrecked in a traffic accident, and which has been removed from the roadway to a storage facility, but which has not been claimed by its owner, shall not be considered an abandoned vehicle that is subject to the provisions of this chapter.

(Ord. 2252, Ord. 2555)

The provisions of this chapter shall not apply to:

A. A vehicle, or parts thereof, which is completely enclosed within a building in a lawful manner, or which is located behind a solid fence five feet or more in height, where it is not visible from the street or other public or private property; provided, however, that the number of such vehicles located behind a fence shall not exceed three, and the amount of vehicle parts located behind a fence shall not cover an area exceeding 300 square feet; or

B. A vehicle, or parts thereof, which is placed totally upon an improved parking area and completely covered by a tarpaulin or similar covering; or

C. A vehicle, or parts 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; provided, however, that this exception shall not 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 II of the Vehicle Code, this chapter, and any other provisions of this code.

(Ord. 2252, Ord. 2555)

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. 2252, Ord. 2555)

Except as otherwise provided herein, the provisions of this chapter shall be administered and enforced by the vehicle abatement officer. In the enforcement of this chapter, such officer may enter upon private or public property 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 parts thereof, declared to be a nuisance pursuant to this chapter.

(Ord. 2252, Ord. 2555)

When the city has contracted with or granted a franchise to any person or persons to remove vehicles pursuant to this chapter, such person or persons shall be authorized to enter upon private 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. 2252, Ord. 2555)

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

(Ord. 2252, Ord. 2555)

The vehicle abatement officer shall be a city employee appointed by the city manager or the city manager’s designee to enforce the provisions of this chapter. The vehicle abatement officer shall have the authority to cause the abatement and removal of an abandoned, wrecked, dismantled, or inoperative vehicle, or parts thereof on private property or public property within the city in accordance with the procedure set forth in this chapter.

(Ord. 2252, Ord. 2555)

A 10-day notice of intention to abate and remove the vehicle or parts thereof, as a public nuisance, shall be mailed to the last registered and legal owner of record, and posted to the vehicle by the vehicle abatement officer, unless the vehicle is in such a condition that identification numbers are not available to determine ownership. If the vehicle or parts thereof are located on private property, a 10-day notice of intention to abate and remove the vehicle shall be mailed to the last registered and legal owner of record. The form of the notice shall be as determined by the city manager or the city manager’s designee, and approved by the city attorney.

The notice shall include the following:

Notice to the property owner on which the vehicle is located, and the owner of the vehicle, of their right to a hearing;

Notice to the property owner that the property owner may appear in person at the hearing; and

In lieu of appearing at the hearing, notice to the property owner that the property owner may submit a sworn written statement denying responsibility for the presence of the vehicle on the property, with reasons for such denial.

(Ord. 2252, Ord. 2268, Ord. 2555, Ord. 2559)

A notice of intention to abate shall not be required:

If the property owner and the owner of the vehicle have signed releases authorizing the removal of the vehicle or part, and waiving further interest in the vehicle or part; or

Any two of the following conditions are met:

1. The vehicle is parked, resting, or otherwise immobilized on any highway or any public right-of-way and lacks a motor/engine, transmission, wheel(s), tires, doors, windshield, or any other part or equipment necessary to operate safely on the highways and is incapable of being towed;

2. The vehicle abatement officer has determined that the vehicle or part is a public nuisance presenting an immediate threat to public health or safety;

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

4. The vehicle is located upon a parcel of land that is either zoned for agricultural use or is not improved with a residential structure containing one or more dwelling units.

If evidence of registration is recovered prior to final disposition of the low value vehicle or part pursuant to this section, notice shall be given to the registered and legal owners of the intent to dispose of the vehicle or part, and the time period for claiming and removing the vehicle or part. If the vehicle or part is not claimed and removed from the scrapyard, automobile dismantler’s yard or other scrap disposal area within 12 days after the notice to dispose is mailed, final disposition may proceed.

(Ord. 2252, Ord. 2555, Ord. 2559)

A. Upon request by the property owner or the owner of the vehicle, received by the vehicle abatement officer within ten days after the mailing of the notice of intention to abate and remove, a public hearing shall be held by the city manager or the city manager’s designee on the question of abatement and removal of the vehicle, or parts thereof, as an abandoned, wrecked, dismantled, or inoperative vehicle. The hearing officer also shall determine the administrative costs and costs of removal of the vehicle, or parts thereof, to be assessed against the property on which it is located. If such a request for a hearing is not received within the ten 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.

B. If the property owner submits a sworn written statement denying responsibility for the presence of the vehicle on the property within such ten day period, the statement shall be construed as a request for a hearing which does not require the owner’s presence.

C. Notice of the hearing shall be mailed, by certified mail, return receipt requested, at least 15 days before the hearing to the property owner and to the owner of the vehicle, unless the vehicle is in such condition that identification numbers are not available to determine ownership.

(Ord. 2252, Ord. 2555)

A. All hearings under this chapter shall be held before the hearing officer who shall hear all facts and testimony. The facts and testimony may include testimony on the condition of the vehicle, or parts thereof, and the circumstances concerning its location on private property or public property. The hearing officer shall not be limited by the technical rules of evidence. The property owner may appear in person at the hearing and deny responsibility for the presence of the vehicle on the land. The property owner shall present the reasons upon which the owner bases such denial of responsibility.

B. The hearing officer may impose such conditions and take such other action as the hearing officer deems appropriate under the circumstances to carry out the purpose of this chapter. The hearing officer may delay the time for removal of the vehicle, or parts thereof, if, in the hearing officer’s opinion, the circumstances justify a delay.

C. At the conclusion of the public hearing, the hearing officer may find that a vehicle, or part thereof, in existence on public or private property, has been abandoned, dismantled, wrecked, or is inoperative, and order the same removed from the property as a public nuisance and disposed of as hereinafter provided. The hearing officer shall determine the administrative costs and the cost for removal to be charged against the property owner. 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.

D. If it is determined at the hearing that the vehicle was placed on the land without the consent of the property owner and that the owner has not acquiesced in its presence, 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 property owner.

E. If the property owner submits a sworn written statement denying responsibility for the presence of the vehicle on the property but does not appear at the hearing, or if an interested party makes a written presentation to the hearing officer but does not appear, the property owner or the interested party, or both, shall be notified in writing of the decision.

(Ord. 2252, Ord. 2555)

Any person aggrieved by the decision of the hearing officer may appeal to the council. Such appeals shall be in accordance with the procedures set forth in Chapter 2.80, entitled “Appeals from a Decision, Determination or Order Made or Issued by a City Board, Commission, Officer or Employee,” of this code. In the event that the council affirms the decision of the hearing officer to order the removal of a vehicle, or parts thereof, or to assess administrative and removal costs, such removal shall proceed, and such fees and costs shall be assessed and collected, in accordance with the provisions of this chapter.

(Ord. 2252, Ord. 2555)

Fifteen days after the vehicle, or parts thereof, is ordered removed by the vehicle abatement officer, or 15 days from the date of mailing of the order of the hearing officer ordering such removal, or 15 days after affirmation by the council of the order for removal, the vehicle or parts thereof may be disposed of by removal to a scrap yard 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 California Vehicle Code, in which case the vehicle may be reconstructed and made operable.

(Ord. 2252, Ord. 2555)

Immediately after removal of the vehicle, the abatement officer shall notify the Chico Police Department of the removal for entry into the Stolen Vehicle System of the Department of Justice in Sacramento.

(Ord. 2252, Ord. 2555)

If the administrative costs and costs of removal which are charged against the owner of record of a parcel of land pursuant to Section 10.52.100 are not paid within 45 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 California Government Code and shall be transmitted to the Butte County tax collector for collection. Said assessment shall have the same priority as other municipal taxes, and shall be collected at the same time and in the same manner that such other municipal taxes are collected.

(Ord. 2252, Ord. 2555)

It is unlawful for any person to abandon, keep, park, store, maintain, or leave, or permit the abandonment, parking, storing, or leaving of any licensed or unlicensed vehicle, or parts thereof, which is in an abandoned, dismantled, wrecked, or inoperative condition upon any private property or public property, not including highways, within the city for a period in excess of 168 hours except as otherwise provided for those vehicles, or parts thereof, to which this chapter does not apply in accordance with Section 10.52.020 of this code.

(Ord. 2252, Ord. 2555)