Chowchilla Municipal Code Ch. 10.40 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 hereby 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 parts thereof on private or public property, not including highways, except as expressly hereinafter permitted, is a public nuisance which may be abated as such in accordance with the provisions of this chapter.

(Ord. 286-78 § 1 (part), 1978: prior code § 12-143 (a))

As used in this chapter:

A. "Abandoned" means to desert, surrender, forsake or cede the voluntary relinquishment of possession of a thing by the owner with intention of terminating his ownership, but without vesting it in any other person.

B. "City" means the city of Chowchilla.

C. "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.

D. "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.

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

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

G. "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. 286-78 § 1 (part), 1978: prior code § 12-143(b))

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. 286-78 § 1 (part), 1978: prior code § 12-145)

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 chapter 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. 286-78 § 1 (part), 1978: prior code § 12-144)

A. Except as otherwise provided herein, the provisions of this chapter shall be administered and enforced by the chief of police or some other regularly salaried full-time employee of the city designated by the chief of police as his representative. The removal of vehicles or parts thereof from property may be by any duly authorized person. Any such authorized person may enter upon private property for the purposes specified in this chapter to examine a vehicle or parts thereof, obtain information as to the identity of a vehicle, and remove or cause the removal of a vehicle or part thereof declared to be a nuisance pursuant to this chapter.

B. Whenever the term "chief of police" is used in this chapter, it includes any such person or public entity as the city council may, by resolution, designate. In accordance with Section 22665 of the Vehicle Code, the city council may, by resolution, request the California Highway Patrol to administer this chapter.

(Ord. 286-78 § 1 (part), 1978: prior code § 12-146)

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.

The city council shall collect the cost to the city of removal of vehicles pursuant to the provisions of this chapter as follows:

A. Where the owner of the vehicle or owner of the land on which the vehicle is located voluntarily accomplishes the removal pursuant to subsection A of Section 10.40.080, there shall be no charge;

B. Where the owner of the vehicle or the owner of the land on which the vehicle is located voluntarily removes the vehicle after a public hearing and decision requiring its removal, the charge shall consist of the administrative costs to the city in accordance with the schedule therefor established by the city council pursuant to Section 10.40.060;

C. Where the council orders the removal after formal notice pursuant to subsection B of Section 10.40.100, the charge shall consist of the administrative cost to the city in accordance with the schedule therefor established by the city council, together with the actual cost of vehicle removal, less the amount, if any, of payment for salvage received.

(Ord. 337-82 § 1, 1982)

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. 286-78 § 1 (part), 1978: prior code § 12-147)

Upon receiving knowledge of an abandoned vehicle, the chief of police shall cause the same to be abated and removed pursuant to the following procedure:

A. The chief of police shall adopt such administrative procedures as appears to him advisable to obtain the voluntary removal of such vehicle, and where he has reason to believe such administrative procedure may be effective he shall resort to such procedure prior to taking further action to compel such removal.

B. In the event the chief of police is unable to obtain voluntary removal of an abandoned vehicle within a reasonable time, he shall give a notice of at least ten days of intention to abate and remove the vehicle as a public nuisance and that the administrative and removal costs will be charged against the owner of the land and constitute a lien thereon collectible with the county taxes. 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 the hearing or may present a sworn written statement denying responsibility for the vehicle on the land with his reason for such denial in lieu of appearing. The notice of intention to abate and remove shall be mailed by registered or certified mail to the owner of the land on which the abandoned vehicle is located as shown on the last equalized assessment roll, and to the last registered and last legal owner of record of the vehicle unless it is in such condition that identification numbers are not available to determine ownership.

(Ord. 337-82 § 2, 1982)

A. Upon written request by the owner of the vehicle or owner of the land received by the city council within ten days after the mailing of the notice of intention to abate and remove, a public hearing shall be held by the city council on the question of abatement and removal of the vehicle or parts thereof as an abandoned, wrecked, dismantled or inoperable vehicle, and the assessment of the administrative costs and the cost of removal of the vehicle or parts thereof against the property on which it is located.

B. If the owner of the lands submits a sworn written statement denying responsibility for the presence of the vehicle on his land and giving his reasons for denial within a ten-day period, the statement shall be construed as a request for a hearing which does not require his presence. Notice of the hearing shall be mailed, by registered or certified mail at least ten days before the hearing to the owner of the land and to the owner of the vehicle, unless the vehicle is in such condition that identification numbers are not available to determine ownership. If such a request for hearing is not received within 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.

C. In the event a request for a hearing is timely received, and after the public hearing the council determines to abate the vehicle or parts thereof, said vehicle or parts thereof may not be removed by the city until ten days after mailing notice of the council decision to all interested parties.

(Ord. 337-82 § 3, 1982)

A. In the event a request for hearing is timely received, the city clerk shall set the same for a public hearing before the city council and give the owner requesting hearing and the chief of police at least five days' notice of the time and place thereof. Notice shall include time, place and date of hearing, description of vehicle or parts thereof, and shall be mailed registered or certified mail to all affected owners. The city council shall hear all interested persons and all relevant facts and testimony it deems pertinent on the condition of the vehicle or parts thereof and the circumstances concerning its location on the private or public property. The city council shall not be limited by the technical rules of evidence. The owner of the land on which a vehicle is located may appear in person at the hearing or present a written statement in time for consideration at the hearing and deny responsibility for the presence of the vehicle on the land, with his reason for denial.

B. The council may find that the vehicle is not an abandoned vehicle within the meaning of subsection A of Section 10.40.020 and order termination of proceedings. The council may extend the stay of the abatement order to give the owner or the landowner additional time to voluntarily remove the vehicle. The council may deny the appeal and direct the abatement and removal of the vehicle. If it is determined 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 Section 10.40.110, 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.

C. 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, then the landowner shall not be assessed the costs.

D. Notice of the council's decision and order shall be mailed to all affected persons within five days of adoption of an order to abate or decision to terminate proceedings. Notice shall be mailed by registered or certified mail to all affected persons.

E. If after hearing of the appeal the council directs the abatement and removal of the vehicle, the owner thereof or the owner of the land may voluntarily remove the vehicle within ten days after mailing of the notice of decision and order, and if it is not so removed, the chief of police may proceed to cause its removal.

(Ord. 337-82 § 4, 1982)

Five days after adoption of the order declaring the vehicle or parts thereof to be a public nuisance and five days from the date of mailing of notice of the decision of such notice as required by Section 10.40.090, the vehicles or parts thereof may be disposed of by removal to a scrapyard, automobile dismantler's yard, or any suitable site operated by a local authority, or other final disposition consistent with subsection (e) of Section 22661 of the Vehicle Code. 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. 286-78 § 1 (part), 1978: prior code § 12-152)

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. 286-78 § 1 (part), 1978: prior code § 12-153)

Pursuant to the procedures set forth in Chapter 1.20 of this code, or as otherwise provided by law, the city is entitled to seek recovery of all fees and costs authorized under this chapter.

(Ord. 337-82 § 5, 1982)

(Ord. No. 483-17, § 19, 6-27-2017)