Citrus Heights Municipal Code Div. 4 Abandoned, Wrecked, Dismantled or Inoperative Vehicles

Footnotes:

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Cross reference— Traffic and vehicles, ch. 94.

(a) This division is intended to provide a procedure for the abatement and removal, as public nuisances, of abandoned, wrecked, dismantled or inoperative vehicles and is enacted under the authority granted by the state under Vehicle Code §§ 22660 and 22710.

(b) It is the intent of the city council to provide that the abatement of public nuisances consisting of abandoned, wrecked, dismantled and inoperative vehicles or parts thereof on private or public property may be carried on either concurrently with or separately from the abatement of other conditions, if any, constituting a public nuisance on any property within the city and for the recovery of the cost of such removal and administration of this chapter. The existence, accumulation and storage of abandoned, wrecked, dismantled, or inoperative vehicles, or parts thereof, creates conditions likely to reduce the value of real property in the vicinity, promote blight and deterioration, and invite plundering, create fire hazards and harborage for rodents and insects, and is injurious to the public peace, health, safety, and general welfare. The presence of abandoned, wrecked, dismantled, or inoperative vehicles, or parts thereof, within the city constitutes a public nuisance, which the City of Citrus Heights is empowered to abate and remove in accordance with the provisions of this chapter.

(Ord. No. 2002-04, § 2(16B.10.01), 5-8-2002; Ord. No. 2016-004, § 4, 6-23-2016)

Editor's note— Ord. No. 2016-004, § 4, adopted June 23, 2016, renumbered § 50-266 as § 50-265.

The meanings ascribed to the terms set forth in this section shall govern the interpretation of this division:

Abandoned shall mean the status of a vehicle or part thereof when the vehicle owner has ceased to assert or exercise any interest, right or title therein without intent to resume or reassert such interest, right or title.

Dismantled shall mean the condition of a vehicle which has been taken apart, or to pieces, and/or stripped, or otherwise deprived of any of its integral parts or equipment.

Highway shall mean 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.

Inoperative shall mean the condition of a vehicle which is physically incapable of working, functioning, or otherwise operating to produce its designed effect.

Property owner shall mean the owner of the land where a vehicle or part thereof subject to regulation pursuant to this chapter is situated, as shown on the last equalized assessment roll of the City.

Street shall mean a way or place of whatever nature, publicly maintained and open to the use of the public for purposes of vehicular travel. "Street" includes highway.

Vehicle owner shall mean both the last registered owner, within the meaning of Vehicle Code § 505 and the last legal owner, within the meaning Vehicle Code § 370 of a vehicle or part thereof subject to regulation pursuant to this chapter, as shown in the records of the department of motor vehicles.

Wrecked shall mean the condition of a vehicle which consists of disordered or broken remains, or which has been brought to a physically impaired or unsound condition or other ruinous state by reason of collision, crash or other forceful impact.

(Ord. No. 2016-004, § 5, 6-23-2016)

Nothing contained in this division shall be deemed to prevent the city from taking other such enforcement action actions as it deems appropriate in accordance with division 3 of this article or any other applicable law.

(Ord. No. 2002-04, § 2(16B.10.02), 5-8-2002)

It is unlawful and a violation of this division for any person:

(1) Who owns a vehicle or vehicle part to allow the vehicle or part thereof to be abandoned, wrecked, inoperative or dismantled on any property, public or private, in the city, except as otherwise authorized by the city Code.

(2) Who owns property within the city, to allow a vehicle or part thereof to be abandoned, wrecked, inoperable, or dismantled on his, her, or its property, public or private, except as otherwise authorized by the city Code.

(3) To move a vehicle to any other private property upon which storage is not permitted or onto any public highway or other public property for purposes of storage after notification has been given by the city to remove any abandoned, wrecked, dismantled or inoperative vehicle or motor vehicle accessories from any private property.

(4) Who owns or has possession, custody, or control of any vehicle to place the vehicle upon any street, alley, or city parking lot for more than a consecutive period of 72 hours.

(Ord. No. 2002-04, § 2(16B.10.03), 5-8-2002; Ord. No. 2016-004, § 6, 6-23-2016)

This division shall not apply to any vehicle or part thereof which:

(1) 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) Is stored or parked in a lawful manner on private property in connection with the business of a licensed dismantler, licensed vehicle dealer or licensed automobile wrecking yard, provided such business does not otherwise constitute a nuisance as described in this article and is not unsightly or otherwise detrimental to the public health, safety or welfare.

(Ord. No. 2002-04, § 2(16B.10.04), 5-8-2002)

(a) The director shall keep an account of the costs and expenses of abatement under this division and shall submit a statement of such costs to the person served with the notice of intention to abate. Such person shall be liable to the city for any and all costs and expenses set forth in the statement. These costs may be assessed against the property as a lien or made a personal obligation of the owner as provided in division 3 of this article.

(b) Notwithstanding any other section of this division, the costs of abating any abandoned, wrecked, dismantled or inoperative vehicle or part thereof, including the actual tow costs, plus an administrative fee covering direct and indirect overhead to be set by resolution of the city council, is the joint and several personal, obligation of the property owner and the last registered owner; provided, however, that a property owner who establishes lack of responsibility for the presence of the vehicle or parts on the property as permitted by this division shall not be personally liable for the costs; and provided, further, the last registered owner who can satisfy the requirements of Vehicle Code § 22545(b) shall not be personally liable for the costs. The director shall take the appropriate steps to collect the costs from those who are liable, including but not limited to the procedures set forth in division 3 of this article.

(Ord. No. 2002-04, § 2(16B.10.019), 5-8-2002)

Within five days after the date of removal of the vehicle or parts thereof pursuant to this division, notice shall be given to the department of motor vehicles identifying the vehicle or parts thereof removed. There shall also be transmitted to the department of motor vehicles any evidence of registration available, including but not limited to the registration card, certificates of ownership, or license plates.

(Ord. No. 2002-04, § 2(16B.10.020), 5-8-2002)

(a) Criteria for issuance. When the director determines, pursuant to an inspection conducted according to this article, that the conditions existing on the property constitute a violation of this division, the director shall issue a notice of the city's intent to abate the vehicle or parts thereof as a public nuisance, after the expiration of ten days from the date of service of the notice.

(b) Content of notice. This notice shall contain the following:

(1) The street address and such other description as are required to identify the property on which the vehicle or parts thereof is located.

(2) The identity of the vehicle or parts thereof to be abated.

(3) A statement that the director has found the vehicle or parts thereof to be a public nuisance as specified in this article with a special citation to the applicable section of this article and to other sections of the city Code, if applicable, including sufficient detail to provide the owner with information as to the conditions constituting the alleged nuisance.

(4) A statement of the action required to be taken as determined by the director and that such action is to be completed within ten days after the mailing of the notice.

(5) A statement that the owner of the property on which the vehicle or parts thereof is located or the owner of the vehicle or parts thereof may, within ten days of the date of the notice, submit to the director a written request for a hearing before the hearing officer. Such statement shall include notice to the property owner that he or she may either appear in person at a hearing or submit a sworn written statement denying responsibility for the presence of the vehicle or part thereof on his or her land, with the reasons for such denial, in lieu of appearing.

(6) A statement that failure to either voluntarily abate the nuisance condition or request a hearing within the specified time shall be deemed a waiver of such rights and that the director may proceed to abate the nuisance.

The notice shall also include the following language:

"As to any vehicle(s) or parts thereof listed herein, you may file with the Hearing Officer a sworn written statement denying responsibility for the presence on your property of the vehicle(s) or parts thereof listed, together with your reasons for such denial, or you may request a hearing without submitting a sworn written statement.

"A sworn statement shall be construed as a request for a hearing at which you may, but need not, appear in person. You will be provided with the date, time, and place of any such hearing. A deposit fee must accompany your sworn statement and/or request for hearing. At the hearing, your sworn written statement, and/or any evidence presented by you or on your behalf, will be considered by the Hearing Officer in determining whether the cost of removing said vehicle(s) or parts thereof will be assessed against your property as a lien in the event that removal of the vehicle(s) or parts thereof is undertaken by the city.

"You need not file a sworn statement if you request a hearing and attend the hearing, but you may file a statement if you wish to do so. Such sworn statement will be considered only as to vehicle(s) or parts thereof, and will not be considered as to the existence of any other condition on your property which may be found to constitute a nuisance in this or any other proceeding."

(c) Service of notice. The notice shall be delivered by certified or registered U.S. mail, postage prepaid and return receipt requested to the owner of the property on which the vehicle is found as shown on the latest equalized assessment roll and to the last registered and legal owner of record, unless the vehicle or parts thereof is in such condition that identification numbers are not available to determine ownership. The director, in his or her discretion, may but is not required to provide additional notice by posting a copy of the notice conspicuously on the vehicle or parts thereof to be abated. The failure of any owner or other person to receive the notice to abate or other notices required by this division shall not affect in any manner the validity of any proceeding taken under this division.

(d) Exception to issuing notice. No notice of intention of abatement shall be required for the removal of a vehicle or parts thereof where both the owner of the land on which the vehicle or parts is located and the owner of the vehicle signed releases authorizing removal and waiving further interest in the vehicle.

(Ord. No. 2002-04, § 2(16B.10.05), 5-8-2002; Ord. No. 2016-004, § 6, 6-23-2016)

If the person to whom a notice of intent to abate has been issued pursuant to this division fails to either abate the nuisance or request a hearing within the time set forth in this division, such failure shall render the notice of intent to abate final, and the notice shall have the same force and effect as an order of abatement. Additionally, the person to whom the notice was directed shall be deemed to have failed to exhaust his or her administrative remedies, and such failure to exhaust administrative remedies shall act as a complete bar to any legal proceeding challenging the city's abatement of the public nuisance.

(Ord. No. 2002-04, § 2(16B.10.06), 5-8-2002)

(a) Under this division, whenever the owner of the property on which the vehicle or parts thereof is located or the owner of the vehicle or parts thereof requests a hearing, the director shall issue to that person a hearing notice allowing him or her to appear before the hearing officer to show cause, if any, why the vehicle or parts thereof is not a public nuisance and should not be abated by the city. The hearing notice indicating the time, place and date of the hearing shall be served upon the requesting party either personally or by delivering a copy by certified U.S. mail, postage prepaid and return receipt requested; U.S. mail delivery confirmation; U.S. mail signature confirmation; or such other delivery method that is reasonably calculated to provide actual notice to the requesting party, not less than five days prior to the hearing date.

(b) Notice of the hearing shall also be given to the nearest office of the state highway patrol and shall identify the vehicle or parts thereof proposed for removal. This notice shall be mailed not less than five days prior to the hearing.

(Ord. No. 2002-04, § 2(16B.10.07), 5-8-2002)

(a) The hearing held pursuant to this subdivision will be conducted, and a decision rendered thereon, in the same manner as set forth in division 3 of this article, except that any order of abatement issued by the hearing officer shall require that abatement of the nuisance be physically completed five days after issuance of the order of abatement or, in the alternative, within such time as the hearing officer, taking into consideration any recommendations by the director, shall determine to be reasonable under all of the circumstances.

(b) If it is determined at the hearing that the vehicle was placed on the land without the consent of the landowner and that he or she has not subsequently acquiesced to its presence, the hearing officer 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 those costs from the owner of the property.

(Ord. No. 2002-04, § 2(16B.10.08), 5-8-2002)

(a) The hearing officer's decision and any order of abatement issued pursuant to this division may be appealed in writing to the appeals board by any interested person, by filing with the city clerk a written appeal not later than five days following the decision and any order of abatement. The appeal shall in all other respects proceed in the same manner as an appeal pursuant to division 3, subdivision III, of this article.

(b) The failure to file an appeal to the appeals board, pursuant to this division, shall render the decision and any order of abatement of the hearing officer final and conclusive, shall be deemed a failure to exhaust administrative remedies, and shall act as a complete bar to any legal proceeding challenging the city's abatement of the public nuisance.

(Ord. No. 2002-04, § 2(16B.10.09), 5-8-2002)

The decision and any order of abatement of the appeals board pursuant to this division shall be final and conclusive on the date it is issued. Copies of the decision shall be forthwith delivered to the parties personally or delivered by certified U.S. mail, postage prepaid and return receipt requested; U.S. mail delivery confirmation; U.S. mail signature confirmation; or such other delivery method that is reasonably calculated to provide actual notice. The decision shall include notification that any action to judicially review the decision and order of abatement must be commenced not later than 90 days following the date of the decision and order of abatement, pursuant to Code of Civil Procedure § 1094.6.

(Ord. No. 2002-04, § 2(16B.10.010), 5-8-2002)

After any order of abatement made pursuant to this division shall have become final, no person to whom any such order is directed shall fail, neglect or refuse to obey any such order.

(Ord. No. 2002-04, § 2(16B.10.011), 5-8-2002)

If, after any order of abatement made pursuant to this division has become final, the person to whom such order is directed shall fail, neglect or refuse to obey such order, the director may institute any appropriate action to abate such conditions on the subject property which constitute the public nuisance.

(Ord. No. 2002-04, § 2(16B.10.012), 5-8-2002)

Whenever the required abatement is not completed within the time so specified in the order issued pursuant to this division, the director may, in addition to any other remedy provided, cause the nuisance to be abated, so as to put the property in such a condition that no violation of this division exists.

(Ord. No. 2002-04, § 2(16B.10.013), 5-8-2002)

(a) Upon receipt of an application from the person required to conform to the order issued pursuant to this division by a date fixed in the order and an agreement by such person that he or she will comply with the order if allowed additional time, the director may, in his or her discretion, grant an extension of time, not to exceed an additional 120 days, within which to complete such abatement, if the director determines that such an extension of time will not create or perpetuate a situation imminently dangerous to life or property.

(b) The authority of the director to extend time is limited to the physical abatement of the nuisance or for such other purposes as may be reasonably required by the circumstances of the case, but such extension will not in any way affect or extend the time to appeal the order.

(Ord. No. 2002-04, § 2(16B.10.014), 5-8-2002)

If the director must cause to be removed a vehicle ordered abated pursuant to this division, the director may cause the vehicle or parts thereof to be taken to a licensed scrap yard or to a licensed automobile dismantler's yard.

(Ord. No. 2002-04, § 2(16B.10.015), 5-8-2002)

The licensed dismantler or owner of the commercial enterprise who receives possession of the vehicle from the city pursuant to this subdivision shall be deemed to be the sole owner of the vehicle by reason of the involuntary transfer made pursuant to the law.

(Ord. No. 2002-04, § 2(16B.10.016), 5-8-2002)

After a vehicle has been removed pursuant to this subdivision, 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 Vehicle Code § 5004.

(Ord. No. 2002-04, § 2(16B.10.017), 5-8-2002)

A licensed dismantler or commercial enterprise acquiring vehicles removed pursuant to this division shall be excused from the reporting requirements of Vehicle Code § 11520, and any fees and penalties which would otherwise be due the department of motor vehicles are waived pursuant to Vehicle Code § 22660, provided that a copy of the order made pursuant to subdivision IV of this division is retained in the business records of the dismantler or commercial enterprise.

(Ord. No. 2002-04, § 2(16B.10.018), 5-8-2002)