Clearlake Municipal Code § 10-6 Towing and Removal of Vehicles

a. In addition to and in accordance with the determination made, and the authority granted by the State of California under Section 22660 of the Vehicle Code to remove abandoned, wrecked, dismantled or inoperative vehicles or parts thereof as public nuisances, the City Council hereby finds that the accumulation and storage of abandoned, wrecked, dismantled, or inoperative vehicles or parts thereof on private or public property, creates a condition tending to: 1. Reduce the value of private property; 2. Promote blight and deterioration; 3. Invite plundering; 4. Create fire hazards; 5. Constitute an attractive nuisance creating a hazard to the health and safety of minors; 6. Create a harborage for rodents and insects; and 7. Be injurious to the health, safety and general welfare of the City. b. The presence of an abandoned, wrecked, dismantled or inoperative vehicle or parts thereof, on private or public property, except as expressly hereinafter permitted, is hereby declared to constitute a public nuisance which may be abated as such in accordance with the provisions of this section. c. This section shall not apply to: 1. A vehicle, or parts thereof, that is completely enclosed within a building in a lawful manner where it is not visible from the street or other public or private property;

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; 3. A vehicle, or parts thereof, that is located behind a legally permitted, solid fence six (6') feet in height, in a lawful manner where it is not visible from the street or other public or private property. d. 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 section. e. As used in this section, the following definitions shall be used: 1. 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. 2. 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. 3. OWNER OF THE VEHICLE means the last registered owner and legal owner of record. 4. 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. #2012-159; Ord. #228-2019, S2)

This section is not the exclusive regulation of abandoned, wrecked, dismantled or inoperative vehicles within the City of Clearlake. It shall supplement and be in addition to the other regulatory codes, statutes and ordinances heretofore or hereafter enacted by the City of Clearlake, the State, or any other legal entity or agency having jurisdiction. (Ord. #2012-159; Ord. #228-2019, S3)

Except as otherwise provided herein, the provisions of this section dealing with vehicle abatement shall be administered and enforced by the Chief of Police of the City of Clearlake or his/her authorized designee. In the enforcement of this section the Chief of Police or designee(s) may, consistent with the United States and California Constitutions, enter upon private or public property to examine a vehicle or parts thereof, or 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 section. (Ord. #2012-159; Ord. #228-2019, S3)

When the City Council of the City of Clearlake has contracted with or granted a franchise for vehicle removal 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 section. (Ord. #2012-159; Ord. #228-2019, S3)

The City Council shall determine and fix an amount to be assessed as administrative costs in connection with vehicle abatement and removal (excluding the actual cost removal of any vehicle or parts thereof) under this section, which shall be established from time to time by the City Council by resolution. (Ord. #2012-159; Ord. #228-2019, S3)

On discovering the existence of an abandoned, wrecked, dismantled or inoperative vehicle, or parts thereof, on private property or public property within the City of Clearlake, the Chief of Police or his/her designee shall have the authority to cause the abatement and removal thereof in accordance with the procedure prescribed herein. (Ord. #2012-159)

a. Prior to the abatement or removal of any vehicle or parts thereof pursuant to this section, the City shall mail a ten (10) day notice of intention to abate and remove the vehicle, or parts thereof, as a public nuisance by registered or certified mail to the owner of the land on which the vehicle or parts thereof is located and to the owner of the vehicle, unless the vehicle is in such condition that identification numbers are not available to determine ownership. b. The notice shall contain a statement of hearing rights of the owner of the property on which the vehicle, or parts thereof, is located and of the owner of the vehicle. The statement shall include notice to the property owner that they may appear in person at a hearing or may submit a sworn statement denying responsibility for the presence of the vehicle on the land, with their reasons for such denial, in lieu of appearing. (Ord. #2012-159; Ord. #228-2019, S4)

a. Upon request by the owner of the vehicle or owner of the land, received by the Chief of Police within ten (10) days after the mailing of the notices 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 inoperative 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 land submits a sworn statement denying responsibility for the presence of the vehicle on his land within such ten (10) day period, said 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 (10) 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 said ten (10) days after mailing of the notice of intention to abate and remove, the City of Clearlake shall have the authority to abate and remove the vehicle or parts thereof as a public nuisance without holding a public hearing. (Ord. #2012-159)

a. All hearings under this section shall be held before the City Council which shall hear all facts and testimony it deems pertinent. Said facts and testimony may include testimony on the condition of the vehicle or parts thereof and the circumstances concerning its location on the said private property or public property. The City Council shall not be limited by the technical rules of evidence. The owner of the land may appear in person at the hearing or present a sworn 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 such denial. b. The City Council may impose such conditions and take such other action as it deems appropriate under the circumstances to carry out the purpose of this section. It may delay the time for removal of the vehicle or parts thereof if, in its opinion, the circumstances justify it. At the conclusion of the public hearing the City Council may find that a vehicle or parts 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 hereinafter provided and determine the administrative costs and the cost of removal to be charged against the owner of the land. 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, to be removed. c. If it is determined at the hearing that the vehicle, or parts thereof, was placed on the land without the consent of the owner of the land and that the owner of the land has not subsequently acquiesced in the presence of the vehicle, or parts thereof, the City Council shall not assess any administrative costs or the costs of removal of the vehicle against the property upon which the vehicle or parts thereof is located or otherwise attempt to collect such costs from such owner of the land.

d. If the owner of the land submits a sworn written statement denying responsibility for the presence of the vehicles on his land but does not appear, or if an interested party makes a written presentation to the City Council but does not appear, such party shall be notified in writing of the decision. (Ord. #2012-159; Ord. #228-2019, S3)

Five (5) days after the City Council’s adoption of the order declaring the vehicle or parts thereof to be a public nuisance, or five (5) days from the date of mailing of notice of the decision, if such notice is required by this section, 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. (Ord. #2012-159; Ord. #228-2019, S3)

Within five (5) days after the date of removal of the vehicle or parts thereof, notice shall be given to the Department of Motor Vehicles identifying the vehicle or parts thereof removed. At the same time, there shall be transmitted to the Department of Motor Vehicles any evidence of vehicle registration available for the vehicle removed, including registration certificates, certificates of title and license plates. (Ord. #2012-159)

If the administrative costs and the cost of removal which are charged against the owner of vehicle a parcel of land pursuant to subsection 10-6.5 are not paid within thirty (30) days of the date of the order, 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. Said assessment shall have the same priority as other City taxes or assessments. (Ord. #2012-159)

It is unlawful for any person to abandon, store, leave, or permit the abandonment, storing, or leaving of any licensed or unlicensed vehicle or parts thereof which is abandoned, wrecked, dismantled or inoperative upon any private property or public property, including highways, within the City for a period in excess of seventy-two (72) or more consecutive hours. (Ord. #228-2019, S5)

It is unlawful for any person to 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 section or State law, where such State law is applicable. (Ord. #228-2019, S6)