Coalinga Municipal Code Art. 10 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 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. 536, eff. October 3, 1987)

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 Coalinga.

(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 the 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.

(Ord. 536, eff. October 3, 1987)

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. 536, eff. October 3, 1987)

(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. 536, eff. October 3, 1987)

(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 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. 536, eff. October 3, 1987)

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.

(Ord. 536, eff. October 3, 1987)

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. 536, eff. October 3, 1987)

Notice of intention to abate and remove a vehicle or part thereof as a public nuisance shall be given to the owner of the land on which the vehicle is located at least ten (10) days before such abatement and removal. Such notice shall contain a statement of the hearing rights of the owner of the property on which the vehicle is located and the name of the registered and legal owner or owners of the vehicle. The statement shall present a sworn written statement denying responsibility for the presence of the vehicle on the land with his reasons for such denial, in lieu of appearing. The notice of intention to abate and remove shall be mailed by registered mail to the owner of the land as shown on the last equalized assessment roll and to the last registered and legal owner of record unless the vehicles in such condition that identification numbers are not available to determine ownership.

(Ord. 536, eff. October 3, 1987)

(a) Upon request by the owner of the vehicle or owner of the land received by the City Council 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 written statement denying responsibility for the presence of the vehicle on his land within such ten-day period, the statement shall be constructed as a request for a hearing which does not require his presence. Notice of the hearing shall be mailed, by 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 ten (10) 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.

(Ord. 536, eff. October 3, 1987)

(a) All hearings under this chapter shall be held before the City Council, which shall hear all facts and testimony it deems pertinent on the condition of the vehicle or part 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 on which the 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 reasons 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 chapter. It may delay the time for removal of the vehicle or part 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 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 4-10.11, and determine the administrative costs and 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 land owner and that he has not subsequently acquiesced in its presence, charges for the removal of the vehicle shall not be a lien against the property upon which the vehicle is located and the City shall not otherwise attempt to collect such costs from such land owner.

(Ord. 536, eff. October 3, 1987)

Five (5) days after adoption of the order declaring the vehicle or parts thereof to be a public nuisance and five (5) days from the date of mailing of notice of decision of such notice as required by Section 4-10.09, 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. 536, eff. October 3, 1987)

Within five (5) days after the date of removal of 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. 536, eff. October 3, 1987)

If the administrative costs and the costs of removal which are charged against the owner of the parcel of land pursuant to Section 4-10.09 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 38873.5 of the Government Code and shall be transmitted to the Tax Collector for collection. The assessment shall have the same priority as other City taxes.

(Ord. 536, eff. October 3, 1987)