Colusa Municipal Code Ch. 21 Wrecked, Junked and Abandoned Vehicles

Footnotes:

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1 ;l For state law as to abandoned vehicles, see Veh. C., § 22700 et seq.

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 of the city makes the following findings and declarations:

The accumulation and storage of abandoned, wrecked, dismantled or inoperative vehicles or parts thereof on private property not including highways is 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 declared to constitute a public nuisance which may be abated as such in accordance with the provisions of this chapter.

(Ord. No. 355, § 2.)

The following words and phrases as used in this chapter are defined as follows:

Chief of police. "Chief of police" means the chief of police of the city.

Highway. "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.

Public property. "Public property" means property owned or under the control of a public entity or agency and devoted to public use; it does not include "highway."

Vehicle. "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. No. 355, § 2.)

This chapter shall not apply to:

(a) 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

(b) 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, or a junkyard.

(c) One vehicle only which is parked in a lawful manner in the rear yard of a residential lot; provided said vehicle is screened from view from the street or other public or private property by a six-foot wooden or masonry fence in conformance with city zoning requirements.

Provided, that the foregoing exceptions shall not authorize the maintenance of a public or private nuisance as defined under provisions of law other than those contained in the Vehicle Code.

(Ord. No. 355, § 2.)

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. No. 355, § 2.)

Except as otherwise provided herein, the provisions of this chapter shall be administered and enforced by the chief of police. In the enforcement of this chapter, such officer and his deputies may enter upon private or public property to examine a vehicle, or part thereof, or obtain information as to the identity of a vehicle (and to remove or cause the removal of a vehicle, or part thereof) declared to be a nuisance pursuant to this chapter.

(Ord. No. 355, § 2.)

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 part thereof, declared to be a nuisance pursuant to this chapter.

(Ord. No. 355, § 2.)

The city council may from time to time by resolution determine and fix an amount to be assessed as administrative cost under this chapter.

(Ord. No. 355, § 2; Ord. No. 427, § 1.)

Upon discovering the existence of an abandoned, wrecked, dismantled or inoperative vehicle, or part thereof, on private property or public property within the city, the chief of police shall have the authority to cause the abatement and removal thereof in accordance with the procedure prescribed herein.

(Ord. No. 355, § 2.)

A ten-day notice of intention to abate and remove a vehicle, or part thereof, as a public nuisance shall be mailed by certified or registered mail to the owner of the land as shown on the last equalized assessment roll, and to the last registered and legal owners of record, unless the vehicle is in such condition that the identification numbers are not available to determine ownership; provided, that said notice is not required:

(a) Where the property owner and the registered and legal owners of the vehicle have signed releases authorizing removal and waiving further interest in the vehicle, or part thereof; or

(b) Where a vehicle is inoperable due to the absence of a motor, transmission, or wheels and is incapable of being towed, is a "low-valued vehicle" as that term is defined in this section, and is determined by the enforcing officer to be a public nuisance presenting an immediate threat to the public health or safety, and where the property owner has signed a release authorizing removal and waiving further interest in the vehicle. For purposes of this subsection, the term "low-valued vehicle" means a vehicle that is valued at less than two hundred dollars by an appraiser authorized to make appraisals under the provisions of Section 22855 of the Vehicle Code. The provisions of this subsection apply only to vehicles located upon a parcel that is zoned for agricultural use, or upon a parcel that is not improved with a residential structure containing one or more dwelling units.

(Ord. No. 355, § 2.)

The notices of intention to be given to a property owner, and to the registered and legal owners of a vehicle, under the provisions of Section 21-9, shall be in substantially the following form:

"NOTICE OF INTENTION TO ABATE AND REMOVE AN ABANDONED, WRECKED, DISMANTLED, OR INOPERATIVE VEHICLE, OR PART THEREOF, AS A PUBLIC NUISANCE

TO: (name and address of owner of the land)

As owner shown on the last equalized assessment roll of the land located at (address), you are hereby notified that the undersigned, pursuant to the provisions of Chapter 21 of the City Code of the City of Colusa, has determined that there exists upon said land an abandoned, wrecked, dismantled, or inoperative vehicle, or part thereof, registered to (name of registered owner), a license number ___________ which constitutes a public nuisance under the provisions of said Chapter 21. You are hereby notified to abate said nuisance by the removal of said vehicle, or part thereof, within ten (10) days from the date of mailing of this notice, and upon your failure to do so the same will be abated and removed by the City and the costs thereof, including administrative costs, will be assessed to you as the owner of the land on which said vehicle, or part thereof, is located, as authorized by Section 38773.5 of the Government Code.

As owner of the land on which said vehicle, or part thereof, is located, you are hereby notified that you may, within ten (10) days after the mailing of this notice, request a public hearing before the City Council. If such request for hearing is not received by the chief of police within such ten (10) days' period, the chief of police shall have the authority to abate and remove said vehicle, or part thereof, as a public nuisance and assess the costs to you, as aforesaid without a public hearing. You may appear in person at said hearing, or you may submit a sworn written statement denying responsibility for the presence of the vehicle on the land, with your reasons for such denial, in lieu of appearing in person, in which case said statement shall be construed as a request for hearing at which your presence is not required.

Notice mailed ________ (date)

Signature ___________ (Chief of Police)"

"NOTICE OF INTENTION TO ABATE AND REMOVE AN ABANDONED, WRECKED, DISMANTLED, OR INOPERATIVE VEHICLE, OR PART THEREOF, AS A PUBLIC NUISANCE

To: (name and address of last registered and/or legal owner of record of vehicle-notice to be given to both, if different)

As last registered (and/or legal) owner of record of (description of vehicle, including make, model, and license number, when available), you are hereby notified that the undersigned, pursuant to the provisions of Chapter 21 of the City Code of the City of Colusa, has determined that said vehicle (or part thereof) exists as an abandoned, wrecked, dismantled, or inoperative vehicle, or part thereof, and constitutes a public nuisance under the provisions of said Chapter 21.

You are hereby notified to abate said nuisance by the removal of said vehicle, or part thereof, within ten (10) days from the date of mailing of this notice.

As last registered (and/or legal) owner of said vehicle, or part thereof, you are hereby notified that you may, within ten (10) days after the mailing of this notice, request a public hearing. If such request for hearing is not received by the chief of police within such ten (10) days' period, the chief of police shall have the authority to abate and remove said vehicle, or part thereof, as a public nuisance, without a hearing.

Notice mailed: ________ (date)

Signature: ___________ (Chief of Police)"

(Ord, No. 355, § 2.)

Upon request of the owner of the vehicle, or part thereof, received by the chief of police or his authorized representative at the time of signing a release pursuant to subsection (a) of section 21-9, or received by the chief of police within ten 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 part thereof, as an abandoned, wrecked, dismantled or inoperative vehicle, and the assessment of the costs thereof, including administrative costs, against the property on which it is located, as authorized by section 38773.5 of the Government Code.

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

Notice of hearing shall be mailed, by registered or certified mail, at least ten days before the hearing to the owner of the land as shown on the last equalized assessment roll, and to the last registered and legal owners of record unless the vehicle is in such condition that identification numbers are not available to determine ownership. If no request for hearing is received within said 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 part thereof, as a public nuisance without holding a public hearing.

(Ord. No. 355, § 2.)

All hearings under this chapter 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 part thereof, and the circumstances concerning its location on the 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 reason for such denial.

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 this chapter, and determine the administrative costs and the cost of removal to be charged against the owner of the land as authorized by section 38773.5 of the Government Code. The order requiring removal shall include a description of the vehicle, if available at the site.

If it is determined at the hearing that the vehicle, or part thereof, was placed on the land without the consent of the owner of the land and that the owner has not subsequently acquiesced in its presence, the city council shall not assess the cost of administration or removal of the vehicle against the property upon which the vehicle is Located or otherwise attempt to collect such costs from the owner of the land.

If the owner of the land submits a sworn written statement denying responsibility for the presence of the vehicle on his land but does not appear, or if any interested party requests a hearing or makes a written presentation to the city council but does not appear, he or she shall be notified in writing of the decision.

(Ord. No. 355, § 2.)

Any interested party may appeal the decision of the city council by filing a written notice of appeal with the city council within five days after its decision. Such, appeal shall be heard by the city council, which may affirm, amend or reverse the order or take other action deemed appropriate.

The clerk shall give written notice of the time and place of the hearing on such appeal to the appellant and those persons specified in section 21-9.

In conducting the hearing, the city council shall not be limited by the technical rules of evidence.

(Ord. No. 355, § 2.)

Five days after adoption of the order declaring the vehicle, or part thereof, to be a public nuisance, five days after the date of mailing of a notice of decision when required under the provisions of section 21-12 or fifteen days after a decision of the city council on appeal affirming such order, the vehicle, or part 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 be reconstructed or made operable unless it is a vehicle which qualifies for either horseless carriage license plates or historical vehicles license plates, pursuant to section 5004 of the Vehicle Code, in which case it may be reconstructed or made operable.

(Ord. No. 355, § 2.)

Within five days after the date of removal of the vehicle or parts thereof, notice shall be given to the State 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 or registration available, including the registration card, certificates of ownership, or license plates.

(Ord. No. 355, § 2.)

If the administrative costs and the cost of removal which are charged against the owner of a parcel of land pursuant to section 21-12 are not paid within thirty 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 Government Code and shall be transmitted to the tax collector for collection. Said assessment shall have the same priority as other city taxes.

(Ord. No. 355, § 2.)

It is unlawful and a misdemeanor 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 chapter, or state law where such law is applicable.

(Ord. No. 355, § 2.)