Concord Municipal Code Art. V Abandoned, Wrecked, Dismantled, and Inoperative Vehicles

Cross references: Traffic and vehicles, Title 10.

Pursuant to the authority provided in Vehicle Code Section 22660, abandoned, wrecked, dismantled, or inoperative vehicles, or parts thereof, shall be removed from private and public property, not including highways, as provided in this article.

(Code 1965, § 3900; Code 2002, § 62-161. Ord. No. 1002)

As used in this article:

Highway. 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 vehicle. A vehicle is inoperative if it is:

(a) Mechanically incapable of being driven; or

(b) Prohibited from being operated on a public street or highway pursuant to the provisions of Vehicle Code Section 4000, 5202, 24002, or 40001, concerning license plates, registration, equipment, safety and related matters.

(c) A vehicle shall be deemed inoperative if it is registered with the Department of Motor Vehicles in non-operational status, even if that vehicle is mechanically capable of being driven.

Owner of the land. The owner of the land as shown on the last equalized assessment roll, on which the vehicle, or parts thereof, is located.

Owner of the vehicle. The last registered owner and legal owner of record.

Public property. Does not include highway.

Vehicle. 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.

(Code 1965, § 3901; Code 2002, § 62-162. Ord. No. 798; Ord. No. 818; Ord. No. 1002; Ord. No. 06-4, § 3)

Cross references: Definitions generally, § 1.05.100.

(a) This article shall not apply to:

(1) A vehicle, or parts 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 parts thereof, which is stored or parked in a lawful manner on private property in connection with the business of a licensed dismantler, a licensed vehicle dealer, or a junkyard.

(b) Nothing in this section shall authorize the maintenance of a public or private nuisance as defined under provisions of law other than Vehicle Code Division II, Chapter 10 (Vehicle Code Section 22650 et seq.) and this article.

(Code 1965, § 3902; Code 2002, § 62-163. Ord. No. 798; Ord. No. 818; Ord. No. 1002; Ord. No. 06-4, § 3)

This article 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.

(Code 1965, § 3903; Code 2002, § 62-164. Ord. No. 1002; Ord. No. 06-4, § 3)

Except as otherwise provided herein, the provisions of this article shall be administered and enforced by the Chief of Police of the city, or his or her designee.

(Code 1965, § 3904; Code 2002, § 62-165. Ord. No. 853; Ord. No. 1002; Ord. No. 06-4, § 3)

It shall be a misdemeanor pursuant to Section 1.05.230 for any person to abandon, park, store, or leave or permit the abandonment, parking, storing, or leaving of any licensed or unlicensed vehicle, or part thereof, which is in an abandoned, wrecked, dismantled, or inoperative condition, upon any private property or public property, not including highways. An abandoned vehicle is any vehicle, defined in Vehicle Code Section 670, which has been left on private property or on public property other than highways in such inoperable or neglected condition that the owner’s intention to relinquish all further rights or interests in it may be reasonably concluded.

(Code 1965, § 3905; Code 2002, § 62-166. Ord. No. 798; Ord. No. 853; Ord. No. 1002; Ord. No. 94-5; Ord. No. 06-4, § 3)

It shall be 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 article or state law where such state law is applicable.

(Code 1965, § 3906; Code 2002, § 62-167. Ord. No. 798; Ord. No. 818; Ord. No. 853; Ord. No. 1002; Ord. No. 06-4, § 3)

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 article.

(Code 1965, § 3907; Code 2002, § 62-168. Ord. No. 798; Ord. No. 818; Ord. No. 1002; Ord. No. 94-5; Ord. No. 06-4, § 3)

The City Council shall, from time to time, determine and fix an amount to be assessed as administrative costs under this article. This cost of administration may be set as a fixed sum per removal or as a percentage of the actual cost of removal.

(Code 1965, § 3908; Code 2002, § 62-169. Ord. No. 798; Ord. No. 818; Ord. No. 1002; Ord. No. 94-5; Ord. No. 06-4, § 3)

Upon discovering the existence of an abandoned, wrecked, dismantled, or inoperative vehicle, or parts thereof, on private property or public property within the city, 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.

(Code 1965, § 3909; Code 2002, § 62-170. Ord. No. 1002; Ord. No. 06-4, § 3)

A 10-day notice of intention to abate and remove the vehicle, or parts thereof, as a public nuisance shall be mailed, by registered or certified mail, 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. The notices of intention shall contain the following provisions:

(1) To the owner of land:

a. A statement that instructs the property owner to abate the nuisance by removal within 10 days from the date of mailing the notice.

b. A statement notifying the property owner that failure to remove the vehicle within the 10-day period will result in the city abating and removing the vehicle; the cost of which, together with administrative costs, will be assessed against the owner of the land.

c. A statement of the hearing rights of the owner of the property on which the vehicle is located. The statement shall include:

1. A statement that the property owner has 10 days after the mailing of the notice to request a public hearing.

2. A statement that the request shall be filed with the Neighborhood Services Division.

3. A statement notifying the property owner that if a request is not received within the 10-day period, the Chief of Police, or his/her designee, shall have the authority to abate and remove said vehicle (or said parts of a vehicle) as a public nuisance and assess the costs as aforesaid without a public hearing.

4. Notice to the property owner that he or she may appear in person at a hearing or may submit a sworn written statement denying responsibility for the presence of the vehicle on the land, with his or her reasons for such denial, in lieu of appearing.

(2) To the last registered and/or legal owner of record of the vehicle:

a. A statement that instructs the registered (and/or legal) owner to abate the nuisance by removal within 10 days from the date of mailing the notice.

b. A statement notifying the registered (and/or legal) owner that failure to remove the vehicle within the 10-day period will result in the city abating and removing the vehicle.

c. A statement of the hearing rights of the registered (and/or legal) owner. This statement shall include:

1. A statement that the registered (and/or legal) owner has 10 days after the mailing of the notice to request a public hearing.

2. A statement that the request shall be filed with the Neighborhood Services Division.

3. A statement notifying the registered (and/or legal) owner that if a request is not received within the 10-day period, the Chief of Police, or his or her designee, shall have the authority to abate and remove said vehicle (or said parts of a vehicle) as a public nuisance and assess the costs as aforesaid without a public hearing.

4. Notice to the registered (and/or legal) owner that he or she may appear in person at a hearing or may submit a sworn written statement denying responsibility for the presence of the vehicle on the land, with his or her reasons for such denial, in lieu of appearing.

(Code 1965, § 3910; Code 2002, § 62-171. Ord. No. 853; Ord. No. 1002; Ord. No. 92-15; Ord. No. 06-4, § 3)

Upon request by the owner of the vehicle or owner of the land received by the Neighborhood Services Division within 10 days after the mailing of the notices of intention to abate and remove, an administrative hearing shall be held 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. If the owner of the land submits a sworn written statement denying responsibility for the presence of the vehicle on his land within such 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 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 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.

(Code 1965, § 3911; Code 2002, § 62-172. Ord. No. 853; Ord. No. 1002; Ord. No. 89-20; Ord. No. 92-15; Ord. No. 06-4, § 3)

All hearings under this article shall be held before the City Hearing Officer, who shall hear all facts and testimony he deems pertinent, including testimony on the condition of the vehicle, or parts thereof, and the circumstances concerning its location on the subject private or public property. The Hearing Officer 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 reasons for such denial. The Hearing Officer may impose such conditions and take such other action as he or she deems appropriate under the circumstances to carry out the purpose of this article. At the conclusion of the hearing, the Hearing Officer 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 parcel of land on which the vehicle, or parts thereof, is located. 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 at the site. If it is determined at the hearing that the vehicle was placed on the land without the consent of the landowner, and that the landowner has not subsequently acquiesced in 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 such costs from the landowner. If an interested party submits a sworn written statement to the Hearing Officer but does not appear, he or she shall be notified, in writing, of the decision. The decision of the Hearing Officer is final.

(Code 1965, § 3912; Code 2002, § 62-173. Ord. No. 798; Ord. No. 818; Ord. No. 853; Ord. No. 1002; Ord. No. 89-20; Ord. No. 92-15; Ord. No. 06-4, § 3)

Ten days after adoption of the order declaring the vehicle, or parts thereof, to be a public nuisance by the Hearing Officer, or 10 days from the date of mailing of the notice of the decision if such notice is required by Section 8.25.460, the vehicle, or parts thereof, may be disposed of by removal to a scrap yard or automobile dismantler’s yard. After the vehicle has been removed, it shall not thereafter be reconstructed or made operable, unless:

(1) It is a vehicle which qualifies for either horseless carriage license plates or historical vehicle license plates pursuant to Vehicle Code Section 5004, in which case the vehicle may be reconstructed or made operable; or

(2) It is determined to be inoperative pursuant to Section 8.25.350, subsection (b) of the definition of inoperable vehicle, in which case the vehicle can be released as long as the tow fee is paid and it is registered as operable or is stored in an enclosed garage.

(Code 1965, § 3914; Code 2002, § 62-174. Ord. No. 798; Ord. No. 853; Ord. No. 1002; Ord. No. 89-20; Ord. No. 92-15; Ord. No. 06-4, § 3)

Within five 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 registration available, including registration certificates, certificates of title and license plates.

(Code 1965, § 3915; Code 2002, § 62-175. Ord. No. 853; Ord. No. 1002; Ord. No. 06-4, § 3)

If the costs, including administrative citations, and/or the cost of removal which are charged against the owner of a parcel of land pursuant to Section 8.25.460 are not paid within 30 days of the date of the order, such costs shall be assessed against the parcel of land pursuant to Government Code Section 38773.5 and shall be transmitted to the tax collector for collection. Said assessment shall have the same priority as other city taxes.

(Code 1965, § 3916; Code 2002, § 62-176. Ord. No. 798; Ord. No. 853; Ord. No. 1002; Ord. No. 92-15; Ord. No. 06-4, § 3)