Corcoran Municipal Code Ch. 10 Abandoned and Derelict Vehicles

Pursuant to the determination made and the authority granted by the State legislature under section 22660 of the Vehicle Code of the State to remove abandoned, wrecked, dismantled or inoperative vehicles or parts thereof from private and public property as public nuisances, the City Council hereby 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 be injurious to the health, safety and general welfare. Therefore, the presence of an abandoned, wrecked, dismantled or inoperative vehicle or part thereof, on private or public property, not including highways, 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 Chapter. (Ord. 422 N.S., 4-21-1986)

As used in this Chapter:

ADMINISTRATIVE COSTS: The costs to the City of performing the acts required under this Chapter. The City Council hereby determines that the administrative costs are in the amount of one hundred dollars ($100.00) for each vehicle removed if the vehicle is removed by or on behalf of the City without a hearing pursuant to Section 5-10-10 of this Chapter. In those cases in which the Building Official conducts a hearing pursuant to Section 5-10-11 of this Chapter, he/she shall fix and determine the administrative costs which shall be the actual cost to the City of performing all of the acts pertaining to the specific vehicle which is the subject of the hearing.

BUILDING OFFICIAL: The City of Corcoran's duly designated Building Official.

COST OF REMOVAL: The actual cost to the City of having the vehicle removed.

HIGHWAY: A way or place of whatever nature, publicly maintained and opened to the use of the public for purposes of vehicular travel. The term "highway" includes streets.

INOPERATIVE VEHICLE: One which:

A. Has no engine; or

B. Has no radiator; or

C. Has no transmission; or

D. Has no drive shaft; or

E. Has no gasoline tank; or

F. Has less than four (4) wheels; or

G. Cannot be started and caused to move under its own power a distance of at least two hundred (200) yards within twenty four (24) hours.

Where the owner or other person in possession of any vehicle described above contends that such vehicle is inoperative only due to the fact that it is under repair, proof that missing parts have been ordered within a reasonable time, or are being repaired, may be accepted by the Building Official as a basis for withholding further action under the provisions of this Chapter for a reasonable time.

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. The term "vehicle" also includes any part or portion of a vehicle which is less than a whole vehicle, and all of the provisions of this Title apply to a part or portion of a vehicle which is less than a whole vehicle. (Ord. 422 N.S., 4-21-1986; 1996 Code)

This Chapter shall not apply to:

A. A vehicle which is completely enclosed within a building in a lawful manner so that it is not visible from the street or other public or private property.

B. A vehicle 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 junk yard, or when such storage or parking is necessary to the operation of a lawfully conducted business or commercial enterprise.

C. 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 of the State and this Chapter. (Ord. 422 N.S., 4-21-1986)

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 statutes and ordinances heretofore or hereafter enacted by the State, the City, or any other legal entity or agency having jurisdiction. (Ord. 422 N.S., 4-21-1986)

Except as otherwise provided herein, the provisions of this Chapter shall be administered and enforced by the Building Official or other persons authorized by him/her to administer and enforce this Chapter. (Ord. 422 N.S., 4-21-1986)

A. Right To Enter: The Building Official and other persons authorized by him/her may enter upon private or public property to examine a vehicle and to obtain information as to the ownership and identity of a vehicle when enforcing this Chapter.

B. Contract To Remove: If the City enters into a contract with any person to remove or cause the removal of vehicles which have been declared to be public nuisances pursuant to this Chapter, such persons may enter upon private or public property to remove such vehicles.

C. Misdemeanor: Every person is guilty of a misdemeanor who in any way denies, obstructs or hampers the entrance of the persons mentioned in this Section upon private or public property to carry out the aforementioned duties or who denies, obstructs or hampers the performance of such duties by such persons after they have entered the property. (Ord. 422 N.S., 4-21-1986)

If it appears to the Building Official that an abandoned, wrecked, dismantled or inoperative vehicle is located on private or public property, he/she may follow such administrative procedures to secure voluntary removal of such vehicle as appear advisable in each individual case prior to giving a notice of intention to abate pursuant to Section 5-10-8 of this Chapter. (Ord. 422 N.S., 4-21-1986)

If the Building Official cannot secure voluntary removal of the vehicle, pursuant to Section 5-10-7 of this Chapter, he/she shall give written notice of intention to abate and remove the vehicle. The ten (10) day notice shall contain a statement of the hearing rights of the owner of the vehicle. The statement shall include notice to the property owner that the property owner may appear in person at a hearing or may present a sworn written statement denying responsibility for the presence of the vehicle on the land with reasons for such denial, in lieu of appearing. The notice of intention to abate shall be mailed, certified 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 of the vehicle unless the vehicle is in such condition that identification numbers are not available to determine ownership. The notice of intention to abate will also be mailed to the office of the Department of the California Highway Patrol as per section 22669 of the Vehicle Code. (Ord. 422 N.S., 4-21-1986)

The registered or legal owner of the vehicle or the owner of the land on which the vehicle is located may request a hearing on the question of abatement and removal of the abandoned, wrecked, dismantled or inoperative vehicle and on the question of assessment of the administrative costs and cost of removal against the property on which it is located. Such request for a hearing shall be in writing and shall be filed with the Building Official not more than ten (10) days after the date on which the notice of intention described in Section 5-10-8 of this Chapter was mailed by the Building Official. If the owner of the land on which the vehicle is located files with the Building Official a sworn statement denying responsibility for the presence of the vehicle on his/her land within said ten (10) day period, said statement shall be construed as a request for a hearing which does not require the presence of the owner submitting said statement. (Ord. 422 N.S., 4-21-1986)

If no hearing is requested within the time limits specified in Section 5-10-9 of this Chapter, the Building Official shall cause the vehicle to be removed and taken to a junk yard, automobile dismantling yard or refuse disposal site. In addition, the owner shall be required to pay the administrative costs and the cost of removal, in the amounts set forth in Section 5-10-20 of this Chapter. The Building Official shall send a request for payment of said costs to the owner of the property by regular mail and if he/she does not pay said costs within thirty (30) days after the date on which the letter was mailed, the procedure set forth in subsection B of Section 5-10-18 of this Chapter shall be followed. (Ord. 422 N.S., 4-21-1986)

If a public hearing has been requested in accordance with the provisions of Section 5-10-9 of this Chapter, a public hearing shall be held on the question of abatement and removal of a vehicle as an abandoned, wrecked, dismantled or inoperative vehicle and the assessment of the administrative costs and cost of removal against the property on which it is located. The Building Official shall cause notices of the time and place of the hearing to be sent by regular mail to the owner of the land as shown on the last equalized County assessment roll, the last registered and legal owners of record of the vehicle unless the vehicle is in such condition that identification numbers are not available to determine ownership and the California Highway Patrol, identifying vehicle. Said notices shall be mailed at least ten (10) days before the date of the hearing. (Ord. 422 N.S., 4-21-1986)

The public hearings under this Chapter shall be conducted by the Building Official. The Building Official shall hear all pertinent evidence offered by all interested persons, including testimony on vehicle condition and its location on private or public property. The technical rules of evidence shall not be applicable to the hearing. The owner of the land on which the vehicle is located may appear in person at the hearing or present a sworn written statement for consideration at the hearing. The owner of the land may deny responsibility for the presence of the vehicle on the land, with his/her reasons for such denial. (Ord. 422 N.S., 4-21-1986)

A. Order To Remove: At the conclusion of the public hearing, the Building Official may find that a vehicle 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, in accordance with Section 5-10-15 of this Chapter, and may determine that the administrative costs and the cost of removal are to be charged against the owner of the land on which the vehicle is located.

B. Costs Waived: If it is determined by the Building Official that the vehicle was placed on the land without the consent of the landowner and that he/she has not subsequently acquiesced in its presence, the Building Official shall not assess administrative costs and the cost of removal of the vehicle against the property upon which the vehicle is located or otherwise attempt to collect such costs from such landowner.

C. Other Action: The Building Official may impose such conditions and take such other action as he/she deems appropriate under the circumstances to carry out the purposes of this Chapter if, in his/her opinion, the circumstances justify it.

D. Written Notice: The Building Official shall give written notice of his/her decision to all of the interested persons to whom the notice of hearing was mailed. (Ord. 422, 4-21-1986)

Within ten (10) days, excluding Saturdays, Sundays and legal holidays, after notice of the decision of the Building Official has been mailed to the interested parties, any person affected by the decision may file with the Clerk of the City Council a written notice of appeal from said decision. The City Council shall thereafter set the matter for hearing. The Clerk of the City Council shall give written notice of the hearing to all of the persons mentioned in Section 5-10-8 of this Chapter. At the time and place set for the hearing, the City Council shall hear the matter de novo and all of the provisions of Section 5-10-12 of this Chapter shall be applicable to said hearing. The decision of the City Council after such hearing upon the appeal is final and conclusive as to all things involved in the matter. The Clerk of the City Council shall give written notice of the decision of the City Council to all of the persons to whom notice of the hearing was mailed. (Ord. 422, 4-21-1986)

A. Order To Remove: At any time after the Building Official orders an abandoned, wrecked, dismantled or inoperative vehicle to be removed, pursuant to Section 5-10-13 of this Chapter, any interested party may cause such vehicle to be removed. If the Building Official has assessed administrative costs and the cost of removal against the property on which the vehicle is located, and the vehicle is voluntarily removed without the cost to the City, only the administrative costs shall thereafter be collected from the owner of the land.

B. City To Remove:

1. If no appeal has been filed and the vehicle has not been removed within ten (10) days, excluding Saturdays, Sundays and legal holidays, after the notice of the decision of the Building Official was mailed to the interested parties, the Building Official shall cause the vehicle to be removed and taken to a junk yard, automobile dismantling yard or refuse disposal site.

2. If an appeal has been filed, and the vehicle has not been removed within ten (10) days, excluding Saturdays, Sundays and legal holidays, after the notice of the decision of the City Council was mailed to the interested parties, the Building Official shall cause the vehicle to be removed and taken to a junk yard, automobile dismantling yard or refuse disposal site. (Ord. 422, 4-21-1986)

After a vehicle has been removed pursuant to the provisions of this Chapter, it shall not thereafter be reconstructed or made operable, unless it qualifies as a historical vehicle, pursuant to section 5004, California Vehicle Code. (Ord. 521, 10-21-1996)

Within five (5) days after the date of removal of the vehicle pursuant to the provisions of this Title, the Building Official shall give notice of the removal to the Department of Motor Vehicles of the State identifying the vehicle removed and transmit to said Department any evidence of registration available, including, but not limited to, registration certificates, certificates of title and license plates. (Ord. 422, 4-21-1986)

A. Notice To Owner: If the Building Official has caused the vehicle to be removed from the property, and he/she has assessed administrative costs and the cost of removal against the owner of the property on which the vehicle is located, the Building Official shall mail a notice to the owner of the property of the administrative costs to be paid by the owner of the property. If the vehicle is voluntarily removed by any interested party prior to the date of hearing, there shall be no administrative costs assessed or charged.

B. Unpaid Costs: If the costs referred to in subsection A of this Section are not paid within thirty (30) days after the date on which the notice referred to therein is mailed to the owner of the property, the City Council may direct the County Auditor to place the unpaid costs on the County tax roll as a special assessment against the property pursuant to section 25845 of the Government Code of the State. The assessment shall be transmitted to the Tax Collector for collection. (Ord. 422 N.S., 4-21-1986)

Prior to the removal of the vehicle or part thereof as provided in this Chapter, the Building Official shall inventory any unclaimed personal property found in such vehicle. The inventory shall be conducted in the presence of the owner of the vehicle or the owner of the land upon which the vehicle is located, if such persons can be located with reasonable effort. The Building Official shall retain and dispose of such property in the same manner as any property found or abandoned in the City of Corcoran. (Ord. 422 N.S., 4-21-1986)

A. Failure To Remove: It shall be unlawful and a misdemeanor for any person to fail or refuse to remove an inoperative, abandoned, wrecked or dismantled 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. Notwithstanding the classification of a violation of this Chapter as a misdemeanor, at the time an action is commenced to enforce the provisions of the Chapter. The trial court, upon recommendation of the prosecuting attorney and with the consent of the defendant, may reduce the charged offense from a misdemeanor to an infraction pursuant to section 19(c) of the California Penal Code.

B. Misdemeanor: Any person convicted of a misdemeanor under this Article shall be subject to penalty as provided in Section 1-4-1 of this Code. Each day that a violation continues shall be regarded as a new and separate offense.

C. Infraction: Any person convicted of any infraction of this Chapter shall be subject to penalty as provided in Section 1-4-1 of this Code. Each day that a violation continues shall be regarded as a new and separate offense. (Ord. 422 N.S., 4-21-1986; 1996 Code)