Chapter 10.32 — ABANDONED OR INOPERATIVE VEHICLES

* For statutory provisions on the power of local authorities to abate and remove abandoned, wrecked, dismantled or inoperative vehicles, see Vehicle Code §22660 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 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 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 permitted in this chapter, is declared to constitute a public nuisance which may be abated as such in accordance with the provisions of this chapter.

(Ord. 265 §1(part), 1971).

As used in this chapter, the following words and phrases shall have the meanings set forth in this section:

A.

"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.

B.

"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.

C.

"Owner of the vehicle" means the last registered owner and legal owner of record.

D.

"Public property" does not include "highway."

E.

"Vehicle" means a device by which any person or property may be propelled, moved, or drawn upon a street, except a device moved exclusively by human power or used exclusively upon stationary rails or tracks.

(Ord. 323 §19, 1970; Ord. 265 §1(part), 1971).

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. 265 §3, 1971).

A.

This chapter shall not apply to:

Two or fewer vehicles or parts thereof that are completely enclosed within a building or behind a solid fence in a lawful manner where they are not visible from the street or other public or private property;

Any number of vehicles or parts thereof that are 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 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 chapter.

(Ord. 579 §§3, 4, 1998; Ord. 265 §2, 1971).

Except as otherwise provided in this chapter, the provisions of this chapter shall be administered and enforced by the chief of police or his or her designee. In the enforcement of this chapter, such officer and his or her deputies may 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 chapter. Before entering private property for the foregoing purposes, except to approach or depart from the front entrance of any residence thereon, permission shall first be requested of the property owner, tenant or other person in lawful possession thereof. If permission is not obtained, the city attorney will be requested to seek a court order to allow entry and the legal fees and costs incurred by the city in obtaining such an order shall be the responsibility of any person in lawful possession of the property who has denied to the city his or her permission to enter.

(Ord. 579 §§1(part), 2, 5, 1998; Ord. 265 §4, 1971).

It is unlawful and an infraction for any person to abandon, park, store, or leave or permit the abandonment, parking, storing, or leaving of any licensed or unlicensed vehicle or parts thereof which is in an abandoned, wrecked, dismantled, or inoperative condition upon any private property or public property, not including highways, within the city for a period in excess of five days; unless such vehicle or parts thereof is completely enclosed within a building or behind a solid fence in a lawful manner where it is not plainly visible from the street or other public or private property and there are no more than two such vehicles, or unless such vehicle 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. It is also unlawful and an infraction for any person to fail or refuse to remove an abandoned, wrecked, dismantled or inoperative vehicle or parts thereof, or to refuse or neglect to abate such nuisance when ordered to do so in accordance with the abatement provisions of this chapter or applicable provisions of state law.

(Ord. 579 §6, 1998; Ord. 265 §16, 1971).

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. Before entry is made, permission shall first be requested under the circumstances and procedures set forth in Section 10.32.050 of this chapter, and the provisions therein relating to obtaining a court order and the costs thereof shall apply in the franchise situation as well.

(Ord. 579 §7, 1998; Ord. 265 §5, 1971).

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 or her designee shall have the authority to cause the abatement and removal thereof in accordance with the procedure prescribed in this chapter.

(Ord. 579 §1(part), 1998; Ord. 265 §7, 1971).

A ten day notice of intention to abate and remove the vehicle or parts thereof as a public nuisance shall be mailed by registered 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 be in substantially the following form:

6q;"NOTICE OF INTENTION

TO ABATE AND REMOVE AN ABANDONED, WRECKED, DISMANTLED,

OR INOPERATIVE VEHICLE OR PARTS THEREOF

AS A PUBLIC NUISANCE

(Name and address of owner of 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 (section of ordinance or municipal code) has determined that there exists upon said land an (or parts of an) abandoned, wrecked, dismantled or inoperative vehicle registered to ___________, license number ___________, which constitutes a public nuisance pursuant to the provisions of (ordinance or municipal code chapter number).

"You are hereby notified to abate said nuisance by the removal of said vehicle (or said parts of a vehicle) within 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 of Corning and the costs thereof, together with administrative costs, assessed to you as owner of the land on which said vehicle (or said parts of a vehicle) is located.

"As owner of the land on which said vehicle (or said parts of a vehicle) is located, you are hereby notified that you may, within ten days after the mailing of this Notice of Intention, request a Public Hearing. If such a request is not received by the City Clerk of the City of Corning within such 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. You may appear in person at any Hearing requested by you or the owner of the vehicle or, in lieu thereof, may present a sworn written statement as aforesaid in time for consideration at such Hearing. You may submit a sworn written statement within such 10-day period denying responsibility for the presence of said vehicle (or said parts of a vehicle) on said land, with your reasons for denial, and such statement shall be construed as a request for hearing at which your presence is not required.

"NOTICE OF INTENTION

TO ABATE AND REMOVE AN ABANDONED, WRECKED, DISMANTLED,

OR INOPERATIVE VEHICLE OR PARTS THEREOF

AS A PUBLIC NUISANCE

(Name and address of last registered and/or

legal owner of record of vehicle - notice

should be given to both if different)

"As last registered (and/or legal) owner of record of (description of vehicle - make, model, license, etc.), you are hereby notified that the undersigned pursuant to (Ordinance No.) has determined that said vehicle (or parts of a vehicle) exists as an abandoned, wrecked, dismantled or inoperative vehicle at (describe location on public or private property) and constitutes a public nuisance pursuant to the provisions of Ordinance No. ___________.

"You are hereby notified to abate said nuisance by the removal of said vehicle (or said parts of a vehicle) within 10 days from the date of mailing of this notice.

"As registered (and/or legal) owner of record of said vehicle (or said parts of a vehicle), you are hereby notified that you may, within 10 days after the mailing of this Notice of Intention, request a Public Hearing. If such a request is not received by the City Clerk of the City of Corning within such 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) without a Hearing.

Notice mailed: ___________ s/___________

(Date) (Signature)

(Ord. 579 §§1(part), 8, 1998; Ord. 568 (part), 1997; Ord. 265 §8, 1971).

A.

Upon request by the owner of the vehicle or owner of the land, received by the city clerk 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 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 or her land within such ten-day period, the statement shall be construed as a request for a hearing which does not require his or her presence. Notice of the hearing shall be mailed, by registered mail, at least ten 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 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. 579 §9, 1999; Ord. 568 (part), 1997; Ord. 265 §9, 1971).

All hearings under this chapter shall be held before a hearing officer designated by the city council who shall hear all facts and testimony he or she deems pertinent. The facts and testimony may include testimony on the condition of the vehicle or parts thereof and the circumstances concerning its location on the private property 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 statement in writing in time for consideration at the hearing and deny responsibility for the presence of the vehicle on the land, with his or her reasons for such denial.

(Ord. 616 §1, 2004; Ord. 579 §10, 1998; Ord. 568 (part), 1997; Ord. 265 §10(part), 1971).

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 chapter. He or she may delay the time for removal of the vehicle or parts thereof, if, in his or her opinion, the circumstances justify it. At the conclusion of the public 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 to be 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. 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.

(Ord. 616 §§2, 3, 2004; Ord. 265 §10(part), 1971).

A.

If it is determined at the hearing that the vehicle was placed on the land without the consent of the owner of the land and that he or she has not subsequently acquiesced in its presence, the hearing officer shall not assess the 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 such owner of the land.

B.

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

(Ord. 616 §3, 2004; Ord. 579 §11, 1998).

The city appeals board is created. It shall consist of three members who shall be appointed by the city council, one for a term of one year, one for a term of two years and one for a term of three years; thereafter the terms of all members of the appeals board shall be three years.

(Ord. 265 §15, 1971).

A.

Any interested party may appeal the decision of the hearing officer to the city council by filing a written request for an appeal with the city clerk within five days after such decision is made.

B.

Such appeal shall be heard by the city council which may affirm, amend or reverse the hearing officer's decision or take whatever other action it deems appropriate.

C.

The city clerk shall give written notice of the time and place of the appeal hearing to the appellant and to those persons specified in Section 10.32.090 of this chapter.

D.

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

(Ord. 616 §4, 2004).

Five days after adoption of the order declaring the vehicle or parts thereof to be a public nuisance, five days from the date of mailing of notice of the decision if such notice is required by Section 10.32.110 through 10.32.130 of this chapter, or fifteen days after such action of the governing body authorizing removal following appeal, the vehicle or parts thereof may be disposed of by removal to a scrapyard or automobile dismantler's yard. After a vehicle has been removed, it shall not thereafter be reconstructed or made operable.

(Ord. 265 §12, 1971).

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.

(Ord. 265 §13, 1971).

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 parts thereof, under this chapter.

(Ord. 265 §6, 1971).

If the administrative costs and the cost of removal which are charged against the owner of a parcel of land pursuant to Sections 10.32.110 through 10.32.130 of this chapter 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. The assessment shall have the same priority as other city taxes.

(Ord. 265 §14, 1971).