Corning Municipal Code Ch. 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:

1. 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;

2. 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).