Corte Madera Municipal Code Ch. 10.68 Abandoned Vehicles

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 town 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 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 abandoned, wrecked, dismantled or inoperative vehicles or parts thereof on private or public property, 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. 778 § 1, 1993: Ord. 628 § 1 (part), 1975)

As used in this chapter, unless a different meaning is apparent from the context or specified elsewhere in the code, the following terms shall have the following meanings:

(1) The term "vehicle" means a device by which any person or property may be propelled, moved, or drawn upon a highway, excepting a device moved by human power or used exclusively upon stationary rails or tracks.

(2) The term "highway" means a way or place of whatever nature, publicly maintained and open to the use of the public for purpose of vehicular travel. Highway includes streets.

(3) The term "public property" includes "highway."

(4) The term "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.

(5) The term "owner of the vehicle" means the last registered owner and legal owner of record.

(Ord. 804 § 2 (part), 1996: Ord. 628 § 1 (part), 1975)

This chapter is not the exclusive regulation of abandoned, wrecked, dismantled or inoperative vehicles within the town. It shall supplement and be in addition to the other regulatory codes, statutes and ordinances heretofore or hereafter enacted by the town, the county, the state, or any other legal entity or agency having jurisdiction.

(Ord. 628 § 1 (part), 1975)

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 designated representatives 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.

(Ord. 628 § 1 (part), 1975)

When the town council has contracted with or granted a franchise or other permission to any person or persons for removal of vehicles, or parts thereof, 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.

(Ord. 628 § 1 (part), 1975)

The 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. 628 § 1 (part), 1975)

Except as otherwise may be permitted under Vehicle Code Section 22669, upon discovering the existence of an abandoned, wrecked, dismantled or inoperative vehicle, or parts thereof, on private property or public property within the town, any member of the town's police department shall have the authority to cause the abatement and removal thereof in accordance with the procedures set forth in Sections 10.68.090—10.68.140.

(Ord. 804 § 2 (part), 1996: Ord. 628 § 1 (part), 1975)

A ten-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 be substantially the following forms:

NOTICE OF INTENTION TO ABATE AND REMOVE AN ABANDONED, WRECKED, DISMANTLED, OR INOPERATIVE VEHICLE, OR PART 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 Title 10 of the 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 Title 10 of the Municipal Code.

You are hereby notified to abate said nuisance by the removal of said vehicle (or said parts of a vehicle) within ten 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 town 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 and if such a request is not received by the chief of police within such ten-day period, the chief of police or designated representative shall have the authority to abate and remove said vehicle (or said parts of a vehicle) as a public nuisance and assess the cost as aforesaid without a public hearing. You may submit a sworn written statement within such ten-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. 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 statement as aforesaid in time for consideration at such hearing.

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 Title 10 of the Municipal Code 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 Title 10 of the Municipal Code.

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

As registered (and/or legal) owner of record of said vehicle (or said parts of vehicle), you are hereby notified that you may, within ten days of the mailing of this notice of intention, request a public hearing, and if such a request is not received by the chief of police within such ten-day period, the chief of police shall have the authority to abate and remove said vehicle (or said parts of a vehicle) without a hearing.

(Ord. 628 § 1 (part), 1975)

Upon request by the owner of the vehicle or owner of the land 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 finance director 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 ten-day period, the 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 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 said ten days after mailing of the notice of intention to abate and remove, the town shall have the authority to abate and remove the vehicle, or parts thereof, as a public nuisance without holding a public hearing.

(Ord. 628 § 1 (part), 1975)

All hearings under this chapter shall be held before the finance director, who shall hear all facts and testimony he 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 such private property or public property. The finance director 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 his reason for such denial.

The finance director may impose such conditions and take such other action as he deems appropriate under the circumstances to carry out the purpose of this Municipal Code. He may delay the time for removal of the vehicle, or parts thereof, if in his opinion the circumstances justify it. At the conclusion of the hearing, the finance director may find that a vehicle, or parts thereof, has been abandoned, wrecked, dismantled or is inoperable 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 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 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 owner of the land and that subsequent permission has not been given, the finance director 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.

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 an interested party who makes written presentation to the finance director does not appear, the appropriate party shall be notified of the decision in writing.

(Ord. 628 § 1 (part), 1975)

Any interested party may appeal the decision of the finance director by filing a written notice of appeal with the finance director within five days after his decision.

Such appeal shall be heard by the town 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 to the appellant and those persons specified in Section 10.68.100 above.

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

(Ord. 628 § 1 (part), 1975)

Five days after the adoption of the order declaring the vehicle or parts thereof to be a public nuisance, or five days from the date of mailing of notice of the decision if such notice is required by Section 10.68.090, or fifteen days after such action of the town council 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; provided, however, that a vehicle which qualifies for either horseless carriage license plates or historical vehicle license plates pursuant to Section 5004 of the California Vehicle Code, may be reconstructed or made operable after being removed pursuant hereto.

(Ord. 778 § 2, 1993: Ord. 628 § 1 (part), 1975)

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. 628 § 1 (part), 1975)

(a) No person shall abandon a vehicle upon any highway. No person shall abandon a vehicle upon public or private property without the express or implied consent of the owner or person in lawful possession or control of the property. However, notwithstanding anything to the contrary stated hereinabove, whether or not the owner or person in lawful possession or control of real property consents to the abandonment of a vehicle thereon, such abandonment, if otherwise proscribed by this chapter, shall be unlawful and may be punished and/or abated pursuant to this chapter.

(b) Any person convicted of a violation of this section shall be punished by a fine of not less than one hundred dollars and shall provide proof that the costs of removal and disposition of the vehicle have been paid. No part of any fine imposed shall be suspended. The fine may be paid in installments, if the court determines that the defendant is unable to pay the entire amount in one payment. Proof that the costs of removal and disposition of the vehicle have been paid shall not be required if proof is provided to the court that the vehicle was stolen prior to abandonment. That proof may consist of a police report or other evidence acceptable to the court.

(c) The costs required to be paid for the removal and disposition of any vehicle determined to be abandoned pursuant to Section 22669 shall not exceed those for towing and seven days of storage. This subsection does not apply if the registered owner or legal owner has completed and returned to the lienholder a declaration of opposition form within the time specified in Section 22851.8.

(Ord. 778 § 4, 1993)

(a) The abandonment of any vehicle in a manner as provided in Section 10.68.150 shall constitute a prima facie presumption that the last registered owner of record is responsible for the abandonment and is thereby liable for the costs of removal and disposition of the vehicle.

(b) An owner who has made a bona fide sale or transfer of a vehicle and has delivered possession of the vehicle to a purchaser may overcome the presumption prescribed in subsection (a) above by demonstrating that he or she has complied with Vehicle Code Section 5900 or providing other proof satisfactory to the court.

(Ord. 778 § 5, 1993)

If the administrative costs and the cost of removal which are charged against the owner or a parcel of land pursuant to Section 10.68.090 are not paid within thirty days of the date of the order, or the final disposition of the appeal therefrom, such cost shall be assessed against the parcel of land pursuant to Sec. 38773.5 of the Government Code and shall be transmitted to the finance director for collection. The assessment shall have the same priority as other town taxes.

(Ord. 778 § 3, 1993; Ord. 628 § 1 (part), 1975)