Cupertino Municipal Code Ch. 11.04 Abandoned, Wrecked, Inoperative Vehicles

* For statutory provisions regarding the abatement and removal of abandoned vehicles, see Veh. Code § 22650 et seq.

In addition to and in accordance with the determination made and the authority granted under Vehicle Code Section 22660 to abate and remove abandoned, wrecked, dismantled or inoperative vehicles or parts thereof as public nuisances, the City Council finds that the accumulation and storage of abandoned, wrecked, dismantled or inoperative vehicles or parts on private or public property, not including highways, creates a condition tending to reduce the value of private property, promote blight and deterioration, invite plundering, create fire hazards and harbors for rodents and insects, constitute attractive nuisances creating a hazard to the health and safety of minors and to be injurious to the public’s health, safety and general welfare. Thus, the presence of an abandoned, wrecked, dismantled or inoperative vehicle or part on private or public property, except as expressly provided, is declared to constitute a public nuisance which may be abated and removed in accordance with the provisions of this chapter.

(Ord. 1672, § 2(A), 1995; Ord. 756, (part), 1976; Ord. 413, § 1, 1968)

A. “Abandoned vehicle” includes:

1. Any vehicle or part that is parked, stored or left on public or private property in such inoperable or neglected condition that the owner’s intention to relinquish all rights or interest in it may be reasonably concluded.

2. Any vehicle or part that is wrecked, dismantled or inoperative and that is parked, stored or left on public or private property, except as provided in Section 11.04.020 of this chapter.

B. “Cost of abatement” means all costs incurred in the abatement and removal of a vehicle or part including, but not limited to, hearing costs, staff costs, legal costs, overhead, administration, appeal costs, assessment confirmation hearing costs, towing and removal costs, and costs of storage and sale.

C. “Designated employee” means employees of the City whose duties include enforcement of this chapter.

D. “Dismantled vehicle” means any vehicle that is partially or wholly disassembled.

E. “Highway” means a road, street or other passage maintained and open to use by the public for purposes of vehicular travel.

F. “Inoperative vehicle” means any vehicle that cannot be moved under its own power.

G. “Officer” means a peace officer as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code, or any employee of the Sheriff’s Department or California Highway Patrol designated to enforce the provisions of this chapter.

H. “Owner of the land” means the owner of the land on which the vehicle or part is located as shown on the last equalized assessment roll.

I. “Owner of the vehicle” means the last registered owner and legal owner of record.

J. “Public property” does not include highways.

K. “Vehicle” means a device by which someone or something is carried or transported on a highway, except a device moved by human power or used exclusively on stationary rails or tracks. “Vehicle” includes the component parts of such device and applies to registered and unregistered vehicles.

L. “Wrecked vehicle” means any vehicle that is damaged to such an extent that it cannot be operated safely upon the highway.

(Ord. 1676, § 2(B), 1995)

No person shall commit or cause to be committed any of the following acts:

A. Abandon or permit the abandonment of a vehicle or part on private or public property.

B. Park, store, leave or permit the parking, storage or leaving of a vehicle or part on private or public property in such inoperative or neglected condition that it can be reasonably concluded that all rights or interests of the owner in such vehicle or part have been relinquished.

C. Park, store, leave or permit the parking, storing or leaving of any vehicle in a wrecked, dismantled or inoperative condition on private or public property.

(Ord. 1676, § 2(C), 1995)

This chapter shall not apply to:

A. A vehicle or part which is either completely enclosed within a building, or is situated within the backyard of any premises and screened in such a manner that it is not visible from the street or other public or private property.

B. A vehicle or part which is 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.

C. Nothing in this section shall authorize the maintenance of a public or private nuisance.

(Ord. 1676, § 2(D), 1995; Ord. 758, 1976; Ord. 413, § 2, 1968)

This chapter is not the exclusive regulation of abandoned, wrecked, dismantled or inoperative vehicles within the City; other state, county and local regulatory codes, statutes, and ordinances also apply.

(Ord. 1676, § 2(E), 1995; Ord. 413, § 3, 1968)

Any violation of this chapter is declared to be a public nuisance and subject to abatement and the imposition of a special assessment and lien to recover any costs of abatement in accordance with the procedures prescribed in this chapter.

(Ord. 1676, § 2(F), 1995)

A. The City Manager, his designated employees and any officer are responsible for enforcing the provisions of this chapter. Designated employees, pursuant to Penal Code Section 830.12, and any officer shall have the power to issue citations for any violation of this chapter and of Vehicle Code Section 22523. No person shall exercise the power to issue citations without first meeting the minimum training requirements of Penal Code Section 832(a). The City Manager shall administer the provisions of this chapter.

B. In the enforcement of this chapter, a designated employee or officer may enter private property, subject to warrant requirements under law, to examine a vehicle or part, to obtain information on the identity of a vehicle, or to remove or cause the removal of a vehicle or part pursuant to the provisions of this chapter.

C. Pursuant to authority under Government Code Section 22660, if a designated employee or officer has reasonable grounds to believe that a vehicle or part has been abandoned, or that a wrecked, dismantled or inoperative vehicle or part has been parked, stored or left on public or private property in violation of the provisions of this chapter, the designated employee or officer may abate and remove the vehicle or part as a public nuisance in accordance with the procedures prescribed in this chapter.

D. Pursuant to authority under Vehicle Code Section 22669, if a designated employee or officer has reasonable grounds to believe that a vehicle has been abandoned, as determined under Vehicle Code Section 22523, the designated employee or officer, without the express consent of the owner or person in lawful possession or control of the property, may remove the vehicle from public or private property.

(Ord. 1676, § 2(G), 1995; Ord. 413, § 4, 1968)

When the City Council has contracted with or granted a franchise to any person to carry out the purpose of this chapter, such person may remove a vehicle or part from private or public property, after determination by a designated employee or officer, that the vehicle or part is abandoned. Such person may enter upon private or public property, subject to warrant requirements under law, to remove or cause the removal of a vehicle or part pursuant to the provisions of this chapter.

(Ord. 1676, § 2(H), 1995; Ord. 413, § 5, 1968)

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 part thereof) under this chapter.

(Ord. 413, § 6, 1968)

A. The City shall give notice of intention to abate and remove a vehicle or part as a public nuisance not less than ten days before such abatement and removal. The notice of intention to abate and remove shall fulfill the requirements of this section and shall basically be in the following form:

NOTICE OF INTENTION TO ABATE AND REMOVE

[Name and address of Owner of the Land/Owner of the Vehicle]

As owner of the above-referenced [property/vehicle], you are hereby notified that the City of Cupertino has determined that an abandoned, wrecked, dismantled or inoperative vehicle or part, described as [vehicle make, model, license number] exists on the property located at . The maintenance of this vehicle or part constitutes a public nuisance in violation of Chapter 11.04 of the Cupertino Municipal Code.

You have 10 days from the date of this Notice to abate this nuisance by removing the vehicle or part described herein from the above-described property. If you do not abate this nuisance within the 10-day period, the City is authorized to do or cause to be done whatever work is necessary to abate the nuisance [and to assess the costs of abatement, together with administrative costs, against your property].

YOU ARE FURTHER NOTIFIED that you may request a public hearing within 10 days from the date of this Notice. If a written request for a public hearing is not received by the City Clerk with the 10-day period, the City is authorized to abate the public nuisance [and assess the costs of abatement] without a hearing. [If a public hearing is requested, you may appear in person or you may submit a sworn written statement in lieu of attendance.] Where the City has abated or caused the abatement of the vehicle, the vehicle shall be stored at a disposal yard for 15 days, after which if the vehicle is not claimed, it may be destroyed or dismantled and sold as scrap pursuant to Chapter 11.04 of the Cupertino Municipal Code.

B. Exception to Notice Requirement. A notice of intention to abate and remove is not required for removal of a vehicle or part which is inoperable due to the absence of a motor, transmission or wheels, incapable of being towed, and:

1. The vehicle or part is valued at less than two hundred dollars ($200) by a person specified in Vehicle Code Section 22855, or

2. The vehicle or part is determined to be a public nuisance presenting an immediate threat to public health or safety, or

3. The property owner and the owner of the vehicle have signed releases authorizing removal and waiving further interest in the vehicle or part, or

4. The inoperable vehicle is located upon a parcel that is (a) zoned for agricultural use, or (b) not improved with a residential structure.

C. The notice of intention to abate and remove shall contain a statement of the following:

1. That the vehicle or part has been declared a public nuisance;

2. The hearing rights of the owner of the vehicle or part and of the owner of the property;

3. Notice to the property owner that he/she may appear in person at a hearing or may submit a sworn written statement denying responsibility for the presence of the vehicle or part on the land, including reasons for such denial, in lieu of appearing; and

4. That a vehicle abated by the City may be dismantled or destroyed pursuant to Section 11.04.140.

D. Service. The notice of intention to abate and remove shall be mailed, by registered or 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 or part is in such condition that identification numbers are not available to determine ownership. The notice of intention to abate and remove may also be served in person by a designated employee. When personal service is utilized, the owner of the land or vehicle shall acknowledge service by signature.

E. Posting. If the vehicle or part to be abated is located on private property, the notice of intention to abate and remove shall be conspicuously posted on the property.

(Ord. 1676, § 2(J), 1995; Ord. 756, (part), 1976)

A. When requested in writing by the owner of the vehicle or the owner of the land within ten days after the date of the notice of intention to abate and remove, a public hearing shall be held before the City Council on whether the vehicle or part is abandoned, wrecked, dismantled or inoperative and constitutes a public nuisance under this chapter.

B. If the owner of the land submits a sworn written statement denying responsibility for the presence of the vehicle or part on the land within the ten-day period, that statement shall be construed as a request for a public hearing which does not require the presence of the owner of the land.

C. If a request for a public hearing is not received within the ten-day period, the designated employee or officer shall have authority to remove the vehicle or part in the manner provided by this chapter, and collect the costs of abatement as prescribed in Section 1.09.090 of this code or in any other manner allowed by law.

(Ord. 1676, § 2(K), 1995; Ord. 756, (part), 1976)

A. The hearing shall be conducted in accordance with the procedures set forth in Section 1.09.070B of this code.

B. The owner of the land may appear in person at the hearing or submit a sworn written statement denying responsibility for the presence of the vehicle on the land, with reasons for such denial.

C. At the conclusion of the hearing, the Council shall reverse, modify or affirm the determinations of the City Manager and make such orders and confirmation of costs as appropriate. The decision shall be in writing, contain findings of fact and be filed with the City Clerk within five working days from the conclusion of the hearing. Where a nuisance is declared, the decision shall contain a finding that the vehicle or part was “abandoned, wrecked, dismantled or inoperative” thereby constituting a public nuisance, include the basis for that finding and order the abatement and removal of the vehicle or part. A copy of the decision shall be sent to each party appearing at the hearing, and if no appearance was made by the appellant, to the address provided on the appeal. The decision of the Council shall be final when filed with the City Clerk.

D. If the Council determines that the vehicle or part was placed on the land without the consent of the owner of the land and that the landowner has not subsequently acquiesced in its presence, then the cost of abatement of the vehicle shall not be assessed against the land, nor shall any other attempt be made to collect such costs from the landowner.

(Ord. 1676, § 2(M), 1995; Ord. 1027, (part), 1980; Ord. 413, § 9, 1968)

If the Council finds a public nuisance, the owner of the vehicle or the owner of the land shall comply with the Council’s order to abate and remove within such period of time as may be prescribed, and in the absence of any prescribed time, within thirty days from the date of final determination.

(Ord. 1676, § 2(N), 1995)

Upon the failure or refusal to comply with the order to abate within the prescribed time period, the designated employee or officer shall abate and remove the vehicle or part. An account of the cost of abatement shall be kept for each separate assessor’s parcel involved in the abatement and shall be posted on the property in the manner prescribed in Section 1.09.090 of this code.

Where the City has accomplished the abatement, or has paid for the abatement work, the actual cost thereof, together with an administrative cost, including reasonable attorneys’ fees, shall be charged to the owner of the property. The combined amounts shall be included in a bill and sent by mail to the owner for payment, if not previously paid. The bill shall apprise the owner that failure to pay the bill within fifteen days from the date of mailing may result in a lien upon the property.

If the bill is not paid within the fifteen-day period, the City shall collect the costs of abatement as prescribed in Sections 1.09.090 of this code or in any other manner allowed by law.

(Ord. 1676, § 2(O), 1995)

Written notice shall be given to the Department of Motor Vehicles within five days after the date of removal. The notice shall identify the vehicle or part and any known evidence of registration.

(Ord. 1676, § 2(P), 1995; Ord. 413, § 10, 1968)

Prior to final disposition under Section 11.04.120 of a vehicle or part removed without notice pursuant to Section 11.04.062B, notice of intent to dispose of the vehicle or part shall be mailed to the registered and legal owners of the vehicle or part. The notice shall include the location where the vehicle may be claimed, the date before which the claim must be made and the City’s authority for removal of the vehicle. If the vehicle or part is not claimed and removed within fifteen calendar days after notice is mailed, from a location specified in Section 11.04.120, final disposition under Section 11.04.140 may proceed.

(Ord. 1676, § 2(Q), 1995; Ord. 1027, (part), 1980; Ord. 756, (part), 1976; Ord. 413, § 11, 1968)

Any vehicle or part removed pursuant to this chapter may be disposed of by removal to a scrapyard, licensed automobile dismantler’s yard, garage or other place of safety where the vehicle shall be stored consistent with Section 11.04.130.

(Ord. 1676, § 2(R), 1995; Ord. 1027, (part), 1980)

After a vehicle has been removed it shall not be reconstructed or made operable, except 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.

(Ord. 1676, § 2(S), 1995; Ord. 1027, (part), 1980)

Whenever a vehicle has been removed to a disposal yard under Section 11.04.120, the vehicle shall be stored for a minimum of fifteen days. If the vehicle is not claimed by the owner within the fifteen days, the vehicle may be destroyed or dismantled and the parts may be sold as scrap. Any proceeds realized by the City from disposal of the vehicle shall be used to defray costs incurred under this chapter.

(Ord. 1676, § 2(T), 1995; Ord. 1027, (part), 1980)

Upon entry of a second or subsequent civil or criminal judgment against a property owner within a two-year period for violations of this chapter, a court may order the owner to pay treble the costs of the abatement.

(Ord. 1676, § 2(U), 1995; Ord. 1027, (part), 1980; Ord. 590, § 1 (part), 1973; Ord. 413, § 12, 1968)

It is unlawful and an infraction 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 chapter or state law where such state law is applicable, and upon conviction of such infraction, shall be punished as provided in Chapter 1.12.

(Ord. 1027, (part), 1980; Ord. 413, § 14, 1968)