Delano Municipal Code Ch. 10.40 Abandoned Vehicles

Footnotes:

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Prior ordinance history: Ords. 1011 and 1121.

To establish procedures for the abatement of abandoned vehicles within the City of Delano.

(Ord. 2008-1175 § 1(part), 2008).

In addition to and in accordance with the determination made and the authority granted by the state 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 thereon 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 hereinafter permitted, is declared to constitute a public nuisance which may be abated as such in accordance with the provisions of this chapter.

(Ord. 2008-1175 § 1(part), 2008).

This chapter shall not apply to:

A. A vehicle, or part thereof, which is completely enclosed within a building in a lawful manner where it is not visible from the street or other public or private property; or

B. A vehicle, or part thereof, 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 or commercial enterprise.

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. 2008-1175 § 1(part), 2008).

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. 2008-1175 § 1(part), 2008).

Except as otherwise provided in this chapter, the provisions of this chapter shall be administered and enforced by the chief of police, his designee, and/or the city's code enforcement officer or anyone else designated as vehicle abatement officer by the city manager, his designee, (hereinafter collectively known as vehicle abatement officers). In the enforcement of this chapter such vehicle abatement officers and/or their designees may enter upon private or public property to examine a vehicle or part 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. 2008-1175 § 1(part), 2008).

When the city council has contracted with or granted a franchise to any person or persons to remove vehicles pursuant to this chapter, 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. 2008-1175 § 1(part), 2008).

The city council shall from time to time determine and fix an amount to be assessed as administration costs (excluding the actual cost of removal of any vehicle or parts thereof) under this chapter. This assessment of administrative costs shall be in accordance with Section 10.10.020 of Chapter 10.10.

(Ord. 2008-1175 § 1(part), 2008).

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 vehicle abatement officers shall have the authority to cause the abatement and removal thereof in accordance with the procedure prescribed in this chapter.

(Ord. 2008-1175 § 1(part), 2008).

It shall be a violation of this chapter for any person, other than emergency response officials, to leave any vehicle unattended upon any highway, roadway, public lands, city property, or other lands open to the public, with the engine running, for a period of time not to exceed twenty minutes. In addition to the penalties listed in Section 10.10.020 of Chapter 10.10, the vehicle may be towed by the police department in any case where a public safety hazard has been determined to exist as a result of a violation of this section. Any costs associated with the removal of any vehicle towed under this section shall be the responsibility of the registered owner. For the purposes of this section, a public safety hazard may include, but not limited to, community caretaking issues, to deter vehicle from possible auto-theft, fear of possible fire due to overheating of the engine or other vehicle components, or where there is a potential for unforeseen hazards associated with the vehicle, real or perceived.

(Ord. 2008-1175 § 1(part), 2008).

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 in substantially the following forms:

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 Chapter 10.40 of the Delano Municipal Code has determined that there exists upon said land and (or parts thereof an) abandoned, wrecked, dismantled or inoperative vehicle registered to _______ _______, license number _______, which constitutes a public nuisance pursuant to the provisions of Chapter 10.40 of the Delano Municipal Code.

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 and the costs thereof, together with administrative costs, assessed to you as owner of the land on which said vehicle (or 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 10 days after the mailing of this notice of intention, request a hearing and if such a request is not received by the Chief of Police within such 10-day period, the Vehicle Abatement Officer 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 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. 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.

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 Chapter 10.40 of the Delano Municipal Code as 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 Chapter 10.40 of the Delano Municipal Code.

You are hereby notified at abate said nuisance by the removal of said vehicle (or 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 hearing and if such a request is not received by the Chief of Police within such 10-day period, the Vehicle Abatement Officer shall have the authority to abate and remove said vehicle (or said parts of a vehicle) without hearing.

The above notice of intention to abate is not required for removal of a vehicle or parts thereof which is inoperable due to the absence of a motor, transmission or wheels and incapable of being towed, is valued at less than two hundred dollars by a person specified in Vehicle Code Section 22855, and is determined by the city to be a public nuisance presenting an immediate threat to public health or safety; provided, that the property owner has signed a release authorizing removal and waiving further interest in the vehicle or part thereof.

(Ord. 2008-1175 § 1(part), 2008).

Upon written request by the owner of the vehicle or owner of the land received by the chief of police within ten days as set forth in the notice of intention to abate and remove, a hearing shall be noticed and held by the chief of police on the question of abatement and removal of the vehicle or parts thereof as an abandoned, wrecked, dismantled or inoperative costs and the cost of removal of the vehicle or parts thereof against the property on which it is located.

(Ord. 2008-1175 § 1(part), 2008).

If the owner of the land submits a sworn written statement denying responsibility for the presence of the vehicle on his land within the ten-day period as set forth in the notice of intent to abate, 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 or certified 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 the 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. 2008-1175 § 1(part), 2008).

All hearing except appeal hearings under this chapter shall be held before the chief of police and or his designee 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 the private property or public property. The chief of police 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 reasons for such denial.

(Ord. 2008-1175 § 1(part), 2008).

The chief of police may impose such conditions and take such other action as he deems appropriate under the circumstances to carry out the purpose of this chapter. He may delay the time for removal of the vehicle or parts thereof if, in its opinion, the circumstances justify it. At the conclusion of the hearing, the chief of police 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 removed from the property as a public nuisance and disposed of as hereinafter provided 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. 2008-1175 § 1(part), 2008).

If it is determined at the hearing that the vehicle was placed on the land without consent of the owner of the land and that he has not subsequently acquiesced in its presence, the chief of police 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.

(Ord. 2008-1175 § 1(part), 2008).

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 makes a written presentation to the chief of police or his designee but does not appear, he shall be notified in writing of the decision.

(Ord. 2008-1175 § 1(part), 2008).

A. Any interested party may appeal the decision of the chief of police by filing a written notice of appeal with the city manager within five days after his decision.

B. Such appeal shall be heard by the city manager or his designee who may affirm, amend or reverse the order or take other action deemed appropriate.

C. The clerk shall give written notice of the time and place of the hearing to the appellant and those persons specified in Section 10.40.100.

D. In conducting the hearing the city manager or his designee shall not be limited by the technical rules of evidence.

(Ord. 2008-1175 § 1(part), 2008).

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 decision if such notice is required by Section 10.40.160, or fifteen days after such action of the city manager authorizing removal following appeal, the vehicle or parts thereof may be disposed of my removal to a scrap yard or automobile dismantler's yard. After a vehicle has been removed it shall not thereafter be reconstructed or made operable unless it is a vehicle which qualifies for either horseless carriage license plates or historical vehicle license plates pursuant to Section 5004 of the California Vehicle Code, in which case the vehicle may be reconstructed as operable.

(Ord. 2008-1175 § 1(part), 2008).

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 places.

(Ord. 2008-1175 § 1(part), 2008).

If the administrative costs and the cost of removal which are charged against the owner of a parcel of land pursuant to Section 10.40.140 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. 2008-1175 § 1(part), 2008).

Upon discovering a motor vehicle parked, resting or otherwise immobilized on any highway or public right-of-way which lacks an engine, transmission, wheels, tires, doors, windshield or other equipment necessary to operate safely, it may be removed immediately in accordance with Vehicle Code, Section 22669 as it exists at the time of enactment of this section or as such code section may be hereinafter amended or renumbered.

(Ord. 2008-1175 § 1(part), 2008).

It is unlawful and a misdemeanor (as set forth in Chapter 1.16 of this Code) for any person to abandon, store, leave or permit the abandonment, storing or leaving of any licensed or unlicensed vehicle or parts thereof which is abandoned, wrecked, dismantled or inoperative upon any private property or public property, including highways, within the city for a period in excess of seventy-two or more consecutive hours unless such vehicle or parts thereof is either: (1) completely enclosed within a building in a lawful manner where it is not plainly visible from the street or other public or private property; (2) placed, stored, or parked in the rear yard of private property; (3) placed, stored, or parked in a lawful manner on private property in connection with the business of a licensed dismantler or licensed vehicle dealer or a junkyard.

(Ord. 2008-1175 § 1(part), 2008).

It is unlawful and a misdemeanor (as set forth in Chapter 1.16 of this Code) for any person to fail or refuse to remove an abandoned, wrecked, dismantled or inoperative vehicle or parts 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.

(Ord. 2008-1175 § 1(part), 2008).