Dorris Municipal Code Ch. 10.40 Abandoned Vehicles

Sections:

• 10.40.010
• Findings and declarations.
• 10.40.020
• Definitions.
• 10.40.030
• Abandonment prohibited.
• 10.40.040
• Failure to remove and
• abate prohibited.
• 10.40.050
• Administration and
• enforcement—Right of
• entry for inspection.
• 10.40.060
• Determination of
• administrative costs.
• 10.40.070
• Abatement and removal
• authority.
• 10.40.080
• Notice of intention to abate
• and remove.
• 10.40.090
• Public hearing.
• 10.40.100
• Removal of vehicle.
• 10.40.110
• Notice to Department of
• Motor Vehicles.
• 10.40.120
• Assessment of
• administrative costs.
• 10.40.130
• Exceptions.
• 10.40.140
• Chapter provisions not
• exclusive.

The accumulation and storage of aban- doned, 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 dete- rioration, 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 inoper- ative vehicle or parts thereof, on private or pub- lic 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 provi- sions of this chapter. (Ord. 164 § 1 (part), 1978)

As used in this chapter: “Highway” shall mean a way or place of whatever nature, publicly maintained and open to the use of the public for purposes of vehicu- lar travel. Highway includes street. “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 assess- ment roll. “Owner of the vehicle” means the last regis- tered owner and legal owner of record. “Public property” does not include highway. “Vehicle” means a device by which any per- son or property may be propelled, moved, or drawn upon a highway, except a device moved by human power or used exclusively upon sta- tionary rails or tracks. (Ord. 164 § 1 (part), 1978)

It is unlawful and a misdemeanor for any person to accumulate and store more than one abandoned, parked, stored, 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, dis- mantled or inoperative condition upon any pri- vate property or public property not including highways within the city unless such vehicle or parts thereof is completely enclosed within a building in a lawful manner where it is not plainly visible from the street or other public or

132/134 (Revised 8-11) private property, 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. A. Be advised that this is an infraction vio- lation and violators can be fined under the gen- eral provision penalty listed in Chapter 1.16 of the Dorris Municipal Code. (Ord. 164, 2004: Ord. 164 § 14, 1978)

prohibited. It is unlawful and a misdemeanor for any person to fail or refuse to remove an aban- doned, 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. 164 § 15, 1978)

enforcement—Right of entry for inspection. A. Except as otherwise provided herein, the provisions of this chapter shall be administered and enforced by the city council. In the enforce- ment of this chapter such city council and its regularly salaried full-time employees or other duly authorized persons may enter upon public or private 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. B. When the city council has contracted with or granted a franchise to any person or per- sons, such person or person shall be authorized to enter upon private property or public prop- erty to remove or cause the removal of a vehicle or parts thereof declared to be a nuisance pur- suant to this chapter. (Ord. 164 §§ 4, 5, 1978)

administrative costs. The city council shall from time to time determine and fix an amount to be assessed as administrative costs excluding the actual costs of removal of any vehicle or parts thereof under this chapter. (Ord. 164 § 6, 1978)

authority. Upon discovering the existence of an aban- doned, wrecked, dismantled or inoperative vehicle, or parts thereof on private property or public property within the city, the city council shall have the authority to cause the abatement and removal thereof in accordance with the procedure prescribed in this chapter. (Ord. 164 § 7, 1978)

and remove. A ten (10) day notice of intention to abate and remove the vehicle, or parts thereof, as a public nuisance shall be mailed by certified mail to the owner of the land and to the owner of the vehicle, unless the vehicle is in such con- dition that identification numbers are not avail- able 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 VEIDCLE OR PARTS THEREOF AS A PUBLIC NUISANCE [Name and address of owner of the land] As owner shown on the last equalized assessment roll of the land located at [ad- dress], you are hereby notified that the un- dersigned pursuant to Chapter 10.40 of the Dorris Municipal Code has determined that there exists upon said land an [or parts of an] abandoned, wrecked, dismantled or in- operative vehicle registered to ___ _ license number which con- stitutes a public nuisance pursuant to the provisions of Chapter 10.40 of the Dorris Municipal Code. You are hereby notified to abate said nuisance by the removal of said vehicle [or said parts of a vehicle] within I 0 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 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 lo- cated, you are hereby notified that you may, within 10 days after the mailing of this notice of intention, request a public hearing and if such a request is not re- ceived by the City Council within such 10- day period, the City Council shall have the 135 authority to abate and remove said vehicle [or said parts of a vehicle] as a public nui- sance and assess the costs as aforesaid without a public hearing. You may submit a sworn statement within such 10-day pe- riod denying responsibility for the pres- ence of said vehicle [or said parts of a ve- hicle] on said land, with your reason for denial, and such statement shall be con- strued as a request for a 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 consid- eration at such hearing. Notice Mailed:--------- (DATE) ~---------------------- (locally designated officer] NOTICE OF INTENTION TO ABATE AND REMOVE AN ABANDONED, WRECKED, DISMANTLED OR INOPERATIVE VEIDCLE 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 noti- fied that the undersigned pursuant to Chap- ter 10.40 of the Dorris 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 Chapter 10.40 of the Dorris Municipal Code. You are hereby notified to abate said nuisance by the removal of said vehicle [or parts of said vehicle] within 10 days from the date of the 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 and if such request is not received by the City Council within such 1 0-day pe- riod, the City Council shall have the au- thority to abate and remove said vehicle [or said parts of a vehicle] without a bear- ing. Notice Mailed: -------------------- (DATE) s! __________________________ _ (LOCALLY DESIGNATED OFFICER) (Ord. 164 § 8, 1978)

A. 1. Upon request by the owner of the vehicle or owner of the land received by the city council within ten (10) 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 inop- 136 erative 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. 2. If the owner of the land submits a sworn written statement denying responsibil- ity for the presence of the vehicle on his or her land within such ten (I 0) day period, such 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 certified mail, at least ten (1 0) 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 identifi- cation numbers are not available to determine ownership. If such a request for hearing is not received within ten (10) 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 pub- lic nuisance without holding a public hearing. B. 1. All hearings under this chapter shall be held before the city council which shall hear all facts and testimony on the condition of the vehicle or parts thereof and the circum- stances concerning its location on the private property or public property. The city council 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 or her reasons for such denial. 2. The city council may impose such conditions and take such other action as it deems appropriate under the circumstances to carry out the purpose of this chapter. It may delay the time for removal of the vehicle or

parts thereof if, in its opinion, the circum- stances justify it. At the conclusion of the public hearing the city council may find that a vehicle or parts thereof has been abandoned, wrecked, dismantled, or is inoperative on pri- vate or public property and order the same removed from the property as a public nui- sance and disposed of as hereafter provided and determine the administrative costs and the cost of removal to be charged against the owner of the land. The order requiring re- moval shall include a description of the vehi- cle or parts thereof and the correct identifica- tion number and license number of the vehi- cle, if available at the site. 3. 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 the owner has not subsequently acquiesced in its presence, the city council shall not assess the cost of administration or removal of the vehicle against the property upon which the vehicle is located or otherwise attempt to col- lect such costs from such owner of the land. 4. If the owner of the land submits a sworn written statement denying responsibil- ity for the presence of the vehicle on his or her land but does not appear, or if an inter- ested party makes a written presentation to the city council but does not appear, he or she shall be notified in writing of the decision. (Ord. 164 § 10, 1978)

Five days after adoption of the order de- claring the vehicle or parts thereof to be a public nuisance, five days from the date of mailing of notice of the decision if such no- tice is required by Section 1 0.04.090, or fif- teen (15) days after such action of the govern- -------------~~----· 137 ing body authorizing removal following ap- peal, the vehicle or parts thereof may be dis- posed of by removal to a site designated by the city council. After a vehicle has been re- moved it shall not thereafter be reconstructed or made operable, unless it is a vehicle that qualifies for either horseless carriage plates or historical vehicle license plates pursuant to Section 5004 of the Vehicle Code. (Ord. 164 § 11, 1978)

Motor Vehicles. 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 re- moved. At the same time there shall be transmitted to the Department of Motor Vehi- cles any evidence of registration available, including registration certificate, certificates of title and license plates. (Ord. 164 § 12, 1978)

costs. If the administrative costs and the costs of removal which are charged against the owner of a parcel of land pursuant to Section 10.04.090 are not paid within thirty (30) days of the date of the order, of the final disposi- tion of an appeal therefrom, such costs shall be assessed against the parcel of land pursu- ant to Section 38773.5 of the Government Code and shall be transmitted to the tax col- lector for collection. Such assessment shall have the same priority as other city taxes. (Ord. 164 § 13, 1978)

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A. This chapter shall not apply to:

1. A vehicle, or parts 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
2. A vehicle or parts . thereof, which is stored or parked in a lawful manner on pri- vate 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 law- fully conducted business or commercial en- terprise; or
3. A vehicle or parts thereof which is lo- cated behind a solid fence six feet in height or which is not plainly visible from a highway, or other public or private property. B. Nothing in this section shall authorize the maintenance of a public or private nui- sance 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. 164 § 2, 1978)

exclusive. This chapter is not the exclusive regulation of abandoned, wrecked, dismantled or inop- erative vehicles within the city. It shall sup- plement and be in addition to the other regu- latory codes, statutes, and ordinances hereto- fore or hereafter enacted by the city, the state, or any other legal entity or agency having jurisdiction. (Ord. 164 § 3, 1978) 138

Title 11 (Reserved) 139

140 (Revised 11-19)