Dunsmuir Municipal Code Ch. 10.20 Abandoned Vehicles

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 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 part hereof, 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.

(Prior code § 20A-1; Ord. No. 549, § 1, 7-30-2015)

For the purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section:

"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 streets.

"Owner of the land" means the owner of the land on which the vehicle, or parts thereof, is located, is as shown on the last equalized assessment roll.

"Owner of the vehicle" means the last registered owner and legal owner of record.

Public Property. Such term does not include "highway."

"Vehicle" means a device by which any person or property may be propelled, moved or drawn upon a highway, except a device moved by human power or used exclusively upon stationary rails or tracks.

(Prior code § 20A-2; Ord. No. 549, § 1, 7-30-2015)

A. This chapter shall not apply to:

1. 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

2. 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 for 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 of the state.

(Prior code § 20A-3; Ord. No. 549, § 1, 7-30-2015)

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.

(Prior code § 20A-4; Ord. No. 549, § 1, 7-30-2015)

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 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 part thereof declared to be a nuisance pursuant to this chapter, if the owner of the property consents, or if a search warrant is first duly obtained.

(Prior code § 20A-5; Ord. No. 549, § 1, 7-30-2015)

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.

(Prior code § 20A-6; Ord. No. 549, § 1, 7-30-2015)

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. Such administrative costs are fixed in the sum of ten dollars ($10.00) per vehicle. The amount of such administrative costs may be amended by the city council by resolution.

(Prior code § 20A-7; Ord. No. 549, § 1, 7-30-2015)

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

(Prior code § 20A-8; Ord. No. 549, § 1, 7-30-2015)

A ten (10) day notice of intention to abate and remove the vehicle, or parts of, 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 the 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 10.20 of the Code of the City of Dunsmuir, has determined that there exists upon said land an (or part of an) abandoned, wrecked, dismantled or inoperative vehicle registered to _______, License number_____, which constitutes a public nuisance pursuant to the provision of Chapter 10.20 Code of the City of Dunsmuir.

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 the 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 part 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 public hearing and if such a request is not received by the City Council within such 10 day period, the Chief of Police shall have the authority to abate and remove 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 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 Mailed ________ Date /s/________ Chief of Police

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 land 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 10.20 of the Code of the City of Dunsmuir, had 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 10.20 Code of the City of Dunsmuir.

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.

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 a request is not made, the city has the authority to abate said vehicle (or said parts of vehicle) without a hearing.

Notice Mailed ________ Date /s/________ Chief of Police

(Prior code § 20A-9; Ord. No. 549, § 1, 7-30-2015)

A. Upon request by the owner of the vehicle or owner of the land, received by the chief of police within ten (10) days after the mailing of the notice 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 hereof as an abandoned, wrecked, dismantled or inoperative vehicle, and the assessment of the administrative costs of removal of the vehicle or parts thereof against the property on which it is located.

B. If the owner of the land submits a sworn written statement denying responsibility for the presence of the vehicle on his land within such a ten (10) day period, said 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 (10) 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 (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 public nuisance without holding a public hearing.

C. All hearings under this chapter shall be held before the city council which shall hear facts and testimony it deems pertinent. Said 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 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 reasons for such denial.

D. 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 of this code. It 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 public hearing, the city council 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.

E. 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 he 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 collect such costs from such owner of the land.

F. 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 city council but does not appear, he shall be notified in writing of the decision.

G. Any interested party may appeal the decision of the city council by filing a written notice of appeal with the said city council within five days after its decision.

H. Such appeal shall be heard by the city council which may affirm, amend or reverse the order to take other action deemed appropriate.

I. The clerk shall give written notice of the time and place of the hearing to the appellant and those persons specified in Section 10.20.090.

J. In conducting the hearing, the city council shall not be limited by the technical rules of evidence.

(Prior code § 20A-10; Ord. No. 549, § 1, 7-30-2015)

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 the decision if such notice is required by Section 10.20.100 or fifteen (15) days after such action of the governing body authorizing removal following appeal, the vehicle or parts thereof may be disposed of by removal to a scrap yard or automobile dismantler's yard. If the city determines that commercial channels of disposition are not available or are inadequate, it may dispose of the vehicle by removal to any suitable site operated by it. The city may make final disposition of such vehicles or parts thereof or may transfer such vehicle or parts to another, provided such disposal is only for scrap. After a vehicle has been removed it shall not thereafter be reconstructed or made operable.

(Prior code § 20A-11; Ord. No. 549, § 1, 7-30-2015)

Within five days after the date of removal of the vehicle or part thereof, notice shall be given to the Department of Motor Vehicles identifying the vehicle or part thereof removed. At the same time there shall be transmitted to the Department of Motor Vehicles any evidence of registration available, including but not limited to, registration certificates, certificates of title and license plates.

(Prior code § 20A-12; Ord. No. 549, § 1, 7-30-2015)

If the administrative costs and the costs of removal which are charged against the owner of a parcel of land pursuant to Section 10.20.100 are not paid within thirty (30) 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. Such assessment shall have the same priority as other city taxes.

(Prior code § 20A-13; Ord. No. 549, § 1, 7-30-2015)