East Palo Alto Municipal Code Ch. 10.28 Abandoned Vehicles

In addition to and in accordance with the determination made and the authority granted by the state pursuant to Section 22660 of the Vehicle Code to remove abandoned, wrecked, dismantled or inoperative vehicles or vehicle parts as public nuisances, the city council makes the following findings and declarations:

A. The accumulation and storage of abandoned, wrecked, dismantled or inoperative vehicles or vehicle parts on private or public property 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.

B. The presence of an abandoned, wrecked, dismantled or inoperative vehicle, or parts thereof, on private or public property, except as expressly permitted, is declared to constitute a public nuisance which may be abated as such in accordance with the provisions of this chapter.

(Ord. 153 § 1 (part), 1993)

As used in this chapter, the following words and phrases shall have the meanings respectively set forth below:

"Abandoned vehicle" means a vehicle left on a highway, public property or private property in such inoperable or neglected condition that the owner's intention to relinquish all further rights or interests in it may reasonably be concluded. In reaching a reasonable conclusion, consideration shall be given to the amount of time the vehicle has remained without being moved, the condition of the vehicle, and any statements made by the owner of the vehicle, or the owner of the land on which the vehicle is located, or other persons having any knowledge of the circumstances.

"Dismantled vehicle" means a vehicle that is partially or wholly disassembled.

"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 street.

"Inoperative vehicle" means a vehicle which is not capable of being operated, or permitted to be operated, on the public streets and highways because of mechanical deficiencies or lack of current valid vehicle registration or license documents.

"Owner of the land" means the owner of the land on which the vehicle, or parts thereof, is located, as shown by the latest equalized assessment roll available to the city.

"Owner of the vehicle" means the person registered by the Department of Motor Vehicles as the owner of a vehicle.

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

"Wrecked vehicle" means a vehicle that is damaged to such an extent that it cannot be operated upon a highway.

(Ord. 153 § 1 (part), 1993)

A. The provisions of this chapter shall not apply to:

1. A vehicle, or parts thereof, which is completely enclosed within a building in a lawful manner where the vehicle 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 private property in connection with the business of a licensed dismantler, licensed vehicle dealer, or junk dealer or when such storage or parking is necessary to the operation of a lawfully conducted business or commercial enterprise.

B. The provisions of this section shall not 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. 153 § 1 (part), 1993)

The provisions of this chapter shall not be the exclusive regulation of abandoned, wrecked, dismantled or inoperative vehicles within the city. The provisions of this chapter shall supplement and be in addition to any other regulatory codes, statutes and laws heretofore or hereafter enacted by the city, the state or any other legal entity or agency having jurisdiction.

(Ord. 153 § 1 (part), 1993)

Notwithstanding any other provisions of this chapter, any vehicle which is parked, resting, or otherwise immobilized on any highway or public right-of-way and which lacks an engine, transmission, wheels, tires, doors, windshield, or any other part or equipment necessary to operate safely on the highways, is declared a hazard to public health, safety and welfare. Pursuant to the authority granted by Section 22669(d) of the Vehicle Code, such vehicle may be removed immediately upon discovery by a police or code enforcement officer or any other person authorized to enforce this chapter.

(Ord. 153 § 1 (part), 1993)

The chief of police and all police officers and code enforcement officers of the city, together with the city manager, the city planning director, and the city public works director, and their respective authorized representatives, shall have authority to enforce the provisions of this chapter.

(Ord. 153 § 1 (part), 1993)

All persons having authority to enforce this chapter, as described in Section 10.28.060, and any person acting pursuant to a contract or franchise granted by the city council, may enter upon private or public property to examine a vehicle, or parts thereof, or to obtain information as to the identity of a vehicle owner and to cause the removal of a vehicle, or parts thereof, declared to be a nuisance pursuant to this chapter.

(Ord. 153 § 1 (part), 1993)

The city council shall from time to time establish by resolution an amount to be assessed as administrative costs, excluding the actual cost of the removal of any vehicle, or parts thereof, for the purposes of administering the provisions of this chapter.

(Ord. 153 § 1 (part), 1993)

Upon discovering the existence of an abandoned, wrecked, dismantled or inoperative vehicle, or parts thereof, on private or public property within the city, any person having authority to enforce this chapter may cause the abatement and removal thereof in accordance with the procedure set forth in this chapter.

(Ord. 153 § 1 (part), 1993)

A ten day notice of intention to abate and remove a 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 condition that identification numbers are not available to determine ownership. Such notices of intention shall be in substantially the following forms:

A. Notice to the owner of the land:

NOTICE OF INTENTION TO ABATE AND REMOVE AN ABANDONED, WRECKED, DISMANTLED, OR INOPERATIVE VEHICLE, OR PARTS THEREOF, AS A PUBLIC NUISANCE

TO: _____ (Name and address of the owner of the land)

As owner shown on the last equalized assessment roll of the land located at _______ you are hereby notified that the undersigned, pursuant to the provisions of Sections 10.28.010—10.28.160 of the East Palo Alto Municipal Code, has determined that there exists upon said land an abandoned, wrecked, dismantled, or inoperative vehicle or parts thereof registered to _______, license number _______, which constitutes a public nuisance.

You are hereby notified to abate said nuisance by the removal of said vehicle (or said parts of a vehicle) within ten (10) days after the date of the mailing of this notice, and, upon your failure to do so, the same will be abated and removed by the City of East Palo Alto and the costs thereof, together with administrative costs, shall be 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 (10) 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 of the City of East Palo Alto within such ten (10) day period, the said Chief of Police 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 ten (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 a hearing at which your presence is not required. You may appear in person at any hearing requested by you or by the owner of the vehicle or, in lieu thereof, you may present a sworn written statement as aforesaid in time for consideration at such hearing.

Notice mailed:________ (date) _____ (Title of City Official sending the notice)

B. Notice to the owner of the vehicle:

NOTICE OF INTENTION TO ABATE AND REMOVE AN ABANDONED, WRECKED, DISMANTLED, OR INOPERATIVE VEHICLE, OR PARTS THEREOF, AS A PUBLIC NUISANCE

TO: _____ (Name and address of the owner of the vehicle—notice should be given to both if different)

As last registered (and/or legal) owner of record of the following described vehicle:

Make: _____

Model: _____

License No.: _____

you are hereby notified that the undersigned, pursuant to the provisions of Sections 10.28.010—10.28.160 of the East Palo Alto Municipal Code, has determined that said vehicle (or parts of a vehicle) exists as an abandoned, wrecked, dismantled, or inoperative vehicle at the following address: ___________ and constitutes a public nuisance.

You are hereby notified to abate said nuisance by the removal of said vehicle (or said parts of a vehicle) within ten (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 ten (10) 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 of the City of East Palo Alto within such ten (10) day period, said Chief of Police shall have the authority to abate and remove said vehicle (or said parts of a vehicle) without a public hearing.

Notice mailed:________ (date) _____ (Title of City Official sending the notice)

(Ord. 153 § 1 (part), 1993)

A. If a request for a hearing is made by the owner of the vehicle or the owner of the land within ten days after mailing the notices of intention to abate and remove, a public hearing shall be held by the city manager, or his duly authorized representative (hereinafter referred to as the hearing officer) on the question of the 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 costs of the removal of the vehicle, or parts thereof, against the property on which the vehicle, or parts thereof, is located.

B. If the owner of the land submits a sworn written statement within such ten day period denying responsibility for the presence of the vehicle on the owner's land, such statement shall be construed as a request for a hearing which does not require the owner's presence. Notice of the hearing shall be mailed 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.

C. If no request for a hearing or sworn statement is received within ten days after the 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. 153 § 1 (part), 1993)

A. All hearings requested by the owners of the vehicles or the owners of the land, as set forth in Sections 10.28.100 and 10.28.110, shall be held before the hearing officer, who shall hear all facts and testimony he or she deems pertinent. Such facts and testimony may include testimony on the condition of the vehicle, or parts thereof, and the circumstances concerning its location on private or public property. The hearing officer 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 the owner's reasons for such denial.

B. The hearing officer may impose such conditions and take such other action as he or she deems appropriate under the circumstances to carry out the purposes of this chapter. The hearing officer may delay the time for the removal of the vehicle, or parts thereof, if the hearing officer determines that such delay is justified by the circumstances. At the conclusion of the public hearing, the hearing officer 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 provided in this chapter. 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. The order shall provide for a determination of the administrative costs and the costs of removal to be charged against the land on which the vehicle, or parts thereof, was located.

C. 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 such owner has not subsequently consented to the presence of the vehicle on the land, the hearing officer 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.

D. If the owner of the land submits a sworn written statement denying responsibility for the presence of the vehicle on the land but does not appear at the hearing, such owner shall be notified in writing of the decision.

(Ord. 153 § 1 (part), 1993)

A. Any interested person may appeal the decision of the hearing officer to the city council by filing a written notice of appeal with the city clerk within seven days after the date on which the decision is rendered. The notice shall set forth the grounds for the appeal and shall be accompanied by the payment of an appeal fee in such amount as may be established from time to time by resolution of the city council.

B. Upon receipt of the notice of appeal and the appeal fee, the city clerk shall set the matter for a public hearing by the city council at the earliest convenient date and shall mail a written notice of the time and place of such hearing to the appellant and to those persons specified in Section 10.28.100.

C. The city council may affirm, modify or reverse the decision of the hearing officer, and may refer the matter back to the hearing officer for such further action or proceedings as may be directed by the city council.

(Ord. 153 § 1 (part), 1993)

After the expiration of eleven (11) days from mailing the notice of intention to abate a public nuisance, if no hearing is requested, or the expiration of eight days from the date on which the decision of the hearing officer is rendered, if no appeal from such decision is filed, or upon issuance of an abatement order by the city council on appeal, the vehicle, or parts thereof, may be disposed of by 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 Vehicle Code.

(Ord. 153 § 1 (part), 1993)

A. Within five days after the date of removal of the vehicle, or parts thereof, notice shall be given to the Department of Motor Vehicles of the state 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.

B. If the estimated value of the vehicle is less than three hundred dollars ($300.00), immediately after removal of the vehicle, the city or other public agency which removed, or caused removal of the vehicle shall notify the Stolen Vehicle System of the Department of Justice in Sacramento of the removal.

(Ord. 153 § 1 (part), 1993)

It the administrative costs and the costs of removal are not paid within thirty (30) days after the date such costs are charged against the owner of the land pursuant to the provisions of this chapter, such costs shall be assessed against the parcel of land in accordance with the provisions of Section 38773.5 of the Government Code and shall be transmitted to the county tax collector for collection. Such assessment shall have the same priority as other city taxes.

(Ord. 153 § 1 (part), 1993)