Chapter 10.04 — ABANDONED VEHICLES

State Law reference— Removal of parked and abandoned vehicles generally, Vehicle Code § 22650 et seq.; authority of city to abate and remove abandoned, wrecked, dismantled, or inoperative vehicles from private or public property, Vehicle Code § 22660.

The accumulation and storage of abandoned, wrecked, dismantled, or inoperative vehicles or parts thereof 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. Therefore, the presence of an abandoned, wrecked, dismantled or inoperative vehicle or part thereof, on private or public property, 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. No. 2011-04, §§ 1, 2, 1-26-2011)

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Highway means a way or place of whatever nature, publicly maintained and open to the use of the public for purposes of vehicular travel. The term "highway" includes street.

Public property includes highways.

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.

(Ord. No. 2011-04, §§ 1, 2, 1-26-2011)

(a)

This chapter shall not apply to a vehicle or part thereof which is:

(1)

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)

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.

(b)

Nothing in this section shall authorize the maintenance of a public or private nuisance as defined under provisions of law other than Vehicle Code § 22650 and this chapter.

(Ord. No. 2011-04, §§ 1, 2, 1-26-2011)

This chapter is not the exclusive regulation of abandoned, wrecked, dismantled or inoperative vehicles within the incorporated area of 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. No. 2011-04, §§ 1, 2, 1-26-2011)

Except as otherwise provided herein, the provisions of this chapter shall be administered and enforced by the city manager or his or her designee.

(Ord. No. 2011-04, §§ 1, 2, 1-26-2011; Ord. No. 2020-01, § 3, 2-26-2020)

When the city council or appropriate officer of the city has contracted with or granted a franchise to any person or persons to remove or cause the removal of a vehicle or parts thereof declared to be a nuisance, 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. No. 2011-04, §§ 1, 2, 1-26-2011)

(a)

A notice of intention to abate and remove the vehicle or part thereof as a public nuisance 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 unless the property owner and the owner of the vehicle have signed releases authorizing removal and waiving further interest in the vehicle or part thereof. The notice shall contain a statement of hearing rights of the owner of the property on which the vehicle is located and of the owner of the vehicle. The statement shall include notice to the property owner that he may appear in person at a hearing or may submit a sworn written statement denying responsibility for the presence of the vehicle on the land, with his reasons for such denial, in lieu of appearing. A notice of intention to abate shall not be required if:

(1)

The property owner and the owner of the vehicle have signed releases authorizing removal and waiving further interest in the vehicle or part thereof; or

(2)

All the following conditions are satisfied:

a.

The vehicle or part thereof is inoperable due to the absence of a motor, transmission, or wheels and is incapable of being towed;

b.

The vehicle or part thereof is valued at less than $200.00 by the code enforcement director or his designee;

c.

The code enforcement department has determined that the vehicle or part thereof is a public nuisance presenting an immediate threat to public health or safety;

d.

The property owner has signed a release authorizing the removal and waiving further interest in the vehicle or part thereof; and

e.

The vehicle is located upon a parcel that is either zoned for agricultural use or is not improved with a residential structure containing one or more dwelling units.

(b)

If a vehicle is removed pursuant to subsection (a)(2) of this section, prior to final disposition, the registered or legal owner shall be notified of the intent to dispose of the vehicle or part thereof. If the vehicle or part thereof is not claimed and removed from the scrapyard, automobile dismantler's yard or public disposal area within 12 days after the notice to dispose of vehicle is mailed, final disposition may proceed.

(Ord. No. 2011-04, §§ 1, 2, 1-26-2011)

Upon a timely request by the owner of the property on which the vehicle is located or the owner of the vehicle, a public hearing shall be held on the question of abatement and removal of the vehicle or part thereof as an abandoned, wrecked, dismantled, or inoperative vehicle and the assessment of the administrative costs, including attorney fees, and the cost of removal of the vehicle or part thereof against the property on which it is located. This request shall be made in writing to the code enforcement department within ten days after the mailing of the notice of intention to abate and remove the vehicle or at the time of signing a release authorizing the removal and waiving further interest in the vehicle or part thereof. If the owner of the property on which the vehicle is located submits a sworn statement denying responsibility for the presence of the vehicle on his land within such time period, this statement shall be construed as a request for hearing which does not require the presence of the property owner. If the request for a hearing is not received within such period, the code enforcement department, its employees or designees shall have the authority to remove or cause the removal of the vehicle.

(Ord. No. 2011-04, §§ 1, 2, 1-26-2011)

(a)

All hearings under this chapter shall be held before the city manager or his or her designee as a hearing officer, who shall hear all relevant facts and testimony. The facts and testimony may include evidence on the condition of the vehicle or part 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 vehicle or the owner of the land on which the vehicle is located may appear in person at the hearing or present a 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.

(b)

The hearing officer 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 part thereof if, in his opinion, the circumstances justify it. At the conclusion of the public hearing, the hearing officer may find and order the same recovered from the property as a public nuisance and disposed of hereinafter provided and determine the administrative costs, including attorney fees, and the cost of removal charged against the owner of the parcel of land on which the vehicle or part thereof is located. The order requiring removal shall include a description of the vehicle or part thereof and the correct identification number and license number of the vehicle, if available at the site.

(c)

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

(d)

Where there is no parcel of land against which costs shall be assessed because the vehicle was abandoned on public property, administrative costs, including attorney fees, and the costs of removal shall be sought from the abandoned vehicle abatement service authority program.

(e)

If an interested party makes a written representation to the hearing officer but does not appear, he shall be notified in writing of the decision.

(Ord. No. 2011-04, §§ 1, 2, 1-26-2011; Ord. No. 2020-01, § 3, 2-26-2020)

(a)

Any interested party may appeal the decision of the hearing officer by filing a written notice of appeal with the hearing officer within five days after his decision.

(b)

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

(c)

The city clerk shall give written notice of the time and place of the hearing to the appellant and those persons specified in section 10.04.070.

(d)

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

(Ord. No. 2011-04, §§ 1, 2, 1-26-2011)

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 10.04.100, or 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 scrapyard of automobile dismantler's yard. If such commercial channels are not available or are inadequate, the vehicle or parts may be disposed of at any public disposal area which will accept the same. 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 license plates, pursuant to Vehicle Code § 5004, in which case the vehicle may be reconstructed or made operable.

(Ord. No. 2011-04, §§ 1, 2, 1-26-2011)

No local agency or contractor thereof shall be liable for damage caused to a vehicle or part thereof by removal pursuant to Vehicle Code § 22661 and this chapter.

(Ord. No. 2011-04, §§ 1, 2, 1-26-2011)

If the administrative costs, including attorney's fees, 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 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 Government Code § 38773.5 and shall be transmitted to the tax collector for collection. The assessment shall have the same priority as other city taxes.

(Ord. No. 2011-04, §§ 1, 2, 1-26-2011)

(a)

It is unlawful for any person to abandon, park, store, or leave or permit the abandonment, parking, storing or leaving of any licensed or unlicensed vehicle or part thereof which is in an abandoned, wrecked, dismantled or inoperative condition upon any private or public property within the city for a period in excess of ten days 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 city-approved junkyard. Any individual violating any provision of this chapter shall be deemed guilty of an infraction or misdemeanor as hereinafter specified. Such individual shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of any of the provisions of this chapter is committed, continued, or permitted. Any individual convicted of a violation of this chapter:

(1)

Shall be guilty of an infraction offense and punished by a fine not exceeding:

a.

$100.00 for a first violation;

b.

$200.00 for a second violation on the same site perpetrated by the same individual.

(2)

For the third and any additional violations on the same site and perpetrated by the same individual shall constitute a misdemeanor offense and shall be punishable by a fine not exceeding $1,000.00 or six months in jail, or both. Notwithstanding subsection (a)(1) of this section, a first offense may be charged and prosecuted as a misdemeanor.

(b)

A violation of this chapter is declared to be unlawful and a public nuisance. The city attorney shall be authorized to commence action or actions for the abatement, and removal and enjoinment thereof and for the collection of the costs of abatement, including administrative and attorney's fees and civil penalties in the manner provided by law.

(c)

Upon a second or subsequent civil or criminal judgment for a violation of this chapter, the court may order the owner to pay treble the costs of abatement, including administrative and attorney's fees, in accordance with Government Code § 25845.5.

(d)

All remedies provided for in this chapter shall be cumulative and not exclusive. The conviction and punishment of any person under this chapter shall not relieve such person from the responsibility of abating and removing an abandoned, wrecked, dismantled or inoperative vehicle or parts thereof.

(Ord. No. 2011-04, §§ 1, 2, 1-26-2011; Ord. No. 2020-01, § 3, 2-26-2020)