El Cerrito Municipal Code Ch. 11.46 Abandoned Vehicles

In addition to and in accordance with the determination made and the authority granted by the Vehicle Code to remove abandoned, wrecked, dismantled or inoperative vehicles or parts thereof as public nuisances, the council has made 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 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. 93-1 Divs. 1, 2 (part), 1993.)

The definitions contained in Division 1 of the Vehicle Code shall govern the interpretation of the words used in this chapter, except for the following:

A. "Public property" does not include "highway."

B. "Police chief" also means any officer of the police department.

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

D. "Owner of the vehicle" means "registered owner" or "legal owner" as those terms are defined in the Vehicle Code.

E. "Nuisance" is as specified in Section 11.46.010 and as defined in the state Penal Code.

(Ord. 93-1 Divs. 1, 2 (part), 1993.)

A. This chapter shall not apply to:

1. A vehicle or part thereof which is completely enclosed within a building, or is enclosed by a solid fence six feet in height, so as not to be 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, or a licensed vehicle dealer.

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 of Division 11 of the Vehicle Code and this chapter.

(Ord. 93-1 Divs. 1, 2 (part), 1993.)

This chapter does not constitute the exclusive regulation of abandoned, wrecked, dismantled or inoperative vehicles within the city, and it shall supplement and be in addition to other regulatory codes, statutes, and ordinances enacted by the city, or the state, or any other legal entity.

(Ord. 93-1 Divs. 1, 2 (part), 1993.)

A. Except as otherwise provided in this section, the provisions of this chapter shall be administered and enforced by the police chief. In the enforcement of this chapter, the police chief 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, and may remove or cause the removal of a vehicle or part thereof which has been declared to be a nuisance pursuant to this chapter.

B. When the council has contracted with or granted a franchise to any person or persons for the removal of vehicles and parts thereof 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. 93-1 Divs. 1, 2 (part), 1993.)

The council shall, by resolution, determine and fix amounts to be assessed as cost of abatement under this chapter.

(Ord. 93-1 Divs. 1, 2 (part), 1993.)

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

B. A fourteen-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 private property 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 form:

(1) 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 private property)

As owner shown on the last equalized assessment roll of the private property located at (address), you are hereby notified that the under-signed, pursuant to Chapter 11.46 of the Municipal Code of the City of El Cerrito, has determined that there exists upon said property an abandoned, wrecked, dismantled or inoperative vehicle, or parts thereof, registered to _______, license number _______, which constitutes a public nuisance pursuant to the provisions of said Chapter 11.46.

You are hereby required to abate said nuisance by the removal of said vehicle (or said parts of a vehicle) within 14 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 private property on which said vehicle (or said parts of a vehicle) is located.

As owner of the private property on which said vehicle (or said parts of a vehicle) is located, you are hereby notified that you may, within 14 days after the mailing of this notice of intention, request a hearing, and if such a request is not received by the police chief within such 14-day period, the police chief 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 hearing. You may submit a sworn written statement within such 14-day period denying the responsibility for the presence of said vehicle (or said parts of a vehicle) on said private property, 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 Mailed _____ (date) s/ _____ Police Chief

(2) 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 number) you are hereby notified that the undersigned pursuant to Chapter 11.46 of the Municipal Code of the City of El Cerrito 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 said Chapter 11.46.

You are hereby required to abate said nuisance by the removal of said vehicle (or said parts of a vehicle) within 14 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 14 days after the mailing of this notice of intention, request a hearing and if such a request is not received by the police chief within such 14-day period, the police chief shall have the authority to abate and remove said vehicle (or said parts of a vehicle) without a hearing.

Notice Mailed _____ (date) s/ _____ Police Chief

C. Upon request by the owner of the vehicle or owner of the private property received by the police chief within fourteen days after the mailing of the notices of intention to abate and remove, a hearing shall be held by the police chief on the question of 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 cost of removal of the vehicle or parts thereof against the private property on which it is located.

D. If the owner of the private property submits a sworn written statement denying responsibility for the presence of the vehicle on his or her property within such fourteen-day period, the 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 days before the hearing to the owner of the private property 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 fourteen days after mailing of the notice of intention to abate and remove, the city shall remove the vehicle or parts thereof as a public nuisance without holding a hearing.

(Ord. 93-1 Divs. 1, 2 (part), 1993.)

A. All hearings under this chapter shall be held before the police chief, who shall hear all facts and testimony he or she 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 police chief shall not be limited by the technical rules of evidence. The owner of the private property 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 private property, with the reasons for such denial. However, unless accompanied by written evidence of efforts to remove the vehicle, such denial shall not conclusively absolve the property owner or responsibility for vehicle removal and administrative costs.

B. 1.

In determining abandonment, there shall be a rebuttable presumption that the vehicle is abandoned if the police chief finds that all of the following exist: (1) the vehicle is illegally parked as provided by either the Vehicle Code or this code; (2) the vehicle cannot be legally or safely operated on the public streets; and (3) the vehicle is not currently registered. In addition, in making this determination, the police chief may also consider any other factors, including but not limited to age of the vehicle, its general condition and value, the length of time the vehicle has remained at its present location, and neighborhood concerns and complaints.

2. At the conclusion of the hearing, the police chief 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, and determine the administrative costs and the cost of removal to be charged against the owner of the private property. The police chief may impose such conditions and take such other action as is deemed appropriate under the circumstances, consistent with the purpose of this chapter. The police chief may delay the time for removal of the vehicle or parts thereof if, in his or her opinion, such delay is warranted by the circumstances.

C. The police chief shall prepare and mail to the vehicle owner and the owner of the private property a written version of the order of abandonment. Any 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. 93-1 Divs. 1, 2 (part), 1993.)

A. Any interested party may appeal the order of the police chief by filing a written notice of appeal with the city clerk within ten days after the order.

B. The appeal shall be reviewed by the council but the appellant shall not be entitled to de novo review. The determination of the police chief shall be upheld if supported by substantial evidence in the record taken as a whole and the decision is not arbitrary or capricious.

C. Notwithstanding, the council may affirm, amend or reverse the order of the police chief or take other action deemed appropriate, including remanding the matter back for further hearing.

(Ord. 93-1 Divs. 1, 2 (part), 1993.)

Fourteen days after the mailing of the notice of intention to abate specified in Section 11.46.070, or ten days after the date of mailing of the order of the police chief specified in Section 11.46.080, or ten days after the action of the council authorizing removal following an appeal as specified in Section 11.46.090, the vehicle or part thereof may be disposed of by removal to a scrapyard 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 the Vehicle Code, in which case the vehicle may be reconstructed or made operable.

(Ord. 93-1 Divs. 1, 2 (part), 1993.)

Within five days after the date of removal of the vehicle or part thereof, notice shall be given to the Department of Motor Vehicles of the state 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 registration certificate, certificate of title and license plates.

(Ord. 93-1 Divs. 1, 2 (part), 1993.)

If the administrative costs and the cost of removal which are charged against the owner of a parcel of private property pursuant to this chapter are not paid within thirty days of the removal of the vehicle or part thereof, the costs shall, by resolution of the council, be assessed, become a lien against the parcel of private property, and be collected by the tax collector in the same manner as municipal taxes upon real property.

(Ord. 93-1 Divs. 1, 2 (part), 1993.)

It shall be unlawful and an infraction 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 any abandoned, wrecked, dismantled or inoperative condition upon any private property or public property, not including highways, within the city for a period in excess of fifteen days unless the vehicle or part thereof is completely enclosed within a building where it is not plainly visible from the street or other public or private property, or is enclosed by a solid fence six feet in height so as not to be visible from the street or other public or private property, or unless the vehicle is stored or parked in a lawful manner on private property in connection with the business of a licensed dismantler or licensed vehicle dealer.

(Ord. 93-1 Divs. 1, 2 (part), 1993.)

It is unlawful and an infraction for any person to fail or refuse to remove an abandoned, wrecked, dismantled or inoperative vehicle or part thereof, or to refuse to abate such nuisance, when ordered to do so in accordance with the provisions of this chapter or state law where state law is applicable.

(Ord. 93-1 Divs. 1, 2 (part), 1993.)