Chapter 90 — ABANDONED VEHICLES

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

ABANDONED VEHICLE. Shall mean and include the following:

(1) PUBLIC NUISANCE VEHICLE. Any vehicle or parts thereof, that is abandoned, wrecked, dismantled or inoperative, that is left on public or private property, not including highways; and that creates a condition tending to reduce the value of private property, promotes blight and deterioration, invites plundering, creates fire hazards, constitutes an attractive nuisance endangering the health and safety of minors, harbors rodents and insects, or, jeopardizes health, safety and general welfare.

(2) ABANDONED VEHICLE. A vehicle is “abandoned” if it is 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 be reasonably concluded. In reference to highways, “abandonment” is presumed to have occurred if a vehicle is left 72 hours or more on the highway, or is parked, resting or otherwise immobilized on any highway or public right-of-way; and lacks an engine, transmission, wheels, tires, doors, windshield, or any other part or equipment necessary to operate safely on the highway. Such vehicles are presumed to be a hazard to public health, safety, and welfare and may be removed immediately upon discovery by a peace officer or other designated employee.

(3) WRECKED VEHICLE. Any vehicle that is damaged to such an extent that it cannot be operated upon the highway. A vehicle which has been wrecked in a traffic accident, and which has been removed from the roadway to a storage facility, but which has not been claimed by its owner will not be considered an abandoned vehicle.

(4) DISMANTLED VEHICLE. Any vehicle that is partially or wholly disassembled.

(5) INOPERATIVE VEHICLE. Any motor vehicle that cannot be moved under its own power.

AXLE. A structure or portion of a structure consisting of one or more shafts, spindles, or bearings in the same vertical transverse plane by means of which, in conjunction with wheels mounted on said shafts, spindles, or bearings, a portion of the weight of a vehicle and its load, if any, is continuously transmitted to die roadway when the vehicle is in motion. BUS.

(1) Except as provided in division (2) of this definition, a BUS is any vehicle, including a trailer bus, designed, used, or maintained for carrying more than 15 persons, including the driver.

(2) A vehicle designed, used, or maintained for carrying more than ten persons, including the driver, which is used to transport persons for compensation or profit, or is used by any nonprofit organization or group, is also a BUS .

(3) This definition does not alter the definition of a schoolbus, school pupil activity bus, general public paratransit vehicle, farm labor vehicle, or youth bus.

(4) A vanpool vehicle is not a bus.

CAMPER. A structure designed to be mounted upon a motor vehicle and to provide facilities for human habitation or camping purposes. A camper having one axle shall not be considered a vehicle.

EMPLOYEE. A city employee designated by the Chief of Police.

HIGHWAY. A way or place of whatever nature, publicly maintained and open to the use of the public for purposes of vehicular traffic. Highway includes a street, and all or any part of the entire width of the right-of-way of said highway.

MOTOR VEHICLE. A vehicle that is self-propelled. MOTOR VEHICLE does not include a self-propelled wheelchair,

motorized tricycle, or motorized quadricycle, if operated by a person who, by reason of physical disability, is otherwise unable to move about as a pedestrian. For purposes of Cal. Vehicle Code, Chapter 6 (commencing with § 3000) of Division 2, MOTOR

VEHICLE includes a recreational vehicle as that term is defined in Cal. Health and Safety Code, § 18010(a), but does not include a truck camper.

MOTOR TRUCK or MOTORTRUCK. A motor vehicle designed, used, or maintained primarily for the transportation of property.

PEACE OFFICER. An individual as defined in Cal. Penal Code, Chapter 4.5 (commencing with § 830) of Title 3 of Part 2. RECREATIONAL VEHICLE. Means both of the following:

(1) A motor home, travel trailer, truck camper, or camping trailer, with or without motive power, designed for human habitation for recreational, emergency, or other occupancy, that meets all of the following criteria:

(a) It contains less than 320 square feet of internal living room area, excluding built-in equipment, including, but not limited to, wardrobe, closets, cabinets, kitchen units or fixtures, and bath or toilet rooms.

• (b) It contains 400 square feet or less of gross area measured at maximum horizontal projections.

• (c) It is built on a single chassis.

• (d) It is either self-propelled, truck-mounted, or permanently towable on the highways without a permit.

• (2) A park trailer, as defined in Cal. Health and Safety Code, § 18009.3.

SEMITRAILER. A vehicle designed for carrying persons or property, used in conjunction with a motor vehicle, and so constructed that some part of its weight and that of its load rests upon, or is carried by, another vehicle.

TRAILER COACH. A vehicle, other than a motor vehicle, designed for human habitation or human occupancy for industrial, professional, or commercial purposes, for carrying property on its own structure, and for being drawn by a motor vehicle. A PARK TRAILER , as described in Cal. Health and Safety Code, § 18009.3, is a trailer coach.

TRUCK TRACTOR.

(1) A motor vehicle designed and used primarily for drawing other vehicles and not so constructed as to carry a load, other than a part of the weight of the vehicle and the load so drawn. As used in this section, LOAD does not include items carried on the truck tractor in conjunction with the operation of the vehicle if the load-carrying space for these items does not exceed 34 square feet.

) A motor vehicle designed and used primarily for drawing other vehicles and not so constructed as to carry a load, other than a part of the weight of the vehicle and the load so drawn. As used in this section, LOAD does not include items carried on the truck tractor in conjunction with the operation of the vehicle if the load-carrying space for these items does not exceed 34 square feet.

(2) Notwithstanding division (a) of this definition, a TRUCK TRACTOR , operated by a motor carrier whose owner is licensed by the Department of the California Highway Patrol to transport explosives pursuant to Cal. Veh. Code, Division 14 (commencing with § 31600), may be equipped with a cargo container used exclusively for the transportation of explosives or munitions-related security material, as specified by the United States Department of Defense.

VEHICLE. A device in, upon, or by which any person or property is or may be propelled, moved or drawn upon a highway, excepting a device moved by human power or used exclusively upon stationary rails or tracks. ('63 Code, § 3-10.01) (Ord. 542-C.S., passed 4-2-92; Am. Ord. 739-C.S., passed 3-17-09)

In addition to and in accordance with the determination made and the authority granted by the state under Cal. Veh. Code, § 22660 to remove abandoned, wrecked, dismantled or inoperative vehicles or 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 parts, on private or public property, including highways, creates a condition tending to reduce the value of private property, promotes blight and deterioration, invites plundering, creates fire hazards, constitutes an attractive nuisance creating a hazard to the health and safety of minors, creates a harborage for rodents and insects and is injurious to the health, safety and general welfare.

(B) Therefore, the presence of an abandoned, wrecked, dismantled or inoperative vehicle or parts, on private or public property, including highways, is declared to constitute a nuisance which may be abated in accordance with the provisions of this chapter. ('63 Code, § 3-10.02) (Ord. 542-C.S., passed 4-2-92)

This chapter is not the exclusive regulation of abandoned, wrecked, dismantled or inoperative vehicles. It shall supplement and be in addition to other regulatory codes, statutes and ordinances enacted by the city, county, state, or other legal entity or agency having jurisdiction.

('63 Code, § 3-10.11) (Ord. 542-C.S., passed 4-2-92)

PROHIBITIONS

• (A) No person shall abandon a vehicle upon any highway.

(Cal. Veh. Code, § 22523)

(B) No person shall park or leave a vehicle on a highway for 72 consecutive hours or more.

(Cal. Veh. Code, § 22651(k))

(C) No person shall abandon a vehicle upon public or private property without the express or implied consent of the owner or person in lawful possession or control of the property.

(Cal. Veh. Code, § 22523)

('63 Code, § 3-10.03) (Ord. 542-C.S., passed 4-2-92) Penalty, see § 90.99

(A) No person who owns or has possession, custody or control of any vehicle shall park, store or leave or permit the parking, storing or leaving of any licensed or unlicensed vehicle on any alley, street, or public parking lot for more than a consecutive period of 72 hours. Successive acts of parking within a 0.2-mile area shall be presumed to be a single act of parking for purposes of this chapter. Except as otherwise provided by law or this chapter, the following vehicles may only be parked in Limited Industrial Districts and General Industrial Districts.

(1) Any motor vehicle over 20 feet long, measured from the extreme forward point to the extreme rear point, including extensions;

(2) Any motor vehicle, over 96 inches wide, measured at its widest point excluding side-view mirrors or similar extensions, designed, used or maintained for the transportation of property;

(3) Any motor vehicle, including buses, motor trucks, trailers, semitrailers, trailer coaches, or truck tractors as defined in the Cal. Vehicle Code, over 96 inches wide, measured at its widest point excluding side-view mirrors or similar extensions, designed, used or maintained for the transportation of property;

(4) Any motor vehicle which is designed, used or maintained as an implement of husbandry or a special purpose or equipment machine;

(5) Any non-motorized vehicle, such as a semitrailer, trailer, trailer coach, utility trailer, two or more axle camper, or a oneaxle camper, which has been detached from its drawing vehicle; or

(6) Any “recreational vehicle (RV)”, over 20 feet long measured from the extreme forward point to the extreme rear point, including extensions. The term RECREATIONAL VEHICLE (RV) shall have the same meaning as set forth in Cal. Health and Safety Code, § 18010 or successor statute.

(B) Recreational vehicle parking permits .

(1) The Chief of Police may issue a temporary permit for the overnight parking of a recreational vehicle prohibited by this chapter if there is a finding that the vehicle is used on a daily basis and on-premises parking is not reasonably available. Recreational vehicle parking permits are obtained by a resident prior to the date and time the vehicle is parked. A permit issued based on this finding shall not be valid for longer than six months.

(2) The Chief of Police may issue a temporary permit to persons who demonstrate by way of written statement from a licensed medical doctor, that the recreational vehicle prohibited by this chapter must be kept near a residence for medical reasons.

(C) Exceptions. Section 90.16 shall not apply to the following:

(1) (a) Recreational vehicles as defined in Cal. Health and Safety Code, § 18010, or unattached boat or personal water craft trailer, parked for the purpose of loading, or other short-term use, provided that a permit has been issued in advance by the Chief of Police. A permit may be issued for loading, unloading, or other short-term use not to exceed 24 hours, provided that:

1. No more than 16 such periods are allowed in a calendar month; and

2. No more man eight days consecutively; and

3. No more than 144 in any 12-month period.

(b) Such parking shall be limited to the area in front of the residence from which the loading or unloading will occur, or in reasonable proximity thereto if the front of the residence is not available for parking.

(2) Nothing in this chapter shall be construed to permit sleeping in a vehicle prohibited by § 130.02 of the Eureka Municipal Code.

(3) A permit may be issued for any oversized motor vehicle parked while used in performing or assisting in performing services or repairs on residential property. The permit will be valid for 45 days and will be renewed only upon proof that the vehicle is continuing to be used in performing the services described herein.

(4) Any oversized motor vehicle which is parked for not more than 24 consecutive hours to make emergency repairs to such vehicle. Nothing herein shall be construed to permit violation of any restriction on vehicle repair elsewhere in the Eureka Municipal Code.

(5) Any non-motorized vehicle, such as a semitrailer, trailer, trailer coach, utility trailer, two or more axle camper, or a oneaxle camper which has been detached from its drawing vehicle parked for a period not to exceed four hours in any area other than a residential district. Successive acts of parking within a .2-mile area shall be presumed to be a single act of parking for purposes of this chapter.

(6) Any recreational vehicle parked in reasonable proximity to a park between the hours of 6:00 a.m. and 9:00 p.m. (D) The Chief of Police shall develop, maintain and keep current a written policy designed to provide due process in accordance with Cal. Veh. Code sections governing the towing of vehicles and due and timely noticing of persons who own or have possession, custody or control of any vehicle subject to being towed and stored under authority of this section. ('63 Code, § 3-10.22) (Ord. 572-C.S., passed 8-4-94; Am. Ord. 739-C.S., passed 3-17-09) Penalty, see § 90.99

(A) Twenty-four hours. Up to 16 RV parking permits are allowed per resident per month. No more than eight parking permits can be linked together consecutively. The maximum permit days per year is 144. Permits are limited to the area in front of the residence or in reasonable proximity when the front of the residence is not available.

(B) Daily use. The Chief of Police may issue a temporary permit for overnight parking of a recreational vehicle if there is a finding that the vehicle is used on a daily basis and on-premises parking is not reasonably available. A permit issued based on this finding shall not be valid for longer than six months. Pending review of your “reason for permit,” you will be temporarily granted a seven-day permit. You will be notified by either e-mail or phone should additional justification be required, or if your application is approved, modified or denied.

(C) Medical. The Chief of Police may issue a temporary permit to persons who demonstrate by way of written statement from a licensed medical doctor, that the recreational vehicle must be kept near a residence for medical reasons. Pending final approval of your application you will be granted a temporary ten-day permit. You are required to have a licensed medical doctor complete the attached application form and return the form to the Eureka Police Department within this ten-day time period. You will be notified by either e-mail or phone should additional justification be required, or if your application is approved, modified or denied.

(D) Construction. A permit may be issued for any oversized motor vehicle parked while used in performing or assisting in performing services or repairs on residential property. The permit will be valid for up to 45 days and will be renewed only upon proof that the vehicle is continuing to be used in performing the services described herein. Pending final approval of your “reason for permit,” you will be granted a temporary seven-day permit. You will be notified by either e-mail or phone should additional justification be required, or if your application is approved, modified or denied. (Ord. 739-C.S., passed 3-17-09)

ADMINISTRATION AND ENFORCEMENT

Except as otherwise provided in this chapter or by law, the provisions of this chapter shall be administered and enforced by the Chief of Police or employees designated in writing by the Chief of Police.

('63 Code, § 3-10.04) (Ord. 542-C.S., passed 4-2-92)

(A) Any peace officer or any other employee, in the territorial limits in which the officer or employee is authorized to act, who has reasonable grounds to believe that a vehicle has been abandoned, may remove the vehicle from a highway or from public or

private property.

('63 Code, § 3-10.05)

(B) Any peace officer may remove a vehicle located within the territorial limits in which the officer or employee may act, when any vehicle is abandoned, parked or left standing upon a highway for 72 hours or more consecutive hours. ('63 Code, § 3-10.06)

(C) Motor vehicles which are abandoned, parked, resting, or otherwise immobilized on any highway or public right-of-way and which lack an engine, transmission, wheels, tires, doors, windshield, or any other part or equipment necessary to operate safely on the highways of this state are a public nuisance and may be removed immediately upon discovery by a peace officer or employee. ('63 Code, § 3-10.07)

(Cal. Veh. Code §§ 22669, 22651(k)) (Ord. 542-C.S., passed 4-2-92)

Any person performing a franchise or contract awarded pursuant to Cal. Veh. Code § 22710 subdivision (a), may remove a vehicle from a highway or from public or private property, after a determination by a peace officer or other employee, that the vehicle is abandoned, as determined pursuant to Cal. Veh. Code § 22523.

('63 Code, § 3-10.08) (Ord. 542-C.S., passed 4-2-92)

Statutory reference:

Statutory authority, see Cal. Veh. Code § 22669

(A) In the enforcement of this chapter, the Chief of Police and his designated employees may enter upon private property for the purposes specified in this chapter to examine a vehicle or parts thereof, obtain information as to the identity of a vehicle, and remove or cause the removal of a vehicle or part thereof declared a nuisance pursuant to this chapter. ('63 Code, § 3-10.09)

(B) When the City Council has contracted with or granted a franchise to any person or persons for the abatement of abandoned vehicles, 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 declared to be a nuisance pursuant to this chapter. ('63 Code, § 3-10.10)

(Ord. 542-C.S., passed 4-2-92)

Statutory reference:

Statutory authority, see Cal. Veh. Code, § 22663

(A) Upon discovery on public or private property, excluding a highway, of an abandoned vehicle or a vehicle which lacks an engine, transmission, wheels, tires, doors, windshield, or other major part or equipment necessary to operate safely on the highway, the Chief of Police shall have the authority to cause the abatement and removal of said vehicle in accordance with the procedure prescribed in this section.

(B) Except as otherwise provided by law or this chapter, not less than a ten-day notice of intention to abate and remove the vehicle or part thereof as a public nuisance shall be issued for a vehicle abandoned on public or private property, excluding a highway, 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, except as provided in Cal. Veh. Code § 22661(c).

(C) The ten-day notice of intention to abate and remove a vehicle or part thereof, when required by this chapter, 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 (or she) 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 (or her) reason for such denial, in lieu of appearing. The notice of intention to abate 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 vehicle is in such condition that the identification numbers are not available to determine ownership.

(D) A request for a hearing shall be made to the Chief of Police within ten days after the mailing of notice of intention to abate and remove the vehicle or at the time of signing a release.

(E) Upon a request for a hearing by the owner of the vehicle or the owner of the land upon which such vehicle is located, a public hearing shall be held before the Chief of Police or his designee.

(F) If such a request is not received within such period, the appropriate public body, agency, or officer shall have the authority to remove the vehicle.

(G) The Chief of Police or his designee shall hear all facts and testimony it deems pertinent. The facts and testimony may include testimony on the condition of the vehicle or parts, and the circumstances concerning its location on the private property or public property. The Chief of Police or his designee shall not be limited by the technical rules of evidence.

(H) The owner of the land on which the vehicle is located is authorized to appear in person at the hearing or present a sworn written statement denying responsibility for the presence of the vehicle on the land, with his (or her) reason for such denial.

(I) If it is determined at the hearing that the vehicle was placed on the land without the consent of the landowner and that he (or she) has not subsequently acquiesced in its presence, then the local authority shall not assess costs of administration or removal of the vehicle against the property on which the vehicle is located or otherwise attempt to collect such cost from the owner.

(J) If the owner of the land on which the vehicle is located submits a sworn written statement denying responsibility for the presence of the vehicle on his (or her) land within such time period, this statement shall be construed as a request for hearing which does not require the presence of the owner submitting such request.

(K) The Chief of Police or his designee 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, if, in its opinion, the circumstances justify it. At the conclusion of the public hearing, the Chief of Police or his designee may find that a vehicle, or parts, has been abandoned, wrecked, dismantled or is inoperative on private or public property and order the same be removed from the property as a public nuisance and disposed of as provided in this chapter 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 and correct identification number and license number of the vehicle, if available.

(L) Any interested party may appeal the decision of the Chief of Police or his designee by filing a written notice of appeal with the City Council within five days after his decision. Such appeal shall be heard by the City Council which may affirm, amend or reverse the order or take other action deemed appropriate. The Clerk shall give written notice of the time and place of the hearing to the appellant, to the owner of the land, and the owner of the vehicle. In conducting the hearing, the City Council shall not be limited to the technical rules of evidence.

(M) This section shall not apply to 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 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, or junk yard. (Cal. Veh. Code, § 22661) ('63 Code, § 3-10.12) (Ord. 542-C.S., passed 4-2-92)

(A) Whenever a peace officer or employee removes a vehicle from a highway, or from public or private property, unless otherwise provided, he shall take the vehicle to the nearest garage or other place of safety or to a garage designated by the city, where the vehicle shall be placed in storage.

(Cal. Veh. Code, § 22850)

(B) At the time of removal, the officer or employee shall determine the amount of mileage on the vehicle. (Cal. Veh. Code, § 22850)

(C) A vehicle placed in storage shall be released to the owner or person in control of the vehicle only if the owner or person furnishes, to the law enforcement agency or employee who placed the vehicle in storage, satisfactory proof of current vehicle registration. The agency which caused the vehicle to be stored may, in its discretion, issue a notice to appear for the registration violation, if the two days immediately following the day of impoundment are weekend days or holidays. (Cal. Veh. Code, § 22850.3)

('63 Code, § 3-10.13)

(D) Whenever a peace officer or employee directs the storage of any vehicle, the vehicle's registered and legal owners of record, or their agents, shall be given notice and the opportunity for a post-storage hearing if required by Cal. Veh. Code § 22852.

('63 Code, § 3-10.15) (Ord. 542-C.S., passed 4-2-92)

If a vehicle is determined to have a value not exceeding $300, a peace officer or employee shall provide notice and the opportunity for a hearing in accordance with Cal. Veh. Code §§ 22851.2 through 22851.12.

('63 Code, § 3-10.14) (Ord. 542-C.S., passed 4-2-92)

(A) Vehicles or parts thereof may be disposed of by removal to a scrap yard, automobile dismantler's yard, or other suitable site. (Cal. Veh. Code, § 22662) ('63 Code, § 3-10.16)

(B) After a vehicle has been removed, it shall not be reconstructed or be made operable, unless it is a vehicle which qualifies for either horseless carriage license plates or historical vehicle license plates, pursuant to Cal. Veh. Code § 5004, in which case the vehicle may be reconstructed or made operable.

(Cal. Veh. Code § 22661(f)) ('63 Code, § 3-10.17)

(Ord. 542-C.S., passed 4-2-92)

(A) Notice shall be given to the Department of Motor Vehicles within five days after the date of removal, identifying the vehicle or part thereof and any evidence of registration available, including, but not limited to, the registration card, certificates of ownership, or license plates.

(Cal. Veh. Code, § 22661(a)) ('63 Code, § 3-10.18)

(B) An employee, other than a peace officer or employee of a sheriffs department, designated to remove vehicles pursuant to Cal. Veh. Code, § 22669 may do so after he or she has mailed or personally delivered a written report identifying the vehicle and its location to the Department of California Highway Patrol located nearest to the vehicle.

(Cal. Veh. Code, § 22669) ('63 Code, § 3-10.19)

(Ord. 542-C.S., passed 4-2-92)

(A) The last registered owner of record is responsible for abandonment and is thereby liable for the cost of removal and disposition of the vehicle. The City Council, by resolution, shall from time to time determine and fix an amount to be assessed as vehicle abatement administrative, hearing and appeal costs. The cost in the resolution shall not include costs and expenses which are not incurred by the city.

('63 Code, § 3-10.20)

(B) If the administrative, hearing and appeal costs and the cost of removal which are charged against the owner of a parcel of land pursuant to division (A) above are not paid within 30 days of the date of the order, or the final disposition of an appeal therefrom, a statement of these charges shall be sent to the owner by the city. If not paid, such costs shall be assessed against the owner's parcel of land pursuant to Cal. Gov't Code § 25845 and shall be transmitted to the tax collector for collection. The assessment shall have the same priority of other taxes.

('63 Code, § 3-10.21)

(Ord. 542-C.S., passed 4-2-92)

(A) Whoever violates any provision of this chapter for which no penalty is otherwise specifically provided, shall be subject to the penalty contained in § 10.99.

(B) A person convicted of a violation of § 90.15 shall pay a penalty set forth in § 10.99, and in addition, such person shall provide proof that the costs of removal and disposition of the vehicle have been paid. No part of any fine imposed shall be

suspended.

(Cal. Veh. Code § 22523)

(C) Proof that the cost of removal and disposition of the vehicle have been paid shall not be required if proof is provided to the court that the vehicle was stolen prior to abandonment. That proof may consist of a police report or other evidence acceptable to the court.

('63 Code, § 3-10.03) (Ord. 542-C.S., passed 4-2-92)

Statutory reference:

Statutory authority, see Cal. Veh. Code §§ 22523, 22651(k)