Fairfax Municipal Code Ch. 10.16 Abandoned Vehicles

Section

Editor’s Note: The Uniform Traffic Ordinance as adopted in § 10.04.010 of this title was amended by adoption of Article XVIII (§§ 18.1 through 18.15), which is codified in this chapter. The legislative history note following each section of this chapter identifies, in brackets, the number of the U.T.O. section from which it is derived.

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

HIGHWAY.

(1) A way or place of whatever nature, publicly maintained and open to the use of the public for purposes of vehicular travel.

(2) HIGHWAY includes STREET.

INOPERATIVE VEHICLE. A vehicle that cannot be moved under its own power or vehicles not currently registered with the Department of Motor Vehicles excluding those vehicles that have been filed as a non-operational status.

OWNER OF THE LAND. The owner of the land on which the vehicle, or parts thereof, is located, as shown on the last equalized assessment roll.

OWNER OF THE VEHICLE. The last registered owner and legal owner of record.

PUBLIC PROPERTY. Includes “highway.”

VEHICLE. 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, § 10.16.010) (Ord. 621, passed - -1993)

(A) This chapter does not apply to:

(1) A vehicle, or parts 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 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, a junk dealer or when the 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 Cal. Vehicle Code Division 11, Chapter 10, commencing with § 22650, and this chapter.

(Prior Code, § 10.16.020)

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

(Prior Code, § 10.16.030)

In addition to and in accordance with the determination made and the authority granted by the State of California under Cal. Vehicle Code § 22660 to remove abandoned, wrecked, dismantled or inoperative vehicles or parts thereof as public nuisances, the Town 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 parts 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.

(Prior Code, § 10.16.040) (Ord. 621, passed - -1993)

(A) Except as otherwise provided herein, the provisions of this chapter shall be administered and enforced by the Chief of Police.

(B) In the enforcement of this chapter, the officer and his or her 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 parts thereof) declared to be a nuisance pursuant to this chapter.

(Prior Code, § 10.16.050)

When the Town Council has contracted with or granted a franchise to any person or persons, the 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, § 10.16.060)

Upon discovering the existence of an abandoned, wrecked, dismantled or inoperative vehicle, or parts thereof, on private property or public property within the town, the Chief of Police has the authority to cause the abatement and removal thereof in accordance with the procedure prescribed in this chapter.

(Prior Code, § 10.16.070)

A ten-day notice of intention to abate and remove the vehicle, or parts thereof, as a public nuisance shall be mailed by registered 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 forms set out below.

(Prior Code, § 10.16.080)

NOTICE OF INTENTION TO ABATE OR REMOVE; OWNER OF LAND

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 Article XVIII of the Uniform Traffic Ordinance, has determined that there exists upon said land an (or parts of an) abandoned, wrecked, dismantled or inoperative vehicle registered , to license number , which constitutes a public nuisance pursuant to the provisions of said Article XVIII.

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 town and the costs thereof, together with 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 parts of a vehicle) is located, you are hereby notified that you may, within ten 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 ten-day period, the 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-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 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/ (Chief of Police)

NOTICE OF INTENTION TO ABATE OR REMOVE; OWNER OF VEHICLE

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, etc.), you are hereby notified that the undersigned pursuant to Article XVIII of the Uniform Traffic Ordinance 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 Article XVIII.

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

Notice Mailed (date)

s/ (Chief of Police)

(A) Upon request by the owner of the vehicle or owner of the land received by the Chief of Police within ten days after the mailing of the notices of intention to abate and remove, a public hearing shall be held by the Town Council 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 property on which it is located.

(B) (1) If the owner of the land submits a sworn written statement denying responsibility for the presence of the vehicle on his or her land within the ten-day period, the statement shall be construed as a request for a hearing which does not require his or her presence.

(2) Notice of the hearing shall be mailed, by registered mail, 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.

(3) If such a request for hearing is not received within ten days after mailing of the notice of intention to abate and remove, the town shall have the authority to abate and remove the vehicle or parts thereof as a public nuisance without holding a public hearing.

(Prior Code, § 10.16.090)

(A) (1) All hearings under this chapter shall be held before the Town Council, which shall hear all facts and testimony it 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.

(2) The Town Council shall not be limited by the technical rules of evidence.

(3) 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 or her reasons for the denial.

(B) (1) The Town 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. It may delay the time for removal of the vehicle or parts thereof if, in its opinion, the circumstances justify it.

(2) At the conclusion of the public hearing, the Town Council may find that a vehicle or parts thereof has been abandoned, wrecked or 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, and determine the administrative costs and the cost of removal to be charged against the owner of the land.

(3) 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.

(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 he or she has not subsequently acquiesced in its presence, the Town Council 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 the costs from the 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 his or her land, but does not appear, or if an interested party makes a written presentation to the Town Council, but does not appear, he or she shall be notified, in writing, of the decision.

(Prior Code, § 10.16.100)

(A) Any interested party may appeal the decision of the Town Council by filing a written notice of appeal with the Town Council within five days after its decision.

(B) The appeal shall be heard by the Town Council, which may affirm, amend or reverse the order or take other action deemed appropriate.

(C) The Clerk shall give written notice of the time and place of the hearing to the appellant and those persons specified in § 10.16.080.

(D) In conducting the hearing, the Town Council shall not be limited by the technical rules of evidence.

(Prior Code, § 10.16.110)

(A) 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 the notice is required by § 10.16.100 or 15 days after the 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.

(B) 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 Cal. Vehicle Code § 5004, in which case the vehicle may be reconstructed or made operable.

(Prior Code, § 10.16.120) (Ord. 575, passed - -1988)

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 registration certificates, certificates of title and license plates. If the vehicle is removed from public property and is registered in California, and the owner is unknown immediate notification shall be given to the Department of Justice stolen vehicle system. If the vehicle is removed from public property and is not registered in California, and the owner is unknown immediate notification shall be given to the Department of Justice stolen vehicle system and written notification to the Department of Justice if the vehicle is not returned to the owner after 120 hours. If the vehicle is removed from private property and the owner is unknown written notification shall be given to the Department of Justice if the vehicle is not returned to the owner after 120 hours.

(Prior Code, § 10.16.130) (Ord. 621, passed - -1993)

The Town 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 parts thereof) under this chapter.

(Prior Code, § 10.16.140)

If the administrative costs and the cost of removal which are charged against the owner of a parcel of land pursuant to § 10.16.100 are not paid within 30 days of the date of the order, or the final disposition of an appeal therefrom, the costs shall be assessed against the parcel of land pursuant to Cal. Gov’t Code § 38773.5 and shall be transmitted to the Tax Collector for collection. The assessment shall have the same priority as other town taxes.

(Prior Code, § 10.16.150)

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

(B) 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.

(C) Any person convicted of a violation of this section shall be punished by a fine of not less than $100 and 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. The fine may be paid in installments if the court determines that the defendant is unable to pay the entire amount in one payment.

(D) 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 the abandonment. That proof may consist of a police report or other evidence acceptable to the court.

(E) The costs required to be paid for the removal and disposition of any vehicle determined to be abandoned pursuant to Cal. Vehicle Code § 22669 shall not exceed those for towing and seven days storage. This division does not apply if the registered owner or legal owner has completed and returned to the lien holder a declaration of opposition form within the time specified under Cal. Vehicle Code § 22851.8.

(Prior Code, § 10.16.160) (Ord. 621, passed - -1993)

(A) The abandonment of any vehicle in a manner as provided in § 10.16.160 shall constitute a prima facie presumption that the last registered owner of record is responsible for the abandonment and is thereby liable for the cost of removal and disposition of the vehicle.

(B) An owner who has made a bona fide sale or transfer of a vehicle and has delivered possession of the vehicle to a purchaser may overcome the presumption prescribed in division (A) of this section by demonstrating that he or she has complied with Cal. Vehicle Code § 5900 or by providing other proof satisfactory to the court.

(Prior Code, § 10.16.170) (Ord. 621, passed - -1993)

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

(Prior Code, § 10.16.180) (Ord. 621, passed - -1993)