Fairfield Municipal Code Art. V Special Abatement Procedures for Certain Vehicles

(a) The provisions of this article are intended to provide a procedure for the abatement of nuisances consisting of abandoned, wrecked, dismantled or inoperative vehicles, and are enacted under the authority granted by the state, under section 22660 of the state vehicle code.

(b) It is the intent of the council to provide that the abatement of public nuisances consisting of abandoned, wrecked, dismantled and inoperative vehicles may be carried on either concurrently with or separately from the abatement of other conditions, if any, constituting a public nuisance on any premises within the city, as deemed appropriate under the circumstances.

The procedure specified in this article shall be used in the case of a nuisance which consists solely of abandoned, wrecked, dismantled or inoperable vehicles or parts thereof.

When the department head determines pursuant to his inspection conducted according to section 27.202 of this code, that the conditions existing on the premises constituting a violation of the provisions of this code are the result of the existence on such premises of any abandoned, wrecked, dismantled or inoperative vehicles the department head may do the following:

(a) Issue a notice of intention to abate and remove the vehicles or parts thereof as a public nuisance, directed to the owner of the premises on which the vehicles or parts thereof are located and the owner of the vehicles or parts thereof 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. This notice shall contain:

(1) The street address and such other description as is required to identify the premises on which the vehicles or parts thereof are located.

(2) The identity of the vehicles or parts thereof to be abated.

(3) A statement that the department head has found the vehicles or parts thereof to be a public nuisance as specified in this code with a reference to the applicable section hereof, and to other sections of the city code if applicable, including sufficient detail to provide the owner with information as to the conditions constituting the alleged nuisance.

(4) A statement of the action required to be taken as determined by the department head, and that such action is to be completed within ten days after the mailing of the notice.

(5) A statement providing for a hearing by the hearing examiner upon written request to the department head by the owner of the premises on which the vehicles or parts thereof are located or by the owner of the vehicles or parts thereof within ten days after the mailing of the notice.

The department head shall not issue the notice provided for in this section unless and until it is determined that the vehicle owner is failing to make substantial progress in repairing the vehicle to an operating condition.

(b) The notice shall be sent certified mail, postage prepaid, to the owner of the premises as shown on the latest equalized assessment roll of the county using such address as may be shown by such assessment rollor such other address as may be known by the department head and to the last registered and legal owner of record unless the vehicles or parts thereof are in such condition that identification numbers are not available to determine ownership. The failure of the department head to serve any person required herein to be served shall not invalidate any proceedings hereunder as to any other person duly served or relieve any such person duly served from any duty or obligation imposed on him by the provisions of this chapter.

(c) Upon issuance of the notice, the department head may provide additional notice by posting a copy thereof conspicuously on the vehicles or parts to be abated.

(d) Provided, however, a notice of intention to abate is not required for removal of a vehicle or part thereof which is inoperable due to the absence of a motor, transmission, or wheels and incapable of being towed, from a parcel that is zoned for agricultural use or not improved with a residential structure, if the vehicle or part is valued at less than two hundred dollars ($200) by a person specified in vehicle code section 22855, and is determined by the Chief of Police to be a public nuisance presenting an immediate threat to public health and safety, provided further that the property owner has signed a release authorizing removal and waiving further interest in the vehicle or part thereof. Prior to final disposition under vehicle code section 22662 of such a low valued vehicle or part for which evidence of registration was recovered pursuant to section 27.802 of the Fairfield City Code, notice shall be given by the Chief of Police to the registered and legal owners of intent to dispose of the vehicle or part, and if the vehicle or part is then not claimed or removed within 12 days after the notice is mailed, disposition may proceed. Neither the city or its contractor shall be liable for damage to a vehicle or part thereof caused by removal pursuant to this subsection.

In cases where the vehicles or parts thereof are located entirely on public property, the department head shall not be required to send notice to the public entity involved.

If, after otherwise following the procedure set forth in this article, the city is required to abate such nuisance on public property, the city shall assume the costs of administration and removal thereof.

The notice shall include therein the following statement on the copy of the notice sent to the owner of the premises:

Whenever the owner of the premises on which the vehicles or parts thereof are located or the owner of the vehicles or parts thereof requests a hearing, hereinafter called "requesting party," the department head shall issue a hearing notice to the requesting party allowing that party to appear before a hearing examiner to show cause why the vehicles or parts thereof are not a public nuisance and should not be abated by the city. The hearing notice shall be served upon the requesting party either personally or by mailing a copy of such notice by certified mail, postage prepaid, return receipt requested, not less than five calendar days prior to the hearing date.

At the time fixed in the notice required by section 27.606, the hearing examiner shall proceed to hear the testimony of the department head and testimony of the requesting party and other competent persons respecting the condition of the vehicles or parts thereof and other relevant facts concerning the matter.

(a) If it is shown by a preponderance of all the evidence that the condition of the vehicles or parts thereof constitutes a violation of this code, the hearing examiner may issue an order which affirms the determination of the department head that the vehicles or parts thereof are a public nuisance and directs the owner to abate the nuisance and which notifies him that if the nuisance is not so abated it may be abated by the city in such manner as may be ordered by the department head and the cost thereof may be made a lien on the premises involved, unless the hearing examiner has determined that the owner of the premises did not consent to the placement of the vehicles or parts thereof on his property and did not subsequently acquiesce in their presence. The order shall identify the abandoned, wrecked, dismantled or inoperative vehicles or parts thereof to be abated. The order shall require that abatement of the nuisance be physically completed within five days after issuance of the order or in the alternative, within such time as the department head shall determine to be reasonable under all of the circumstances.

(b) If the owner of the premises appears in person at the hearing or files a sworn written statement to deny responsibility for the presence on his property of the vehicles or parts thereof, the determination of the hearing examiner on this issue shall be included in the decision and order and sent to such owner.

(a) The requesting party under section 27.606 or the department head may appeal the decision of the hearing examiner by filing with the city clerk within ten days after the date of the order a request that the matter be set for an appeal hearing by the city council.

(b) Except as specified in this section, the appeal procedure shall be the same as that set forth in section 27.510.

(a) The requesting party under section 27.606 who objects or feels aggrieved at any proceedings taken by the city council in sustaining or modifying a decision of the hearing examiner must bring an action in a court of competent jurisdiction within thirty days after the action by the council in such matter, otherwise all objections will be deemed waived.

(b) A department head shall be bound by the decision of the council.

In the event the department head shall determine that the owner or person in possession of premises which have been declared a nuisance and ordered abated according to the provisions of this code, in whole or in part because of the existence thereof of any abandoned, wrecked, dismantled or inoperative vehicle, has removed from such premises the vehicles specifically identified and ordered abated by the department head in his notice issued pursuant to section 27.603 and has caused or permitted other vehicles to replace those removed or ordered removed, the department head shall:

(a) Notify the owner of the premises that such act is in violation of the notice of the department head, and order the owner to remove such vehicles or parts thereof; and,

(b) Notify the city attorney of the violation. The city attorney shall have recourse to every remedy provided by law to prevent the owner of the premises from placing or causing to be placed upon the premises any abandoned, wrecked, dismantled or inoperative vehicle.

The provisions of this article shall not apply to any vehicle or parts thereof which:

(a) 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

(b) Is stored or parked in a lawful manner on private property in connection with the business of a licensed dismantler, licensed vehicle dealer or a junkyard; provided, that such business is not unsightly or otherwise detrimental to the public health, safety and welfare.

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 as provided in Vehicle Code section 22523. Violation of this section shall be a misdemeanor.

(Ord. 92-26, § 1)

§ 27.614. through § 27.700. Reserved for future legislation.