Fillmore Municipal Code Ch. 14.52 Removal of Vehicles

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

As used in this chapter, (1) "city" means the city of Fillmore; and (2) "city council" means the city council of the city of Fillmore. (3) "Highway" means a way or place of whatever nature, publicly maintained and open to the use of the public for purposes of vehicular travel. "Highway" includes street; and (4) "public property" does not include "highway"; and (5) "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. (6) "Private property" means all real property in the city which is not publicly owned. (7) "Private property visible from a public street" means all private property which can be seen from a public street, and which is not behind a six-foot high opaque fence, (or a chain link fence conforming with Section 6.04.18.7 of the Fillmore zoning ordinance which has had wood, plastic, or metal privacy slats installed along the entire frontage adjacent to any public rights-of-way). (8) "Public street" means a way or place of whatever nature, publicly maintained and open to use of the public, for the purposes of vehicular traffic; and (9) "operative vehicle" means a vehicle which is currently registered, and in condition to be legally operated upon a public street or highway within the state.

(Ord. 743 § 1, 1999: Ord. 365 § 1, 1968)

This chapter shall not apply to:

(1) 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.

(2) A vehicle or part thereof which is stored or parked on private property in connection with the business of a licensed dismantler, licensed vehicle dealer, licensed auto repair facility, or when such storage or parking is necessary to the operation of a lawfully conducted business or commercial enterprise, provided, however, that this exception shall not authorize the maintenance of a public or private nuisance as defined under provisions of law other than Chapter 10, commencing with Section 22650 of Division 11 of the California Vehicle Code.

(3) Vehicles entirely covered, with the exception of the lower half of the tires, by a commercially manufactured custom or semi-custom vehicle cover. Such cover shall be designed for either the exact make and model, or the general make and body shape of the vehicle it conceals. The cover shall be generally free of excess material or slack, and shall be maintained in excellent condition, with no holes, rips, or tears. The vehicle cover shall be of neutral color. The vehicle and the area two feet around it shall be kept clear of any foreign matter, stored materials, junk, or rubbish. Plastic or cloth tarpaulins are specifically prohibited for use as vehicle covers. Any vehicle so covered must be entirely supported by its wheels and inflated tires. Only one nonoperable vehicle covered with a vehicle cover may be stored on any one lot at any one time.

(Ord. 743 § 2, 1999: Ord. 365 § 2, 1968)

This chapter is not the exclusive regulation of abandoned, wrecked, dismantled or inoperative vehicles or parts thereof within 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. 365 § 3, 1968)

Except as otherwise provided in this chapter, the provisions of this chapter shall be administered and enforced by the chief of police of the city. In the enforcement of this chapter such officer and his deputies may enter upon private or public property to examine a vehicle or parts thereof, to obtain information as to the identity of a vehicle (and, in the event removal is not contracted for by the city, to remove or cause the removal of a vehicle or parts thereof) declared to be a nuisance pursuant to this chapter. This chapter shall be administered only by regularly salaried, full-time employees of the city, except that the removal of vehicles or parts thereof from property may be performed by such employees or any other duly authorized person.

(Ord. 365 § 4, 1968)

The city council shall determine from time to time whether city employees shall remove vehicles or parts thereof from property pursuant to this chapter, or whether the city shall contract with or grant a franchise to any person or persons to remove or cause the removal of vehicles or parts thereof within the provisions of this chapter. When the city council has contracted with or granted a franchise to any person or persons, 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. 365 § 5, 1968)

The city council shall from time to time determine and fix an amount to be assessed as administrative costs under this chapter. As to instances where the city contracts or grants a franchise for removal, such amount shall exclude the cost of removal.

(Ord. 365 § 6, 1968)

Not less than ten days' notice shall be given of intention to abate and remove the vehicle or part thereof as a public nuisance. Such notice shall contain a statement of the hearing rights of the owner of the property on which the vehicle is located and the owner of the vehicle. The statement shall include notice to the property owner, that he may appear in person at a hearing, or present a sworn written statement denying responsibility for the presence of the vehicle on the land, with his reasons for such denial. The notice of intention to abate shall be mailed by certified mail to the owner of the land as shown on the last equalized assessment roll and to the last registered and legal owner of record unless the vehicle is in such condition that identification numbers are not available to determine ownership. The public hearing is to be held before the city council upon the request for such hearing by the owner of the vehicle or the owner of the land on which such vehicle was located. This request shall be made to the city council via the city clerk within ten days after the mailing of notice of intention to abate and remove the vehicle. 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 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. If such request is not received within such period, the chief of police, or his agent, shall have the authority to remove the vehicle.

(Ord. 454 (part), 1974: Ord. 365 § 7, 1968)

Notice of hearing shall also be given to the California Highway Patrol identifying the vehicle or part thereof proposed for removal, such notice to be mailed at least ten days prior to the public hearing.

(Ord. 365 § 8, 1968)

All hearings under this chapter shall be held before the city 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 part thereof and the circumstances concerning its location on the said private property or public property. The city council shall not be limited by the technical rules of evidence. 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. Any person claiming an interest in the vehicle or part thereof may appear in person at the hearing or present a written statement in time for consideration at the hearing, and deny that the vehicle or part thereof comes within the provisions of this ordinance.

The city council may impose such conditions and take such other action as it finds to be appropriate in view of the facts presented at the hearing to carry out the purpose of this ordinance. It may delay the time for removal of the vehicle or part thereof if, in its opinion, the circumstances justify it. At the conclusion of the public hearing, the city council may find that a vehicle or part 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 as hereinafter provided and determine the administrative costs and the cost of removal to be charged against the owner of any parcel of privately owned 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.

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, or that the land is owned by a public agency, the city council 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 such land owner.

If an interested party makes a written presentation to the city council but does not appear, he shall be notified in writing of the decision.

(Ord. 365 § 9, 1968)

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 14.52.090, or fifteen days after such action of the city council authorizing removal or after the notice to interested parties if required by Section 14.52.090, whichever is later, the vehicle or parts 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.

(Ord. 365 § 10, 1968)

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.

(Ord. 365 § 11, 1968)

If the administrative costs and the cost of removal which are charged against the owner of a parcel of land pursuant to Section 14.52.090 are not paid within thirty days of the date of the order, or notice to the land owner if required by Section 14.52.090, such costs shall be assessed against the parcel of land pursuant to section 38773.5 of the Government Code and notice of the amount of the assessment shall be transmitted to the tax collector for collection. The assessment shall have the same priority as other city taxes.

(Ord. 365 § 12, 1968)

No person shall interfere with or obstruct removal operations carried out according to the provisions of this chapter, whether those operations are being carried out by employees of the city or by persons acting pursuant to contract with the city for removal of vehicles from public or private property.

(Ord. 454 (part), 1974)

(a) An administrative fee on the registered owner of a vehicle lawfully removed, impounded, stored or released by the Fillmore Police Department is hereby established to reimburse the city for costs incurred by the Fillmore Police Department relating to the removal, impound, storage or release of a vehicle pursuant to §§ 22651(a), (b), (d), (e), (f), (h), (j), (l), (o), (p), (r), 22655.5 or 22850.5 of the California Vehicle Code. The owner of the vehicle shall pay this fee to the city manager's designee prior to the release of the vehicle.

(b) The chief of police shall propose the fee authorized by this section which fee then shall be set by city council resolution. The fee shall not exceed an amount necessary to cover the actual costs incurred by the police department in the removal, impoundment, storage or release of the vehicle.

(c) The chief of police is hereby authorized to adopt any other rules, regulations and procedures necessary to collect, adjust, refund and administer any fees imposed by this section.

(Ord. 756 § 4 (part), 2001)

(Ord. No. 785, § 4, 8-9-2005)

(a) Establishment of Fund. There is established a special fund for the purpose of receiving and expending fees collected for the impoundment or storage of a vehicle pursuant to Section 14.52.122. The special fund shall be known and designated as the Traffic Offender Fund.

(b) Expenditure of Monies. The appropriation of all monies in the Traffic Offender Fund ("fund") shall be made exclusively for the purposes of the Fillmore police department. The police department shall use the funds for traffic safety programs within the city.

The traffic offender program shall include the enforcement of and education for suspended or revoked driving privilege, unlicensed driver, and persons driving under the influence of alcohol and drugs. Expenditures shall include, but not be limited to, purchase of equipment, material and supplies, personnel costs or any other expenditure related to traffic safety and the enforcement of traffic laws within the city. The administration of the fund shall conform to this section and all accounting principles practiced by the city.

(c) Accumulation of Monies in Fund. The balance remaining m the Traffic Offender Fund at the close of any fiscal year shall be deemed to have been provided for a specific purpose and shall be carried forward and accumulated in the fund for the purpose recited herein.

(Ord. 756 § 4 (part), 2001)

Fees, charges or costs imposed for the towing or storage of vehicles may be reimbursed to the owner or person in lawful possession or the vehicle if the fees, charges, or costs were incurred:

(1) Because the vehicle was towed and stored at the order of the police department to examine the vehicle for evidence of a crime;

(2) Because the subject vehicle was towed and stored by the order of the police department and the towing or storage was not authorized by any of the several provisions of the Vehicle Code of the State of California.

(3) Because officers, agents or employees of the police department were negligent in reporting, filing, or recording the circumstances of the towing and storage of the vehicle.

(Ord. 756 § 4 (part), 2001)