Firebaugh Municipal Code § 3-3 Abandoned or Inoperative Motor Vehicles

[Ord. #234, Ord. #248, S1; Ord. #309, S1; Ord. #04-04, S1]

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 hereby 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 hereby 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 not including highways, except as expressly hereinafter permitted, is hereby declared to constitute a public nuisance which may be abated as such in accordance with the provisions of this section.

[Ord. #309, S1, Ord. #04-04, S1]

As used in this section:

a. VEHICLE – shall mean 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. The term "vehicle" also includes any part or portion of a vehicle, which is less than a whole vehicle, and all of the provisions of this Title apply to a part or portion of a vehicle, which is less than a whole vehicle.

b. ABANDONED VEHICLE – means any vehicle left on the property of another without the property owner's permission or any dismantled, inoperative or wrecked vehicle on private property.

c. DISMANTLED VEHICLE – is one which is in pieces.

d. INOPERATIVE VEHICLE – is one that is either mechanically incapable of being driven on its own power or prohibited from being operated on a public street or highway pursuant to the provisions of Vehicle Code sections 4000, 5202, 24002 or 40001, concerning license plates, registration, equipment, safety and related matters. (Where the owner or other person in possession of any vehicle described above contends that such vehicle is inoperative only due to the fact that it is under repair, proof that missing parts have been ordered within a reasonable time, or are being repaired, may be accepted by the official as a basis for withholding further action under the provisions of this chapter for a reasonable time).

e. A LOW VALUED VEHICLE – is one which meets all the following conditions: (1) the vehicle is inoperative due to the absence of a motor, transmission, or wheel and is incapable of being towed, (2) is valued at less than $200 by a person specified in Section 22855 of the California Vehicle Code, (3) is determined by the chief of police to be a public nuisance presenting an immediate threat to public health or safety, and (4) the property owners have signed a release authorizing the removal and waiving further interest in the vehicle or parts thereof.

f. WRECKED VEHICLE – is one that is destroyed, disabled, seriously damaged, crushed or ruined.

For the purpose of this chapter, the term "abandoned vehicle" will be utilized to encompass abandoned, dismantled, inoperative, or wrecked vehicles and shall be synonymous with each of their terms.

g. HIGHWAY – shall mean 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.

h. PUBLIC PROPERTY – does not include "highway".

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

j. OWNER OF THE VEHICLE – means the last registered owner and legal owner of record.

[Ord. #248, S2; Ord. #309, S2; Ord. 04-04, S1]

This section shall not apply to any vehicle or parts thereof which is:

a. Completely enclosed within a building in a lawful manner where it is not visible from the street or other public or private property.

b. 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 such storage or parking is necessary to the operation of a lawfully conducted or commercial enterprise.

c. Completely enclosed in a lawful manner within a solid fence, wall or hedge between five and six feet in height on an improved surface, or otherwise located so as not to be visible from the street or other public or private property (chain link with slats constitutes a solid wall).

Nothing in this section shall authorize the maintenance of a public or private nuisance as defined under provisions of the law other than Chapter 10 (commencing with Section 22650) of Division 11 of the Vehicle Code and this section.

[Ord. #309, S3; Ord. #04-04, S1]

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

[Ord. #309, S4; Ord. #04-04, S1]

Except as otherwise provided herein, the provisions of this section shall be administered and enforced by the chief of police or his designee to include the public works director or building/code enforcement officer. In the enforcement in this section such officer or his designee 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 section.

[Ord. #248, S6; Ord. #309, S5; Ord. #04-04, S1]

a. The chief of police, authorized officers, employees of the police department, or other persons authorized by the chief or his authorized personnel to remove vehicles from private property, may enter any private or public property in the course of administering or enforcing this chapter.

b. Contract to remove. If the City enters into a contract with any person to remove or cause the removal of vehicles, which have been declared to be public nuisances pursuant to this chapter, such person may enter upon private or public property to remove such vehicles.

c. Any person delaying or obstructing such entry within the meaning of Penal Code Section 148(a), or otherwise interfering with such persons in carrying out their duties under this chapter is guilty of a misdemeanor.

[Ord. #309, S6; Ord. #04-04, S1; amended 12-5-2022 by Ord. No. 22-04]

The City Council by resolution shall determine and fix an amount to be assessed as administrative cost including the actual cost of removal of any vehicle or parts thereof under this section. Effective July 1, 2004 the City of Firebaugh will participate with Fresno County in the Abandoned Vehicle Abatement (AVA) Program and will utilize the Building Code Special Inspection rate, currently at $47 per hour.

[Ord. #309, S6; Ord. #04-04, S1]

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 chief of police or his designee shall have the authority to cause the abatement and removal thereof in accordance with the procedures prescribed herein.

a. Citation for Violation. In addition to the enforcement proceedings contained in this section, the chief and/or his designees are hereby authorized to issue citations to the owner or occupant of the property upon which the abandoned, dismantled, inoperative, or wrecked vehicle, or parts thereof, is located. Any person issued a citation for violation of any provision of this chapter shall appear before the Fresno County Superior Court.

b. It shall be unlawful for any person to fail or refuse to remove any abandoned, dismantled, inoperative, or wrecked vehicle, or parts thereof, or refuse to abate such nuisances. Violations of this section or any provision of this chapter, except as otherwise prescribed herein shall be punished in accordance to the provisions as an infraction.

c. Voluntary Compliance. If it appears to the official that an abandoned, wrecked, dismantled or inoperative vehicle is located on private or public property, he/she may follow such administrative procedures to secure voluntary removal of such vehicle as appear advisable in each individual case prior to giving notice of intention to abate pursuant to subsection 3-3.9 of this section.

[Ord. #309; Ord. #04-04, S1]

A ten-day notice of intention to abate and remove the vehicle, or parts thereof, as a public nuisance shall be mailed by certified or 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 Notice of Intention shall be in substantially the following forms:

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 section 3-3 of the Firebaugh Municipal Code 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 section 3-3 of the Firebaugh Municipal Code. 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 City 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 10 days after the mailing of this notice of intention, request a public hearing and if such a request is not received by the Firebaugh City Clerk within such ten-day period, the Chief of Police or his designee 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 reason for denial, and such statement shall be construed as a request for a 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 of such hearing.

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 or record of (description of vehicle-make, model, license, etc.), you are hereby notified that the undersigned pursuant to Section 3-3 of the Firebaugh Municipal Code, has determined that such 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 section 3-3 of the Firebaugh Municipal Code. 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. 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 10 days after the mailing of this notice of intention, request a public hearing and if such a request is not received by the Firebaugh City Clerk within such ten-day period, the chief of police or his designee shall have the authority to abate and remove said vehicle (or said parts of a vehicle) without a hearing.

[Ord. #248, S3; Ord. #309, S9; Ord. #04-04, S1]

Upon request by the owner of the vehicle or owner of the land received by the City Clerk within 10 days after the mailing of the notice of intention to abate and remove, a public hearing shall be held by the City 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.

If the owner of the land submits a sworn written statement, denying responsibility for the presence of the vehicle on his land within such ten-day period, the statement shall be construed as a request for a hearing, which does not require his presence. Notice of the hearing shall be mailed, by registered/certified mail, at least 10 days before the hearing to the owner of the land and 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 10 days after the mailing of the notice of intention to abate and remove, the City shall have the authority to abate and remove the vehicle or parts thereof as a public nuisance without holding a public hearing.

[Ord. #309, S10; Ord. #04-04, S1]

All hearings under this section shall be held before the City Council, which shall hear all facts and testimony it deems pertinent. These 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 City Council shall not be limited by the technical rules of evidence. 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 reasons for such denial.

The City Council may impose such conditions and take such other action as it deems appropriate under the circumstances to carry out the purpose of this section. It may delay the time for removal of the vehicle or parts 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 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 dispose of as hereinafter provided and determine the administrative cost 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 thereof and the correct identification number and license number of the vehicle, if available at the site.

If it was determined at the hearing that the vehicle was placed on the land without the consent of the owner of the land and that he has not subsequently acquiesced in its presence, the City 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 such costs from such owner of the land.

If the owner of the land submits a sworn written statement denying responsibility for the presence of the vehicle on his land but does not appear, or if any interested party makes a written presentation to the City Council but does not appear, he shall be notified in writing of the decision. In the event no request for a hearing is timely received, the chief may proceed to cause the removal of the vehicle.

[Ord. #309, S11; Ord. #04-04, S1]

It shall be unlawful and a misdemeanor for any person to abandon, park, store, or leave or permit the abandonment, parking, storing or leaving of any licensed or unlicensed vehicle or parts thereof which is in an abandoned, wrecked, dismantled or inoperative condition upon any private or public property not including highways within the City for a period in excess of seven days unless the storage of this vehicle is exempted from the operation of this section by subsection 3-3.2. In the discretion of the prosecutor or the charging officer, the charge may be filed as an infraction instead of a misdemeanor.

[Ord. #309, S12; Ord. #04-04, S1]

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 subsection 3-3.11, or 15 days after such action of the City Council authorizing removal following appeal, the vehicle or parts thereof may be disposed of by removal to a scrap yard 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 that qualified for either a horseless carriage license plate or historical vehicle license plates, pursuant to section 5004, in which case the vehicle may be reconstructed or made operable.

a. Where the chief removes the vehicle, he may do so with his own employees, contract with one or more dismantlers or enterprises or issue removal orders on a rotation basis as, in his opinion, is most practical, efficient and economical.

[Ord. #309, S13; Ord. #04-04, S1]

Within five days after the date of removal of the vehicle or parts thereof, notice shall be given to the Department of Motor Vehicles identifying the vehicle or parts hereof removed. At the same time there shall be transmitted to the Department of Motor Vehicles any evidence of registration available, including registration certifications, certificates of title and license plates.

a. Licensed dismantlers or commercial enterprises acquiring vehicles removed by the Chief pursuant to this Chapter are excused from recording requirements of Section 11520 of the Vehicle Code provided that a copy of the order of the chief authorizing disposition of the vehicle is retained in the dismantler's or commercial enterprise's records.

b. Voluntary removal by the owner of the vehicle or property owner or by a dismantler or commercial enterprise at the request of such owner shall not require the chief to give notice to the Department of Motor Vehicles as required in this section, but shall be considered a private transaction and the parties thereto shall adhere to the provisions of the Vehicle Code relating thereto.

[Ord. #309, S14; Ord. #04-04, S1]

If the administrative costs and the cost of removal which are charged against the owner of a parcel of land pursuant to subsection 3-3.11 are not paid within 30 days of the date of the order, or the final disposition of an appeal therefrom, such cost shall be assessed against the parcel of land pursuant to Section 38773.5 of the Government Code and shall be transmitted to the tax collector for collection. This assessment shall have the same priority as other City taxes.

a. Effective July 2004, the administrative cost will be charged to the Abandoned Vehicle Abatement (AVA) Program in Fresno County, which will be overseen by Fresno County AVA Service Authority (joint power agreement with cities and county). The service authority will calculate personnel cost for voluntary and towaway abatement that may change periodically.