Fort Jones Municipal Code Ch. 10.08 Abandoned Vehicles

(a) The existence, accumulation, and storage of abandoned, wrecked, dismantled, or inoperative vehicles, or parts thereof, on private or public property, creates conditions likely to reduce the value of real property in the vicinity, promote blight and deterioration, and invite plundering, create fire hazards and harborage for rodents and insects, and is injurious to the public peace, health, safety, and general welfare. The presence of abandoned, wrecked, dismantled, or inoperative vehicles, or parts thereof, within the town constitutes a public nuisance, which the town is empowered to abate and remove in accordance with the provisions of this chapter.

(b) This chapter is enacted under the authority granted by state Vehicle Code §§ 22660 and 22710 to establish procedures for the abatement and removal of abandoned, wrecked, dismantled or inoperative vehicles, or parts thereof, from private or public property and for the recovery of the cost of such removal and administration of this chapter.

(Ord. No. 2022-4, exh. A(10.08.010), 3-14-2021)

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Abandoned means the status of a vehicle or part thereof when the vehicle owner has ceased to assert or exercise any interest, right or title therein without intent to resume or reassert such interest, right or title.

Dismantled means the condition of a vehicle which has been taken apart, or to pieces, or stripped, or otherwise deprived of any of its integral parts or equipment.

Highway means a way or place of whatever nature, publicly maintained and open to the use of the public for purposes of vehicular travel. The term "highway" includes street.

Inoperative means the condition of a vehicle which is physically incapable of working, functioning, or otherwise operating to produce its designed effect.

Motor vehicle means a vehicle which is self-propelled.

Property owner means the owner of the land where a vehicle or part thereof subject to regulation pursuant to this chapter is situated, as shown on the last equalized assessment roll of the town.

Public property does not include highway.

Street means a way or place of whatever nature, publicly maintained and open to the use of the public for purposes of vehicular travel. The term "street" includes highway.

Vehicle means a device by which any person or property may be propelled, moved, or drawn upon a highway, excepting a device moved exclusively by human power or used exclusively upon stationary rails or tracks. The term "vehicle" includes any motor vehicle.

Vehicle owner means both the last registered owner, within the meaning of Vehicle Code § 505, and the last legal owner, within the meaning of Vehicle Code § 370 a vehicle or part thereof subject to regulation pursuant to this chapter, as shown in the records of the state department of motor vehicles.

Wrecked means the condition of a vehicle which consists of disordered or broken remains, or which has been brought to a physically impaired or unsound condition or other ruinous state by reason of collision, crash, or other forceful impact.

(Ord. No. 2022-4, exh. A(10.08.020), 3-14-2021)

It is unlawful for any person owning a vehicle or vehicle part to allow the vehicle or part to be abandoned, wrecked, inoperative or dismantled on any property, public or private, in the town, except as authorized by this Code.

(Ord. No. 2022-4, exh. A(10.08.030), 3-14-2021)

(a) Except as otherwise expressly provided in this section and the procedures adopted pursuant to this section, this chapter shall apply to abandoned, wrecked, dismantled, or inoperative vehicles, or any part thereof, situated upon any private or public property, including highways, within the town.

(b) This chapter shall not apply to any vehicle or part thereof which is:

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

(2) 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;

(3) Stored upon private property in the manner authorized by the zoning code;

(4) Located behind a solid fence six feet in height or which is not plainly visible from a highway.

(c) The exceptions provided by this section shall not be construed to authorize the maintenance of a public or private nuisance as defined in this Code or by state law.

(d) This chapter shall not be construed as excluding any other lawful remedies available to the town for regulation, abatement, or removal of abandoned, wrecked, dismantled, or inoperative vehicles situated within the town. The procedures provided by this chapter shall be in addition to any other applicable town or state regulations, statutes, or ordinances or regulations of any other entity having jurisdiction in the matter.

(Ord. No. 2022-4, exh. A(10.08.040)—(10.08.060), 3-14-2021)

(a) The police chief and code enforcement officer are charged with the responsibility of administering this chapter and exercising the authority conferred thereby and may enter upon private property for purposes of administering and enforcing this chapter, to examine a vehicle or parts thereof, to obtain information as to the identity of the vehicle and to remove or cause to be removed a vehicle or part thereof declared to be a nuisance pursuant to this chapter.

(b) Any person or entity authorized by the town to remove vehicles from property for purposes of enforcement of this chapter may enter upon private property to perform such removal of vehicle or parts thereof declared to be a nuisance pursuant to this chapter.

(c) If entry to private property is denied, the police chief or code enforcement officer shall obtain any warrant necessary, except in the case of emergency in which case no warrant is required.

(Ord. No. 2022-4, exh. A(10.08.070), 3-14-2021)

(a) Fees to be levied against property owners for removal of abandoned, wrecked or disabled vehicles on their property shall include, but are not limited to, the following:

(1) Fees paid to the state department of motor vehicles;

(2) Actual costs of mailing document plus a $10.00 processing fee;

(3) Travel cost at the Federal Internal Revenue Service reimbursement rate;

(4) Vehicle towing costs at actual cost; and

(5) Staff time at $50.00 per hour.

(b) Nothing in this section shall preclude the town from seeking and recovering any costs pursuant to Code of Civil Procedure §§ 1032—1033.5.

(Res. No. 1102, 2-15-2022)

If the police chief or code enforcement officer find that reasonable grounds exist to believe that a vehicle or part thereof is abandoned, wrecked, dismantled or inoperative at any location to which this chapter applies, the determining officer shall declare such vehicle or part to be a public nuisance and thereupon proceed to abate such nuisance in the manner prescribed by this chapter.

(Ord. No. 2022-4, exh. A(10.08.080), 3-14-2021)

(a) Except as otherwise provided in this chapter, the police chief or code enforcement officer shall issue, not less than ten days in advance, a written notice of intention to abate and remove any vehicle or part thereof which has determined to be a public nuisance pursuant under this chapter.

(b) The determining officer shall mail such notice by first class certified mail, return receipt requested, to the property owner and to the vehicle owner, unless the vehicle is in such condition that identification numbers are not available to determine vehicle ownership. The determining officer shall post a copy of the notice upon or at the site of such vehicle or part.

(c) The notice shall contain a statement of the hearing rights of the property owner and of the vehicle owner, as provided in this chapter. Such statement shall include notice to the property owner that he or she may either appear in person at a hearing or submit a sworn written statement denying responsibility for the presence of the vehicle or part thereof on his or her land, with the reasons for such denial, in lieu of appearing.

(d) The notice shall specify the address of the real property where such vehicle or part is situated, a description identifying such vehicle or part, and the condition thereof found by the determining officer, to constitute a public nuisance, the sections of this chapter found by the determining officer to have been violated, and state that either voluntary abatement thereof or request for a hearing must be made by the property owner or vehicle owner, in the manner prescribed in this chapter, within ten days from the date of such notice, and that the failure to so request such a hearing shall constitute waiver of the right thereof.

(e) The notice shall specify that if the abatement is made by the town costs may be assessed against the property owner in accordance with Government Code § 25845 or, in the case of an abandoned vehicle, against the last registered owner of record, in accordance with Vehicle Code § 22524.

(Ord. No. 2022-4, exh. A(10.08.090), (10.08.100), 3-14-2021)

The police chief or code enforcement officer, shall not be required to issue notice of intent to abate if:

(1) The property owner and vehicle owner have each signed a release authorizing removal and waiving further interest in the vehicle or part thereof; or

(2) The vehicle or part is:

a. Inoperable due to the absence of a motor, transmission, or wheels;

b. Is incapable of being towed;

c. Is valued at less than $200.00 by a person specified in Vehicle Code § 22855;

d. Is determined by the police chief or code enforcement officer to be a public nuisance presenting an immediate threat to public health or safety;

e. Is located on a parcel that is either zoned for agricultural use or not improved with a residential structure containing one or more dwelling units; and

f. The property owner has signed a release authorizing removal and waiving further interest in the vehicle or part.

(Ord. No. 2022-4, exh. A(10.08.110), 3-14-2021)

(a) Either within ten days after the date of the notice of intent is mailed, or at the time of signing a release as provided in section 10.08.090(1) or (2)(f), the property owner or the vehicle owner may appeal the determination that a vehicle or part be abated.

(b) If the property owner submits a sworn written statement pursuant to section 10.08.110 denying responsibility for the presence of the vehicle or part on his or her land within the ten-day period prescribed by this section, such statement shall be construed a request for hearing which does not require the presence of the property owner.

(c) If no request for hearing is received by the police chief or code enforcement officer within the time prescribed by this section, the determining officer shall cause the vehicle or part to be removed and disposed of in the manner authorized by this chapter.

(Ord. No. 2022-4, exh. A(10.08.120), 3-14-2021)

(a) Authorized. The police chief or code enforcement officer may dispose of a vehicle or part thereof under this chapter by removal thereof to a licensed scrapyard, automobile dismantler's yard, or other site authorized by Vehicle Code § 22662.

(b) Reconstruction, restoration restricted. After a vehicle has been removed pursuant to this chapter, such vehicle shall not 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 Vehicle Code § 5004.

(c) Notice to state department of motor vehicles. Within five days following the date of removal of a vehicle or part thereof under this chapter, the determining officer shall give notice of such removal to the state department of motor vehicles, identifying the vehicle or part, together with any evidence of registration obtained by the determining officer, including, without limitation, the registration card, certificate of ownership, or license plate.

(d) Low-valued vehicle. Prior to final disposition of a vehicle under this chapter for which evidence of registration was recovered, the determining officer shall provide the vehicle owner with written notice of intent to dispose of the vehicle or part from a site authorized by Vehicle Code § 22662. Such notice shall state that if the vehicle or part is not claimed and removed within 12 days following the date such notice is mailed, final disposition shall proceed.

(Ord. No. 2022-4, exh. A(10.08.030)—(10.08.150), 3-14-2021)

(a) Authorized; manner of collection. If the property owner fails to pay, upon demand, the cost of abatement incurred by the town in the enforcement and administration of this chapter, such costs may be especially assessed against the real property involved, pursuant to Government Code §§ 38773 through 38773.5. Such assessment shall be collected at the same time and in the same manner as are town ad valorem property taxes.

(b) Assessable costs delineated. Cost of enforcement and administration of this chapter shall include, but not be limited to, charges for each vehicle cited under this chapter, a towing fee for each vehicle towed pursuant to this chapter and a fee to cover the cost of staff time involved in any action, administrative proceeding, or special proceeding required by this chapter, inspection of vehicles and other property, publication, mailing and posting of notices, conducting hearings, processing appeals and pursuing any judicial action. Such charges shall be established from time to time by resolution of the town council and shall not exceed the actual cost to the town of enforcement and administration of this chapter.

(c) Recordation of abatement lien. In the case of any special assessment made pursuant to this chapter, the determining officer shall cause a notice of abatement lien to be recorded in the office of the county clerk-recorder. Such notice shall identify the property owner, or possessor of the property, his or her last known address of record, the date upon which abatement was ordered, the date that the abatement was completed, a description of the real property subject to the lien, and the amount of the abatement costs.

(d) Release of abatement lien. The police chief or code enforcement officer may release or subordinate an abatement lien imposed under this chapter in the same manner as provided by law for release or subordination of a judgment lien on real property.

(Ord. No. 2022-4, exh. A(10.08.060)—(10.08.180), 3-14-2021)

Pursuant to Vehicle Code § 22524, the police chief or code enforcement officer shall be authorized to seek recovery of costs incurred by the town for the removal and disposition of an abandoned vehicle from the last registered owner thereof.

(Ord. No. 2022-4, exh. A(10.08.190), 3-14-2021)