Gilroy Municipal Code Art. IX Abandoned, Wrecked Motor Vehicles

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 part 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 article.

(Ord. No. 816, § 2, 4-1-1968)

As used in this article:

(a)

The term “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.

(b)

The term “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.

(c)

The term “public property”

does not include “highway.”

(d)

The term “owner of the land”

means the owner of the land on which the vehicle, or parts thereof, is located, as shown on the last equalized assessment roll.

(e)

The term “owner of the vehicle”

means the last registered owner and legal owner of record.

(Ord. No. 816, § 2, 4-1-1968; Ord. No. 986, § 1, 7-2-1973)

No person shall park, store, leave or permit the parking, storing, or leaving of any vehicle or part thereof which is in a wrecked, dismantled, inoperative, or abandoned condition upon any private or public property within the city for a period in excess of seven (7) days. This article shall not apply to (1) a vehicle or part thereof which is completely enclosed within a fence or building in a lawful manner where it is not plainly visible from the street or other public or private property or (2) a vehicle or part 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, licensed junkyard or other similar duly licensed business conducted pursuant to law when such parking or storing of vehicles or parts thereof is necessary to the operation of the business; provided, however, that this exception shall not authorize the maintenance of a public or private nuisance as defined under other provisions of law. This article 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 heretofore or hereafter enacted by the city, the state, or any other legal entity or agency having jurisdiction.

(Ord. No. 816, § 2, 4-1-1968; Ord. No. 95-6, § 1, 3-6-1995)

Except as otherwise provided herein, the provisions of this article shall be administered and enforced by the chief of the Gilroy Police Department. In the enforcement of this article such officer and his 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 part thereof declared to be a nuisance pursuant to this article. 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 article.

(Ord. No. 816, § 2, 4-1-1968)

The city council shall from time to time determine and fix an amount to be assessed as administrative costs in addition to the actual cost of removal of any vehicle or part thereof under this article. This cost of administration may be set as a fixed sum per removal or as a percentage of the actual cost of removal.

(Ord. No. 816, § 2, 4-1-1968)

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 shall have the authority to cause the abatement and removal thereof in accordance with the procedure prescribed herein.

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 following forms:

(Ord. No. 816, § 2, 4-1-1968; Ord. No. 986, § 2, 7-2-1973)

(a) Upon request by the owner of the vehicle or owner of the land received by the chief of police within ten (10) days after the mailing of the notices 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 (10) day period, said 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 mail, at least ten (10) 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. If such a request for hearing is not received within said ten (10) days after 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.

(b) All hearings under this chapter shall be held before the city council which shall hear all facts and testimony it deems pertinent. Said facts and testimony may include testimony on the condition of the vehicle or parts 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 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 chapter. 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 disposed of as hereinafter provided and determine the administrative costs 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 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 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 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. No. 986, § 3, 7-2-1973)

Five days after adoption of the order declaring the vehicle or parts thereof to be a public nuisance, or five days from the date of mailing of notice of the decision of such notice is required, the vehicles 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.

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. No. 784, § 4, 1-16-1967; Ord. No. 816, § 2, 4-1-1968)

If the administrative costs and the cost of removal which are charged against the owner of a parcel of land pursuant to this article are not paid within thirty (30) days of the date of the order, such costs 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. Said assessment shall have the same priority as other city taxes.

(Ord. No. 816, § 2, 4-1-1968)

It shall be unlawful for any person to abandon, park, store or leave or permit the abandonment, parking, storing or leaving of any licensed or unlicensed vehicle or part thereof which is in an abandoned, wrecked, dismantled or inoperative condition upon any private property or public property not including highways within the city for a period in excess of seven (7) days unless such vehicle or part thereof is completely enclosed within a fence or building in a lawful manner where it is not plainly visible from the street or other public or private property or unless such vehicle is stored or parked in a lawful manner on private property in connection with the business of a licensed dismantler, licensed vehicle dealer, licensed junkyard or other similar duly licensed business conducted pursuant to law when such parking or storing of vehicles or parts thereof is necessary to the operation of the business.

(Ord. No. 816, § 2, 4-1-1968; Ord. No. 77-15, § 10, 4-18-1977)

It shall be unlawful for any person to fail or refuse to remove an abandoned, wrecked, dismantled or inoperative vehicle or part thereof or refuse to abate such nuisance when ordered to do so in accordance with the abatement provisions of this article of [or] state law where such state law is applicable.

(Ord. No. 816, § 2, 4-1-1968; Ord. No. 77-15, § 11, 4-18-1977)

It shall be unlawful for any person to interfere with, hinder or refuse admittance to persons authorized by this article to enter upon private property for the purpose of enforcing the provisions of this article.

(Ord. No. 816, § 2, 4-1-1968; Ord. No. 77-15, § 12, 4-18-1977)