Chapter 10.80 — ABANDONED, WRECKED, DISMANTLED OR INOPERATIVE VEHICLES

10.80.010 Statutory authority--findings. 10.80.020 Purpose. 10.80.030 Scope.

10.80.040 Definitions.

10.80.050 Abandonment of wrecked, dismantled vehicles prohibited.

10.80.060 Applicability.

10.80.070 Exceptions.

10.80.080 Administration and enforcement.

10.80.090 Removal--right of entry.

10.80.110 Not to be reconstructed. 10.80.120 Administrative costs. 10.80.130 Notice to abate public nuisance. 10.80.140 Abatement by owner. 10.80.150 Hearing - request. 10.80.160 Removal of vehicle without hearing. 10.80.170 Hearing by Hearing Board. 10.80.180 Appeal From decision. 10.80.190 Removal and disposition of vehicle after hearing. 10.80.200 Collection of costs of administration and removal of vehicle. 10.80.210 Adoption by reference to Section 22660 of the vehicle code. 10.80.220 Other abatement procedures. 10.80.230 Unlawful acts.

In accordance with the determination made and the authority granted by the state 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, or dismantled vehicles or parts thereof on private or public property, 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, except as expressly permitted in this chapter is declared to constitute a public nuisance, which may be abated as such in accordance with the provisions of this chapter.

(Ord. 716-2002 § I(part); Ord. 530 (part), 1988).

A. The provisions of this chapter are intended to provide a procedure for the abatement of nuisances consisting of abandoned, wrecked, dismantled or inoperative vehicles, or parts thereof, and are enacted under the authority granted by the State, under Section 22660 of the Vehicle Code.

B. It is the intent of the City Council to provide that the abatement of public nuisances consisting of abandoned, wrecked, dismantled or inoperative vehicles, or parts thereof 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 county, as deemed appropriate under the circumstances.

(Ord. 716-2002 § I(part)).

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

(Ord. 716-2002 § I(part)).

As used in this chapter, the following definitions shall apply:

A. "Abandoned Vehicle". A vehicle is considered to be abandoned if it is left on a highway, public property, or private property, in such inoperable or neglected condition that the owner's intention to relinquish all further rights or interests in it may be reasonably concluded.

• (1) In reaching such a reasonable conclusion the following will be considered:

• (a) The amount of time the vehicle has been there without being moved

• (b) The condition of the vehicle

• (c) Statements from the owner and/or witnesses if available

(2) In reference to highways or public rights-of-way, abandonment is presumed to have occurred if a vehicle is parked, resting, or otherwise immobilized on any highway or public right-of-way and lacks an engine, transmission, wheels, tires, doors, windshield, or any other part or equipment necessary to operate safely on the highway in this state. Such vehicles are presumed to be a hazard to public health, safety, and welfare and may be removed immediately upon discovery by a peace officer or other designated employee of the state, county, or city.

B. "City Administrator." The City Administrator of the City of Gridley.

C. "Dismantled Vehicle." Any vehicle that is partially or wholly disassembled.

D. "Highway.” 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.

E. "Inoperative Vehicle." Any motor vehicle that cannot be moved under its own power.

F. "Owner of the Land." The owner of the land on which the vehicle, or parts thereof, is located, as shown on the last equalized assessment roll.

• G. "Owner of the vehicle." The last registered owner and legal owner of record.

H. "Private Property." Property that is owned by an individual, corporation, partnership or other entity, excluding public entities. Property of a specific, fixed and tangible nature, capable of being in possession and transmitted to another, such as houses, lands, vehicles, etc.

I. "Public Nuisance Vehicle." Any vehicle that is abandoned, wrecked, dismantled, or inoperative, or parts thereof that is or are on public or private

property, including highways; and that creates a condition tending: to reduce the value of private and or public 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, or to be injurious to the health, safety and general welfare.

J. "Public Property." This term means a designation of those things which are considered as being owned by "the public," the entire state or community, and not restricted to dominion of a private person or entity. It may also apply to any property owned by the state, nation, county, municipality, or other public entity. Public Property includes highways, roadways, roads and streets.

K. "Vehicle." 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.

L. "Vehicle Abatement Officer." The City Administrator or his or her designee.

M. "Wrecked Vehicle." Any vehicle that is damaged to such an extent that it cannot be operated upon the highway is termed a wrecked vehicle. A vehicle which has been wrecked in a traffic accident, and which has been removed from the roadway to a storage facility, but which has not been claimed by its owner will not be considered an abandoned vehicle for the purposes of this program.

(1) A vehicle which has been wrecked in a traffic accident, and which has been removed from the roadway to a storage facility, but which has not been claimed by its owner will not be considered an abandoned vehicle for the purposes of this program.

(Ord. 716-2002 § I(part)).

It shall be unlawful and an infraction for any person to abandon, park, store, 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 property or public property, within the city for a period in excess of ten days.

(Ord. 716-2002 § I(part)).

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

(Ord. 716-2002 § I(part)).

• A. This chapter shall not apply to:

1. A vehicle, or part thereof which is completely enclosed within a building or fence in a lawful manner where it is not visible from a street or other public or private property;

2. A vehicle, or parts 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, or when such storage or parking is necessary to the operation of a lawfully conducted business or commercial enterprise;

3. A vehicle or part thereof of antique value or considered a "classic". As defined in Vehicle Code Section 5004 (a) (3), an antique vehicle or part thereof must be at least twenty-five years old and be of historic interest. A classic vehicle or part thereof is one in which production was extremely limited, and the vehicle is considered unique unto itself.

B. Nothing in this section shall authorize the maintenance of a public or private nuisance as defined under provisions of law other than Chapter 10, commencing with section 22650 of the Vehicle Code and this chapter.

(Ord. 716-2002 § I(part)).

Except as otherwise provided in this chapter, the provisions of this chapter shall be administered and enforced by the Vehicle Abatement Officer or his or her designee. In the enforcement of this chapter, such officer, or his or her authorized representative(s), 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 chapter.

(Ord. 716-2002 § I(part)).

When the city has contracted with or granted a franchise to any person or entity, such person or the authorized representative of such entity 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. 716-2002 § I(part); Ord. 530 (part), 1988).

A. Within five days after the city or any officer thereof removes, pursuant to this chapter, any vehicle or part thereof, the Vehicle Abatement Officer or his or her designee shall so notify the Department of Motor Vehicles in writing identifying the vehicle or part thereof.

B. If any vehicle is removed pursuant to this chapter, the Vehicle Abatement Officer or his or her designee shall forward to the Department of Motor Vehicles any evidence of registration available, including registration certificates, certificates of title and license plates.

(Ord. 716-2002 § I(part)).

After a vehicle has been removed by the by the Vehicle Abatement Officer or authorized agents thereof pursuant to this Chapter, it shall not thereafter be reconstructed or made operative, unless it is a vehicle which qualifies for either horseless carriage license plates or historical vehicle license plates, pursuant to section 5004 of California Vehicle Code, in which case, the vehicle maybe reconstructed or made operable.

(Ord. 716-2002 § I(part)).

The City Council may from time to time determine and fix by adoption of a resolution an amount to be assessed as administrative costs, excluding the actual cost of removal of any vehicle or part thereof under this chapter.

(Ord. 716-2002 § I(part)).

A. When the Vehicle Abatement Officer or his or her designee determines pursuant to an inspection of property, that conditions existing on the premises constituting a violation of the provisions of this Chapter are the result of the existence on such premises of any abandoned, wrecked, dismantled or inoperative vehicle, or part thereof, the Vehicle Abatement Officer may issue a fifteen-day notice of intention to abate and remove the vehicle, or part thereof, as a public nuisance. The notice shall be mailed by registered or certified mail with return receipt, 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. This notice shall contain:

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

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

(3) A statement that the Vehicle Abatement Officer has found the vehicle or part thereof to be a public nuisance as specified in this Chapter with a reference to the applicable section hereof, and to other sections of the Gridley Municipal 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 Vehicle Abatement Officer 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 Vehicle Abatement Officer by the owner of the premises on which the vehicle or parts thereof is located or by the owner of the vehicle or parts thereof within ten days after the mailing of the notice.

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 maybe shown by such assessment roll or such other address as may be known by the Vehicle Abatement Officer and to the last registered and legal owner of record of the vehicle unless the vehicle or parts thereof are in such condition that identification numbers are not available to determine ownership. The failure of the Vehicle Abatement Officer 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 or her by the provisions of this chapter.

C. Upon issuance of the notice, Vehicle Abatement Officer may provide additional notice by posting a copy thereof conspicuously on the vehicle or parts to be abated.

D. Provided, however, a notice of intention to abate shall not be required if the property owner and the owner of the vehicle have signed releases authorizing removal and waive further interest in the vehicle or part thereof, or all of the following conditions are satisfied:

(1) The vehicle or part thereof is inoperable due to the absence of a motor, transmission, or wheels and incapable of being towed;

(2) The vehicle or part thereof is valued at less than two hundred dollars ($200) by a person specified in vehicle code section 22855;

(3) The Vehicle Abatement Officer has determined that the vehicle or part thereof is a public nuisance presenting an immediate threat to public health or safety

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

(5) The vehicle or part thereof is located upon: a parcel that is either zoned for agricultural use or is not improved with a residential structure,

If a vehicle is removed pursuant to subdivision (2), prior to final disposition, the registered and legal owner shall be notified by the Vehicle Abatement Officer of the intent to dispose of the vehicle or part thereof. If the vehicle or part is then not claimed and removed from the scrapyard, automobile dismantlers yard or public disposal area within 12 days after the notice to dispose of vehicle is mailed, disposition may proceed without further notice or administrative proceedings. Neither the City nor its contractor shall be liable for damage to a vehicle or part thereof caused by removal pursuant to this subsection.

(Ord. 716-2002 § I(part)).

The owner of a vehicle may abate the nuisance himself or herself, after receiving notice from the abatement authority. This may be accomplished by either

A. Verifying the delivery of the vehicle to a licensed dismantler for dismantling or scrap,

B. Verifying lawful storage of the vehicle within a building, or

C. Restoring the vehicle to operating condition within a reasonable time, as determined by the Vehicle Abatement Officer.

• (Ord. 716-2002 § I(part)).

A. Upon written request by the owner of the vehicle or owner of the land on which the vehicle or parts thereof is located, received by the City Administrator within ten days after the mailing of the notice(s) of intention to abate and remove, a public hearing shall be held by the hearing board 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 administrative costs and the abatement costs against the property on which it is located.

B. If the owner of the land submits a sworn written statement denying responsibility for the presence of the vehicle on his or her land within such tenday period, said statement shall be construed as a request for a hearing, which does not require his or her presence. Notice of the hearing shall be mailed, by registered or certified mail, at least ten 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.

(Ord. 716-2002 § I(part)).

10.80.160 Removal of vehicle without hearing.

If neither vehicle nor property owner requests a hearing within ten days of mailing the notice of intention to abate and remove the vehicle, or part thereof, or if both the legal owner of the vehicle and the owner of the property sign waivers authorizing removal of the vehicle, or part thereof, it may be abated by removal without a hearing. If both the legal owner of the vehicle and the owner of the property sign waivers authorizing removal of the vehicle, or part thereof, it may be abated by removal immediately. If neither vehicle nor property owner requests a hearing within ten days of mailing the notice of intention to abate and remove the vehicle, or part thereof, it may be abated fifteen days after mailing the notice of intention to abate and remove the vehicle, or part thereof. The Vehicle Abatement Officer shall direct such removal by issuance of an order, subject to conditions set forth in this chapter, excepting only the requirements of a hearing.

(Ord. 716-2002 § I(part)).

A. All hearings under this chapter shall be held before the hearing board, which shall hear all facts and testimony it deems pertinent; such facts and testimony may include testimony on the condition of the vehicle, or part thereof, and the circumstances concerning its location on the private property or public property. The hearing board shall not be limited to the technical rules of evidence. The owner of the land may appear in person at the hearing, or present a sworn statement in time for consideration at the hearing, and deny responsibility for the presence of the vehicle on the land, with his or her reasons for such denial.

B. The hearing board 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 part thereof, if, in its opinion, the circumstances justify it. At the conclusion of the public hearing, the hearing board 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 provided in this chapter and determine the administrative costs and the cost of removal to be charged against the owner of the parcel of 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.

C. If it is determined at the hearing that the vehicle was placed on the land without consent of the land owner, and that he or she has not subsequently acquiesced in its presence, the hearing board shall not assess costs of administration or removal against the property upon which the vehicle is located, or otherwise attempt to collect such costs from such land owner.

D. If an interested party makes a written presentation to the hearing board but does not appear, he or she shall be notified in writing of the decision.

E. If the owner of the land submits a sworn written statement denying responsibility for the presence of the vehicle on his or her land but does not appear, he or she shall be notified in writing of the decision.

(Ord. 716-2002 § I(part)).

A. Any interested party may appeal the decision of the hearing board by filing a written notice of appeal with the hearing board within five days after its decision.

• B. Such appeal shall be heard by City Council which may affirm, amend or reverse the order or take other action deemed appropriate.

• C. The City Clerk shall give written notice of the time and place of the hearing to the appellant and those persons specified in 10.80.150.

• D. In conducting the hearing, the City Council shall not be limited by the technical rules of evidence.

• E. No appeal may be taken from an order issued pursuant to section 10.80.160.

• (Ord. 716-2002 § I(part)).

A. The vehicle, or parts thereof, may be disposed of by removal to a scrap yard or automobile dismantler's yard upon or after occurrence of any one or more of the following:

1. Five days after adoption of the order declaring the vehicle, or part thereof, to be a public nuisance.

2. Five days from the date of mailing of notice of the decision, if such notice is required.

3. Ten days after action of hearing board authorizing removal.

4. Five days after a decision from an appeal which requires removal as part of the action.

B. If the hearing board determines that the vehicle is a public nuisance and must be removed, abatement costs and administrative costs may be specially assessed and an abatement lien recorded as provided in Government Code Sections 38773.5 and 54988.

(Ord. 716-2002 § I(part)).

If the administrative costs and the cost of removal of the vehicle which are charged against the owner of a parcel of land pursuant to this chapter are not paid within 30 days of the date of the order, the Vehicle Abatement Officer shall record an abatement lien, as is authorized by Government Code 38773.5 and/or 54988. Such costs shall also be specially assessed against the parcel and added to the property owner's tax billing as a special assessment, pursuant to Government Code section 54988. Such assessment shall have the same priority as ad valorem taxes.

(Ord. 716-2002 § I(part)).

All of the provisions of Section 22660 of the Vehicle Code are hereby adopted by reference as a part of this chapter. In the case of any conflict between the provisions of this chapter and the provisions of said Section 22660, the provisions of said Section 22660 shall prevail.

(Ord. 716-2002 § I(part)).

The provisions of this chapter shall not in any manner limit or restrict the city or any other authorized entity from enforcing city ordinances, abating statutory nuisances, or employing any remedy available at law or in equity.

(Ord. 716-2002 § I(part)).

It is unlawful and an infraction 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 chapter or state law where such state law is applicable.

(Ord. 716-2002 § I(part)).