Chapter 92 — ABANDONED VEHICLES

(A) In addition to and in accordance with the determination made and the authority granted by the state under Cal. Vehicle Code § 22660 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 chapter. (B) For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates, or requires, a different meaning.

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.

PUBLIC PROPERTY. Does not include HIGHWAY .

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.

OWNER OF THE VEHICLE. The last registered owner and legal owner of record.

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.

(Prior Code, § 3701) (Ord. 9, passed 8-3-1960; Ord. 123, passed 6-7-1971)

This chapter shall not apply to:

(A) A vehicle, or parts 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; or

(B) (1) 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, a junk dealer, or when such storage or parking is necessary to the operation of a lawfully-conducted business or commercial enterprise.

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

(Prior Code, § 3702) (Ord. 92, passed 1-15-1968; Ord. 123, passed 6-7-1971)

This chapter 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, ordinances heretofore or hereafter

enacted by the city, the state, or any other legal entity or agency having jurisdiction. (Prior Code, § 3703) (Ord. 92, passed 1-15-1968; Ord. 123, passed 6-7-1971)

Except as otherwise provided herein, the provisions of this chapter shall be administered and enforced by City Chief of Police. In the enforcement of this chapter such officer and his or her 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 parts thereof) declared to be a nuisance pursuant to this chapter. (Prior Code, § 3704) (Ord. 92, passed 1-15-1968; Ord. 123, passed 6-7-1971)

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.

(Prior Code, § 3705) (Ord. 92, passed 1-15-1968; Ord. 123, passed 6-7-1971)

The City Council shall from time to time determine and fix an amount to be assessed as administrative costs (excluding the actual cost of removal of any vehicle or parts thereof) under this chapter. (Prior Code, § 3706) (Ord. 92, passed 1-15-1968; Ord. 123, passed 6-7-1971)

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 City Chief of Police shall have the authority to cause the abatement and removal thereof in accordance with the procedure prescribed herein. (Prior Code, § 3707) (Ord. 92, passed 1-15-1968; Ord. 123, passed 6-7-1971)

(A) 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.

(B) The notices 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 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 (ordinance or municipal code chapter number).

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 Grover Beach Planning Commission within such 10 day period, the Chief of Police 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 10 day period denying responsibility for the presence of said vehicle (or said parts of a vehicle) on said land, with your reasons for denial, and such statement shall be construed as a request for 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 at such hearing.

Notice mailed s/

(date) CHIEF OF POLICE

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 or vehicle–notice

should be given to both if different.)

As last registered (and/or legal) owner of record of (description of vehicle–make, model, license, etc.) you are hereby notified that the undersigned pursuant to Grover Beach Municipal Code § 92.07 has determined that said 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 Grover Beach Municipal Code § 92.01.

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 Grover Beach Planning Commission within such 10 day period, the Chief of Police shall have the authority to abate and remove said vehicle (or said parts of a vehicle) without a hearing.

Notice Mailed s/

(date) CHIEF OF POLICE

(Prior Code, § 3708) (Ord. 92, passed 1-15-1968; Ord. 123, passed 6-7-1971)

(A) Upon request by the owner of the vehicle or owner of the land received by the Chief of Police within ten days after the mailing of the notices of intention to abate and remove, a public hearing shall be held by the City Planning Commission 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.

(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 ten-day period, the 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 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. If such a request for hearing is not received within said ten days after mailing of the notice of intention to abate and remove, the city shall have the authority to abate and remove the vehicles or parts thereof as a public nuisance without holding a public hearing. (Prior Code, § 3709) (Ord. 91, passed 1-2-1968; Ord. 123, passed 6-7-1971)

(A) All hearings under this chapter shall be held before the City Planning Commission 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 Planning Commission 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 any responsibility for the presence of the vehicle on the land, with his or her reasons for such denial.

(B) (1) The City Planning Commission 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.

(2) At the conclusion of the public hearing, the City Planning Commission 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.

(3) 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.

(C) 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 or she has not subsequently acquiesced in its presence, the City Planning Commission 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.

(D) 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, or if an interested party makes a written presentation to the City Planning Commission but does not appear, he or she shall be notified in writing of the decision. (Prior Code, § 3710) (Ord. 91, passed 1-2-1968; Ord. 123, passed 6-7-1971

(A) Any interested party may appeal the decision of the City Planning Commission by filing a written notice of appeal with the said City Planning Commission within five days after its decision.

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

(C) The Clerk shall give written notice of the time and place of the hearing to the appellant and those persons specified in § 92.08 .

(D) In conducting the hearing the City Council shall not be limited by the technical rules of evidence. (Prior Code, § 3711) (Ord. 92, passed 1-15-1968; Ord. 123, passed 6-7-1971)

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 § 92.10, or 15 days after such action of the governing body authorizing removal following appeal, 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.

(Prior Code, § 3712) (Ord. 92, passed 1-15-1968; Ord. 123, passed 6-7-1971)

(A) 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 thereof removed.

(B) 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.

(Prior Code, § 3713) (Ord. 92, passed 1-15-1968; Ord. 123, passed 6-7-1971)

If the administrative costs and the cost of removal which are charged against the owner of a parcel of land pursuant to § 92.10 are not paid within 30 days of the date of the order, or the final disposition of an appeal therefrom, such costs shall be assessed against the parcel of land pursuant to Cal. Government Code § 38773.5 and shall be transmitted to the Tax Collector for collection. Said assessment shall have the same priority as other city taxes. (Prior Code, § 3714) (Ord. 92, passed 1-15-1968; Ord. 123, passed 6-7-1971)

Nothing contained herein shall be deemed to impose any liability upon the city, its officers or employees, nor to relieve the owner of any private property or vehicle from any duty of his or hers. (Prior Code, § 3717) (Ord. 123, passed 6-7-1971)

IMPOUND RELEASE FEE

(A) (1) It is the intent of this chapter to recover the costs involved in the lawful impounding of private vehicles pursuant to the specific Cal. Vehicle Code sections which result from some unlawful act or omission by the owner or driver.

(2) This would be accomplished by establishing a fee to obtain a vehicle impound release from the Police Department. The vehicle impound release is evidence that the Police Department has removed its hold on the vehicle.

(B) The form will be required to obtain the release of the vehicle from the towing company. Through the enactment of a vehicle impound release fee, it is hoped that the persons having their vehicle impounded by the Police Department as a result of their disobedience of the law will correct the unlawful conditions causing the impound and eliminate the need for further enforcement.

(C) By doing so, existing police resources can be more effectively and efficiently deployed toward higher priority safety situations.

(Prior Code, § 3751) (Ord. 94-8, passed 9-6-1994)

Any term defined in this chapter shall have the meaning contained therein for the purpose of this chapter unless otherwise expressly stated or the content clearly indicates a different intention. (Prior Code, § 3752) (Ord. 94-8, passed 9-6-1994)

(A) There is imposed a fee upon any vehicle’s current registered owner, the legal owner, or his or her designate, seeking to obtain a vehicle impound release from the Police Department where such vehicle has been impounded pursuant to the provisions of the state’s Vehicle Code.

(B) Such a vehicle impound release indicates to the towing company in possession of the impounded vehicle that the Police Department no longer has a hold on the vehicle and that it is cleared to be released. The vehicle impound release fee shall be set forth by resolution.

(Prior Code, § 3753) (Ord. 94-8, passed 9-6-1994)

Vehicles deemed as impounded by the Police Department shall be subject to the imposition of the vehicle impound release fee at the time such release is sought by the owner. (Prior Code, § 3754) (Ord. 94-8, passed 9-6-1994)

The vehicle impound release fee shall not be applied to impounded vehicles which meet any of the following criteria:

(A) When the vehicle is a recovered stolen vehicle and the vehicle is being released to the registered owner, or his or her designate (Cal. Vehicle Code § 22651(c));

(B) When the vehicle was taken as evidence, or as the container of evidence or as a part of a criminal investigation and the owner of the vehicle was a witness to or a victim of a crime and not the suspect in such investigation;

(C) When the vehicle was impounded in error;

(D) When the Chief of Police, or his or her designate, determines after a post-storage hearing where one has been requested that the facts disclosed at such hearing warrant a waiver of the fee; and

(E) When the vehicle was stored pursuant to an injured or ill driver of an accident (Cal. Vehicle Code § 22651(g)). (Prior Code, § 3755) (Ord. 94-8, passed 9-6-1994)

(A) 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 property or public property not including highways within the city for a period in excess of 15 days unless such vehicle or parts thereof is completely enclosed within a 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, or a junkyard.

(Prior Code, § 3715)

(B) It shall be unlawful and a misdemeanor for any person to fail or refuse to remove an abandoned, wrecked, dismantled, or inoperative vehicle, or parts 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. (Prior Code, § 3716)

(Ord. 123, passed 6-7-1971)