Guadalupe Municipal Code Ch. 10.36 Abatement of Abandoned Vehicles

A. In addition to and 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, 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 health and safety of minors, to create a harborage for rodents and insects, and to be injurious to the health, safety and general welfare.

B. 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 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. 222 §1, 1982)

As used in this chapter:

"Highway"

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

"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.

"Owner of the vehicle"

means the last registered owner and legal owner of record.

"Public property"

does not include "highway."

"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.

(Ord. 222 §1, 1982)

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. A vehicle which is not plainly visible from a highway, from other property open to the public, or from adjoining private property; or

C. 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.

(Ord. 222 §2, 1982)

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 and ordinance heretofore or hereafter enacted by the City, the State, or any other legal entity or agency having jurisdiction.

(Ord. 222 §3, 1982)

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 Police Department shall have the authority to cause the abatement and removal thereof in accordance with the procedure prescribed in this chapter.

(Ord. 222 §7, 1982)

A 10-day notice of intention to abate and remove the vehicle, or parts thereof, as a public nuisance shall be mailed by registered or certified 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. 222 §8, 1982)

A. Upon request by the owner of the vehicle or owner of the land received by the Police Department within 10 days after the mailing of the notices of intention to abate and remove, a public hearing shall be held by the Police Chief, or designated representative, 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 10-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 or certified mail, at least 10 days before the hearing, to the owner of the land and to 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 the 10 days after mailing of the notice of intention to abate and remove, the Police Department shall have the authority to abate and remove the vehicle or parts thereof as a public nuisance, without holding a public hearing.

(Ord. 222 §9, 1982)

A. All hearing under this chapter shall be held before the Police Chief or his or her designated representative, which shall hear all facts and testimony may include testimony on the condition of the vehicle or parts thereof and the circumstances concerning its location on said private property or public property. The hearing officer 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 or her reasons for such denial.

B. The Police Chief or his or her designated representative may impose such conditions and take such other action as he or she deems appropriate under the circumstances to carry out the purpose of this chapter.

C. 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 hearing officer 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 may determine the administrative costs and the cost or 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.

D. 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 hearing officer 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.

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, or if an interested party makes a written presentation to the hearing officer but does not appeal, he or she shall be notified in writing of the decision.

(Ord. 222 §10, 1982)

A. Any interested party may appeal the decision of the hearing officer by filing a written notice of appeal with the hearing officer within 5 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 Section 10.36.060.

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

(Ord. 222 §11, 1982)

Except as otherwise provided in this chapter, the provisions of this chapter shall be administered and enforced by the Police Department. In the enforcement of this chapter, officers or employees of the Police Department 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. 222 §4, 1982)

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.

(Ord. 222 §5, 1982)

A. Five days after adoption of the order declaring the vehicle or parts thereof to be a public nuisance, 5 days from the date of mailing of notice of the decision, if such notice is required by Section 10.36.080, or 15 days after such action of the governing body authorizing removal following appeal, the vehicle or parts thereof may be disposed of as provided by regulations adopted by the City Council.

B. After a vehicle has been removed, it shall not thereafter 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 Section 5004, in which case the vehicle may be reconstructed or made operable.

(Ord. 222 §12, 1982)

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.

(Ord. 222 §6, 1982)

If administrative costs and the cost of removal are charged against the owner of a parcel of land pursuant to Section 10.36.090 of this chapter, and are paid within 30 days of the date of the order, of the final disposition of an appeal therefrom, 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. The assessment shall have the same priority as other City taxes.

(Ord. 222 §14, 1982)

Within 5 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. 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. 222 §13, 1982)

Any person guilty of violating any of the provisions of this chapter, or performing any act declared by this chapter to be unlawful, shall be deemed guilty of an infraction, and upon conviction thereof shall be punished by a fine in accordance with the general penalty provision then in effect in the City, pursuant to Chapter 1.08 of this code, as amended.

(Ord. 222 §16, 1982; Ord. 86-271 §43)