Hillsborough Municipal Code Ch. 8.24 Abandoned, Wrecked, Dismantled or Inoperative Vehicles

In addition to and in accordance with the determination made and the authority granted by the state of California under Section 22660 of the Vehicle Code to remove abandoned, wrecked, dismantled or inoperative vehicles as public nuisances, the city council of the town makes the following findings and declarations. The accumulation and storage of abandoned, wrecked, dismantled or inoperative vehicles 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, on private or public property including highways, except as expressly hereinafter permitted is declared to constitute a public nuisance which may be abated as such in accordance with the provisions of this chapter.

(Ord 615 § 1,3, 2001; Ord. 518, 1993, Ord. 320 § 1, 1972: prior code § 50.22.20 (part))

As used in this chapter:

A. "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.

B. "Owner of the land" means the owner of the land on which the vehicle is located as shown on the last equalized assessment roll.

C. "Owner of the vehicle" means the last registered owner and legal owner of record.

D. "Public property" includes "highway."

E. "Vehicle" means a device by which any person or property may be propelled, moved or drawn or upon a highway, except a device moved by human power or used exclusively upon stationary rails or tracks. The term "vehicle" also means any part of such vehicle.

(Ord 615 §§ 2,3, 2001; Ord. 518, 1993, Ord. 320 § 1 (part), 1972: prior code § 50.22.20 (part))

A. It shall be unlawful and an infraction for any person to abandon, park, store, or leave or permit the abandonment, parking, storing or leaving of any licensed or unlicensed vehicle which is in abandoned, wrecked, dismantled or inoperative condition upon any private property or public property including highways within the town for a period in excess of five days unless such vehicle 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.

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 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. 615 §§ 3 (part),4, 2001; Ord. 518, 1993, Ord. 320 § 2, 1972: prior code § 50.22.20 (part))

A. This chapter shall not apply to:

1. A vehicle 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;

2. A vehicle 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 junkyard, or when such storage or parking is necessary to the operation of a lawfully conducted business or commercial enterprise. (This paragraph, which is required by California Vehicle Code section 22661, shall not be deemed to authorize or allow the conduct of a dismantler, vehicle dealer or junkyard in town or the conduct of any business or commercial enterprise except as permitted under Chapter 17.16.)

B. The fact that a vehicle described in subsection (A) above is excepted from being deemed a nuisance under this chapter of the Hillsborough Municipal Code or under Chapter 10 of Division 11 of the California Vehicle Code, on which this chapter is based, shall not be deemed to prevent such vehicle from being found to be a nuisance under any other applicable provision of Hillsborough or California or other law.

(Ord. 615 §§ 3 (part),5,6, 2001; Ord. 320 § 1 (part), 1972: prior code § 50.22.20 (part))

Except as otherwise provided herein, the provisions of this chapter shall be administered and enforced by the chief of police or the chief's designee.

(Ord 615 § 7, 2001: Ord. 320 § 1 (part), 1972: prior code § 50.22.20 (part))

A. In the enforcement of this chapter, the chief of police and the officers of the police department or any designee of the chief or of an officer may enter upon private or public property to examine a vehicle or to obtain information as to the identity of a vehicle and to remove or cause the removal of a vehicle declared to be a nuisance pursuant to this chapter.

B. When the town has contracted with any person or persons to remove or cause the removal of a vehicle declared to be a nuisance pursuant to this chapter, such person or persons shall be authorized to enter upon private or public property and accomplish the removal.

(Ord 615 § 8, 2001: Ord. 320 § 1 (part), 1972: prior code § 50.22.20 (part))

The city council shall from time to time determine and fix by resolution an amount to be assessed as administrative costs (excluding the actual cost of removal of any vehicle) under this chapter.

(Ord. 615 §§ 3 (part),9, 2001; Ord. 320 § 1 (part), 1972: prior code § 50.22.20 (part))

Upon discovering the existence of an abandoned, wrecked, dismantled or inoperative vehicle on private property or public property within the town, the chief of police shall have the authority to cause the abatement and removal thereof in accordance with applicable state and local law, including, without limitation, the procedures set forth in this chapter.

(Ord. 615 §§ 3 (part),10, 2001; Ord. 320 § 1 (part), 1972: prior code § 50.22.20 (part))

A ten-day notice of intention to abate and remove the vehicle as a public nuisance shall be mailed by registered mail to the owner of the land and, unless the vehicle is in such condition that identification numbers are not available to determine ownership, to the owner of the vehicle. The notices of intention shall be in substantially the following forms:

A. Notice to Land Owner

NOTICE OF INTENTION TO ABATE AND REMOVE AN ABANDONED, WRECKED, DISMANTLED, OR INOPERATIVE VEHICLE OR PARTS THEREOF, AS A PUBLIC NUISANCE

As owner shown on the last equalized assessment roll of the land located at (address), you are hereby notified that the undersigned, pursuant to Chapter 8.24 of the Hillsborough Municipal Code, has determined that there exists upon your land an abandoned, wrecked, dismantled or inoperative vehicle (or vehicle parts) registered to _______, License Number _______, which constitutes or constitute a public nuisance pursuant to the provisions of Section 8.24.010 of Chapter 8.24 of the Hillsborough Municipal Code.

You are hereby notified to abate the nuisance by removing the vehicle (or vehicle parts) within ten (10) days after the date of mailing of this notice. You are further notified that if you fail to do so, the vehicle (or vehicle parts) will be abated and removed by the town, and the costs thereof will be assessed to you as owner of the land on which the vehicle (or vehicle parts) is or are located.

As owner of the land on which the vehicle (or vehicle parts) is or are located, you may, within ten (10) days after the date of mailing of this notice of intention, request a public hearing. However, if your request is not received by the chief of police within the same ten-day period, the chief of police or the chief's designee shall have the authority to abate and remove the vehicle (or vehicle parts) as a public nuisance and assess the above described costs without a public hearing.

You may submit a sworn, written statement within the same ten-day period denying responsibility for the presence of the vehicle (or vehicle parts) on your land, along with your reasons for denying responsibility, and your 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 you may instead present a sworn, written statement, in time for consideration at the hearing.

Notice mailed:_______.

/s/_______ Chief of Police

B. Notice to Vehicle Owner

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 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 Chapter 8.24 of the Hillsborough Municipal Code, has determined that the above described vehicle (or vehicle parts) exists or exist as an abandoned, wrecked, dismantled or inoperative vehicle located at _______ and constitutes or constitute a public nuisance pursuant to the provisions of Section 8.24.010 of the Hillsborough Municipal Code.

You are hereby notified to abate this nuisance by removing the vehicle (or vehicle parts) within ten (10) days after the date of mailing of this notice.

As registered and/or legal owner of record of the vehicle (or vehicle parts), you may, within ten (10) days after the date of mailing of this notice of intention, request a public hearing. However, if your request is not received by the chief of police within the same ten-day period, the chief of police or the chief's designee shall have the authority to abate and remove the vehicle (or vehicle parts) as a public nuisance without a public hearing.

Notice mailed:_______.

/s/_______ Chief of Police

(Ord. 615 § 11, 2001: Ord. 320 § 1 (part), 1972: prior code § 50.22.20(A))

A. Upon request (by the owner of the vehicle or by the owner of the land) received by the chief of police within ten days after the mailing of the notice of intention to abate and remove, a public hearing shall be held by the chief of police or the chief's designee on the question of abatement and removal of the vehicle as an abandoned, wrecked, dismantled or inoperative vehicle, and the assessment of the administrative costs and the cost of removal of the vehicle against the owner of the land on which the vehicle is located.

B. If the owner of the land submits, within the same ten-day period, a sworn, written statement denying responsibility for the presence of the vehicle on his or her land, this statement shall be construed as a request for a hearing that does not require the owner's presence.

C. At least ten days before the hearing, the police department shall mail notice of the hearing, 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 of the vehicle).

D. If a hearing request under subsection (A) or (B) above is not received within ten days after mailing of the notice of intention to abate and remove, the town shall have the authority to abate and remove the vehicle as a public nuisance without holding a public hearing.

(Ord 615 § 12, 2001: Ord. 320 § 1 (part), 1972: prior code § 50.22.20(B))

A. All hearings under this chapter shall be held before the hearing officer, which shall be the chief of police or the chief's designee, which shall hear all facts and testimony he or she deems pertinent. The facts and testimony may include testimony on the condition of the vehicle and the circumstances concerning its location on the private 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 hearing officer 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. He or she may delay the time for removal of the vehicle if, in his or her opinion, the circumstances justify it.

C. At the conclusion of the public hearing, the hearing officer may find that a vehicle 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 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 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 appear, he or she shall be notified in writing of the decision.

(Ord. 615 § 3 (part),13—15, 2001; Ord. 320 § 1 (part), 1972: prior code § 50.22.20(C))

Any interested party may appeal the decision of the hearing officer by filing a written notice of appeal with the hearing officer within five days after the decision. The appeal shall be heard by the city manager or the city manager's designee, who may affirm, amend or reverse the order or take other action deemed appropriate. The city clerk shall give written notice of the time and place of the hearing on the appeal to the appellant and to those persons specified in Section 8.24.090. If the written notices are mailed, as opposed to faxed or hand delivered, at least two business days shall intervene between the day on which the notice is mailed and the day on which the hearing is convened. In conducting the hearing, the city manager or the city manager's designee shall not be limited by the technical rules of evidence.

(Ord. 615 § 16, 2001)

Eleven days after mailing of the notice of intention to abate a public nuisance, if no hearing is requested, or five days after adoption of the order declaring the vehicle to be a public nuisance, or five days from the date of mailing of the notice of the decision if such notice is required by subsection (E) of Section 8.24.110, or fifteen days after a decision by the city manager or the city manager's designee authorizing removal following appeal, the vehicle may be disposed of by removal to a scrap yard or automobile dismantler's yard, but it may not be reconstructed or made operable thereafter unless it qualifies for horseless carriage or historical vehicle license plates.

(Ord 615 § 3,17, 2001; Ord. 320 § 1 (part), 1972: prior code § 50.22.20(D))

A. Immediately after removal of the vehicle, the chief of police or the chief's designee shall give notice of the removal to the Stolen Vehicle System of the Department of Justice in Sacramento, California.

B. Within five days after the date of removal of the vehicle, the chief of police or the chief's designee shall give notice to the Department of Motor Vehicles identifying the vehicle and any evidence of registration available, including, but not limited to, the registration card, certificates of ownership, or license plates.

(Ord. 615 § 18, 2001: Ord. 518, 1993)

If the administrative costs and the costs of removal which are charged against the owner of a parcel of land pursuant to Section 8.24.110 are not paid within thirty days of the date of the order, or final disposition of an appeal therefrom, such costs may either be (i) assigned to a collection agency for collection or (ii) assessed against the parcel of land pursuant to Section 38773.5 of the Government Code and transmitted to the tax collector for collection. Such assessment shall have the same priority as other city taxes.

(Ord. 615 § 19; Ord. 320 § 1 (part), 1972: prior code § 50.22.20(F))

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

(Ord. 320 § 1 (part), 1972: prior code § 50.22.20 (part))