Isleton Municipal Code Ch. 5.24 Abatement of Abandoned Vehicles

As used in this chapter:

A. Vehicle shall mean a device by which any person or property may be propelled, moved, or drawn upon a highway, except a device moved exclusively by human power or used exclusively upon stationary rails or tracks.

B. Abandoned vehicle shall mean any vehicle which has been left on private property or on public property (other than highways) in such inoperable or neglected condition that the owner's intention to relinquish all further rights or interest in it may be reasonably concluded.

C. Highway shall mean a way or place of whatever nature, publicly maintained and open to the use of the public for purposes of vehicular travel. "Highway" includes streets.

D. Public property does not include "highway."

E. Police chief shall mean the chief of police of the city, or his designated representative.

F. Person shall include individuals, partnerships, ventures, corporations and associations.

G. Owner of the land shall mean the owner of the land on which the vehicle, or parts thereof, are located, as shown on the last equalized assessment roll.

H. Owner of the vehicle shall mean the last registered owner and legal owner of record.

(Ord. No. 260)

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 (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; or

C. A vehicle (or parts thereof) which is located behind a solid fence six feet in height and which is not plainly visible from a street or other public or private property.

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 division 11 of the California Vehicle Code and this chapter.

(Ord. No. 260)

A. Except as otherwise provided herein, the provisions of this chapter shall be administered and enforced by the police chief. In the enforcement of this chapter 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 vehicle or parts thereof declared to be a nuisance pursuant to this chapter.

B. If city council has contracted with or granted a franchise to any person or persons for the removal of abandoned vehicles, 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.

C. The city council shall from time to time by resolution, 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. No. 260)

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

(Ord. No. 260)

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.

(Ord. No. 260)

A. Upon receipt of a written request for hearing from the owner of the vehicle or owner of the land within ten days after the mailing of the notice of intention to abate and remove, a public hearing shall be held by the police chief 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 land within such ten-day period, said statement shall be construed as a request for a hearing which does not require his presence. Notice of the sharing 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 vehicle (or parts thereof) as a public nuisance without holding a public hearing.

C. All hearings under this chapter shall be held before the police chief, as the hearing officer who shall hear all facts and testimony deemed 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 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 reasons for such denial.

D. The hearing officer may impose such conditions and take such other action deemed appropriate under the circumstances, to carry out the purpose of this chapter. He may delay the time for removal of the vehicle, (or parts thereof) if, in his opinion, the circumstances justify it. At the conclusion of the public hearing, the hearing officer may find that a vehicle (or parts thereof) have 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 an hereinafter provided and determine the administrative costs and the cost of removal to be charges 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 on the vehicle, if available at the site.

E. 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 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.

F. 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 hearing officer but does not appear, he shall be notified in writing of the decision.

(Ord. No. 260)

A. Any interested party may appeal the decision of the hearing officer by filing a written notice of appeal with the city clerk within five days after the 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, the landowner and the vehicle owner.

D. In conducting the hearing the city council shall not be limited by the technical rules of evidence.

(Ord. No. 260)

Five days after adoption of the order declaring the vehicle (or parts thereof) to be a public nuisance, or five days after the date of mailing notice of the decisions of the city council authorizing removal following appeal, as the case may be, the vehicle (or parts thereof) may be disposed by removal to a scrap yard or automobile dismantler's yard. After a vehicle had been removed it shall not thereafter be reconstructed or made operable.

(Ord. No. 260)

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. 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. 260)

If the administrative costs and the cost of removal which are charges against the owner of a parcel of land are not paid within 30 days of the date of the removal of the vehicle, such costs may be assessed against the parcel of land pursuant to section 38773.5 of the California Government Code and shall be transmitted to the tax collector for collection. Said assessment shall have the same priority as county taxes with which it is collected.

(Ord. No. 260)

The cost of vehicle removal and administrative costs are in indebtedness of the owner or owners of the property from which the vehicle has been removed and may be collected directly by the city by the institution of a legal proceeding in any court of competent jurisdiction. In addition to such abatement costs, the owner, or owners, shall be liable for a penalty of ten percent of such costs, plus interest on the amount recovered at the legal rate. If there is more than one owner, their liability shall be joint and several. The procedure authorized by this section shall be an alternate to the assessment of abatement costs as a lien pursuant to section 5.24.100.

(Ord. No. 260)

A. It shall be unlawful for any person to abandon, park, store, or leaving of any licensed or unlicensed vehicle (or parts thereof) which is in an abandoned wrecked, dismantled or inoperative condition upon any private or public property, not including highways, within the city for a period in excess of ten days, in violation of this chapter.

B. It shall also be unlawful fur any person to fail or refuse to remove and 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 to prevent or interfere with those persons authorized to abate such nuisance under this chapter.

C. Any person violating this section of this chapter shall be deemed guilty of a misdemeanor and upon conviction thereof, shall be punishable by a fine not exceeding $500.00 or by imprisonment not to exceed six months, or both such fine and imprisonment.

(Ord. No. 260)