Jackson Municipal Code Ch. 10.38 Abandoned Vehicle Abatement

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, from private or public property, abandoned, wrecked, dismantled or inoperative vehicles or any parts thereof as public nuisances, the city council makes the following findings and declarations:

B. The accumulation and storage of abandoned, wrecked, dismantled or inoperative vehicles or any parts thereof on private or public property 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 nuisancecreating hazard to the health and safety of children, 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 any part thereof, on private or public property, except as expressly hereinafter permitted, is declared to constitute a public nuisance which may be abated as such in this chapter.

(Ord. 573 §1, 1995)

As used in this chapter:

"Abandoned vehicle"

means a motor vehicle left on a highway, public property, or private property in such an inoperable or neglected condition that it may be reasonably inferred that the owner's intention is to relinquish all further rights or interests in the vehicle.

"Authority"

means the Amador County Abandoned Vehicle Authority.

"County"

means Amador County, California.

"Designated employee" or "designee"

means a city employee, a representative of the Amador County Sheriff's Office and/or the code enforcement division of the Amador County Land Use Agency or the Amador County Community Development Agency, a representative of the authority, or employees from another agency designated in writing by the city manager.

"Dismantled vehicle"

means any motor vehicle that is partially or wholly disassembled.

"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 a street, and all or any part of the entire width of the right-of-way of said highway.

"Inoperative vehicle"

means any motor vehicle that cannot move under its own power.

"Public property"

includes streets and "highways."

"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.

"Wrecked vehicle"

means any motor vehicle that is damaged to such an extent that it cannot lawfully be operated upon the highway. A vehicle which has been wrecked in a traffic collision, then removed from the roadway to a storage facility, but not yet claimed by its owner, will not be considered an abandoned vehicle.

(Ord. 573 §1, 1995; Ord. 723 §5, 2022)

This chapter shall not apply to:

A. A vehicle or any part 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 any part 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 a licensed junk dealer, or when such storage or parking is necessary to the operation of a lawfully conducted business or commercial enterprise; or

C. Nothing in this section shall authorize the maintenance of a public or private nuisance as defined under the provisions of law.

(Ord. 573 §1, 1995)

The provisions of this chapter are not the exclusive regulation of abandoned, wrecked, dismantled or inoperative vehicles. It is in addition to the other regulatory codes, statutes and ordinances heretofore or hereafter enacted by the city, the county, the state or any other legal entity or agency having jurisdiction.

(Ord. 573 §1, 1995)

Except as otherwise provided herein, the provisions of this chapter may be administered and enforced by the city manager, designated employee(s) or abatement official(s). In enforcing this chapter, designated employee(s) or abatement official(s) may enter upon private or public property to examine a vehicle or parts there-of, 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; provided, however, that such entry shall be made in a lawful manner.

(Ord. 573 §1, 1995; Ord. 723 §6, 2022)

When the city or authority have 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; provided, however, that such entry shall be made in a lawful manner.

(Ord. 573 §1, 1995; Ord. 723 §7, 2022)

The city council or authority, by resolution, 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 part thereof) under this chapter. Such amount shall be based on an analysis of the staff time reasonably necessary to process each case involving the removal of a vehicle and shall not exceed the good-faith estimate of such administrative costs based on such analysis.

(Ord. 573 §1, 1995; Ord. 723 §8, 2022)

A. Unless both the property owner and the owner of the vehicle have signed releases authorizing removal and waiving further interest in the vehicle or any part thereof, not less than ten days before the date of intended removal of the vehicle pursuant to the provisions of this chapter, a notice of intention to abate and remove the abandoned, wrecked, dismantled or inoperative vehicle shall be sent by the city manager, designated employee or abatement official by registered or certified mail, to the owner of the land on which the vehicle is located, as shown on the last equalized assessment roll, and to the last registered and legal owners of the vehicle, unless the vehicle is in such condition that identification numbers are not available to determine ownership. It shall not be a prerequisite to removal of the vehicle pursuant to this section that the return receipt be received showing delivery of the notice.

B. Such notice of intention shall contain a statement that the owner of the property and the owner of the vehicle have a right to request a hearing before the designated employee or abatement official, at which hearing the property owner may in lieu of appearing, submit a sworn written statement denying responsibility for the presence of the vehicle on the land, with his or her reasons for such denial. If such a statement is submitted, it shall be construed as a request for hearing on the issue of assessment of costs which does not require the presence of the property owner submitting such request, although the submission of such a statement shall not preclude the owner from presenting testimony at the hearing if he or she should decide to do so. If, based on the inspection by the designated employee, abatement official or his/her designated representative, there is evidence that a known third party who is not the property owner or the vehicle owner left the vehicle on the property without the consent of the vehicle owner or the property owner, the notice referenced above in this section shall be sent to said third party in the manner specified in this section, at the best known address available to the designated employee or abatement official. The request shall be made to the designated employee or abatement official within ten days after the mailing of the notice of intention to abate and remove the vehicle. If such a request is not received within such period, the designated employee or abatement official shall have authority to remove or cause the removal of the vehicle.

(Ord. 573 §1, 1995; Ord. 723 §9, 2022)

If either the property owner or the vehicle owner requests a hearing within ten days after the mailing of the notice of intention to abate and remove the vehicle, the person or persons making such request shall be entitled to a hearing before the designated employee or abatement official, who shall hear all facts and testimony the designated employee deems pertinent.

(Ord. 573 §1, 1995; Ord. 723 §10, 2022)

A. Any interested party may appeal the decision of the designated employee or abatement official by filing a written notice of appeal with the designated employee or abatement official within five days of his or her decision. Appellant shall pay an appeal fee of seventy-five dollars when filing an appeal with the city council or the authority. No such appeal fee shall be required unless the appeal is from such hearing.

B. Such appeal shall be heard by the city council or authority, which may affirm, amend, or reverse the order or take such other action as it deems appropriate.

C. The city council or authority shall give written notice of the time and place of the hearing to the appellant and those persons specified as entitled to notice under Section 10.38.080 of this chapter.

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

(Ord. 573 §1, 1995; Ord. 723 §11, 2022)

A. If no request for a hearing is received by the city manager, designated employee(s) or abatement official(s) within ten days after the notice is mailed, or both the property owner and the owner of the vehicle have signed releases authorizing removal and waiving further interest in the vehicle, and the city manager, designated employee(s) or abatement official(s) finds, at the conclusion of the hearing, that the vehicle or part thereof is abandoned, wrecked, dismantled, or inoperative within the meaning of this chapter, and in the event of an appeal to the city council, the city council upholds the findings of the city manager, designated employee(s) or abatement official(s), then the city manager, designated employee(s) or abatement official(s) may order the vehicle removed from the property as a public nuisance and disposed of as hereinafter provided, and determine the administrative costs and the costs of removal to be charged against the owner of the vehicle, the owner of the property on which it is located, and/or the person who placed the vehicle on the property if that fact has been determined at the hearing.

B. The city manager, designated employee(s) or abatement official(s) may impose such conditions and take such other action as he or she deems appropriate under the circumstances to carry out the purposes of this chapter, including, without limitation, delaying the time for removal of the vehicle or part there-of if, in his or her opinion, the circumstances justify it. If the vehicle is ordered removed, the order shall include a description of the vehicle or part thereof and the correct identification number and license number, if available.

(Ord. 573 §1, 1995; Ord. 723 §12, 2022)

A hearing as provided above in this chapter shall not be required under the following circumstances:

A. When both the property owner and the owner of the vehicle have signed releases authorizing removal and waiving further interest in the vehicle or any part thereof; or

B. When the property owner has signed a release authorizing removal and waiving further interest in the vehicle or any part thereof and the vehicle is located upon a parcel which is:

1. Either zoned for agricultural use, or is not improved with a residential structure containing one or more dwelling units, and

2. Inoperable due to the absence of a motor, transmission, or wheels and is incapable of being towed, and

3. Valued at less than three hundred dollars by the city manager, designated employee(s) or abatement official(s), the Jackson police chief or any of his or her officers, or any California Highway Patrol officer, and

4. Determined by the city manager or his/her designee to be a public nuisance presenting an immediate threat to public health or safety.

(Ord. 573 §1, 1995; Ord. 723 §13, 2022)

Vehicles or any parts thereof removed pursuant to this chapter may be disposed of by removal to a scrap yard, automobile dismantler's yard, or any suitable site to receive junk and/or dismantled vehicles.

(Ord. 573 §1, 1995)

After a vehicle or any part thereof has been removed, it shall not 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. 573 §1, 1995)

Within five days after the date of removal of the vehicle pursuant to this chapter, notice shall be given by the city manager, designated employee(s) or abatement official(s) to the Department of Motor Vehicles, identifying the vehicle or any part thereof, and any evidence of registration available, including, but not limited to, the registration card, certificates of ownership, or license plates.

(Ord. 573 §1, 1995; Ord. 723 §14, 2022)

Other than a peace officer or employee of a sheriff's department, an employee or abatement official designated to remove vehicles pursuant to Section 22669 of the Vehicle Code may do so only after he or she has mailed or personally delivered a written report identifying the vehicle and its location to the Department of California Highway Patrol located nearest to the vehicle.

(Ord. 573 §1, 1995; Ord. 723 §15, 2022)

If the administrative costs and costs of removal are charged against the owner of the land pursuant to Section 10.38.110 and are not paid within thirty 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 Section 38773.5 of the Government Code, and shall be transmitted to the finance officer for collection subject to collection in any manner specified in said section. Such assessment shall have the same priority as other municipal taxes.

(Ord. 573 §1, 1995)

If the administrative costs and costs of removal are not paid within thirty days after the date of the order, or the final disposition of an appeal therefrom, the city manager, the designated employee(s) or abatement official(s) shall have the right, in addition to any other manner provided by law for the collection of such costs, to recover such administrative costs and costs of removal from the property, the registered owner and/or legal owner of any vehicle removed from property pursuant to this chapter, and/or from the third party, if any, responsible for placing such vehicle on the property from which it was removed in an action in a court of competent jurisdiction over the amount of such costs.

(Ord. 573 §1, 1995; Ord. 723 §16, 2022)

It is unlawful and a misdemeanor 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 state law is applicable. This offense is punishable by a fine of not more than five hundred dollars or imprisonment in the city jail not to exceed six months, or by both such fine or imprisonment.

(Ord. 573 §1, 1995)