Larkspur Municipal Code Ch. 10.60 Abatement and Removal of Abandoned Vehicles

Sections:

10.60.040 Nonexclusive Regulation. 10.60.050 Enforcement by Police Chief. 10.60.060 Contract or Franchise. 10.60.070 Administrative Costs. 10.60.080 Procedures. 10.60.090 Ten-Day Notices. 10.60.100 Request for Hearing. 10.60.110 Public Hearing before City Council. 10.60.120 Vehicle Removal. 10.60.130 Notice to Department of Motor Vehicles. 10.60.140 Costs of Removal. 10.60.150 Abandonment of Vehicle. 10.60.160 Abandonment Presumption. 10.60.170 Refusal to Remove Vehicle.

Prior ordinance history: Ord. 473 § 1.

In addition to and in accordance with the determination made and the authority granted by the state under Vehicle Code Section 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 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, 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. (Ord. 1030 § 2(8), 2018; Ord. 848 § 1, 1993; Ord. 526 § 1 (part), 1975)

As used in this chapter, the following words and phrases are defined as follows:

“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.

“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” includes 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. 1030 § 2(8), 2018; Ord. 848 § 2, 1993; Ord. 526 § 1 (part), 1975)

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.

C. The requirement that after a vehicle 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 Section 5004, in which case the vehicle may be reconstructed or made operable.

Nothing in this section shall authorize the maintenance of a public or private nuisance as defined under provisions of law other than Vehicle Code Chapter 10 (commencing with Section 22650) of Division 11 and this chapter. (Ord. 1030 § 2(8), 2018; Ord. 848 § 3, 1993; Ord. 526 § 1 (part), 1975)

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 ordinances heretofore or hereafter enacted by the City, the state, or any other legal entity or agency having jurisdiction. (Ord. 1030 § 2(8), 2018; Ord. 526 § 1 (part), 1975)

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 their 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. (Ord. 1062 § 14, 2022; Ord. 1030 § 2(8), 2018; Ord. 526 § 1 (part), 1975)

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. 1030 § 2(8), 2018; Ord. 526 § 1 (part), 1975)

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. 1030 § 2(8), 2018; Ord. 526 § 1 (part), 1975)

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. 1030 § 2(8), 2018; Ord. 526 § 1 (part), 1975)

A ten-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:

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 shown on the last equalized assessment roll of the land located at (address), you are hereby notified that the undersigned pursuant to (section of ordinance or municipal code) 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 Larkspur Municipal Code Chapter 10.60.

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 request is not received by the City of Larkspur within such 10-day period, the Police Chief 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 you 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, you may present a sworn written statement as aforesaid in time for consideration at such hearing.

Notice Mailed _______________,

(Date)

s/__________________

(Police Chief)

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 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 Larkspur Municipal Code Chapter 10.60 has determined that said vehicle (or parts of a vehicle) exist 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 Larkspur Municipal Code Chapter 10.60.

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 City of Larkspur within such 10-day period, the (locally designated officer) shall have the authority to abate and remove said vehicle (or said parts of a vehicle) without a hearing.

Notice Mailed _______________,

(Date)

s/___________________

(Police Chief)

(Ord. 1030 § 2(8), 2018; Ord. 526 § 1 (part), 1975)

Upon request by the owner of the vehicle or owner of the land received by the Police Chief within ten (10) days after the mailing of the notices of intention to abate and remove, a public hearing shall be held by the City Council 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.

If the owner of the land submits a sworn written statement denying responsibility for the presence of the vehicle on their land within such ten-day period, said statement shall be construed as a request for a hearing which does not require their presence. Notice of the hearing shall be mailed, by registered or certified mail, at least ten (10) 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 (10) 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. (Ord. 1062 § 14, 2022; Ord. 1030 § 2(8), 2018; Ord. 526 § 1 (part), 1975)

All hearings under this chapter shall be held before the City Council 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 or public property. The City Council 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 their reasons for such denial.

The City Council 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. At the conclusion of the public hearing, the City Council 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. 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.

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 they have not subsequently acquiesced in its presence, the City Council 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.

If the owner of the land submits a sworn written statement denying responsibility for the presence of the vehicle on their land but does not appear, or if an interested party makes a written presentation to the City Council, but does not appear, they shall be notified in writing of the decision. (Ord. 1062 § 14, 2022; Ord. 1030 § 2(8), 2018; Ord. 526 § 1 (part), 1975)

Five (5) days after adoption of the order declaring the vehicle or parts thereof to be a public nuisance or five (5) days from the date of mailing of notice of the decision if such notice is required by Larkspur Municipal Code Section 10.60.110, 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. (Ord. 1030 § 2(8), 2018; Ord. 526 § 1 (part), 1975)

Within five (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. 1030 § 2(8), 2018; Ord. 526 § 1 (part), 1975)

If the administrative costs and the cost of removal which are charged against the owner of a parcel of land pursuant to Larkspur Municipal Code Section 10.60.110 are not paid within thirty (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 Government Code Section 38773.5 and shall be transmitted to the tax collector for collection. Said assessment shall have the same priority as other taxes. (Ord. 1030 § 2(8), 2018; Ord. 526 § 1 (part), 1975)

It is 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 five (5) 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. (Ord. 1030 § 2(8), 2018; Ord. 526 § 1 (part), 1975)

A. The abandonment of any vehicle in a manner as provided in Larkspur Municipal Code Section 10.60.150 shall constitute the presumption that the last registered owner of record is responsible for the abandonment and is thereby liable for the cost of removal and disposition of the vehicle.

B. An owner who has made a bona fide sale or transfer of a vehicle and has delivered possession of the vehicle to a purchaser may overcome the presumption prescribed in subsection (A) of this section. by demonstrating that they have complied with Vehicle Code Section 5900 or providing other proof satisfactory to the court. (Ord. 1062 § 14, 2022; Ord. 1030 § 2(8), 2018; Ord. 848 § 4, 1993)

It is 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. (Ord. 1030 § 2(8), 2018; Ord. 848 § 5, 1993; Ord. 526 § 1 (part), 1975)