Loomis Municipal Code Ch. 8.04 Abandoned Vehicles

A. In accordance with the authority granted by the state of California under Section 22660 of the Vehicle Code to remove abandoned, wrecked, dismantled or inoperative vehicles or parts thereof as public nuisances, the town makes the following finding and declarations:

B. The accumulation and storage of abandoned, wrecked, dismantled or inoperative vehicles or parts thereof on private or public property, not including highways, is found to create a condition tending to reduce the value of private property, to promote blight and deterioration, 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 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. 53 § 1, 1987)

The following definitions apply 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 travel. "Highway" includes a 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 rolls.

"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. 53 § 2, 1987)

A. This chapter shall not apply to:

1. 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;

2. 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 or junk dealer, or when such storage or parking is necessary to the operation of a lawfully conducted business or commercial enterprise.

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

(Ord. 53 § 3, 1987)

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 enacted before or after the ordinance codified in this chapter by the town, the state or any legal entity or agency having jurisdiction.

(Ord. 53 § 4, 1987)

Except as otherwise provided in this chapter, the provisions of this chapter shall be administered and enforced by the town manager, or any full time employee of the town designated in writing by the town manager. In the enforcement of this chapter such persons 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. 53 § 5, 1987)

When the town council has contracted with or granted a franchise to any person or persons, such person or persons are 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. 53 § 6, 1987)

The town 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. 53 § 7, 1987)

The town council shall appoint a hearing body or officer to fulfill such duties as may be necessary under this chapter.

(Ord. 53 § 8, 1987)

Upon discovering the existence of an abandoned, wrecked, dismantled or inoperative vehicle, or parts thereof, on private property or public property within the town, the town manager has the authority to cause the abatement and removal thereof in accordance with the procedure prescribed in this chapter.

(Ord. 53 § 9, 1987)

Except where summary abatement is allowed for vehicles of under two hundred dollars in value which are inoperable due to the absence of an engine, transmission or wheels, 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. The notices of intention shall be in substantially the following form:

(Ord. 53 § 10, 1987; Ord. 84 § 7, 1990)

A. Upon request by the owner of the vehicle or owner of the parts of a vehicle received by the chief of police within ten days after the mailing of the notices of intention to abate and remove, a public hearing shall be held by the hearing body or officer 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 the ten-day period mentioned in subsection A of this section, the statement shall be construed as a request for a hearing which does not require his presence.

C. Notice of the hearing 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.

D. If such a request for hearing is not received within ten days after mailing of the notice of intention to abate and remove the vehicle or parts thereof as a public nuisance the vehicle or parts thereof shall be abated without holding a public hearing.

(Ord. 53 § 11, 1987)

A. All hearings under this chapter shall be held before the hearing body or officer, which or who shall hear all facts and testimony it or he deems pertinent. The facts and testimony may include testimony on the condition of the vehicle or parts thereof and the circumstances concerning its location on the private property or public property. The hearing body or 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.

B. The hearing body or officer may impose conditions and take such other action as it or he deems appropriate under the circumstances to carry out the purpose of this chapter. It or he may delay the time for removal of the vehicle or parts thereof if in its or his opinion the circumstances justify it.

C. At the conclusion of the public hearing, the hearing body or 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 disposed of as provided in this chapter and determine the administrative costs and the costs 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.

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 has not subsequently acquiesced in its presence, the hearing body or 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 the owner of the land.

(Ord. 53 § 12, 1987)

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 body or officer but does not appear, he or she shall be notified in writing of the decision.

(Ord. 53 § 13, 1987)

A. Any interested party may appeal the decision of the hearing body or officer by filing a written notice of appeal with the hearing body or officer within five days after its or his or her decision.

B. An appeal as contemplated in subsection A of this section shall be heard by the town 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 appeal hearing to the appellant and to the other directly involved parties.

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

(Ord. 53 § 14, 1987; Ord. 207 § 27, 2003)

Ten days after adoption of the order declaring the vehicle or parts thereof to be a public nuisance, or ten days from the date of mailing of notice of decision if such notice is required by Sections 8.04.120, 8.04.130 or 8.04.140 after such action of the town council authorizing removal following appeal, the vehicle or parts thereof may be disposed of by removal to a scrap yard or automobile dismantler's yard, or any other authorized site. After such vehicle is removed it shall not thereafter be reconstructed or made operable, unless it is a vehicle which qualifies for either horseless carriage license plates or for historical vehicle license plates, pursuant to Section 5004 of the Vehicle Code, in which case the vehicle may be reconstructed or made operable.

(Ord. 53 § 15, 1987)

Within five days after the date of removal of the vehicles 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. 53 § 16, 1987)

If the administrative costs of removal which are charged against the owner of a parcel of land pursuant to Section 8.04.120 are not paid within thirty days of the date of the order, or final disposition of an appeal therefrom, such costs shall be assessed against the parcel of land.

(Ord. 53 § 17, 1987)

The town council may enter into an agreement with the California Highway Patrol for the administration of the provisions of the Vehicle Code of the state of California.

(Ord. 53 § 18, 1987)