Los Altos Hills Municipal Code Ch. 5 Abatement and Removal of Abandoned and Other Vehicles

Note: Renumbered during 2008 republication from Ch. 6 to Ch. 5.

For the purposes of this chapter, unless otherwise apparent from the context, certain words and phrases used in this chapter are defined as follows:

Chief of Police

means the Chief of Police of the Town and his or her authorized representatives.

City

means the Town of Los Altos Hills.

City Clerk

means the City Clerk of the Town.

City Manager

means the City Manager of the Town.

Council

means the City Council of the Town.

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" shall include "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.

Person

means individuals, firms, associations, partnerships, joint ventures, and corporations and the agents, employees, or representatives thereof.

Public property

shall 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.

(§ 2, Ord. 220, eff. December 6, 1974)

The provisions of 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 of historic value, as defined in the Vehicle Code of the State, or as hereafter amended, or one which is a vintage or antique vehicle; or

(c) A vehicle, or parts thereof, actively being used in connection with a school or personal project of any student or youth, so long as such vehicle is housed as provided in subsection (a) of this section.

(§ 2, Ord. 220, eff. December 6, 1974)

The provisions of this chapter are not the exclusive regulation of abandoned, wrecked, dismantled, or inoperative vehicles within the City. The provisions of this chapter shall supplement and be in addition to the provisions of this Code and the other regulatory codes, statutes, and laws heretofore or hereafter enacted by the City, the State, or any other legal entity or agency having jurisdiction.

(§ 2, Ord. 220, eff. December 6, 1974)

Except as otherwise provided in this chapter, the provisions of this chapter shall be administered and enforced by the Chief of Police. In the enforcement of the provisions of this chapter, such officer and his or her deputies, upon the approval of the Council, may enter upon private or public property to examine a vehicle, or parts thereof, or obtain information as to the identity of a vehicle declared to be a nuisance pursuant to the provisions of this chapter.

(§ 2, Ord. 220, eff. December 6, 1974)

When the 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 the provisions of this chapter.

(§ 2, Ord. 220, eff. December 6, 1974)

The Council, by resolution, shall from time to time determine and fix an amount to be assessed as administrative costs under this chapter.

(§ 2 Ord. 220, eff. December 6, 1974)

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 Chief of Police shall have the authority to cause the abatement and removal thereof in accordance with the procedure set forth in this chapter.

(§ 2, Ord. 220, eff. December 6, 1974)

A 10 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:

(§ 2, Ord. 220, eff. December 6, 1974)

Upon a request by the owner of the vehicle or the owner of the land received by the City Clerk within 10 days after the mailing of the notices of intention to abate and remove, a public hearing shall be held by the City Manager on the question of the 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 costs 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 his or her land within such 10 day period, such statement shall be construed as a request for a hearing which does not require his or her presence. Notice of the hearing shall be mailed by the City Clerk, by registered or certified mail, at least 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 a hearing is not received within said 10 days after the 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.

(§ 2, Ord. 220, eff. December 6, 1974)

All hearings held pursuant to the provisions of this chapter shall be held before the City Manager who shall hear all facts and testimony he or she deems pertinent. Such 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 City Manager 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.

The City Manager 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. He or she may delay the time for the removal of the vehicle, or parts thereof, if, in his or her opinion, the circumstances so justify. At the conclusion of the public hearing, the City Manager 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.

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 or she has not subsequently acquiesced in its presence, the City Manager 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 his or her land but does not appear, or if an interested party makes a written presentation to the City Manager but does not appear, such owner or interested party shall be notified in writing of the decision by registered or certified mail.

(§ 2, Ord. 220, eff. December 6, 1974)

Any interested party may appeal the decision of the City Manager by filing a written notice of appeal with the City Manager within five days after his or her decision.

(§ 2, Ord. 220, eff. December 6, 1974)

Such appeal shall be heard by the Council which may affirm, amend, or reverse the order or take other action deemed appropriate.

The City Clerk shall give a written notice of the time and place of the hearing to the appellant and those persons specified in Section 4-5.08 of this chapter.

In conducting the hearing the Council shall not be limited by the technical rules of evidence.

(§ 2, Ord. 220, eff. December 6, 1974)

Five days after the adoption of the order declaring the vehicle, or parts thereof, to be a public nuisance, or five days after the date of the mailing of the notice of the decision, if such notice is required by Section 4-5.10 of this chapter, or 15 days after such action by the 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. After a vehicle has been removed it shall not thereafter be reconstructed or made operable.

(§ 2, Ord. 220, eff. December 6, 1974)

Within five days after the date of the removal of the vehicle, or parts thereof, notice shall be given to the Department of Motor Vehicles of the State identifying the vehicle, or parts thereof, removed. At the same time there shall be transmitted to said Department of Motor Vehicle any evidence of registration available, including registration certificates, certificates of title, and license plates.

(§ 2, Ord. 220, eff. December 6, 1974)

If the administrative costs and the costs of removal which are charged against the owner of a parcel of land pursuant to the provisions of Section 4-5.10 of this chapter are not paid within 30 days after 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 the provisions of Section 38773.5 of the Government Code of the State and shall be transmitted to the Tax Collector for collection. Such assessment shall have the same priority as other City taxes.

(§ 2, Ord. 220, eff. December 6, 1974)

It is unlawful 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 three 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.

(§ 2, Ord. 220, eff. December 6, 1974)

It is unlawful for any person to fail or refuse to remove an abandoned, wrecked, dismantled, or inoperative vehicle, or parts thereof, or to 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.

(§ 2, Ord. 220, eff. December 6, 1974)