Los Altos Municipal Code Ch. 8.28 Abandoned, Wrecked, Dismantled or Inoperative Vehicles

In addition to and in accordance with the determination made and the authority granted by the state pursuant to the provisions of Section 22660 of the Vehicle Code of the state to remove abandoned, wrecked, dismantled, or inoperative vehicles, or parts thereof, as public nuisances, the 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, not including highways, 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, not including highways, except as expressly permitted by the provisions of this chapter, is hereby declared to constitute a public nuisance which may be abated as such in accordance with the provisions of this chapter.

(Prior code § 4-11.01)

For the purposes of this chapter, certain terms used herein are defined as follows:

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 by human power or used exclusively upon stationary rails or tracks.

B.

"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" shall include street.

C.

"Public property" shall not include "highway."

D.

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

E.

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

(Prior code § 4-11.02)

A.

The provisions of this chapter shall not apply to:

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

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

B.

The provisions of this section shall not 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 Vehicle Code of the state and this chapter.

(Prior code § 4-11.03)

The provisions of this chapter shall not be 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 other regulatory codes, statutes, and laws heretofore or hereafter enacted by the city, the state, or any other legal entity or agency having jurisdiction.

(Prior code § 4-11.04)

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, the chief of police and his deputies may enter upon private or public property to examine a vehicle, or parts thereof, or to 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 the provisions of this chapter.

(Prior code § 4-11.05)

When the council has contracted with or granted a franchise to any person, such person 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.

(Prior code § 4-11.06)

The council shall from time to time determine and fix an amount to be assessed as administrative costs, excluding the actual cost of the removal of any vehicle, or part thereof, for the purposes of administering the provisions of this chapter.

(Prior code § 4-11.07)

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.

(Prior code § 4-11.08)

A ten (10) day notice of intention to abate and remove a 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. Such 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 owner shown on the last equalized assessment roll of the land located at (address), you are hereby notified that the undersigned, pursuant to the provisions of Chapter 8.28 of the Los Altos 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 Chapter 8.28 of the Los Altos Municipal Code.

 You are hereby notified to abate said nuisance by the removal of said vehicle (or said parts of vehicle) within ten (10) days after the mailing of this notice, and, upon your failure to do so, the same will be abated and removed by the city of Los Altos, and the costs thereof, together with administrative costs, shall be 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 ten (10) days after the mailing of this notice of intention, request a public hearing, and if such a request is not received by the Chief Administrative Officer or his designee within such ten (10) day period, the Chief of Police 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 ten (10) day period denying responsibility for the presence of said vehicle (or said parts of a vehicle) on said land, with your reasons for denial, and such statement shall be construed as a request for a hearing at which your presence is required. You may appear in person at any hearing requested by you or the owner of the vehicle or, in lieu thereof, may present a sworn written statement as aforesaid in time for consideration at such hearing.

Notice Mailed  (Date) /s/ Chief of Police 

 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.), your are hereby notified that the undersigned, pursuant to the provisions of Chapter 8.28 of the Los Altos Municipal Code, has determined that said vehicle (or parts of a vehicle) exists 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 Chapter 8.28 of the Los Altos Municipal Code.

 You are hereby notified to abate said nuisance by the removal of said vehicle (or said parts of a vehicle) within ten (10) days from the date of the 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 ten (10) days after the mailing of this notice of intention, request a public hearing, and if such a request is not received by the Chief Administrative Officer or his designee within such ten (10) day period, the Chief of Police shall have the authority to abate and remove said vehicle (or said parts of a vehicle) without a hearing.

Notice Mailed  (Date) /s/ Chief of Police 

(Prior code § 4-11.09)

Upon a request by the owner of the vehicle or the owner of the land received by the chief administrative officer or his designee within ten (10) days after the mailing of the notices of intention to abate and remove, a public hearing shall be held by the chief administrative officer or his designee 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 cost of removal of the vehicle, or parts thereof, against the property on which the vehicle, or parts thereof, is located.

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 (10) day period, such statement shall be construed as a request for a hearing which does not require his 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 a hearing is not received within ten (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.

(Prior code § 4-11.10)

A.

All hearings held pursuant to the provisions of this chapter shall be held before the chief administrative officer or his designee who shall hear all facts and testimony he 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 private property or public property. The chief administrative officer or his designee 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 chief administrative officer or his designee may impose such conditions and take such other action as he deems appropriate under the circumstances to carry out the purposes of this chapter. He may delay the time for the removal of the vehicle, or parts thereof, if, in his opinion, the circumstances so justify. At the conclusion of the public hearing, the chief administrative officer or his designee may find that a vehicle, or parts thereof, has been abandoned, wrecked, dismantled, or is inoperative on private or public property, 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.

C.

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 chief administrative officer or his designee 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.

D.

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 chief administrative officer or his designee but does not appear, such owner of the land or interested party shall be notified in writing of the decision.

(Prior code § 4-11.11)

A.

Any interested party may appeal the decision of the chief administrative officer or his designee by filing a written notice of appeal with such officer within five days after his decision.

B.

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

C.

The city clerk shall give written notice of the time and place of the hearing to the appellant and to those persons specified in Section 8.28.090 of this chapter.

D.

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

(Prior code § 4-11.12)

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 a notice is required by the provisions of Section 8.28.110 of this chapter, or fifteen (15) days after such action of the council authorizing removal following an appeal, 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.

(Prior code § 4-11.13)

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 Vehicles any evidence of registration available, including registration certificates, certificates of title, and license plates.

(Prior code § 4-11.14)

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 8.28.110 of this chapter are not paid within thirty (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.

(Prior code § 4-11.15)