Loyalton Municipal Code Ch. 6.50 Relating to Abandoned Automobiles

The accumulation and storage of abandoned, wrecked, dismantled or inoperative vehicles or parts thereof on private or public property are 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 of the residents of the City of Loyalton. 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 declared to constitute a public nuisance which may be abated as such in accordance with the provisions of this Chapter.

For the purpose of this Chapter, the following words and terms shall have the designated meaning unless it is clear from the text that a different meaning is intended:

A. Highway “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”; B. Public Property “Public Property” means any real property within the City which is publicly owned or maintained but does not include a street or highway; C. Vehicle “Vehicles” 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. “Vehicle” includes recreational vehicles, camping trailers, and all other types of trailers.

This Chapter shall not apply to:

A. A vehicle or part thereof which is completely enclosed within a building or on property enclosed by a six-foot wall or solid six-foot fence in good repair wherein such vehicle or part is not plainly visible from a street or highway or other public or private property, in a lawful manner; or B. A vehicle or 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 licensed junkyard.

Nothing in this Chapter shall 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 and this Chapter.

This Chapter is not the exclusive regulation of abandoned, wrecked, dismantled or inoperative vehicles, or parts thereof, 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.

Any member of the California Highway Patrol or any regularly employed and salaried Sierra County deputy sheriff or other employee of the City designated to perform the function set forth in this Section by the City may remove or cause to be removed:

A. Any vehicle that has been parked or left standing upon a street or highway for seventy-two (72) or more consecutive hours. In the event such vehicle is located in a residential area, it shall be ticketed twenty-four (24) hours prior to its removal in order to provide the owner an opportunity to have the vehicle removed; B. Any vehicle which is parked or left standing upon a street or highway between designated hours when such parking or standing is prohibited by Ordinance or resolution and signs are posted giving notice of such removal; C. Any vehicle which is parked or left standing upon a street or highway where the use of such street or highway or a portion thereof is necessary for the cleaning, repair or construction of the street or highway or for the installation of underground utilities or where the use of the street or highway or any portion thereof is authorized for a purpose other than the normal flow of traffic or where the use of the street or highway or any portion thereof is necessary for the movement of equipment, articles or structures of usual size, and parking of such vehicle would prohibit or interfere with such use or movement; provided, that signs giving notice that such vehicle may be removed are erected or placed at least twenty-four (24) hours prior to the removal.

A. The purpose and intent of this Section is to establish procedures pursuant to Section 22660 to 22663 of the Vehicle Code for the abatement, removal and disposal, as public nuisances, of abandoned, wrecked, dismantled or inoperative vehicles or parts thereof from private or public property or streets or highways. B. Any vehicle or vehicle part located on private or public property or upon a street or highway may be removed as a public nuisance and disposed of in accordance with the following procedures:

1. Not less than ten (10) days prior to any removal or disposal of a vehicle, a notice of intention to abate and remove the vehicle as a public nuisance shall be issued, unless the property owner and owner of the vehicle have signed releases authorizing removal and waiving further interest in the vehicle. If the City is able to determine in advance what the cost of removal of the vehicle, and the related administration costs, will be, then the City may, but is not required to, include in the notice a statement of the total charges that the City may assess against the property owner and/or the owner of the vehicle, and such notice shall warn the property owner that such charges may become a lien upon his or her property. The notice shall contain a statement of the hearing rights of the property owner and the owner of the vehicle. The statement shall include notice to the property owner that he may appear in person at a hearing or may submit a sworn written statement denying responsibility for the presence of the vehicle on the land, with reasons for such denial, in lieu of appearing. The notice of intention to abate shall be mailed, by registered or certified mail, to the owner of the land as shown on the last equalized assessment roll and to the owner of the vehicle unless the vehicle is in such condition that identification numbers are not available to determine ownership. For the purposes of this Chapter, it shall be acceptable to rely upon the records of the Department of Motor Vehicles in 6.50.040 (Continued) – 6.50.060

determining the identity and mailing address of the owner of the vehicle, unless the person responsible for the mailing the notice is aware of a more current name and/or address of the owner of the vehicle. The City Clerk shall retain proof of mailing of the Notice of Abatement. 2. Upon request by the property owner or the owner of the vehicle, a public hearing shall be held before the City Council. This request shall be made to the City Clerk within ten (10) 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, then an order may be issued by the City Clerk, authorizing removal of the vehicle, and if the Notice of Abatement contained a statement of applicable charges, the City Clerk may issue an order for payment of such charges, and proceed with collection as set forth in Sections 6.50.090, 6.50.130 and 6.50.140. 3. The hearing shall be conducted pursuant to Section 6.50.120 and the terms of this Section. The property owner and the owner of the vehicle may appear in person at the hearing. Instead of making an appearance, a sworn written statement may be presented in time for consideration at the hearing, denying responsibility for the presence of the vehicle on the land, or denying ownership of the vehicle, with reasons for such denial. This statement shall be construed as a request for a hearing which does not require the presence of the person submitting the request.
This statement shall not be construed as determinative, but rather shall be regarded by the City Council as one factor for consideration at the hearing. If the City Council determines at the hearing that the vehicle is on the land without the consent of the landowner and that the landowner has not subsequently acquiesced in its presence, then the costs of administration or removal of the vehicle shall not be assessed against the property upon which the vehicle is located or collected from the property owner. If the Notice of abatement contained a statement of charges, the cost of removal and disposal of any vehicle and the administrative cost thereof may be charged against the person who is determined to be responsible for the maintenance of the vehicle as a public nuisance. 4. The public hearing conducted pursuant to this Section shall be held by the City Council. After the public hearing is held pursuant to this Section, the City Council may issue an order authorizing removal of the vehicle and, if the notice contained a statement of applicable charges, the City Council may issue an order for payment of such charges. Such order shall be mailed to the property owner and/or the owner of the vehicle, and the City Clerk shall retain proof of mailing. After the City Council issues an order authorizing removal of the vehicle pursuant to this Section, the vehicle may be disposed of by removal to a scrapyard, automobile dismantler’s yard, or any suitable site for processing as scrap, or other final disposition consistent with Subdivision (5) of this Subsection. After issuance of an order for payment of charges, the City Clerk may proceed with collection of such charges as set forth in Sections 6.50.090, 6.50.130 and 6.50.140. 5. No person shall reconstruct or make operable any vehicle removed under the provisions of this Section, unless it is a vehicle which qualifies for either horseless carriage license plates or historical vehicle license, pursuant to Section 5004 of the Vehicle Code, in which case the vehicle may be reconstructed or made operable. 6. Notice shall be given to the Department of Motor Vehicles within five (5) days after the date of removal, identifying the vehicle and any evidence of registration available including, but not limited to, the registration card, certificates of ownership, or license plates. 7. The provisions of this Section shall be administered by permanent employees of the City, except that the removal of vehicles or parts thereof from property may be by any other duly authorized person. Any such authorized person may enter upon private property for the purposes specified in this Section to examine a vehicle or part thereof and remove or cause to be removed the vehicle or part thereof declared to be a public nuisance pursuant to this Chapter. 6.50.060 (Continued)

When the City Council has designated certain licensed dismantlers, towing services or junk dealers to remove such vehicles or parts, 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.

The City Council may from time to time determine and fix an amount to be assessed as administrative costs, including attorneys’ fees, excluding the actual cost of removal of any vehicle or part thereof, under this Chapter.

After it is determined in accordance with Section 6.50.060 who is responsible for the maintenance of a vehicle as a public nuisance, the City shall remove the vehicle or pay for its removal and prepare a report of the proceedings and an account of the cost on each separate property to be filed with the City Clerk.
Whether or not the Notice of Abatement contained a statement of applicable charges, the City shall then bill the property owner and/or the owner of the vehicle, as the case may be, by mail for the cost of removal and disposal of the vehicle and for any administrative costs. If the property owner is billed, the bill shall apprise the property owner that failure to pay the bill may result in a lien upon the property.

If the Notice of Abatement contained a statement of the applicable charges, and if an order for such charges was issued by the City Clerk pursuant to Section 6.50.060(B)(2) or by the City Council pursuant to Section 6.50.060(B)(3), then the City may proceed with all appropriate collection efforts including recording a lien, when applicable, pursuant to Section 6.50.130, without the need for any further hearing. If the Notice of Abatement did not contain a statement of the applicable charges, then the City shall not proceed with further collection efforts (other than billing pursuant to Section 6.50.090), and shall not record a lien, until after a hearing has been conducted pursuant to Section 6.50.110.

If the Notice of Abatement did not contain a statement of the applicable charges, and if the person billed did not voluntarily pay such charges within thirty (30) days after they were billed pursuant to Section 6.50.090, then before any further collection efforts occur, and before a lien is recorded, a public hearing shall be held on the assessment of the administrative costs and the cost of removal of the vehicle or part thereof against the property owner or the owner of the vehicle. Notice of hearing shall be mailed at least ten (10) days before the hearing by certified mail, to the owner of the land as shown on the last equalized county assessment roll and the owner of the vehicle unless the vehicle is in such condition that identification numbers are not available to determine ownership through the Department of Motor Vehicles. The City Clerk shall retain proof of mailing of the notice. If any of the foregoing notices are returned undelivered by the United States Post Office, the hearing shall be continued to a date not less than ten (10) days from the date of such return.

All hearings under this Chapter shall be held before the City Council who shall hear all facts and testimony it deems pertinent. Said facts and testimony may include testimony on the condition of the vehicle or part thereof and the circumstances concerning its location on the private property, public property, or street or highway. All hearings shall be tape recorded. The City Council shall not be limited to the technical rules of evidence. Any relevant evidence shall be admitted if it is the type of evidence on which reasonable persons are accustomed to rely in the conduct of serious affairs, regardless of the existence of any common law or statutory rule which might make improper the admission of such evidence over objection in civil actions in courts of competent jurisdiction in this state. Oral evidence shall be taken only on oath or affirmation. Irrelevant and unduly repetitious evidence shall be excluded.
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 part thereof if the circumstances justify it. At the conclusion of the public hearing, the City Council may find that a vehicle or part 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 Section 6.50.060 and determine the administrative costs and the cost of removal to be charged against the owner of the parcel of land on which the vehicle or part thereof is located. The order shall be mailed to the property owner and/or the owner of the vehicle, and the City Clerk shall retain proof of such mailing. The order requiring removal shall include a description of the vehicle or part thereof and the correct identification number and license number of the vehicle, if available at the site.

The decision of the City Council on administrative costs and cost of removal to be charged and on all protests or objections, shall be final and conclusive. The amounts so approved shall be charged to the property owner, if such person is determined by the City Council to be responsible, on the next regular tax bill, and shall be a lien upon the property involved. The City Council shall confirm such assessment and cause the same to be recorded on the assessment roll, and thereafter such assessment shall constitute a special assessment against and a lien upon the property. The City Council shall adopt a resolution assessing such amounts as liens upon the respective parcels of land as they are shown upon the last available assessment roll.

In addition, the City may record a Notice of Lien against the property, which lien may be foreclosed by judicial or other sale in the manner and means provided by law, including California Civil Code Sections 2924, 2924b, 2924c, 2924f, 2924g and 2924h. Such Notice of Lien for recordation shall be in substantially the following form:

“NOTICE OF LIEN

(Claim of City of Loyalton)

Pursuant to the authority vested by the provisions of Section 6.50.130 of the Ordinances of the City of Loyalton, the City Clerk of the City of Loyalton did on or about the day of _______, 19, cause the vehicle or vehicle parts to be removed from the property hereinafter described in order to abate a public nuisance on said real property; and the City Council of the City of Loyalton on the ____ day of , 19, did assess the cost of such removal upon the real property hereinafter described; and the same has not been paid nor any part thereof; and that said City of Loyalton does hereby claim a lien on such real property in the amount of said assessment, to wit: the sum of $_: and the 6.50.120 – 6.50.130

same, shall be a lien upon said real property until the same has been paid in full and discharged of record.

The real property hereinabove mentioned, and upon which a lien is claimed, is that certain parcel of land lying and being in the City of Loyalton, County of Sierra, State of California, and particularly described as follows:

Street Address:

Assessor Parcel No.:

Legal Description:

(description)

Dated this _____ day of _____________, 19.

---

City Clerk, City of Loyalton”

Said assessments shall be levied in accordance with the provisions of Title 4, Division 3, Chapter 10, Section 38773.5 of the Government Code, and Division 11, Chapter 10, Section 22660 of the Vehicle Code.

All such assessments remaining unpaid after thirty (30) days from the date of confirmation of the assessment by the City council shall become delinquent and shall bear interest at the rate of seven percent (7%) per year from and after such date.

If an interested party makes a written presentation to the city Council but does not appear, he shall be notified in writing of the decision. The City Clerk shall retain proof of mailing of such notification.

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 part thereof which is in an abandoned, wrecked, dismantled or inoperative condition upon any private property, public property, or street or highway, within the City for a period in excess of fifteen (15) days unless such vehicle or part thereof is completely enclosed within a building or property enclosed by a six-foot wall or solid six-foot fence in good repair wherein such vehicle or part is not plainly visible from a street or 6.50.130 (Continued) – 6.50.170

highway or other public or private property, in a lawful manner, 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 licensed junkyard.

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 provision of this Chapter or state law where such state law is applicable.

The City Clerk of the City of Loyalton shall cause this Ordinance to be posted in at least three (3) public places in the City of Loyalton in accordance with Section 36933 of the Government Code of the State of California. However, this Ordinance is an emergency ordinance, and shall take effect immediately, pursuant to Section 36937(b) if passed by a four-fifths majority of the City Council.