Madera Municipal Code Ch. 8 Removal of Abandoned, Wrecked, Dismantled, or Inoperative Vehicles From…

(A) In addition to, and in accordance, with the determination made and the authority granted by the state pursuant to the provisions of Cal. Veh. Code § 22660 to remove abandoned, wrecked, dismantled, or inoperative vehicles, or parts thereof, as public nuisances, the Council makes the following findings and declarations in § 4-8.01(B).

(B) The accumulation and storage of abandoned, wrecked, dismantled, or inoperative vehicles, or parts thereof, on private or public property, including highways, is 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 part thereof, on private or public property, including highways, except as expressly permitted by the provisions of this chapter, is declared to constitute a public nuisance which may be abated as such in accordance with the provisions of this chapter.

('61 Code, § 4-8.01) (Ord. 186 C.S., passed 8-2-72; Am. Ord. 782 C.S., passed 7-6-05)

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

ABANDONED VEHICLE. A vehicle that is left on a highway, public property, or private property in such inoperable or neglected condition that the owner's intent to relinquish all further rights or interests in it may be reasonably concluded.

DISMANTLED VEHICLE. Any vehicle that is partially or wholly disassembled.

HIGHWAY. A way or place of whatever nature, publicly maintained and open to the use of the public for the purposes of vehicular travel. HIGHWAY shall include street, public right of way and alley.

INOPERABLE VEHICLE. Any vehicle prohibited from being operated on a public street or highway and/or any vehicle that cannot be moved under its own power.

VEHICLE. 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.

WRECKED VEHICLE. Any vehicle that is damaged to such an extent that it cannot be operated upon the highway.

('61 Code, § 4-8.02) (Ord. 186 C.S., passed 8-2-72; Am. Ord. 716 C.S., passed 3-15-00; Am. Ord. 782 C.S., passed 7-6-05)

(A) The provisions of this chapter shall not apply to:

(1) A vehicle, or part 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

(2) 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 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 pursuant to provisions of law other than the provisions of the Cal. Veh. Code Chapter 10 (commencing with Cal. Veh. Code § 22650) of Division 11 and this chapter.

('61 Code, § 4-8.03) (Ord. 186 C.S., passed 8-2-72)

The provisions of this chapter shall not be the exclusive regulation of abandoned, wrecked, dismantled, or inoperable 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.

('61 Code, § 4-8.04) (Ord. 186 C.S., passed 8-2-72)

Except as otherwise provided in this chapter, the provisions of this chapter shall be administered and enforced by the Community Development Director or his or her designee. In the enforcement of the provisions of this chapter, the Community Development Director and his or her designee may enter upon private or public property to examine a vehicle, or part thereof, or obtain information as to the identity of a vehicle declared to be a nuisance pursuant to the provisions of this chapter.

('61 Code, § 4-8.05) (Ord. 186 C.S., passed 8-2-72; Am. Ord. 716 C.S., passed 3-15-00)

When the Council has contracted with any person or entity for the removal of vehicles, such person or entity shall be authorized to enter upon private property or public property to remove or cause the removal of a vehicle, or part thereof, declared to be a nuisance pursuant to the provisions of this chapter.

('61 Code, § 4-8.06) (Ord. 186 C.S., passed 8-2-72)

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.

('61 Code, § 4-8.07) (Ord. 186 C.S., passed 8-2-72)

(A) Not less than ten-day notice of intention to abate and remove an alleged abandoned, wrecked, inoperable or dismantled vehicle or part thereof shall be issued to the owner of the vehicle and, if applicable, to the property owner where the vehicle is located, unless the property owner and the owner of the vehicle have signed releases authorizing the removal and waiving further interest in the vehicle, or part thereof. Such notice shall contain a statement of the hearing rights of the owner of the property upon which the vehicle is located and the owner of the vehicle, including notice that the property owner 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 his or her reasons for such denial, in lieu of appearing. The notice of intention 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 last registered and legal owners of record, unless the vehicle is in such condition that identification numbers are not available to determine ownership. Upon the request of the owner of the vehicle or the owner of the land where the vehicle is located, the Police Chief or his or her designee shall hold a public hearing upon such abatement; provided, however, such request shall be made to the Police Chief or his or her designee within ten calendar days after the mailing of the notice of intention to abate and remove. Submission of the owners of the land of the above-mentioned statement denying responsibility within such period shall be construed as a request for such hearing which does not require the presence of the owner submitting such request.

(B) A notice of intention to abate shall not be required if all of the following conditions are satisfied:

(1) The vehicle or part thereof is inoperable due to the absence of a motor, transmission, or wheels and is incapable of being towed;

(2) The vehicle or part thereof is valued at less than $200 by the Police Chief or his or her designee;

(3) The vehicle or part thereof is determined by the city to be a public nuisance presenting an immediate threat to public health or safety;

(4) The property owner has signed a release authorizing the removal and waiving further interest in the vehicle or part thereof; and

(5) The vehicle is located upon a parcel that is either zoned for agricultural use or is not improved with a residential structure containing one or more dwelling units.

(C) If a vehicle is removed pursuant to subsection (B) above, prior to final disposition of the vehicle, the registered or legal owner of the vehicle shall be notified of the intent to dispose of the vehicle or parts thereof. If the vehicle or part thereof is not claimed and removed from the scrapyard, automobile dismantler's yard or public disposal area within 12 days after the notice to dispose of the vehicle is mailed, final disposition may proceed.

('61 Code, § 4-8.08) (Ord. 186 C.S., passed 8-2-72; Am. Ord. 271 C.S., passed 7-20-77; Am. Ord. 716 C.S., passed 3-15-00; Am. Ord. 782 C.S., passed 7-6-05)

(A) All hearings held pursuant to the provisions of this chapter shall be held before the Police Chief or his or her designee, 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 part thereof, and the circumstances concerning its location on private property or public property. The hearing officer shall not be limited by the technical rules of evidence. The owner of the land on which the vehicle is located may appear in person at the hearing, or present a 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.

(B) The hearing officer 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. The hearing officer may delay the time for the removal of the vehicle, or part thereof, if, in his or her opinion, the circumstances so justify. At the conclusion of the public hearing, the hearing officer may find that a vehicle, or part thereof, has been abandoned, wrecked, or 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 parcel of land on which the vehicle, or part thereof, is located. 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.

(C) If it is determined at the hearing that the vehicle was placed on the land without the consent of the landowner and that he or she has not subsequently acquiesced in its presence, the hearing 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 such landowner.

(D) If an interested person makes a written presentation to the hearing officer but does not appear, such person shall be notified in writing of the decision.

('61 Code, § 4-8.09) (Ord. 186 C.S., passed 8-2-72; Am. Ord. 716 C.S., passed 3-15-00)

Five days after the adoption of the order declaring the vehicle, or part 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 the provisions of § 4-8.09 of this chapter, or 15 days after such action of the Council authorizing removal following an appeal the vehicle, or part 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, unless it is a vehicle which qualifies for either horseless carriage license plates or historical vehicle license plates pursuant to Cal. Veh. Code § 5004, in which cases such vehicles may be reconstructed or made operable.

('61 Code, § 4-8.11) (Ord. 186 C.S., passed 8-2-72; Am. Ord. 271 C.S., passed 7-20-77)

Within five days after the date of the removal of the vehicle, or part thereof, notice shall be given to the Department of Motor Vehicles of the state identifying the vehicle, or part 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.

('61 Code, § 4-8.12) (Ord. 186 C.S., passed 8-2-72)

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 § 4-8.09 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 Cal. Gov't Code § 38773.5 and shall be transmitted to the Tax Collector for collection. Such assessment shall have the same priority as other city taxes.

('61 Code, § 4-8.13) (Ord. 186 C.S., passed 8-2-72)

(A) It is unlawful and shall be an infraction for any person to abandon, store, leave, or permit the abandonment, storing, or leaving of any licensed or unlicensed vehicle or parts thereof which is abandoned, wrecked, dismantled or inoperable upon any private or public property, including highways, within the city for a period in excess of 72 or more consecutive hours unless such storage is pursuant to the exceptions described in § 4-8.03 of this chapter.

(B) It is unlawful and shall be an infraction for any person to fail or refuse to remove an abandoned, wrecked, dismantled, or inoperable vehicle or part 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. 782 C.S., passed 7-6-05)