Martinez Municipal Code Ch. 8.20 Junked or Abandoned Vehicles

A. In addition to and in accordance with the determination made and the authority granted by the State under Sections 22660 of the Vehicle Code to remove abandoned, wrecked, dismantled or inoperative vehicles or parts thereof as public nuisances, the legislative body of the City 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, creates 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 not including highways, except as expressly hereinafter permitted, constitutes a public nuisance which may be abated as such in accordance with the provisions of this Chapter.

B. As used in this Chapter:

"Highway"

means a way or place of whatever nature, publicly maintained and opened to the use of the public for purposes of vehicular travel. Highway includes street.

"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.

"Inoperative vehicle"

includes a mobile home not currently being used legally as a residence under the provisions of Chapter 22.25 of this Code.

C. No person shall permit the presence of or park an abandoned, wrecked, dismantled, or inoperative vehicle or part thereof on private or public property, including highways, except as expressly hereinafter permitted.

(Prior code § 3519; Ord. 1119 C.S. § II, 1988; Ord. 1137 C.S. § I, 1989; Ord. 1140 C.S. § I, 1989)

A. The following are exceptions to this Chapter:

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, 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 provisions of law other than Sections 22650 et seq. of the Vehicle Code and the ordinance codified in this Chapter.

(Prior code § 3520)

This Chapter is not the exclusive regulation of abandoned, wrecked, dismantled or inoperative vehicles 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 or the State, or any other legal entity or agency having jurisdiction.

(Prior code § 3521)

A. Except as otherwise provided herein, the provisions of this Chapter shall be administered and enforced by the Chief. In the enforcement of this Chapter, such officer and his deputies 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 this Chapter.

B. When the City 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 this Chapter.

C. The City 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 part thereof under this Chapter.

(Prior code § 3522)

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 or his designee shall have the authority to cause the abatement and removal thereof in accordance with the procedure prescribed in this Chapter.

(Ord. 1119 C.S. § III, 1988)

A ten (10) day notice of intention to abate and remove the vehicle, or parts thereof, as a public nuisance shall be mailed by certified mail, return receipt requested, 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:

NOTICE OF INTENTION TO ABATE AND REMOVE AN ABANDONED, WRECKED, DISMANTLED, OR INOPERATIVE VEHICLE OR PARTS THEREOF AS A PUBLIC NUISANCE As owner shown on the last equalized assessment roll of the land located at (address), you are hereby notified that the undersigned, pursuant to Sections 8.20.045 of the Martinez 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 Sections 8.20.010 of the Martinez 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 mailing of this notice, and upon your failure to do so the same will be abated and removed by the City and the costs thereof, together with administrative costs, assessed to you as owner of the land on which said vehicle or said parts of a vehicle is or are located. As owner of the land on which said vehicle or said parts of a vehicle is or are 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 of Police within such ten (10) day period, the Chief of Police or his designee 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 reason for denial, and such statement shall be construed as a request for hearing at which your presence is not 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 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.), the undersigned, pursuant to Sections 8.20.045 of the Martinez Municipal Code, has determined that said vehicle or parts of a vehicle exist(s) as an abandoned, wrecked, dismantled or inoperative vehicle at (describe location on public or private property) and constitute(s) a public nuisance pursuant to the provisions of Sections 8.20.010 of the Martinez 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 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 of Police within such ten (10) day period, the Chief of Police or his designee shall have the authority to abate and remove said vehicle or said parts of a vehicle without a hearing.

If any of the foregoing notices are returned undelivered, a hearing shall be held by the Chief of Police or his designee on the question of abatement and removal no earlier than five (5) days after receipt of the return. Further notice of the hearing need not be sent to the addressee to whom a notice was earlier sent but undelivered.

(Ord. 1119 C.S. § III, 1988)

A. Upon request, by the owner of the vehicle or owner of the land, received by the Chief of Police 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 of Police or his designee 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 such ten (10) day period, said statement shall be construed as a request for a hearing which does not require his presence. Notice of the hearing shall be mailed, by certified mail, return receipt requested, at least ten (10) days before the hearing to the owner of the land and 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 hearing is not received within said ten (10) days after 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.

(Ord. 1119 C.S. § III, 1988)

A. All hearings under this Chapter shall be held before the Chief of Police or his designee who is designated as hearing officer in this Chapter, who shall hear all facts and testimony he/she deems pertinent. Said 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 hearing 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/her reasons for such denial.

B. The hearing officer may impose such conditions and take such other action as he/she deems appropriate under the circumstances to carry out the purpose of this Chapter. It may delay the time for removal of the vehicles, or parts thereof, if in his/her opinion the circumstances justify it. At the conclusion of the public hearing, the hearing officer may find that a vehicle, or parts thereof, has (have) been abandoned, wrecked, dismantled, or is or are inoperative on private or public property and order the same removed from the property as a public nuisance and disposed of as provided in Sections 8.20.090 and determine the administrative costs and the cost 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/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 the owner of the land.

D. The decision made after hearing shall be written and mailed to the property and/or vehicle owner.

(Ord. 1119 C.S. § III, 1988)

A. Any interested party may appeal the decision of the hearing officer by filing a written notice of appeal with the said hearing officer within five (5) days after mailing its decision.

B. Such appeal shall be heard by the City 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 hearing to the appellant and those persons specified in Sections 8.20.050.

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

(Ord. 1119 C.S. § III, 1988)

A. Five days after adoption of the order declaring the vehicle or parts thereof to be a public nuisance under Sections 8.20.060 (B) where no hearing was held, five (5) days from the date of mailing of notice of the decision pursuant to Sections 8.20.090, or fifteen (15) days after such action of the governing body authorizing removal following appeal, the vehicle, or parts thereof, may be disposed of as provided in subsections B of this Section. 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 Sections 5004 of the California Vehicle Code, in which case the vehicle may be reconstructed or made operable.

B. Vehicles, or parts thereof, may be disposed of by removal to a scrapyard or automobile dismantler's yard.

C. Within five (5) days after the date of removal of the vehicle or part thereof notice shall be given to the Department of Motor Vehicles 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 certificate, certificates of title and license plates.

(Ord. 1119 C.S. § III, 1988)

If the administrative costs and the costs of removal which are charged against the owner of a parcel of land are not paid within thirty (30) days of 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 Sections 38773.5 of the Government Code and shall be transmitted to the Tax Collector for collection, except under those circumstances described in Sections 8.20.070(C). The assessment shall have the same priority as other City taxes.

(Ord. 1119 C.S. § III, 1988)

It is unlawful and an infraction punishable as provided in Sections 1.12.030 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, and citations may be issued and served for such violations at any time, irrespective of whether or not abatement proceedings have been initiated hereunder.

(Ord. 1119 C.S. § III, 1988)

Except as otherwise provided herein, the provisions of Sections 8.20.045 through 8.20.110 shall be administered and enforced by the Chief of Police or his designee. In the enforcement of Sections 8.20.045 through 8.20.110 such officer and his deputies may enter upon private or public property to examine a vehicle or parts thereof, obtain information as to the identity of a vehicle declared to be a nuisance pursuant to Sections 8.20.045 through 8.20.110, and/or remove or cause the removal of such a vehicle or part(s) thereof.

(Ord. 1119 C.S. § III, 1988)

Any regularly employed and salaried officer of the Police Department of this City may remove, or cause to be removed:

A. Any vehicle that has been parked or left standing on a street or highway for 72 or more consecutive hours.

B. Any vehicle which is parked or left standing upon a street or highway between the hours of 7:00 a.m. and 7:00 p.m. when such parking or standing is prohibited by ordinance or resolution of this City and signs are posted giving notice of such removal.

C. Any vehicle which is parked or left standing on 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 the installation of underground utilities, or where the use of the street or highway or any portion thereof is necessary for the movement of equipment, articles or structures of unusual size, and the parking of such vehicle would prohibit or interfere with such use or movement; provided that such signs giving notice that such vehicles may be removed are erected or placed at least 24 hours prior to the removal.

(Ord. 1119 C.S. § III, 1988)