McFarland Municipal Code Art. I Nuisance Abatement Regulations

A. In addition to and in accordance with the determination made and the authority granted by the state under Section 22660 of the Vehicle Code to remove abandoned, wrecked, dismantled or inoperative vehicles or parts thereof as public nuisances, the city council makes the findings and declarations set out in subsection B of this section.

B. The accumulation and storage of abandoned, wrecked, dismantled, or inoperative vehicles or parts thereof on private or public property not 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 parts thereof on private or public property not including highways, except as expressly permitted in this article, is declared to constitute a public nuisance which may be abated as such in accordance with the provisions of this article.

(Ord. 148 §1, 1976)

As used in this article, the following definitions apply:

A. "City council" means the city council of the city.

B. "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."

C. "Public property" does not include "highway."

D. "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.

(Ord. 148 §2, 1976)

A. This article shall not apply to:

1. 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.

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

3. Vehicles or parts thereof which are located behind a solid fence six feet in height or which is not plainly visible from a highway.

B. Nothing in this section 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 II of the Vehicle Code and this article.

(Ord. 148 §3, 1976)

This article 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, the state, or any other legal entity or agency having jurisdiction. The administration of this article shall be by regularly salaried, full- time employees of the city, except the city council may cause the removal of vehicles or parts thereof from property by other persons.

(Ord. 210 §14, 1987: Ord. 148 §4, 1976)

A. Except as otherwise provided in this article, the provisions of this article shall be administered and enforced by the chief of police, or whomever else the city council so designates. In the enforcement of this article the persons responsible for enforcement or their agents may enter upon private or public property to examine a vehicle or parts thereof, or obtain information as to the identity of a vehicle, and to remove or cause the removal of a vehicle or part thereof declared to be a nuisance pursuant to this article.

B. Any person who accumulates or stores abandoned, wrecked, dismantled or inoperative vehicles or parts thereof on private or public property not including highways and who does not remove such abandoned, wrecked, dismantled or inoperative vehicles or parts thereof from that person's property within thirty days after receipt of a written notice from the city to remove such vehicles or parts thereof shall by guilty of an infraction and punishable pursuant to the terms set forth in Section 1.20.010 of this code.

(Ord. 220 §1, 1989: Ord. 148 §5, 1976)

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 article.

(Ord. 148 §6, 1976)

A. 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 parts thereof, under this article.

B. If the owner of the land on which the vehicle is located appears in person at the public hearing provided in Section 10.16.090 or presents a sworn statement denying responsibility for the presence of the vehicle on his land, along with his reasons for such denial, and if the city council determines that the vehicle was placed on the land without the consent of the land owner and that he has not subsequently acquiesced in its presence upon his land, then the city council shall not assess costs of administration or removal of the vehicle against the property upon which the vehicle is located or in any way attempt to collect such costs from the landowner.

(Ord. 148 §7, 1976)

Not less than a ten-day notice of intention to abate and remove the vehicle or parts thereof as a public nuisance shall be mailed, by registered 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 or unless the property owner and the owner of the vehicle have signed releases authorizing 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 on which the vehicle is located 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 present a sworn statement denying responsibility for the presence of the vehicle on the land, with his reasons for such denial, in lieu of appearing. However, for those inoperable vehicles located upon a parcel that is (1) zoned for agricultural use or (2) not improved with a residential stucture containing one or more dwelling units, the notice of intention is not required for removal of a vehicle or part thereof which is inoperable due to the absence of a motor, transmission, or wheels and incapable of being towed, is valued at less than two hundred dollars by a person specified in Section 22855 of the California Vehicle Code, and is determined by the city council to be a public nuisance presenting an immediate threat to public health or safety, provided that the property owner has signed a release authorizing removal and waiving further interest in the vehicle or part thereof. Prior to final disposition under Section 22662 of the California Vehicle Code of such a low-valued vehicle or part for which evidence of registration was recovered, the city shall provide notice to the registered and legal owners of intent to dispose of the vehicle or part, and if the vehicle or part is not claimed and removed within twelve days after the notice is mailed, from the location specified in Section 22662, final disposition may proceed.

(Ord. 215 §1, 1988: Ord. 148 §8, 1976)

A public hearing shall be held before the city council on the question of abatement and removal of the vehicle or part 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 part thereof against the property on which it is located upon request for such hearing by the owner of the vehicle or the owner of the land on which such vehicle is located. This request for a hearing shall be made to the city council within ten days after the mailing of notice of intention to abate and remove the vehicle. If the owner of the land on which the vehicle is located submits a sworn statement to the city council denying responsibility for the presence of the vehicle on his land within such time period, the statement shall be construed as a request for a hearing which does not require the presence of the owner submitting such request. If such a request for a public hearing is not received within such period, the chief of police or whomever else the city council shall so designate shall have the authority to remove the vehicle without a public hearing.

(Ord. 148 §9, 1976)

A. All hearings under this article shall be held before the city council which 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 or public property. The city council 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 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 city council may impose such conditions and take such other action as its deems appropriate under the circumstances to carry out the purpose of this article. It may delay the time for removal of the vehicle or part thereof if, in its opinion, 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 this article, 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 part thereof and the correct identification number and license number of the vehicle, if available at the site.

C. 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.

(Ord. 148 §10, 1976)

Five days after adoption of the order declaring the vehicle or parts thereof to be a public nuisance, five days from the date of mailing of notice of the decision if such notice is required by Section 10.16.100, or fifteen days after such action of the governing body authorizing removal following appeal, the vehicle or parts thereof may be disposed of by removal to a scrapyard, automobile dismantler's yard or any suitable site operated by the city for processing as scrap or other disposition provided by the laws of the state. 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 Section 5004 of the California Vehicle Code in which case it may be reconstructed or made operable.

(Ord. 148 §11, 1976)

Within five 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 certificates, certificates of title and license plates.

(Ord. 148 §12, 1976)

If the administrative costs and the cost of removal which are charged against the owner of a parcel of land pursuant to Section 10.16.100 are not paid within thirty 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 Section 38773.5 of the Government Code and shall be transmitted to the tax collector for collection. Said assessment shall have the same priority as other city taxes.

(Ord. 148 §13, 1976)