Mendota Municipal Code Ch. 10.16 Abandoned Vehicles

As used in this chapter:

"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.

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

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

"Public property" means and includes "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, or any parts thereof.

(Prior code § 6.02.002)

(Ord. No. 19-10, § 2, 10-8-2019)

The 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 public health, safety and general welfare. Therefore, the presence of an abandoned, wrecked, dismantled or inoperative vehicle or parts thereof, on private or public property including highways, 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.

(Prior code § 6.02.001)

(Ord. No. 19-10, § 3, 10-8-2019)

Any search or seizure authorized pursuant to this chapter shall comply with the Fourth Amendment's prohibition against unreasonable searches and seizures. Unless exigent circumstances are present, a warrant must be obtained for any search or seizure that unreasonably interferes with an individual's reasonable expectation of privacy. Exigent circumstances include, but are not limited to, the storage of abandoned, wrecked, dismantled or inoperative vehicle in a manner that constitutes an immediate threat to public health or safety.

(Ord. No. 19-10, § 4, 10-8-2019)

A. This chapter 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; or

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.

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 11 of the Vehicle Code and this chapter.

(Prior code § 6.02.003)

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, the state of California or any other legal entity or agency having jurisdiction.

(Prior code § 6.02.004)

Except as otherwise provided in this chapter, the provisions of this chapter shall be administered and enforced by the code enforcement officer designated by the city. 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 and to remove or cause the removal of a vehicle or parts thereof declared to be a nuisance pursuant to this chapter.

(Ord. 08-09 § 1, 2008; prior code § 6.02.005)

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.

(Prior code § 6.02.006)

The city council, by resolution, 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 chapter.

(Prior code § 6.02.007)

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 code enforcement officer designated by the city shall have the authority to cause the abatement and removal thereof in accordance with the procedure prescribed in this chapter.

(Ord. 08-09 § 2, 2008; prior code § 6.02.008)

A ten (10) 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 and to the owner of the vehicle, unless the vehicle is in such condition that identification numbers are not available to determine ownership. The notice shall contain a statement of the hearing rights of the owner of the property upon which the vehicle is located and of the owner of the vehicle. It shall further contain a notice to the property owner that such 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, and the property owner's reasons for such denial, in lieu of appearing at the public hearing.

(Prior code § 6.02.009)

Notwithstanding Section 10.16.090 of this chapter, no notice of intention to abate need be given in the event the owner of the property upon which the vehicle is located and the owner of the vehicle sign releases authorizing removal and waiving further interest in the vehicle or parts thereof.

(Prior code § 6.02.010)

A. No notice of intention to abate as provided for under Section 10.16.090 of this chapter need be given if:

1. The owner of the property upon which the vehicle is located has signed a release authorizing removal and waiving further interest in the vehicle; and

2. The vehicle is:

i. Inoperable due to the absence of a motor, transmission or wheels and incapable of being towed;

ii. Valued at less than two hundred dollars ($200.00) by a person specified in California Vehicle Code Section 22855;

iii. Located upon a parcel that is either zoned for agricultural use or not improved with a residential structure containing one or more dwelling units; and

iv. Determined by the enforcement officer to be a public nuisance presenting an immediate threat to public health or safety.

B. In the event a vehicle is abated pursuant to this section and evidence of registration was recovered or is otherwise available, then, prior to final disposition pursuant to California Vehicle Code Section 22662, notice shall be mailed to the registered and/or legal owners of the vehicle informing them that the city intends to dispose of the vehicle or parts thereof, and that if the vehicle or part thereof is not claimed and removed from the storage yard to which the vehicle has been moved within twelve (12) days after the notice is mailed, final disposition may proceed pursuant to Vehicle Code Section 22662.

C. Pursuant to California Vehicle Code Section 22661(c), neither the city nor any contractor hired by the city shall be liable for damage caused to a vehicle or parts thereof by removal pursuant to this section.

(Ord. 95-07 § 7, 1995: prior code § 6.02.011)

(Ord. No. 19-10, § 5, 10-8-2019)

A. Upon request by the owner of the vehicle or owner of the land received by the city manager within ten (10) days after the mailing of the notices of intention to abate and remove, a public hearing shall be held by the city manager 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, the 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 mail, at least five 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 request for hearing is not received within 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. 08-09 § 3, 2008; prior code § 6.02.012)

A preliminary hearing under this chapter shall be held before the city manager who shall hear all facts and testimony he deems pertinent. The facts and testimony may include testimony on the condition of the vehicle or parts thereof and the circumstances concerning its location on the private property or public property. The city manager 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, denying responsibility for the presence of the vehicle on the land, with his reasons for such denial.

(Ord. 08-09 § 4, 2008; prior code § 6.02.013)

The city manager may impose such conditions and take such other action as he deems appropriate under the circumstances to carry out the purpose of this chapter. He may delay the time for removal of the vehicle or parts thereof if, in his opinion, the circumstances justify it. At the conclusion of the public hearing, the city manager may find that a vehicle or parts thereof have been abandoned, wrecked, dismantled or are inoperative on private or public property and order the same removed from the property as a public nuisance and disposed of as hereinafter provided and determined, the administration 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.

(Ord. 08-09 § 5, 2008; prior code § 6.02.014)

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 city manager 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.

(Ord. 08-09 § 6, 2008; prior code § 6.02.015)

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 city manager but does not appear, he shall be notified in writing of the decision. The notice of the decision shall be effective as of the date such notice is mailed.

(Ord. 08-09 § 7, 2008; prior code § 6.02.016)

A. The owner of the property upon which the vehicle is located, or the owner of the vehicle, may appeal any decision of the city manager by requesting a hearing on the matter before the city council. A written request for the hearing must be received by the city within five days after the preliminary hearing or five days after the mailing of the notice of decision if such notice is required pursuant to Section 10.16.160 of this chapter. Any decision or order of the city manager shall be stayed pending the hearing before and order of the city council.

B. The hearing shall be held at the next regular city council meeting following the receipt by the city of the request for the hearing. However, the city may, at its discretion, hold the hearing at a special meeting of the city council, written notice of which shall be mailed to the owner at least three days prior thereto.

C. The hearing before the city council shall be governed by the procedures set forth in Section 10.16.130 and the city council shall exercise the authority and duties set forth in Sections 10.16.140, 10.16.150 and 10.16.160.

(Ord. 08-09 § 8, 2008; prior code § 6.02.017)

Five days after adoption of the order declaring nuisance or five days from the date of mailing of notice of the decision if such notice is required by Section 10.16.140, the vehicle or parts thereof may be disposed of by removal to a scrapyard or automobile dismantler's yard to be disposed of pursuant to California Vehicle Code Section 22662. After a vehicle has been removed it shall not thereafter be reconstructed or made operable, unless it is a vehicle that qualifies for either horseless carriage license plates or historical vehicle license plates, pursuant to California Vehicle Code Section 5004, in which case the vehicle may be reconstructed or made operable.

(Prior code § 6.02.018)

(Ord. No. 19-10, § 6, 10-8-2019)

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

(Prior code § 6.02.019)

If the administrative costs and the cost of removal which are charged against the owner of a parcel of land pursuant to Section 10.16.140 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 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.

(Prior code § 6.02.020)

If any section, sentence, clause or phrase of this chapter is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portion of this chapter. The city council hereby declares that it would have passed this ordinance and adopted this chapter and each section, sentence, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional.

(Ord. No. 19-10, § 7, 10-8-2019)