Modesto Municipal Code Art. 19 Abandonment of Motor Vehicles

In addition to and in accordance with the determination made and the authority granted by the State of California 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 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, is found to create a deteriorating environmental condition that if ignored and allowed to grow will damage and eventually ruin the security, health and economic vitality of a business district or a neighborhood. Such a condition tends to reduce the value of private property, to promote 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 hereinafter permitted, is declared to constitute a public nuisance which may be abated as such in accordance with the provisions of this article.

(Added by Ord. 3077-C.S., § 1, effective 2-26-98)

(a) Abandoned vehicle includes the following:

(1) Public nuisance vehicle: Any vehicle, or parts thereof, that is abandoned, wrecked, dismantled, partially dismantled, or inoperative, that is left on public or private property, not including highways, and that creates a deteriorating environmental condition, reduces the value of private property, promotes deterioration of a business district or neighborhood, invites plundering, creates fire hazards, constitutes an attractive nuisance endangering the health and safety of minors, harbors rodents and insects or jeopardizes health, safety and general welfare.

(2) Abandoned vehicle: A vehicle is abandoned if it is left on public property, not including highways, or on private property in such inoperable and neglected condition that the owner's intention to relinquish his right to possession or all further rights or interests in it may be reasonably concluded.

(b) Dismantled vehicle: Any vehicle that is partially or wholly disassembled, or in pieces, and is disabled by such condition.

(c) Hearing officer: The City Manager or his/her designee.

(d) Highway: 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.

(e) Inoperative vehicle: Any vehicle that is:

(1) Mechanically incapable of being driven because it is missing any part essential for movement or such essential parts are broken or defective; or

(2) Prohibited from being operated on a public street or highway pursuant to Vehicle Code Sections 4000, 5202, 24002, or 40001, concerning license plates, registration, equipment, safety and related matters except where the owner has filed a Certificate of Nonoperation as required by Vehicle Code Section 4604.

(f) Owner of the land: The owner of the land on which the vehicle, or parts thereof, is located, as shown on the last equalized assessment roll.

(g) Owner of the vehicle: The last registered owner and legal owner of record.

(h) Public property: Does not include "highway."

(i) 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.

(j) Wrecked vehicle: A wrecked vehicle is one which is destroyed, disabled, seriously damaged, crashed or ruined to such an extent that it cannot operate under its own power upon the highway without significant repairs. A vehicle which has been wrecked in a traffic accident, and which has been removed from the roadway to a storage facility, but which has not been claimed by its owner, will not be considered an abandoned vehicle.

(Added by Ord. 3077-C.S., § 1, effective 2-26-98)

This article shall not apply to:

(a) 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

(b) Any vehicle, or parts thereof, located behind a solid fence five (5) feet in height and not visible from the highway; or

(c) A vehicle, or parts thereof, which is placed totally within a carport and completely covered by a tarpaulin or similar covering; or

(d) 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. 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 article.

(Added by Ord. 3077-C.S., § 1, effective 2-26-98)

Except as otherwise provided herein, or by law, the provisions of this article shall be administered and enforced by the Modesto Police Chief. In the enforcement of this article, the Police Chief, and his/her designated employees, 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 article as authorized by California Vehicle Code Sections 2263 and 2269.

(Added by Ord. 3077-C.S., § 1, effective 2-26-98)

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.

(Added by Ord. 3077-C.S., § 1, effective 2-26-98)

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.

(Added by Ord. 3077-C.S., § 1, effective 2-26-98)

The Police Chief shall have the authority to cause the abatement and removal of an abandoned, wrecked, dismantled, or inoperative vehicle, or parts thereof, on private property or public property within the City in accordance with the procedure set forth in this article.

(Added by Ord. 3077-C.S., § 1, effective 2-26-98)

(a) Except as otherwise provided by law or this article, not less than 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 or certified mail to the owner of the land and to the owner of the vehicle, unless the property owner and the owner of the vehicle have signed releases authorizing removal and waiving further interest in the vehicle, or parts thereof, except as provided in Vehicle Code Section 22661(c).

(b) The notices of intention to abate and remove a vehicle, or parts thereof, shall be in substantially the following forms:

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 owner of the land)

An owner shown on the last equalized assessment roll of the land located at (address), you are hereby notified that the undersigned pursuant to Section 4-7.1907 of the Modesto 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.

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 of Modesto 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 located.

As owner of the land on which said vehicle (or said parts of a vehicle) is 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 Police Chief of the City of Modesto within such ten (10) day period, the Police Chief 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 reasons for denial, and such statement shall be constituted 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.), you are hereby notified that the undersigned pursuant to Section 4-7.1907 of the Modesto Municipal Code has determined that said vehicle (or parts of a vehicle) exists as an abandoned, wrecked, dismantled or inoperative vehicle at (describe location on public or private property) and constitutes a public nuisance.

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 if such a request is not received by the Police Chief of the City of Modesto within such ten (10) day period, the Police Chief shall have the authority to abate and remove said vehicle (or said parts of a vehicle) without a hearing.

(Added by Ord. 3077-C.S., § 1, effective 2-26-98)

(a) Upon request by the owner of the land or the owner of the vehicle, received by the Police Chief within ten (10) days after the mailing of the notice of intention to abate and remove, a public hearing shall be held by the City Manager or his/her designee on the question of abatement and removal of the vehicle, or parts thereof, as an abandoned, wrecked, dismantled or inoperative vehicle. The hearing officer shall determine the administrative costs and costs of removal of the vehicle, or parts thereof, to be assessed against the property on which it is located. If such a request for hearing is not received within the 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.

(b) If the owner of the land submits a sworn written statement denying responsibility for the presence of the vehicle on the owner's land within such ten (10) day period, the statement shall be construed as a request for a hearing which does not require the owner's presence.

(c) 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 to the owner of the vehicle, unless the vehicle is in such condition that identification numbers are not available to determine ownership.

(Added by Ord. 3077-C.S., § 1, effective 2-26-98)

(a) All hearings under this article shall be held before the City Manager or his/her designee who shall hear all facts and testimony the hearing officer 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 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 and deny responsibility for the presence of the vehicle on the land. The owner of the land shall present reasons upon which he/she bases his/her denial of responsibility.

(b) The hearing officer may impose such conditions and take such other action as the hearing officer deems appropriate under the circumstances to carry out the purpose of this article. The hearing officer may delay the time for removal of the vehicle, or parts thereof, if, in the hearing officer's opinion, the circumstances justify it.

(c) At the conclusion of the public hearing the hearing officer may find that a vehicle, or parts thereof, in existence on public or private property, has been abandoned, wrecked, dismantled, or is inoperative, and order the same removed from the property as a public nuisance and disposed of as hereinafter provided. The hearing officer shall 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.

(d) 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 the owner 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 owner of the land.

(e) If the owner of the land submits a sworn written statement denying responsibility for the presence of the vehicle on the owner's land but does not appear, or if an interested party makes a written presentation to the hearing officer but does not appear, he shall be notified in writing of the decision.

(Added by Ord. 3077-C.S., § 1, effective 2-26-98)

The order of the hearing officer shall be final. There shall be no right of appeal to the City Council of the City of Modesto. The order of the hearing officer is reviewable by filing a petition for writ of mandate in the Superior Court pursuant to California Code of Civil Procedure Section 1094.5.

(Added by Ord. 3077-C.S., § 1, effective 2-26-98)

Five (5) days after adoption of the order declaring the vehicle, or parts thereof, to be a public nuisance, or five (5) days from the date of mailing of notice of the decision if such notice is required by Section 4-7.1910(e), and upon the issuance of an inspection and abatement warrant by the Stanislaus County Municipal Court, the vehicle, or parts thereof, may be removed and stored or disposed of in accordance with the provisions of Vehicle Code Sections 22669, 22851.2, 22851.3 and the provisions of this article. After a vehicle has been removed, it shall not thereafter be constructed 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 the vehicle may be reconstructed or made operable.

(Added by Ord. 3077-C.S., § 1, effective 2-26-98)

Within five (5) 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.

(Added by Ord. 3077-C.S., § 1, effective 2-26-98)

If the administrative costs and the cost of removal which are charged against the owner of a parcel of land pursuant to Section 4-7.1910 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. The assessment shall have the same priority as other taxes.

(Added by Ord. 3077-C.S., § 1, effective 2-26-98)

It is unlawful and an infraction for any person to abandon, keep, park, store, maintain, or leave or permit the abandonment, parking, storing or leaving of any licensed or unlicensed vehicle, or parts thereof, which is in an abandoned, wrecked, dismantled or inoperative condition upon any private property or public property, not including highways, within the City for a period in excess of thirty (30) days unless such vehicle or parts thereof is completely enclosed within a building in a lawful manner where it is not plainly visible from the street or other public or 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.

(Added by Ord. 3077-C.S., § 1, effective 2-26-98)

This article is not the exclusive regulation of abandoned, wrecked, dismantled or inoperative vehicles within the City of Modesto. It shall supplement and be an addition to other regulatory codes, statutes, and ordinances as enacted by the City of Modesto, the state, or any other legal entity or agency having jurisdiction.

(Added by Ord. 3077-C.S., § 1, effective 2-26-98)

If any section, subsection, sentence, clause, phrase or portion of this article is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this article. The City Council declares that it would have adopted each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases or portions be declared invalid or unconstitutional.

(Added by Ord. 3077-C.S., § 1, effective 2-26-98)