Montague Municipal Code Ch. 10.04 Abandoned Vehicles

A. “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.”

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

• C. “Owner of the vehicle” means the last registered owner and legal owner of record.

• D. “Public property” does not include “highway.”

E. “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. 87-5 § 1 (part), 1987)

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 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 hereby 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 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 chapter. (Ord. 87-5 § 1 (part), 1987)

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 enacted before or after the effective date of the ordinance codified in this chapter by the city, the state or any other legal entity or agency having jurisdiction. (Ord. 87-5 § 3, 1987)

This chapter shall not apply to:

A. 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

B. 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;

C. A vehicle or part thereof which is located behind a solid fence six feet in height and which is not plainly visible from a highway. (Ord. 87-5 § 2 (part), 1987)

Nothing in Section 10.04.040 authorizes 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. (Ord. 87-5 § 2 (part), 1987)

Except as otherwise provided in this chapter, the provisions of this chapter shall be administered and enforced by the county sheriffs department or a designated city employee. 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. (Ord. 2-01 § 1, 2001; Ord. 87-5 § 4, 1987)

Upon discovering the existence of an abandoned, dismantled or inoperative vehicle, or parts thereof, on private or public property within the city, the sheriffs office or a designated city employee shall have authority to cause the abatement and removal thereof and to remove or cause the removal of a vehicle or part thereof declared to be a nuisance pursuant to this chapter, if the owner of the property consents, or if a search warrant is first duly obtained in accordance with the procedure described in this chapter. (Ord. 2-01 § 2, 2001; Ord. 90-2, 1990; Ord. 87-5 § 7, 1987)

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. (Ord. 87-5 § 5, 1987)

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. (Ord. 87-5 § 6, 1987)

A ten-day notice of intention to abate and remove the vehicle or parts thereof as a public nuisance shall be mailed by certified or 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 notices of intention 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)

As owner shown on the last equalized assessment roll of the land located at (address), you are hereby notified that the undersigned pursuant to (section of ordinance) 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 (ordinance number).

You are hereby notified to abate said nuisance by the removal of said vehicle (or said parts of a vehicle) within 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 Montague 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 part of a vehicle) is located, you are hereby notified that you may, within 10 days after the mailing of this notice of intention, request a public hearing and if such a request is not received by the City Clerk within such 10 day period, the Sheriffs Department 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 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 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 MAILED ___________

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s/ ________________________

SHERIFF OR DESIGNATED ALTERNATE

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 (description of vehicle, make, model, license, etc.), you are hereby notified that the undersigned pursuant to (section of ordinance) 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 pursuant to the provision of (ordinance number).

You are hereby notified to abate said nuisance by the removal of said vehicle (or said parts of a vehicle) within 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 10 days after the mailing of this notice of intention, request a public hearing and if such a request is not received by the City Clerk within such 10-day period, the Sheriffs Department shall have the authority to abate and remove said vehicle (or said parts of a vehicle) without a hearing.

NOTICE MAILED _________________

(DATE)

s/ ________________________

SHERIFF OR DESIGNATED ALTERNATE

(Ord. 87-5 §8, 1987)

Upon request by the owner of the vehicle or owner of the land received by the planning commission within ten days after the mailing of the notices of intention to abate and remove, a public hearing shall be held by the planning commission 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. (Ord. 87-5 § 9 (part), 1987)

If the owner of the land submits a sworn written statement denying responsibility for the presence of the vehicle on his land within the ten-day period provided for in Sections 10.04.100 and 10.04.110, 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 certified or registered mail, at least ten 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 a request for hearing is not received within ten 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. 87-5 § 9 (part), 1987)

A. All hearings under this chapter shall be held before the planning commission which shall hear all facts and testimony it deems pertinent. The facts and testimony may include testimony about the condition of the vehicle or parts thereof and the circumstances concerning its location on the private property or public property. The planning commission 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 reasons for such denial.

B. The planning commission may impose such conditions and take such other action as it deems appropriate under circumstances to carry out the provisions of this chapter. It may delay the time for removal of the vehicle or parts thereof if, in its opinion, the circumstances justify it. At the conclusion of the public hearing, the planning commission may find that a vehicle or parts thereof have 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 chapter, 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.

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 council 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.

C. If the owner of the land submits a sworn 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 planning commission but does not appear, he shall be notified in writing of the decision. (Ord. 87-5 § 10, 1987)

A. All interested parties may appeal the decision of the planning commission by filing a written notice of appeal with the city clerk within five days after 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 Section 10.04.100.

D. In conducting the hearing the city council shall not be limited by the technical rules of evidence. (Ord. 87-5 § 11, 1987)

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 notice is required by Section 10.04.130, 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 or automobile dismantler’s yard. After a vehicle has been removed it shall not thereafter be reconstructed or made operable. (Ord. 87-5 § 12, 1987)

If the administrative costs and the cost of removal which are charged against the owner of a parcel of land pursuant to Section 10.04.130 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. The assessment shall have the same priority as other city taxes. (Ord. 87-5 § 14, 1987)

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 that time there shall be transmitted to the Department of Motor Vehicles any evidence of registration available, including registration certificate, certificate of title and license plates. (Ord. 87-5 § 13, 1987)

It is unlawful and a misdemeanor for any person to abandon, park, store 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 days unless such vehicle or parts thereof is completely enclosed within a building in a lawful manner where it is not plainly visible form the street or other public or private property, or unless such vehicle is stored or parked in a lawful manner on private property in connection with the business of a licensed dismantler, licensed vehicle dealer or a junkyard. (Ord. 87-5 § 15, 1987)

It is unlawful and a misdemeanor for any person to fail or refuse to remove an abandoned, wrecked, dismantled or inoperative vehicle or parts 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. 87-5 § 16, 1987)