Monte Sereno Municipal Code Ch. 4.09 Abatement and Removal of Abandoned and Other Vehicles

It shall be unlawful 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 or public property, not including highways, within the City for a period in excess of three (3) 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.

The provisions of this Chapter 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. A vehicle of historic value, as defined in the Vehicle Code of the State, or as hereafter amended, or one which is a vintage or antique vehicle; or

C. A vehicle, or parts thereof, actively being used in connection with a school or personal project of any student or youth, so long as such vehicle is housed as provided in subsection A.

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 of the State and this Chapter.

The provisions of this Chapter are not the exclusive regulation of abandoned, wrecked, dismantled, or inoperative vehicles within the City. The provisions of this Chapter shall supplement and be in addition to the provisions of this Code and the other regulatory codes, statutes, and laws heretofore or hereafter enacted by the City, the State, or any other legal entity or agency having jurisdiction.

Except as otherwise provided in this Chapter, it shall be the duty of the City Manager, the City Clerk, and their authorized representatives, respectively, and all officers of the City Police to enforce the provisions of this Chapter. In the enforcement of the provisions of this Chapter, the persons designated in this section may enter upon private or public property to examine a vehicle, or parts thereof, or to obtain information as to the identity of a vehicle owner and to cause the removal of a vehicle, or parts thereof, declared to be a nuisance pursuant to this Chapter.

When the Council has contracted with or granted a franchise to any person or persons, such person or persons may enter upon private or public property to examine a vehicle, or parts thereof, or to obtain information as to the identity of a vehicle owner and to cause the removal of a vehicle, or parts thereof, declared to be a nuisance pursuant to this Chapter.

The Council shall from time to time establish by resolution an amount to be assessed as administrative costs, excluding the actual cost of the removal of any vehicle, or parts thereof, for the purposes of administering the provisions of this Chapter.

Upon discovering the existence of an abandoned, wrecked, dismantled, or inoperative vehicle, or parts thereof, on private property or public property within the City, any person having authority to enforce this Chapter may cause the abatement and removal thereof in accordance with the procedure set forth in this Chapter.

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 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 4.09.080 of the Monte Sereno Municipal Code, has determined that there exists upon said land an abandoned, wrecked, dismantled, or inoperative vehicle, or parts thereof, registered to license number , which constitutes a public nuisance pursuant to the provisions of Chapter 9 of Title 4 of the Monte Sereno 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 of Monte Sereno, and the costs thereof, together with the 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 City Clerk within such ten (10) days period, the City of Monte Sereno 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 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 construed as a request for a 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.

[ALTERNATE NOTICE]

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 the 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 4.09.070 of the Monte Sereno 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 pursuant to the provisions of Chapter 9 of Title 4 of the Monte Sereno 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 after 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 City Clerk within such ten (10) day period, the City of Monte Sereno shall have the authority to abate and remove said vehicle (or said parts of a vehicle) without a hearing.

Upon a written request received by the City Clerk within ten (10) days after the mailing of the notices of intention to abate and remove, the owner of the vehicle or land upon which it sits may seek a public hearing to be held by the City Manager on the question of the 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 costs of removal of the vehicle, or parts thereof, against the property on which it is located.

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 (10) day period, such statement shall be construed as a request for a hearing which does not require his or her presence. Notice of the hearing shall be mailed by the City Clerk, by registered or certified mail, 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.

If such a request for a hearing is not received within said ten (10) days after the 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.

All hearings held pursuant to the provisions of Chapter 9 and 4.09.090, shall be held before the City Manager who shall hear all facts and testimony he or she deemed pertinent. Facts and testimony may include testimony on the condition of the vehicle, or parts thereof, and the circumstances concerning its location on the private 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, and deny responsibility for the presence of the vehicle on the land, with the owner's reasons for such denial.

The City Manager may impose such conditions and take such other action deemed appropriate under the circumstances to carry out the purposes of this Chapter. The City Manager may delay the time for the removal of the vehicle, or parts thereof, if, in his or her opinion, the circumstances so justify. At the conclusion of the hearing, the City Manager may find that the vehicle, or parts 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 Chapter and determine the administrative costs and the costs 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.

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 or she 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 such owner of the land.

If the owner of the land submits a sworn written statement denying responsibility for the presence of the vehicle on his or her land but does not appear, or if an interested party makes a written presentation to the City Manager but does not appear, such owner or interested party shall be notified in writing of the decision by registered or certified mail.

Any interested party may appeal the decision of the City Manager by filing a written notice of appeal with the City Manager within five (5) days after his or her decision.

The appeal shall be heard by the Council which may affirm, modify, or reverse the order of the City Manager or take other action deemed appropriate. The decision of the Council shall be final.

The City Clerk shall give a written notice of the time and place of the hearing to the appellant and those persons specified in Section 4.09.080 of this Chapter.

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

Five (5) days after the adoption of the order by the City Manager declaring the vehicle, or parts thereof, to be a public nuisance, or five (5) days after the date of the mailing of the notice of the decision, if the notice is required by Section 4.09.100 of this Chapter, or fifteen (15) days after action by the Council authorizing removal following appeal, the vehicle, or parts thereof, may be disposed of by removal by the City to a scrapyard or automobile dismantler's yard. After a vehicle has been removed it shall not thereafter be reconstructed or made operable.

Within five (5) days after the date of the removal of the vehicle, or parts thereof, notice shall be given to the Department of Motor Vehicles of the State 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.

If the administrative costs and the costs of removal which are charged against the owner of a parcel of land pursuant to this Chapter are not paid within thirty (30) days after the date of the order, or the final disposition of an appeal therefrom, the costs shall be assessed against the parcel of land pursuant to the provisions of Section 38773.5 of the Government Code of the State and shall be transmitted to the Tax Collector for collection. Such assessment shall have the same priority as other City taxes.

It shall be unlawful for any person to fail or refuse to remove an abandoned, wrecked, dismantled, or inoperative vehicle, or parts thereof, or to 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.

Any person found guilty of violating any provision of this Chapter shall be deemed guilty of an infraction.