Morgan Hill Municipal Code Ch. 8.22 Abandoned and Wrecked Motor Vehicles

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

(Ord. 757 § 1 (IV-15-1.01), 1986)

The following words shall have the following meanings for purposes of this chapter:

1. "Highway" means a way or place of whatever nature, publicly maintained and open to the use of the public for the purpose of vehicular traffic. "Highways" includes streets.

2. "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.

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

4. "Public property" means and includes any real property used or dedicated for any public purpose but does not include "highways."

5. "Streets" means and includes public streets, avenues, roads, highways, squares, lanes, alleys, courts or places.

6. "Vehicle" means any 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. 757 § 1 (IV-15-2.01), 1986)

No person shall park, store, leave or allow or permit the parking, storing or leaving of any vehicle or parts thereof which is in a wrecked, dismantled, inoperative or abandoned condition upon any private or public property within the city. This prohibition shall not apply to:

A. A vehicle or parts thereof which is completely enclosed within a building or obscured behind a solid fence in a lawful manner where it is not visible from the street or other public or private property; or

B. 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 dismantled, licensed vehicle dealer or junk or wrecking yard; provided, however, that this exception shall not authorize the maintenance of a public or private nuisance as defined under any other provisions of law.

(Ord. 757 § 1 (IV-15-3.01(part)), 1986)

Except as otherwise provided herein, the provisions of this chapter shall be administered and enforced by the chief of police. In the enforcement of this chapter, the chief or his designate 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 and to remove or cause to be removed a vehicle or parts thereof declared to be a nuisance pursuant to this chapter. When the city council has contracted with or granted a franchise to any person or persons, such person or persons shall also be authorized to enter upon private property or public property to remove or cause the removal of any vehicle or parts thereof declared to be a nuisance pursuant to this chapter.

(Ord. 757 § 1 (IV-15-4.01), 1986)

The city council shall from time to time determine and set by resolution an amount to be assessed for administrative costs incurred in the enforcement of the provisions of this chapter in addition to the actual cost of removal of any vehicle or parts thereof under this chapter. The cost of administration may be set as a fixed sum per removal or as a percentage of the actual cost of removal.

(Ord. 757 § 1 (IV-15-5.01), 1986)

Upon determining the existence of an abandoned, wrecked, dismantled or inoperative vehicle, or parts thereof, on private property or public property within the city, the chief of police shall have the authority to cause the abatement and removal thereof in accordance with the procedures prescribed below:

A. A notice and order to abate and remove the vehicle or parts thereof as a public nuisance shall be sent by registered mail to the owner of the land, and to the owner of the vehicle if known or accountable. The notice shall be in substantially the following form and shall be sent ten days in advance of any further abatement action:

NOTICE AND ORDER TO ABATE NUISANCE (Landowner)

As owner shown on the most recent assessment roll of the land located at ________, you are hereby notified that the undersigned pursuant to the provisions of Chapter 8.22 of the Morgan Hill Municipal Code, has determined that there exists upon said land an abandoned, wrecked, dismantled, or inoperative vehicle, or parts thereof, registered to ___________ or persons unknown, license number _______ which such vehicle and/or parts constitute a public nuisance.

You are hereby ordered to abate said nuisance by removing said vehicle (or parts) within ten (10) days from the date of mailing of this notice. Upon failure to do so the same will be abated and removed by the City. The costs thereof, together with administrative costs will be assessed to you as owner of the land on which said vehicle (or parts) is located.

As owner of the land on which said vehicle (or parts) is located, you may, within ten (10) days after the mailing of this notice, request a hearing. If such request is not received by the Chief of Police within such ten (10) day period, the Chief of Police shall have the authority to abate and remove said vehicle (or parts) and to assess the costs as aforesaid without a hearing.

You may submit a sworn written statement within the ten (10) day period denying responsibility for the presence of said vehicle (or parts) on said land, listing your reasons. Such statement shall be construed as a request for a hearing. Your presence is not required. You may appear in person or instead, you may present a sworn written statement as described.

NOTICE AND ORDER TO ABATE NUISANCE (Vehicle Owner)

As the last registered legal owner of record of ___________ (vehicle), you are hereby notified that the undersigned pursuant to Chapter 8.22 of the Morgan Hill Municipal Code has determined that said vehicle (or parts) exist as an abandoned, wrecked, dismantled or inoperative vehicle and constitute a public nuisance.

You are ordered to abate said nuisance by removing said vehicle (or parts) within ten (10) days of the date of mailing this notice. You may, within ten (10) days after mailing of this notice, request a hearing. If no request is received by the Chief of Police within such ten (10) day period, the Chief shall have the authority to abate and remove said vehicle (or parts) and to assess the costs as aforesaid without a hearing.

(Ord. 757 § 1 (IV-15-6.01), 1986)

A. Upon request by the owner of the vehicle or of the land upon which it is located received by the chief of police within ten days after the mailing of notice and order, a public hearing shall be held by the chief of police or designee regarding abatement and removal of the vehicle or parts thereof and the assessment of the administrative cost and costs of removal against the property on which the vehicle (or parts) 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-day period, said statement shall be construed as request for a hearing. Notice of the hearing shall be mailed, by 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 the identification numbers are not available to determine the ownership. If a request for hearing is not received within said ten days after the mailing of the notice, the city shall have the authority to abate and remove the vehicle or parts thereof as a public nuisance without holding a hearing.

C. All hearings under this chapter shall be held before the chief of police or designee who shall hear all facts and testimony he deems pertinent. Said facts and testimony may include testimony on the condition of the vehicle or parts and the circumstances concerning its location on the real property. The chief of police 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.

D. The chief of police may impose such conditions and take such other actions as he deems appropriate under the circumstances to carry out the purpose of this chapter, and may delay the time for removal of the vehicle (or parts) if, in his opinion, the circumstances justify it. At the conclusion of the hearing, the chief of police or designee may find that the vehicle (or parts) have been abandoned, wrecked, dismantled or are inoperative and may order the same removed from the real property as a public nuisance and dispose of it or them as hereafter provided and determine the administrative cost and the cost of the removal to be charged against the owner of the land. The order requiring removal shall include a description of the vehicle (or parts) and the correct identification number and a license number of the vehicle, if available.

E. If it is determined at the hearing that the vehicle was placed on the property without the consent of the owner of the land and that he has not acquiesced in its presence, the costs of the administration or removal of the vehicle (or parts) shall not be assessed against the property owner.

F. If the landowner submits a sworn written statement denying responsibility for the presence of the vehicle on his land but does not appear, or if any interested party makes a written presentation but does not appear at the hearing, he shall be notified in writing of the decision.

(Ord. 757 § 1 (IV-15-7.01), 1986)

Five days after the adoption of an order declaring the vehicle (or parts) to be a public nuisance, the vehicle or parts thereof may be disposed of by removal to a scrap yard or an automobile dismantler's yard. After a vehicle has been removed, under the provisions of this chapter, it shall not thereafter be reconstructed or made operable. Within five days after the date of the removal of the vehicle (or parts), notice shall be given to the Department of Motor Vehicles identifying the vehicle (or parts) 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. 757 § 1 (IV-15-8.01), 1986)

If the costs of administration of this chapter and cost of the removal charged against the landowner pursuant to this chapter are not paid within thirty days of the date of the order, such costs shall be assessed against the parcel of land pursuant to Section 38773.5 of the Government Code or as amended, and shall be transmitted to the tax collector for collection. Said assessment shall have the same priority as other city taxes.

(Ord. 757 § 1 (IV-15-9.01), 1986)

It is 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 real property not including highways within the city for a period in excess of three days unless such vehicle (or parts) is completely enclosed within a building or secured by a sight-proof fence in a lawful manner not plainly visible from the street or other real property or unless such a vehicle is stored or parked in a lawful manner on real property in connection with the business of a licensed dismantler, licensed vehicle dealer, licensed junkyard or other similar duly licensed business conducted pursuant to the law and such parking or storing of vehicles or parts is necessary to the operation of that business.

(Ord. 757 § 1 (IV-15-10.01), 1986)

It is unlawful for any person to fail or refuse to remove any abandoned, wrecked, dismantled or inoperative vehicle or parts or to refuse to abate such nuisance when ordered to do so in accordance with this chapter.

(Ord. 757 § 1 (IV-15-11.01), 1986)

It is unlawful for any person to interfere with, hinder or refuse admittance to any person authorized by this chapter to enter upon real property for the purpose of enforcing the provisions of this chapter.

(Ord. 757 § 1 (IV-15-12.01), 1986)

This chapter is not intended to be the exclusive regulation of abandoned, wrecked, dismantled or inoperative vehicles within the city. Rather, it is intended to supplement and be in addition to other regulations, codes, statutes and ordinances theretofore or hereafter enacted by the city, the state or any other legal entity or agency having jurisdiction.

(Ord. 757 § 1 (IV-15-3.01(part)), 1986)

It is unlawful for any person to violate any of the provisions of this chapter.

(Ord. No. 2276 N.S., § 27, 5-2-2018)

Editor's note— Ord. No. 2276 N.S., § 27, adopted May 2, 2018, amended § 8.22.140 in its entirety to read as herein set out. Former § 8.22.140 pertained to penalty and derived from Ord. 757, § 1(IV-15-13.01), adopted in 1986.