Mountain View Municipal Code Ch. 39 Vehicles Abandoned, Wrecked, Dismantled or Inoperative

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 unlicensed, unregistered, abandoned, wrecked, dismantled or inoperative vehicles or parts thereof as public nuisances, the city council finds and determines that the accumulation and storage of unlicensed, unregistered, abandoned, wrecked, dismantled, or inoperative vehicles or parts thereof on private or public property not including highways creates 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 a minor, to create a harborage for rodents and insects and to be injurious to the aesthetics, health, safety and general welfare of the community.

(Ord. No. 38.75, 11/24/75; Ord. No. 3.89, 1/31/89.)

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

(Ord. No. 38.75, 11/24/75; Ord. No. 3.89, 1/31/89.)

For the purpose of this chapter, the following words, terms or phrases shall have the meaning set forth herein. When not inconsistent with the context, words used in any particular tense, number or gender include any other tense, number and gender. The word "may" is always directory and discretionary and not mandatory: the word "shall" is always mandatory and not directory, or discretionary.

a. "City" means the City of Mountain View, California.

b. "City manager" means the chief administrative officer of the City of Mountain View.

c. "Council" means the city council of the City of Mountain View.

d. "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."

e. The term "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.

f. The term "owner of the vehicle" means the last registered owner and legal owner of record.

g. "Person" means any natural person, firm, association, organization, partnership, trust, or association of persons, joint venture, corporation or company, and any officer or agent thereof.

h. The term "public property" does not include "highway."

i. "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. No. 38.75, 11/24/75; Ord. No. 3.89, 1/31/89.)

The provisions of this chapter shall not apply to any of the following:

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, 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 chapter.

(Ord. No. 38.75, 11/24/75; Ord. No. 3.89, 1/31/89.)

This chapter is not the exclusive regulation of unlicensed, unregistered, abandoned, wrecked, dismantled or inoperative vehicles within the city. It shall supplement and be in addition to other provisions of this Code or to other regulatory codes, statutes, and ordinances heretofore or hereafter enacted by the city, the state or any other legal entity or agency having jurisdiction.

(Ord. No. 38.75, 11/24/75; Ord. No. 3.89, 1/31/89.)

Except as otherwise provided herein, the provisions of this chapter shall be administered and enforced by the chief of the police department of the city or by any other regularly salaried, full-time officer or employee of the city designated by the city manager. In the enforcement of this chapter, the chief, or any officer or employee of the police department, or any other officer or employee of the city designated by the city manager may enter upon private property 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 and/or injurious to the aesthetics, health, safety and general welfare of the community pursuant to this chapter.

(Ord. No. 38.75, 11/24/75; Ord. No. 3.89, 1/31/89.)

When the 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 and/or to be injurious to the aesthetics, health, safety and general welfare of the community pursuant to this chapter.

(Ord. No. 38.75, 11/24/75; Ord. No. 3.89, 1/31/89.)

Notice of intention to abate and remove the vehicle or parts thereof as a public nuisance and/or a condition injurious to the aesthetics, health, safety and general welfare of the community shall be given not less than ten (10) days prior to intended removal. Such notice shall contain a statement of the hearing rights of the owner of the property on which the vehicle is located and the owner of the vehicle. The statement shall include notice to the property owner that he may appear in person at a hearing or may present a sworn written statement denying responsibility for the presence of the vehicle on the land, with his reasons for such denial, in lieu of appearing. The notice of intention to abate shall be mailed, by registered or certified mail, to the owner of the land as shown on the last equalized assessment roll and to the last registered and legal owner of record unless the vehicle is in such condition that identification numbers are not available to determine ownership.

(Ord. No. 38.75, 11/24/75; Ord. No. 3.89, 1/31/89.)

The city shall hold a public hearing upon request of the owner of the vehicle or the owner of the land on which such vehicle was located. The request shall be made to the chief of police within ten (10) days after the mailing of notice of intention to abate and remove the vehicle. If the owner of the land on which the vehicle is located submits a sworn written statement denying responsibility for the presence of the vehicle on his land within such time period, this statement shall be construed as a request for hearing which does not require the presence of the owner submitting such request. If such a request is not received within such period, the chief of the police department shall have the authority to remove the vehicle forthwith.

(Ord. No. 38.75, 11/24/75; Ord. No. 3.89, 1/31/89.)

a. All hearings under this chapter shall be held before the chief of the police department or anyone designated by him.

b. At the time set for a hearing or at any adjournment thereof, the person holding the hearing, and who shall not be limited by the technical rules of evidence, shall proceed to hear the matter and all facts and testimony which that person 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 said private property or public property.

c. The owner of the land on which the vehicle, or parts thereof, is located may appear in person at the hearing or present a sworn written statement denying responsibility for the presence of the vehicle on the land, with his reasons for such denial.

(Ord. No. 38.75, 11/24/75; Ord. No. 3.89, 1/31/89.)

a. At the conclusion of the public hearing, the person holding the hearing may find that a vehicle, or parts thereof, has been unlicensed, unregistered, abandoned, wrecked, dismantled, or is inoperative on private or public property and order the same removed from the property as a public nuisance and/or a condition injurious to the aesthetics, health, safety and general welfare of the community and disposed of as hereinafter provided. 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.

b. The person holding the hearing may impose such conditions and take such other action as he/she deems appropriate under the circumstances to carry out the purpose of this chapter.

c. If any interested party makes a written presentation to the person holding the hearing but does not appear, he/she shall be notified in writing of the decision or order.

(Ord. No. 38.75, 11/24/75; Ord. No. 3.89, 1/31/89.)

Any aggrieved party may appeal the decision of the hearing officer to the city council by filing a written notice of appeal with the city clerk within five (5) days after the decision.

The council at its first regular meeting following filing of the written appeal shall set the appeal for hearing. The city clerk shall serve written notice of the time, location and date of the hearing in the manner and upon the persons specified in Sec. 39.8 and upon the person filing the written appeal.

(Ord. No. 38.75, 11/24/75; Ord. No. 3.89, 1/31/89.)

At the time set for the hearing on an appeal, or at any adjournment thereof, the council, which shall not be limited by the technical rules of evidence, shall proceed to hear the matter. Following the hearing, the council may affirm, amend or reverse the decision or order requiring removal, or take such other action as it deems appropriate under the circumstances to carry out the purpose of this chapter.

(Ord. No. 38.75, 11/24/75; Ord. No. 3.89, 1/31/89.)

Any unlicensed, unregistered, abandoned, wrecked, dismantled or inoperative vehicle or any parts thereof, may be disposed of by removal to a scrapyard or to any automobile dismantler's yard, or to any suitable site which hereafter may be operated by the city, for processing as scrap, or to any other place which the council by resolution may designate:

a. Twelve (12) days after the mailing of the notice of intention to abate as required by Sec. 39.8, unless action constituting a request for a hearing is made;

b. Ten (10) days after the order requiring removal by the hearing officer, following the public hearing, unless an appeal is filed with the city council pursuant to this chapter;

c. Three (3) days after the decision of the city council authorizing removal.

After a vehicle has been removed, it shall not thereafter be reconstructed or made operable.

(Ord. No. 38.75, 11/24/75; Ord. No. 3.89, 1/31/89.)

Within five (5) days after the date of removal of a 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 available registration, including registration certificates, certificates of Title and license plates.

(Ord. No. 38.75, 11/24/75; Ord. No. 3.89, 1/31/89.)

It is unlawful for any person:

a. To reconstruct or make operable or permit the reconstruction or making operable of any vehicle after it has been removed pursuant to an order issued under the provisions of this chapter;

b. To abandon, park, store, or leave or permit the abandonment, parking, storing or leaving of any licensed or unlicensed vehicle, or any part or parts thereof, which is in an unlicensed, unregistered, 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 seventy-two (72) or more consecutive hours unless such vehicle, or any part or parts thereof, is completely enclosed within a building in a lawful manner where it or they are not visible from the street or other public or private property, or unless such vehicle, or any part or parts thereof, 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; or

c. To fail or refuse to remove an unlicensed, unregistered, abandoned, wrecked, dismantled or inoperative vehicle, or any part or parts thereof, or refuse to abate such nuisance and/or condition injurious to the aesthetics, health, safety and general welfare of the community when ordered to do so in accordance with the abatement provisions of this chapter or any law of the State of California where such state law is applicable.

(Ord. No. 38.75, 11/24/75; Ord. No. 3.89, 1/31/89.)