Mountain View Municipal Code § 25.9 Lien procedure

The city council finds and determines that these regulations are necessary to promote the health, safety and general welfare of the public, to stabilize and protect the aesthetic appearances as well as the quality and character of neighborhoods, residential districts, commercial districts and industrial districts, and to prevent the impairment of property values. Through this comprehensive approach, the safety, aesthetic values and general welfare of the neighborhoods, commercial districts and industrial districts and a suitable environment for community life will be preserved and enhanced. 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 on private or public property, creates a condition which reduces the value of private property, promotes blight and deterioration, invites plundering, creates fire hazards, constitutes an attractive nuisance creating a hazard to the health and safety of minors, creates a potential harborage for rodents and insects and is injurious to the aesthetics, health, safety and general welfare of that community.

(Ord. No. 20.89, 10/31/89; Ord. No. 3.01, 3/27/01.)

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.

"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," "right-of-way," "thoroughfare" and "sidewalk."

"Owner" shall mean any person owning, occupying, leasing or otherwise having control of real property.

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

"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.

"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. 3.01, 3/27/01.)

Violation of any provision of this chapter is declared to constitute a public nuisance.

(Ord. No. 20.89, 10/31/89; Ord. No. 3.01, 3/27/01.)

It shall be unlawful for any owner to engage in activities upon such property or to maintain or to allow such property to be maintained in such a manner that any of the following conditions or activities are found to exist:

a. Overgrown, diseased, dead or decayed trees, weeds or other vegetation which constitute a fire hazard or a condition considered dangerous to the public health, safety and general welfare, including vegetation, conditions, materials or harborage which are likely to harbor or provide habitat for rats, vermin and other pests;

b. Garbage, refuse, trash, debris or waste except as stored in accordance with the provisions of Chapter 16 of the Mountain View City Code;

c. Graffiti which remains for a period longer than ten (10) days;

d. Conditions which, due to their accessibility to the public, may prove hazardous or dangerous, including, but not limited to:

1. Unused and/or broken equipment;

2. Abandoned wells, shafts or basements;

3. Hazardous or unprotected pools, ponds or excavations;

4. Structurally unsound fences or other structures;

5. Machinery which is inadequately secured or protected;

6. Lumber, trash, or debris; and

7. Storing or keeping of chemicals or motor oil.

e. Any airplane or other aircraft, or any parts thereof;

f. On residentially zoned properties: any construction, commercial or other equipment, machinery or materials except that construction equipment, machinery or material which is temporarily kept within or upon the property for and during the time such equipment, machinery or material is required for the construction or installation of improvements or facilities on that property. However, in no event shall the construction equipment, machinery or materials be in the front or side yard areas visible from a public street for any period of time in excess of twelve (12) consecutive months or twelve (12) nonconsecutive months in any eighteen (18) month period. Any construction activity, remodeling or changes to the exterior of the structure shall be completed within eighteen (18) months of commencement;

g. Any of the following when located in the front or side yard and visible from public right-of-way: refrigerator, washing machine, sink, stove, heater, boiler, tank or any other household appliances, equipment, machinery, furniture (other than furniture designed and used for outdoor activities), firewood, lumber, salvage materials, building materials, unmounted campers, unmounted camper tops, unmounted camper shells, vessels not on trailers, boats not on trailers or any part of any of the listed items for a period of time in excess of seventy-two (72) consecutive hours, except as specifically provided herein;

h. Storing or keeping boxes, containers or dumpsters, in excess of seventy-two (72) consecutive hours, except as otherwise permitted by this code, or when engaged in ongoing construction activity;

i. Any storage unit or shed in the front or side yard and visible from a public right-of-way;

j. On residentially zoned property, any business which dismantles, disassembles, builds, remodels, assembles, repairs, paints, washes, cleans or services motor vehicles, aircraft, motorcycles, recreational vehicles, boats or trailers;

k. Any tent, temporary shelter or collapsible structure in the front or side yard and visible from a public right-of-way for a period in excess of seventy-two (72) hours or for more than two (2) occasions in a calendar year;

l. Any use of a parking lot or parking structure for other than vehicular parking, ingress and egress, except as expressly authorized pursuant to a city-issued permit;

m. Any fence or other structure installed on or upon public property, including structures within the public right-of-way, except as authorized pursuant to a city-issued permit; or

n. The use of outdoor barbecues or other methods of cooking food outdoors to be sold is prohibited, except as expressly authorized by a festival permit and a permit or business license issued pursuant to Chapter 36 of this code.

(Ord. No. 20.89, 10/31/89; Ord. No. 3.01, 3/27/01; Ord. No. 02.2024, § 5, 1/23/24.)

a. Uses and structures which are permitted or allowed on real property within the city are listed in Chapter 36 and elsewhere in this Code. No person shall conduct, allow or construct any use on real property which is not specifically provided for in the code or conducted pursuant to a required permit.

b. Storage containers.

1. Storage containers shall not be placed in any zone within the city except as provided in this Section. For purposes of this Section, "storage containers" shall mean prefabricated cargo, shipping and/or containers which are designed for the storage or transportation of goods by sea, air, rail or truck and can include commercial truck bodies, with or without wheels. Storage containers do not include storage sheds which are assembled in place and typically available at retail outlets or storage facilities constructed pursuant to a building permit.

2. Exception: Industrial Zones: Commercial storage containers may be utilized in industrial zones provided they are used for storage only, not placed on required parking, meet height and setback requirements, not provided with utility hookups and are not visible from a public thoroughfare, or are approved on a temporary basis not to exceed six (6) months upon the approval of a Temporary Use Permit (TUP).

3. Exception: All Zones: Commercial storage containers may be used in all zones in conjunction with an active building permit with placement approved by the building official. Containers which encroach upon the public right-of-way must secure an encroachment permit pursuant to Sec. 27.16.

(Ord. No. 3.01, 3/27/01; Ord. No. 1.04, 1/13/04; Ord. No. 8.2023, § 2, 5/23/23.)

It is unlawful for any person:

a. To reconstruct or permit the reconstruction 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, registered nonoperational with the California Department of Motor Vehicles, 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; or

c. To fail to refuse to remove an unlicensed, unregistered, registered nonoperational with the California Department of Motor Vehicles, 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;

d. To dismantle, repair, reconstruct or to permit the dismantling, repair or reconstruction of any vehicle on residential property that is not registered to the owner of the residential property.

(Ord. No. 3.01, 3/27/01.)

The provisions of Sec. 25.6 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 any 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 code, nor shall this chapter be construed or implemented in a manner which would conflict with the Vehicle Code.

(Ord. No. 3.01, 3/27/01.)

In the enforcement of this chapter, city manager or city attorney may determine it necessary to abate any violation of any provision of this code. If such a determination is made, then the abatement and appeals procedures set forth below shall be applicable. Abatement is not the exclusive remedy for violations of this code and is intended to supplement any other remedies provided by this code or in any other manner provided by law. Abatement of any motor vehicle registered or subject to registration with the Department of Motor Vehicles shall be carried out in conformance with the provisions of the California Vehicle Code.

(Ord. No. 20.89, 10/31/89; Ord. No. 3.01, 3/27/01.)

When the city council has contracted with or granted authority to any person or persons to abate any condition or activity declared to be a public nuisance pursuant to this code, such person or persons shall be authorized to enter upon private property or public property for such purpose.

(Ord. No. 20.89, 10/31/89; Ord. No. 3.01, 3/27/01.)

Notice of intention to abate a public nuisance pursuant to this chapter shall be given not less than ten (10) calendar days prior to the intended abatement. Such notice shall contain a description of conditions constituting the alleged public nuisance, the provisions of this code that have allegedly been violated, and a statement of the hearing rights of the owner or owners of the property on which any public nuisance is located and, if applicable, the owner of the vehicle. The statement shall include notice to the owner or owners of the property and, if applicable, the owner of the vehicle that he/she may appear in person at a hearing or may present a sworn written statement responding to the notice of intention to abate, in lieu of appearing. The notice of intention to abate shall be mailed, by registered or certified mail, to the owner or owners of the property and/or vehicle or shall be served upon the applicable owner or owners in person.

(Ord. No. 20.89, 10/31/89; Ord. No. 3.01, 3/27/01.)

The city shall hold a public hearing upon the written request of the owner or owners of the property on which any public nuisance is located or the owner of the vehicle. The request shall be made to the city manager within ten (10) days after the mailing of notice of intention to abate. If the owner or owners of the property on which any public nuisance is located submits a sworn written statement responding to the notice to abate within such time period, this statement shall be construed as a request for hearing which does not require the presence of the applicable owner. If such a request is not received within such period, abatement may proceed forthwith.

(Ord. No. 20.89, 10/31/89; Ord. No. 3.01, 3/27/01.)

a. All hearings pursuant to this chapter shall be held before the city manager or his or her designee.

b. At the time set for a hearing or at any adjournment and continuation thereof, the person holding the hearing shall not be limited by the technical rules of evidence. Any relevant evidence shall be admitted if it is the type of evidence upon which reasonable persons are accustomed to rely in consideration of serious affairs.

c. The owner or owners of the property on which the public nuisance is located or the owner of the vehicle may appear in person at the hearing or present a sworn written statement.

(Ord. No. 20.89, 10/31/89; Ord. No. 3.01, 3/27/01.)

a. At the conclusion of the public hearing, or as soon thereafter as is practicable, the person holding the hearing shall issue a written order and may find that a public nuisance exists and order the same abated. Said written order shall be mailed, by certified or registered mail, to the owner or owners of the subject property or the owner of the vehicle. Any written order requiring removal shall include a description of the condition(s) and/or activity(ies) to be abated and the address of the property at which the public nuisance exists.

b. The person holding the hearing may impose such reasonable conditions on the method of abatement 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. 20.89, 10/31/89; Ord. No. 3.01, 3/27/01.)

a. 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 fifteen (15) calendar days after the date of the decision.

b. The council, within forty-five (45) calendar days 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. 25.8.2 and upon the person filing the written appeal.

(Ord. No. 20.89, 10/31/89; Ord. No. 3.01, 3/27/01.)

a. All hearings under this subsection shall be held before the city council.

b. At the time set for a hearing on an appeal, or at any continuation thereof, the council shall not be limited by the technical rules of evidence. Any relevant evidence shall be admitted if it is the type of evidence on which reasonable persons are accustomed to rely in consideration of serious affairs.

c. The owner or owners of the property on which the public nuisance is located or the owner of the vehicle may appear in person at the hearing or present a sworn written statement.

(Ord. No. 20.89, 10/31/89; Ord. No. 3.01, 3/27/01.)

a. At the conclusion of the hearing on appeal, or as soon thereafter as is practicable, the city council shall issue a written order and may affirm, amend or reverse the decision or order requiring abatement. Said written order shall be mailed, by certified or registered mail, to the owner of the subject property or vehicle. Any written order requiring abatement shall include a description of the condition(s) and/or activity(ies) to be abated and the address of the property at which the public nuisance exists.

b. The city council may impose such reasonable conditions on the method of abatement as the council deems appropriate under the circumstances to carry out the purpose of this chapter.

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

(Ord. No. 20.89, 10/31/89; Ord. No. 3.01, 3/27/01.)

Any public nuisance may be abated by the city as directed by the city manager if it is not abated as ordered in the order of abatement or within the time periods set forth below:

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

b. Twelve (12) calendar days after the date of the order by the hearing officer requiring abatement, unless an appeal is filed with the city council pursuant to this chapter;

c. Twelve (12) calendar days after the date of the order of the city council authorizing abatement.

(Ord. No. 20.89, 10/31/89; Ord. No. 3.01, 3/27/01.)

Within five (5) days of removal of a vehicle or part 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. 3.01, 3/27/01.)

As set forth below, any costs incurred by the city in the process of abating any public nuisance in accordance with the provisions of this chapter shall be charged to the owner or owners of the property upon which the public nuisance exists or the owner of the vehicle.

(Ord. No. 20.89, 10/31/89; Ord. No. 3.01, 3/27/01.)

The city manager shall keep an account of the cost, including incidental expenses, of abating such nuisance on each separate lot or parcel of land where the work is done by the city and shall render an itemized report in writing to the city council showing the cost of abatement, including the rehabilitation, demolition or repair of said property, including any salvage value relating thereto; provided that before said report is submitted to the city council, a copy of the same shall be posted for at least five (5) calendar days upon such property, together with the notice of the time when said report shall be heard by the city council for confirmation. A copy of said report and notice shall be served upon the owners of said property in accordance with the provisions of this chapter at least five (5) calendar days prior to submitting the same to the city council. Proof of said posting and service shall be made by affidavit filed with the city clerk.

(Ord. No. 20.89, 10/31/89; Ord. No. 3.01, 3/27/01.)

a. The total cost for abating such nuisance, as confirmed by the city council, shall constitute a special assessment against the respective lot or parcel of land to which it relates, and upon recordation in the office of the county recorder of a notice of lien, as so made and confirmed, shall constitute a lien on said property for the amount of such assessment.

b. After such confirmation and recordation, a certified copy of the council's decision shall be filed with the Santa Clara County auditor-controller on or before August 1st of each year, whereupon it shall be the duty of said auditor-controller to add the amounts of the respective assessments to the next regular tax bills levied against said respective lots and parcels of land for municipal purposes and thereafter said amounts shall be collected at the same time and in the same manner as ordinary municipal taxes are collected, and shall be subject to the same penalties and the same procedure and sale in case of delinquency as provided for ordinary municipal taxes. All laws applicable to the levy, collection and enforcement of municipal taxes shall be applicable to such special assessment.

c. In the alternative, after such recordation, such lien may be foreclosed by judicial or other sale in the manner and means provided by law.

(Ord. No. 20.89, 10/31/89; Ord. No. 3.01, 3/27/01.)

This chapter is not the exclusive regulation of property and the use thereof within the city. It shall supplement and be in addition to other provisions of this code or to other regulatory codes, statues, and ordinances heretofore or hereafter enacted by the city, the state or any other legal entity or agency having jurisdiction.

(Ord. No. 20.89, 10/31/89; Ord. No. 3.01, 3/27/01.)