Newark Municipal Code Ch. 10.52 Abatement of Abandoned, Wrecked, Dismantled or Inoperative Vehicles

This chapter may be referred to as the "City of Newark Abandoned Vehicle Abatement (AVA) Program."

(Ord. 192 § 3 (part), 1984)

A. For the purposes of this chapter, "nuisance" means the accumulation or storage of abandoned, wrecked, dismantled or inoperative vehicles, or parts thereof, on private property which creates a condition tending to reduce the value of private property, to promote blight and deterioration, to create fire hazards, to create a hazard to the health and safety of minors and to be injurious to the health, safety and general welfare of the community.

B. Included within the meaning of "nuisance" are vehicles which are parked, stored, resting or otherwise immobilized on any private property and which lack any part or equipment such as an engine, transmission, wheels, tires, doors or windshield necessary to operate legally and safely on the street or which are in such condition as to not be capable of operating legally and safely on the street.

(Ord. 286 § 1(B), 1992; Ord. 258 § 2(A), 1989; Ord. 192 § 3 (part), 1984)

The purpose of this chapter is to provide an orderly and just procedure for abating abandoned, wrecked, dismantled or inoperative vehicles located on private property.

(Ord. 286 § 1(C), 1992: Ord. 192 § 3 (part), 1984)

The authority for the implementation of this chapter is contained in Sections 22660 through 22664 of the California Vehicle Code. Any person responsible for a vehicle in violation of any provision of this chapter may be cited for an infraction in addition to being subject to the abatement procedures provided herein.

(Ord. 258 § 2(B), 1989: Ord. 192 § 3 (part), 1984)

As used in this chapter the following word and phrases shall have the meanings ascribed to them in this section:

A. "Hearing officer" means the police chief or his/her designee.

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.

(Ord. 192 § 3 (part), 1984)

This chapter shall not apply to:

A. A vehicle, or part thereof, which is completely enclosed within a building or stored in an interior side or rear yard in a lawful manner where it is not visible from the street or other public or private property.

B. A vehicle, or part thereof, which is stored or parked in a lawful manner on private property in connection with the business of an auto repair service or licensed dismantler, licensed vehicle dealer or a junkyard.

(Ord. 192 § 3 (part), 1984)

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 other regulatory codes, statutes and ordinances heretofore or hereinafter enacted by the city, the state or any other legal entity or agency having jurisdiction.

(Ord. 286 § 1(D), 1992: Ord. 192 § 3 (part), 1984)

Except as otherwise provided in this chapter, the provisions of this section shall be administered and enforced by the police chief or his/her designee. In the enforcement of this section, such officer and his/her deputies may enter upon private property to examine a vehicle or parts thereof, or obtain information as to the identity of a vehicle, and cause the removal of 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 be authorized to enter upon private property to remove or cause the removal of a vehicle or parts thereof declared to be a nuisance pursuant to this chapter.

(Ord. 192 § 3 (part), 1984)

The city council shall by resolution from time to time determine and fix the amount to be assessed as administrative costs, including the cost of removal of any vehicle, or parts thereof, under this section.

(Ord. 192 § 3 (part), 1984)

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

A. A ten-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 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; provided, however, that such notice of intention shall not be required to be mailed if the owner of the property and owner of the vehicle have signed releases authorizing removal and waiving further interest in the vehicle, or parts thereof. 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/she 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 reasons for such denial, in lieu of appearing.

B. Upon written request by the owner of the vehicle or owner of the land received by the police chief within ten calendar days after the mailing of the notices of intention to abate and remove, a public hearing shall be held by the hearing officer 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.

If the owner of the land submits a sworn written statement denying responsibility for the presence of the vehicle on his/her land within such ten-day period, the statement shall be construed as a request for a hearing which does not require his/her presence. Notice of the hearing shall be mailed, by registered or certified mail, at least ten calendar 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 ownership. If such a request for hearing is not received within said ten calendar 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.

C. All hearings under this chapter shall be held before the hearing officer who shall hear all facts and testimony he/she 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 private property. The hearing officer 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/her reasons for such denial.

The hearing officer 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. He/she may delay the time for removal of the vehicle or parts thereof if in his/her opinion the circumstances justify it. At the conclusion of the public hearing, the hearing officer may find that a vehicle or parts thereof has been abandoned, wrecked, dismantled or inoperative on private property and order the same removed from the property as a public nuisance and disposed of as provided in this chapter and order the administrative costs and the cost of removal to be charged against the owner of the land. The order requiring the removal shall include a description of the vehicle, or parts thereof, and the identification number and the 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/she has not subsequently acquiesced to its presence, the hearing officer shall not assess the cost 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/her land but does not appear, or if an interested party makes a written presentation to the hearing officer but does not appear, he/she shall be notified in writing of the decision.

D. Any interested 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 ten calendar days of the date of the decision of the hearing officer. The written notice of appeal shall include:

1. The action or decision being appealed;

2. The basis for the appeal;

3. The relief being sought.

The fee for filing an appeal is set forth in the most current fee schedule adapted by resolution.

E. Ten calendar days after the city council adopts the order declaring the vehicle, or parts thereof, to be a public nuisance and authorizes removal following appeal, the vehicle, or parts thereof, may be disposed of by removal to a scrap yard or automobile dismantler's yard, or other suitable place. After a vehicle has been removed, it shall not thereafter be reconstructed or made operable unless it is a vehicle determined to be of historic value pursuant to Section 5004 of the Vehicle Code, in which case the vehicle may be reconstructed or made operable.

F. Within five calendar 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 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.

G. In accordance with Section 22853 of the California Vehicle Code, the department of justice shall be notified of the abatement of a vehicle whenever the name of the vehicle owner cannot be ascertained, or the vehicle owner has not been notified as required by Section 22852 of the California Vehicle Code.

(Ord. 301 § 1, 1993; Ord. 286 § 1(E)—(G), 1992; Ord. 192 § 3 (part), 1984)

If the administrative costs and cost of removal which are charged against the owner of a parcel of land pursuant to Section 10.52.090 of this chapter are not paid within thirty days of the date of the order or final disposition of an appeal therefrom, such costs shall constitute a special assessment against the parcel of property and shall be a lien on such property for the amount thereof from the time of recordation of the notice of lien, which lien shall continue until the assessment is paid or until it is discharged of record. The police chief may file in the office of the county recorder a certificate substantially in the following form:

NOTICE OF LIEN

Pursuant to the authority vested in me by Chapter 10.52 of the Newark Municipal Code, I did, on the day of , 19 , cause the removal of a vehicle (or parts thereof) from the real property hereinafter described and ordered the cost of removal and the administrative costs to be paid by , 19 . The same has not been paid nor any part thereof and constitutes a special assessment on said real property in the amount of dollars ($ ), and the city of Newark does hereby claim a lien on said real property until the said sum has been paid in full or discharged of record.

The real property hereinbefore mentioned and from which such vehicle (or part thereof) was removed, and upon which a lien is claimed, is that certain piece or parcel of land lying and being in the City of Newark, County of Alameda, State of California, and particularly described as follows, to wit:

(Insert Description)

Dated this day of ________, 19___.

Police Chief

(Ord. 192 § 3 (part), 1984)

From and after the date of the recording of the notice of a lien, all persons shall be deemed to have had notice of the contents thereof. The notice of lien shall be delivered to the county recorder, who shall enter the amount thereof on the county assessment opposite the description of the particular property and the amount shall be collected together with all other taxes thereon against the property. The notice of lien shall be delivered to the county recorder before the date fixed by law for the delivery of the assessment roll to the county board of equalization. Thereafter the amount of the lien shall be collected at the same time and in the same manner as ordinary city taxes are collected, and shall be subject to the same penalties and interest and to the same procedure under foreclosure and sale in case of delinquency as provided for ordinary city taxes. All laws applicable to the levy, collection and enforcement of city taxes are made applicable to the special assessment taxes.

(Ord. 192 § 3 (part), 1984)

Enforcement of this chapter may be accomplished by the city in any manner authorized by law, and in addition, any person who by reason of another's violation of any provision of this chapter, suffers special damage to himself/herself different from that suffered by other property owners throughout the city generally, may bring an action to enjoin or otherwise abate an existing violation.

(Ord. 192 § 3 (part), 1984)

In addition to other abatement procedures, a violation of, or failure to comply with any provision of this chapter shall constitute an infraction.

(Ord. 258 § 2(C), 1989)