Article II — Abandoned, Wrecked, etc., Vehicles

§ 18-13. Definitions. [Ord. No. 494, § 1.]

For the purposes of this article, the following words and phrases shall have the meanings respectively ascribed to them by this section:

• (a) HIGHWAY — 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.

• (b) PUBLIC PROPERTY — Does not include highway.

• (c) VEHICLE — 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.

§ 18-14. Declared public nuisance. [Ord. No. 494, § 1.]

The accumulation and storage of abandoned, wrecked, dismantled or inoperative vehicles or parts thereof on private or public property not including highways is hereby found to create 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 minors, to create a harborage for rodents and insects and to be injurious to the health, safety and general welfare. Therefore, the presence of an abandoned, wrecked, dismantled or inoperative vehicle or part thereof, on private or public property not including highways, except as expressly permitted in this article, is hereby declared to constitute a public nuisance which may be abated as such in accordance with the provisions of this chapter.

§ 18-15. Applicability of article. [Ord. No. 494, §§ 2, 3.]

This article shall not apply to:

• (a) A vehicle or part 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.

• (b) A vehicle or part 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.

• (c) A vehicle or part thereof which is located behind a solid fence six feet in height or which is not plainly visible from a highway.

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.

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

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City of Oakdale, CA § 18-16

MOTOR VEHICLES AND TRAFFIC.

§ 18-20

§ 18-16. Enforcement of article – Right of entry of officers. [Ord. No. 494 § 4.]

Except as otherwise provided, the provisions of this article shall be administered and enforced by the chief of police. In the enforcement of this article, such officer and his deputies may enter upon private or public property to examine a vehicle or parts thereof, or obtain information as to the identity of a vehicle declared to be a nuisance pursuant to this article.

§ 18-17. Right of entry of person under contract with city. [Ord. No. 494, § 5.]

When the city council has contracted with or granted a franchise to any person, such person 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 pursuant to this article.

§ 18-18. Determination of administrative costs. [Ord. No. 494, § 6.]

The city council shall from time to time determine and fix an amount to be assessed as administrative costs, excluding the actual cost of removal of any vehicle or part thereof, under this article.

§ 18-19. Notice of intent to abate or remove vehicle; public hearing required upon request of owner of land or vehicle. [Ord. No. 494, §§ 7, 8; Ord. No. 554, § 1.]

• (a) Not less than ten days notice of intention to abate and remove the vehicle or part thereof as a public nuisance shall be given. Such notice shall contain a statement of the hearing rights of the owner of the property on which the vehicle is located and of 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. A notice of intention to abate shall be mailed, by registered mail, to the owner of the land as shown on the last equalized assessment role 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.

• (b) A public hearing shall be held before the city administrator, upon request for such a hearing by the owner of the vehicle or the owner of the land on which such vehicle was located. This request shall be made to the city administrator within ten 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, 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 in such period, the city administrator shall have the authority to remove the vehicle.

§ 18-20. Procedure for hearing; action by city administrator. [Ord. No. 494, § 9; Ord. No. 554, § 1.]

All hearings under this article shall be held before the city administrator, who shall hear all facts and testimony he deems pertinent. Such facts and testimony may include testimony on the condition of the vehicle or part thereof and the circumstances concerning its location on the private property or public property. The administrator shall not be limited by the technical rules of evidence. The owner of the land on which the vehicle is located may appear in person at the hearing or present a written sworn statement, and deny responsibility for the presence of the vehicle on the land, with his reasons for such denial.

The city administrator may impose such conditions and take such other action as he deems appropriate under the circumstances to carry out the purpose of this article. He may delay the time for removal of

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City of Oakdale, CA § 18-20

OAKDALE CITY CODE

§ 18-25

the vehicle or part thereof if, in his opinion, the circumstances justify it. At the conclusion of the public hearing, the city administrator may find that a vehicle or part 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 hereinafter provided and determine the administrative costs and the cost of removal to be charged against the owner of the parcel of land on which the vehicle or part thereof is located. The order requiring removal shall include a description of the vehicle or part 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 landowner and that he has not subsequently acquiesced in its presence, the city administrator shall not assess 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 landowner.

If an interested party makes a written presentation to the city administrator but does not appear, he shall be notified in writing of the decision.

§ 18-21. Removal and disposal. [Ord. No. 494, § 10.]

Five days after adoption of the order declaring the vehicle or part thereof to be a public nuisance, five days from the date of mailing of notice of the decision, if such notice is required by section 18-20, the vehicle or part thereof may be disposed of by removal to a scrapyard or automobile dismantler's yard. After the vehicle has been removed it shall not thereafter be reconstructed or made operable.

§ 18-22. Notification of department of motor vehicles. [Ord. No. 494, § 11.]

Within five days after the date of removal of the vehicle or part thereof, notice shall be given to the department of motor vehicles identifying the vehicle or part 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.

§ 18-23. Assessment of cost of removal, etc. [Ord. No. 494, § 12.]

If the administrative costs and the cost of removal which are charged against the owner of a parcel of land pursuant to section 18-20 are not paid within thirty days of the date of the order, or the final disposition of an appeal therefrom, such costs shall be assessed against the parcel of land pursuant to section 38773. 5 of the Government Code of the state and shall be transmitted to the tax collector for collection. The assessment shall have the same priority as other city taxes.

§ 18-24. Failure to remove prohibited. [Ord. No. 494, § 13.]

It shall be unlawful and a misdemeanor for any person to fail or refuse to remove an abandoned, wrecked, dismantled or inoperative vehicle or part thereof or refuse to abate such nuisance when ordered to do so in accordance with the abatement provisions of this article or state law, where such state law is applicable.

§ 18-25. through § 18-29. (Reserved)

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City of Oakdale, CA § 18-30

MOTOR VEHICLES AND TRAFFIC.

§ 18-31