Chapter 10.64 — ABANDONED, WRECKED, DISMANTLED OR INOPERATIVE VEHICLES

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 abandoned, wrecked, dismantled, or inoperative vehicles or parts thereof as public nuisances, the Council makes the following findings and declarations:

The accumulation and storage of abandoned, wrecked, dismantled, or inoperative vehicles or parts thereof on private or public property is 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, except as expressly hereinafter permitted, is declared to constitute a public nuisance which may be abated as such in accordance with the provisions of this chapter.

(Prior traffic code § 301)

As used in this chapter:

"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.

"Inoperative" means a vehicle that is either a) mechanically incapable of being driven or b) prohibited from being operated on a public street or highway pursuant to California Vehicle Code Sections 4000, 5202, 24002, or 40001 concerning license plates, registration, equipment, safety and related matters.

"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.

"Owner of the vehicle" means the last registered (and/or legal) owner of record.

"Public property" means and includes "highway."

"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. 12475 § 1, 2003; prior traffic code § 302)

This chapter 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 or 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.

Provided, however, that nothing in this section shall authorize the maintenance of a public or private nuisance as defined under the provisions of law other than Chapter 10 (commencing with Section 22650) of Division II of the Vehicle Code or this chapter;

C.

Vehicles of historic value as defined in the California Vehicle Code Section 5004 and parts cars as defined in California Vehicle Code Section 5051, provided that any such historic motor vehicle or parts car is maintained on private property, maintained in such a manner as not to constitute a health hazard, and is located away from public view, or by appropriate means is completely screened from ordinary public view.

(Prior traffic code § 303)

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

(Prior traffic code § 304)

Except as otherwise provided herein, the provisions of this chapter shall be administered and enforced by the Police Department, except that the removal of vehicles or parts thereof from property may be by any person duly authorized as hereinafter provided.

(Prior traffic code § 305)

In the enforcement of this chapter any person authorized to administer this chapter may enter upon private property for the purpose of examining a vehicle or parts thereof, obtain information as to the identity of a vehicle and to remove or cause the removal of a vehicle or part thereof declared to be a nuisance pursuant to this chapter. Provided, however, that where required by law a search or inspection warrant shall first be obtained.

(Prior traffic code § 306)

The removal of vehicles or parts thereof from private property may be by any person or firm authorized for that purpose by the Chief of Police.

(Prior traffic code § 307)

Upon discovering the existence of an abandoned, wrecked, dismantled, or inoperative vehicle, or parts thereof, on private property or public property within the city, the Police Department shall have the authority to cause the abatement and removal thereof in accordance with the procedure prescribed herein. These persons may include, but shall not be limited to, police officers, traffic control officers, and police service technicians.

(Prior traffic code § 309)

A ten-day notice of intention to abate and remove the vehicle, or parts thereof, as a public nuisance shall be mailed by registered mail to the owner of the land and to the owner of the vehicle, unless the vehicle is in such condition that identification numbers are not available to determine ownership. The notices of intention shall be in substantially the following forms:

NOTICE OF INTENTION TO ABATE AND REMOVE AN ABANDONED, WRECKED, DISMANTLED, OR INOPERATIVE VEHICLE, OR PARTS THEREOF, AS A PUBLIC NUISANCE.

(Name and address of Owner of the land)

  As owner shown on the last equalized assessment roll of the land located at (address), you are hereby notified that the undersigned pursuant to Section 10.64.080 of the Oakland Traffic Code has determined that there exists upon said land an (or parts of an) abandoned, wrecked, dismantled or inoperative vehicle registered to ______, license number, which constitutes a public nuisance pursuant to the provisions of Chapter 10.64 of the Oakland Traffic Code.

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

  As owner of the land on which said vehicle (or said parts of a vehicle) is located, you are hereby notified that you may, within 10 days after the mailing of this notice of intention, request a public hearing, and if such a request is not received by the Chief of Police within such 10-day period, the Police Department shall have the authority to abate and assess the costs as foresaid without a public hearing. You may submit a sworn written statement within such 10-day period denying responsibility for the presence of said vehicle (or said parts of a vehicle) on said land, with your reasons for denial, and such statement shall be construed as a request for hearing at which your presence is not required. You may appear in person at any hearing requested by you or the owner of the vehicle, or, in lieu thereof, may present a sworn written statement as aforesaid in time for consideration at such hearing.

Notice Mailed: _____ /s/ _____ Date (Locally designated officer)

(Prior traffic code § 310)

Upon request by the owner of a vehicle or owner of the land received by the Chief of Police within ten days after the mailing of the notice of intention to abate and remove, a public hearing shall be held by the Chief of Police, or some person duly authorized by him or her, (hereinafter called "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 or her land within such ten-day period, said statement shall be construed as a request for a hearing which does not require his or her presence. 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 identification numbers are not available to determine ownership. If such a request for hearing is not received within said ten 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.

(Prior traffic code § 311)

All hearings under this chapter shall be held before the City Manager, or some person duly authorized by him or her (hereinafter called "Hearing Officer"), who shall hear all facts and testimony, which may include testimony on the condition of the vehicle(s), or parts thereof, and the circumstances concerning its location on the said private property or public 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(s) on the land, with his or her reasons for such denial.

The Hearing Officer may impose such conditions and take such other action as he or she deems appropriate under the circumstances to carry out the purpose of this chapter. The time for removal of the vehicle(s) or parts thereof may be delayed if, in his or her opinion, the circumstances justify it. At the conclusion of the public hearing the Hearing Officer may find that said vehicle(s), or parts thereof, has/have been abandoned, wrecked, dismantled, or is/are inoperative on private or public property and order the same removed from the property as a public nuisance and disposed of as provided in this chapter, and determine the administrative costs and the cost of removal to be charged against the owner of the land. The order requiring removal shall include a description of the vehicle(s), or parts thereof, and the correct identification number and license number of the vehicle(s), if available at the site.

If it is determined at the hearing that the vehicle(s) was/were placed on the land without the consent of the owner of the land and that he or she has not subsequently acquiesced in its presence, the Hearing Officer

shall not assess the costs of administration or removal of the vehicle(s) against the property upon which the vehicle(s) is/are 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(s) on his or her land but does not appear, or if an interested party makes a written presentation to the Hearing Officer but does not appear, he or she shall be notified in writing of the decision.

Decisions made and determinations rendered by the Hearing Officer shall be in all cases final and conclusive. The limitation period provided pursuant to California Code of Civil Procedure Section 1094.6 shall apply to all petition filers seeking judicial review of administrative determinations made by the Hearing Officer.

(Ord. 12411 § 1 (part), 2002: prior traffic code § 312)

Any interested party may appeal the decision of the hearing officer by filing a written notice of appeal with the said Hearing Officer and the City Clerk within five days after his or her decision setting forth the specific grounds for the appeal.

Such appeal shall be heard by the City Council which may affirm, amend or reverse the order to take other action deemed appropriate. The decision of the City Council shall be final and conclusive.

The Clerk shall give written notice of the time and place of the hearing to the appellant and those persons specified in Section 10.64.090.

In conducting the hearing the City Council shall not be limited by the technical rules of evidence.

(Prior traffic code § 313)

Five days from the date of mailing of notice of the decision the vehicle(s) or parts thereof may be disposed of by removal to a scrap yard or automobile dismantler's yard. After a vehicle has been removed it shall not thereafter be reconstructed or made operable.

(Ord. 12411 § 1 (part), 2002: prior traffic code § 314)

Within five days after the date of removal of the vehicle or part thereof, notice shall be given to the Department of Motor Vehicles of the state of California 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.

(Prior traffic code § 315)

Costs incurred by the city in the abatement of a condition which is in violation of the provisions of this chapter shall be a proper charge against the City Treasury and paid therefrom. If the administrative costs of removal which are charged against the owner of a parcel of land pursuant to this chapter are not paid within thirty (30) days of the date of the order declaring the vehicle or parts thereof a public nuisance and assessing costs of administration and removal or the final disposition of an appeal thereof, such costs shall be assessed against the parcel of land.

The Chief of Police shall record in the Office of the Recorder of Alameda County, California, a certificate substantially in the following form:

NOTICE OF LIEN

  Pursuant to authority vested in me by the Oakland Traffic Code, I did on the ___ day of , 19, cause to be abated, at the owner's expense, in the amount of $___, a condition upon the real property hereinafter described. Said amount, nor any part, has not been paid. The City of Oakland does hereby claim a lien upon said real property in said amount, which amount shall remain a lien upon said real property until paid in full, together with interest at the rate of 6% per annum from the date of recordation of this lien in the Office of the Recorder of Alameda County, California. The real property upon which lien is claimed is that certain parcel of land in the City of Oakland, County of Alameda, State of California, as described as follows:

(Insert property description)

Date:____, 19.

---

Oakland Chief of Police

Costs incurred in such abatement shall remain a lien upon the property described in the lien notice until paid in full, plus accrued interest at the rate of six percent per annum from date of recordation. The statute of limitations shall not run against the city's right to enforce payment of such lien.

(Prior traffic code § 316)

As an alternative method of collection of the amount of the lien, the Chief of Police may record said notice of line, as hereinabove provided, and may thereafter transmit it, or a facsimile, to the County Auditor, who shall thereupon enter that amount on the County Assessment Book opposite the description of the particular lot or parcel of land; and the amount shall be collected together with all other taxes levied against the property. The assessment shall be the subject to the same penalties and interest and to the same procedure under foreclosure and sale in case of delinquency as is provided for all other municipal and county taxes against the property; and all laws applicable to the levy, collection and enforcement of general property taxes are made applicable to such special assessment.

(Prior traffic code § 317)

It is unlawful and a misdemeanor for any person to abandon, park, store, or leave or permit the abandonment, parking, storing or leaving of any licensed or unlicensed vehicle or part thereof which is in an abandoned, wrecked, dismantled or inoperative condition upon any private property or public property within the city for a period in excess of seventy-two (72) hours unless such vehicle or part thereof is completely enclosed within a building in a lawful manner where it is not plainly visible from the street or other public or private property, unless such vehicle 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 licensed junk yard, or unless the vehicle is historic motor vehicle or parts car as described in Section 10.64.030C.

(Prior traffic code § 318)

It is 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 chapter.

(Prior traffic code § 319)