Oceanside Municipal Code Art. III Vehicle Abatement

Footnotes:

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Cross reference— Storing vehicles on streets, §§ 7.2—7.4; food vending vehicles, § 12-50 et seq.; speed limit of vehicles on municipal pier, § 18.3; liability of vehicle owner for damage to municipal pier, § 18.4; vehicles on beach generally, § 19.9; use of vehicles with cleats, etc., on streets, § 31.4; taxicabs and other vehicles for hire, Ch. 35.

A public nuisance within the scope of this article may be defined as:

(1) The accumulation and storage of abandoned, wrecked, dismantled or inoperative vehicles or vehicle parts on public or private property. As used in this article:

a. 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. This definition shall be interpreted to include only vehicles or parts having a value of three hundred dollars ($300.00) or more.

b. Landowner means the owner of the land as shown on the last equalized assessment roll.

c. Vehicle owner means the last registered owner and legal owner of record of the vehicle.

(Ord. No. 91-54, § 1, 11-13-91)

This article shall not apply to:

(1) A vehicle, or vehicle parts, which are completely enclosed within a building in a lawful manner so that the vehicle or parts are not visible from public right-of-way, or other public or private property.

(2) A vehicle, or vehicle parts, which are stored or parked lawfully 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 for the lawful operation of a licensed business or commercial enterprise.

(3) A vehicle, or vehicle parts, which are located behind a solid fence six (6) feet in height or which are not plainly visible from public right-of-way or other public or private property.

(Ord. No. 91-54, § 1, 11-13-91)

The provisions of this article shall be administered and enforced by the chief of police and/or the code enforcement officer. In the enforcement of this article, such officers and their designees may enter upon private or public property to examine a vehicle or vehicle parts, or obtain information as to the identity of a vehicle. Upon discovery of an abandoned, wrecked, dismantled, or inoperable vehicle, or vehicle parts, on public or private property within the city stored in violation of city codes and constituting a public nuisance as defined by this article, the chief of police and/or the code enforcement officer shall have the authority to cause the abatement and removal of the nuisance in accordance with the procedure prescribed herein. When the city council has contracted with any person or persons for the removal of nuisances, such person or persons shall be authorized to enter upon public or private property to remove or cause the removal of a vehicle or vehicle parts declared to be a nuisance pursuant to this article.

(Ord. No. 91-54, § 1, 11-13-91)

A ten-day notice of intent to abate and remove the vehicle, or vehicle parts, constituting a public nuisance shall be mailed by registered or certified mail to the owner of the land on which the vehicle or parts are located 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 intent shall be in substantially the following forms:

NOTICE OF INTENT TO ABATE AND REMOVE AN ABANDONED, WRECKED, DISMANTLED, OR INOPERATIVE VEHICLE OR VEHICLE PARTS CONSTITUTING 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 Article III of Chapter 17 has determined that there exists upon said land an abandoned, wrecked, dismantled or inoperative vehicle (or vehicle parts) registered to ___________, license number _____, which constitutes a public nuisance pursuant to the provisions of Article III of Chapter 17 of the Oceanside City Code.

You are hereby notified to abate this nuisance by the removal of the vehicle (or vehicle parts) within 10 days from the date of mailing of this notice. If you fail to remove the vehicle (or vehicle parts), the nuisance will be abated and removed by the City. The costs of abatement, together with administrative costs, will be assessed to you as owner of the land on which the vehicle (or vehicle parts) is located.

As owner of the land on which the vehicle (or vehicle parts) is located, you are hereby notified that you may, within 10 days after the mailing of this notice of intent, request a public hearing by delivering a written request to the Building Director. If such a request is not received by the Building Director within this 10-day period, the Chief of Police or Code Enforcement Officer shall have the authority to abate and remove the vehicle (or vehicle parts) constituting a public nuisance and assess the costs against your property without a public hearing. You may submit a sworn written statement within this 10-day period denying responsibility for the presence of the nuisance on your 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 of appearing personally, you may preset a sworn statement for consideration at any hearing.

Chief of Police (date)

(or Code Enforcement Officer) CITY OF OCEANSIDE

NOTICE OF INTENT TO ABATE AND REMOVE AN ABANDONED, WRECKED, DISMANTLED, OR INOPERATIVE VEHICLE OR VEHICLE PARTS CONSTITUTING AS A PUBLIC NUISANCE

(Name and address of last registered and/or legal owner of record of vehicle—notice should be given to both if different)

As last registered (and/or legal) owner of record of description of vehicle—make, model, license, etc.) you are hereby notified that the undersigned pursuant to Article III of Chapter 17 of the Oceanside City Code has determined that this vehicle exists as an abandoned, wrecked, dismantled or inoperative vehicle at (described location on public or private property) and constitutes a public nuisance pursuant to the provisions of Article III of Chapter 17 of the Oceanside City Code.

You are hereby notified to abate the nuisance by the removal of the vehicle within 10 days from the date of mailing of this notice.

As a registered (and/or legal) owner of record of the vehicle, you are hereby notified that you may, within 10 days after the mailing of this notice of intent, request a public hearing by filing a written request with the Building Director. If such a request is not received by the Building Director within the 10-day period, the Chief of Police (or the Code Enforcement Officer) shall have the authority to abate and remove the vehicle (or vehicle parts) without a hearing.

Chief of Police/ (date)

Code Enforcement Officer CITY OF OCEANSIDE

(Ord. No. 91-54, § 1, 11-13-91)

Upon request by the vehicle owner or landowner received by the building director within ten (10) days after the mailing of the notice of intent to abate and remove, a public hearing shall be held on the question of abatement and removal of the vehicle or vehicle parts, and the assessment of the administrative and removal costs against the property on which the vehicle or vehicle parts are located.

If the owner of land submits a sworn written statement denying responsibility for the presence of the vehicle on his land within the ten-day period, this statement shall be construed as a request for a hearing. Notice of a hearing shall be mailed, by registered or certified mail, at least ten (10) days before the hearing to the landowner and the vehicle owner, unless the vehicle is in such condition that the identification numbers are not available to determine ownership. If a request for hearing is not received within ten (10) days after mailing of the notice of intention to abate and remove, the city shall abate and remove the vehicle or vehicle parts constituting a public nuisance without holding a public hearing.

(Ord. No. 91-54, § 1, 11-13-91)

All hearings under this article shall be held before the building director (or his or her designee) who shall hear all facts and testimony he or she deems pertinent. The facts and testimony may include testimony regarding the condition of the vehicle or vehicle parts and the circumstances concerning location of the vehicle or vehicle parts on the private or public property. The building director or designee shall not be limited by technical rules of evidence. The owner of the land may appear in person at the hearing or present a sworn written statement for consideration at the hearing, and deny responsibility for the presence of the vehicle on the land, with his or her reasons for such denial.

The building director or designee may impose conditions and take other action as he or she deems appropriate under the circumstances to carry out the purposes of this article. The building director may delay the time for removal of the vehicle or vehicle parts if, in his or her opinion, the circumstances justify the delay. At the conclusion of the public hearing, the building director or designee may find that a vehicle (or vehicle parts) has been abandoned, wrecked, dismantled, or is inoperative on private or public property and that the vehicle or vehicle parts constitute a public nuisance pursuant to the provisions of this article. The building director or designee may order that the vehicle or vehicle parts be removed from the property and disposed of as provided by this article. The building director or designee shall determine the abatement costs to be charged against the owner of the land. The order requiring removal shall include a description of the vehicle or vehicle parts and the correct identification number and license number of the vehicle, if available at the site.

It if is determined at the hearing that the vehicle was placed on the land without the consent of the landowner and that the landowner has not subsequently acquiesced in its presence, the building director or designee shall not assess the abatement costs against the property on which the vehicle (or vehicle parts) constituting a nuisance is located or otherwise attempt to collect abatement costs from the landowner.

If the landowner submits a sworn written statement denying responsibility for the presence of the vehicle on his or her land but does not appear, or if an interested party makes a written presentation to the building director or designee but does not appear, the party who does not appear shall be notified in writing of the building director or designee's decision.

(Ord. No. 91-54, § 1, 11-13-91)

Within five (5) days after issuance of the order declaring the vehicle or parts thereof to be a public nuisance or five (5) days from the date of mailing of notice of the decision, if such notice is required by section 17.31, the vehicle (or vehicle parts) may be disposed of by removal to a scrapyard or automobile dismantler's yard. After a vehicle has been removed it shall not thereafter be reconstructed or made operable unless it is a vehicle which qualifies for either horseless carriage license plates or historical vehicle license plates, pursuant to Section 5004 of the California Vehicle Code, in which case the vehicle may be reconstructed or made operable.

(Ord. No. 91-54, § 1, 11-13-91)

Within five (5) days after the date of removal of the vehicle (or vehicle parts), the building director or designee shall cause notice to be given to the department of motor vehicles identifying the vehicle (or vehicle parts) removed. At the same time the building director or designee shall transmit to the department of motor vehicles any evidence of registration available including registration certificates, certificates of title and license plates.

(Ord. No. 91-54, § 1, 11-13-91)

If the abatement costs (including administrative and removal costs) charged against the owner of a parcel of land are not paid within thirty (30) days of the date or the order, or the final disposition of an appeal, the abatement costs shall be assessed against the parcel of land pursuant to Section 38773.5 of the Government Code and shall be transmitted to the tax collector for collection. This assessment shall have the same priority as other city taxes.

(Ord. No. 91-54, § 1, 11-13-91)

Whenever a vehicle is removed from public or private property and the value of the vehicle is determined to be less than or equal to three hundred dollars ($300.00), but greater than one hundred dollars ($100.00), the vehicle shall be disposed of subject to the requirements of Section 22851.3 (Disposition of Abandoned Low-Value Vehicles) of the California Vehicle Code:

(1) Not less than seventy-two (72) hours before the vehicle is removed, a distinctive notice which states that the vehicle will be removed by the city will be securely attached to the vehicle or part.

(2) Immediately after removal of a vehicle, the city shall notify the stolen vehicle system of the Department of Justice in Sacramento of the removal.

(3) Within forty-eight (48) hours of the removal, excluding weekends and holidays, a notice shall be sent to the registered and legal owners at their addresses of record with the department of motor vehicles, and to any other person known to have an interest in the vehicle. The notice shall be sent by first class mail. The notice shall include all of the following information:

a. The name, address, and telephone number of the city office providing the notice.

b. The location of the place of storage and description of the vehicle which shall include, if available, the vehicle make, license plate number, vehicle identification number, and mileage.

c. The authority and purpose for the removal of the vehicle.

d. A statement that the vehicle will be disposed of fifteen (15) days from the date of the notice.

e. A statement that the owners and interested persons, or their agents, have the opportunity for a post-storage hearing before a city official to determine the validity of the storage if a request for a hearing is made in person, in writing or by telephone within ten (10) days from the date of notice; and that if the owner or interested person, or his or her agent, disagrees with the decision of the official, the decision may be reviewed pursuant to Section 11523 of the Government Code; and that during the time of the initial hearing, or during the time the decision is being reviewed pursuant to Section 11523 of the Government Code, the vehicle in question shall not be disposed of.

(4) Any requested hearings shall be conducted within forty-eight (48) hours of the request, excluding weekends and holidays. The city may authorize its own officers to conduct the hearing. Failure of either the registered or legal owner or interested person, or his or her agent, to request or to attend a scheduled hearing shall satisfy the post-storage validity hearing requirement of Section 22851.3 of the California Vehicle Code.

(5) The city shall be responsible for the costs incurred for towing and storage if it is determined in the hearing that reasonable grounds to believe that the vehicle was abandoned are not established.

(6) No authorization for disposal may be issued by the city prior to the conclusion of a requested post-storage hearing.

(7) If, after fifteen (15) days from the notification date, the vehicle remains unclaimed and the towing and storage fees have not been paid, and if no request for a post-storage hearing was requested or a post-storage hearing was not attended, the city shall provide the storing agency, on a form approved by the department of motor vehicles (REG 462, Public Agency Authorization to Dispose of a Vehicle to Scrap Iron Processor or Dismantler), authorization to dispose of the vehicle.

(8) If the names and addresses of the registered and legal owners of the vehicle are not available from the records of the department of motor vehicles, the city may issue to the storing agency, an authorization for disposal at any time after the removal.

(9) A vehicle disposed of pursuant to this section shall not be reconstructed or made operable, unless it is a vehicle which qualifies for either horseless carriage license plates or historical vehicle license plates, pursuant to Section 5004, in which case the vehicle may be reconstructed or made operable.

(Ord. No. 91-54, § 1, 11-13-91)

The city council shall from time to time determine and fix an amount to be assessed as administrative costs under this article.

(Ord. No. 91-54, § 1, 11-13-91)

This article is not the exclusive regulation of abandoned, wrecked, dismantled or inoperative vehicles within the city. This article shall supplement other federal, state or local regulations enacted by any agency having jurisdiction.

(Ord. No. 91-54, § 1, 11-13-91)