§ 5-12

In addition to and in accordance with the determination made and the authority granted by the State pursuant to the provisions of Cal. Veh. Code § 22660 to remove abandoned, wrecked, dismantled, or inoperative vehicles, or parts thereof, as public nuisances, the Council hereby 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, 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 by the provisions of this chapter, is hereby declared to constitute a public nuisance which may be abated as such in accordance with the provisions of this chapter. (§ 1, Ord. 1684, eff. June 6, 1968)

For the purposes of this chapter, unless otherwise apparent from the context, certain words and phrases used in this chapter are defined as follows: (a) “Highway” shall mean a way or place of whatever nature, publicly maintained and open to the use of the public for the purposes of vehicular travel. “Highway” shall include “street.” (b) “Public property” shall not include “highway.”

(c) “Vehicle” shall mean 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. (d) The term “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. (e) The term “owner of the vehicle” means the last registered owner and legal owner of record. (§ 2, Ord. 1684, eff. June 6, 1968, as amended by § 1, Ord. 2554, eff. October 7, 1993)

The provisions of this chapter shall not apply to: (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 other 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. The provisions of this section shall not authorize the maintenance of a public or private nuisance as defined pursuant to provisions of law other than Chapter 10 of Division 11 of the Vehicle Code of the State (commencing with Cal. Veh. Code § 22650) and this chapter. (§ 3, Ord. 1684, eff. June 6, 1968, as amended by § 2, Ord. 2554, eff. October 7, 1993)

The provisions of this chapter are not the exclusive regulations of abandoned, wrecked, dismantled, or inoperative vehicles within the City. The provisions of this chapter shall supplement and be in addition to the other regulatory codes, statutes, and laws heretofore or hereafter enacted by the City, the State, or any other legal entity or agency having jurisdiction. (§ 4, Ord. 1684, eff. June 6, 1968)

Except as otherwise provided in this chapter, the provisions of this chapter shall be administered and enforced by the Code Enforcement Manager. In the enforcement of the provisions of this chapter, such officer and his deputies may with the consent of the property owner, or alternatively with an inspection warrant (Cal. Code Civ. Proc. §§ 1822.50 et seq.), enter upon private or public property to examine a vehicle, or parts thereof, or obtain information as to the identity of a vehicle, and to remove or cause the removal of a vehicle, or parts thereof, declared to be a nuisance pursuant to the provisions of this chapter. (§ 5, Ord. 1684, eff. June 6, 1968, as amended by § 3, Ord. 2554, eff. October 7, 1993)

When the 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 the provisions of this chapter. (§ 6, Ord. 1684, eff. June 6, 1968)

The 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) for the purposes of administering the provisions of this chapter. (§ 7, Ord. 1684, eff. June 6, 1968)

Upon discovering the existence of an abandoned, wrecked, dismantled or inoperative vehicle, or parts thereof on private or public property within the City, the Code Enforcement Manager shall have the authority to cause the abatement and removal thereof in accordance with the procedures of this chapter. (§ 8, Ord. 1684, eff. June 6, 1968, as amended by § 4, Ord. 2554, eff. October 7, 1993)

(a) A ten (10) 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 and the owner of the vehicle, unless the vehicle or parts thereof is in such condition that identification numbers are not available to determine ownership. The notice of intention shall be in the form prescribed by a resolution of the City Council. (b) The requirement that not less than a ten (10) day notice of intention to abate and remove the vehicle or part thereof as a public nuisance be issued, unless the property owner and the owner of the vehicle have signed releases authorizing removal and waiving further interest in the vehicle or part thereof. However, the notice of intention is not required for removal of a vehicle or part thereof that is inoperable due to the absence of a motor, transmission, or wheels and incapable of being towed, is valued at less than two hundred dollars ($200.00) by a person specified in Cal. Veh. Code § 22855, and is determined by the local agency to be a public nuisance presenting an immediate threat to public health or safety, provided that the property owner has signed a release authorizing removal and waiving further interest in the vehicle or part thereof. Prior to final disposition under Cal. Veh. Code § 22662 of such a low- valued vehicle or part for which evidence of registration was recovered pursuant to subdivision Cal. Veh. Code § 22661(a), the local agency shall provide notice to the registered and legal owners of intent to dispose of the vehicle or part, and if the vehicle or part is not claimed and removed within twelve (12) days after the notice is mailed, from a location specified in Cal. Veh. Code § 22662, final disposition may proceed. No local agency or contractor thereof shall be liable for damage caused to a vehicle or part thereof by removal pursuant to this section. This subdivision applies only to inoperable vehicles located upon a parcel that is (1) zoned for agricultural use or (2) not improved with a residential structure containing one or more dwelling units. (Cal. Veh. Code § 22661(c)) (§ 9, Ord. 1684, eff. June 6, 1968, as amended by § 5, Ord. 2554, eff. October 7, 1993)

Upon request by the owner of the vehicle or the owner of the land and if received by the Code Enforcement Manager within the ten (10) days after the mailing of the notices of intention to abate and remove, the Code Enforcement Manager shall hold a hearing, which shall be open to the public, 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 of a vehicle, against the property on which it is located.

If the owner of the land submits a sworn statement, in writing, denying responsibility for the presence of the vehicle on his land within the such ten (10) day period, said statement shall be construed as a request for a hearing which does not require his presence. Notice of hearing shall be mailed, by registered or certified mail, at least ten (10) days prior to the date of 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 (10) 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 hearing. (§ 10, Ord. 1684, eff. June 6, 1968, as amended by § 6, Ord. 2554, eff. October 7, 1993)

All hearings under this chapter shall be held before the Code Enforcement Manager which shall hear all facts and testimony it deems pertinent. Said facts and testimony may include testimony on the condition of the vehicle, or parts thereof, and the circumstances concerning its location on the said property, public or private. The Code Enforcement Manager 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 statement, in writing, in time for consideration at the hearing, and deny responsibility for the presence of the vehicle on the land, with his reasons for such denial. The Code Enforcement Manager may impose such conditions and take such other action as he deems appropriate under the circumstances to carry out the purpose of this chapter. He may delay the time for removal of the vehicle, or parts thereof, if in his opinion the circumstances justify it. At the conclusion of the hearing, the Code Enforcement Manager may find that a vehicle, or parts 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 land. The order requiring removal shall include a description of the vehicle or parts 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 owner of the land and that he has not subsequently acquiesced in its presence, the Code Enforcement Manager shall not assess the 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 owner of the land. If the owner of the land submits a sworn statement denying responsibility for the presence of the vehicle on his land but does not appear or if an interested party makes a written presentation to the Code Enforcement Manager but does not appear, he shall be notified in writing of the decision. (§ 11, Ord. 1684, eff. June 6, 1968, as amended by § 7, Ord. 2554, eff. October 7, 1993)

Any interested party may appeal the decision of the Code Enforcement Manager by filing a written notice of appeal with the said Code Enforcement Manager within ten (10) days after its decision. Such appeal shall be heard by the City Council which may affirm, amend or reverse the order or take other action deemed appropriate. The Clerk shall give written notice of the time and place of hearing to the appellant and those persons specified in § 5-12.09 of this Chapter 12. In conducting the hearing, the City Council shall not be limited by the technical rules of evidence. (§ 12, Ord. 1684, eff. June 6, 1968, as amended by § 8, Ord. 2554, eff. October 7, 1993)

Five (5) days after adoption of the order declaring the vehicle or parts thereof to be a public nuisance, five (5) days from the date of mailing of notice of the decision if such notice is required by § 5-12.11, or fifteen (15) days after such action of the governing body authorizing removal following appeal, the vehicle 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, unless it is a vehicle that qualifies for either horseless carriage license plates or historical license plates, pursuant to Cal. Veh. Code § 5004, in which case the vehicle may be reconstructed or made operable. (§ 13, Ord. 1684, eff. June 6, 1968, as amended by § 9, Ord. 2554, eff. October 7, 1993)

Within five (5) 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, certificate of title, and license plates. (§ 14, Ord. 1684, eff. June 6, 1968, as amended by § 10, Ord. 2554, eff. October 7, 1993)

If the administration costs and the cost of removal which are charged against the owner of a parcel of land pursuant to § 5-12.11 of this chapter are not paid within thirty (30) days of the date of the order or the final disposition of an appeal therefrom, such costs shall be a special assessment against that parcel of land pursuant to Cal. Gov't Code § 38773.5. Said assessment shall have the same priority as other City taxes. (§ 11, Ord. 2554, eff. October 7, 1993)

CHAPTER 13: SECURITY PROVISIONS FOR CAR LOTS (REPEALED)

CHAPTER 13: SECURITY PROVISIONS FOR CAR LOTS (REPEALED)

CHAPTER 14: REMOVAL OF IGNITION KEYS FROM UNATTENDED MOTOR VEHICLES

CHAPTER 14: REMOVAL OF IGNITION KEYS FROM UNATTENDED MOTOR VEHICLES

5-14.01 Removal of ignition keys 5-14.02 Effect on other actions