Chapter 10.23 — ABANDONED VEHICLE ABATEMENT

Note— See also the editor's note at Ch. 10.08.

This chapter shall be known and cited as the "City of Orange Cove Abandoned Vehicle Abatement Ordinance".

(Ord. No. 333, § 1, 10-27-2009)

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

(Ord. No. 333, § 1, 10-27-2009)

As used in this chapter, the following definitions shall apply:

(a)

"City" shall mean the City of Orange Cove.

(b)

"City Manager" shall mean the City of Orange Cove City Manager or person or persons designated by the city manager.

(c)

"Highway" shall mean 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.

(d)

"Locally designated officer" means the chief of police, officer or other person designated by the chief of police.

(e)

"Owner of the land" means the owner of the land on which the vehicles, or parts thereof, is located, as shown on the last equalized assessment roll.

(f)

"Owner of the vehicle" means the last registered owner and legal owner of record or more current owner, if known.

(g)

"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. No. 333, § 1, 10-27-2009)

(a)

This chapter shall not apply to the following:

(1)

A vehicle, or parts thereof, which is completely enclosed within a building in a lawful manner so that it is not visible from a road, highway or other public or private property;

(2)

A vehicle, or parts thereof, which is located behind a solid fence six feet in height or which is not plainly visible from a road or highway;

(3)

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 auto dismantler, vehicle dealer permitted to operate within the city.

(Ord. No. 333, § 1, 10-27-2009)

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 regulatory codes, statutes, and ordinances heretofore or hereafter enacted by the city, the state, or any other legal entity or agency having jurisdiction. Nothing herein shall be construed in any manner to limit the authority of a peace officer or other public officer to take actions as authorized by law whether or not in compliance with this chapter.

(Ord. No. 333, § 1, 10-27-2009)

Except as otherwise provided in this chapter, the provisions of this chapter shall be administered and enforced by the chief of police. In the enforcement of this chapter 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 and to remove or cause the removal of a vehicle or parts thereof declared to be a nuisance pursuant to this chapter.

(Ord. No. 333, § 1, 10-27-2009)

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 or public property to remove or cause the removal of a vehicle or parts thereof declared to be a nuisance pursuant to this chapter.

(Ord. No. 333, § 1, 10-27-2009)

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 parts thereof) under this chapter.

(Ord. No. 333, § 1, 10-27-2009)

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 Chief of Police shall have the authority to cause the abatement and removal thereof in accordance with the procedure prescribed in this chapter.

(Ord. No. 333, § 1, 10-27-2009)

(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 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 in which case the vehicle and/or land will be posted and the owner of the land noticed as required. 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, you are hereby notified that the undersigned, pursuant to (Section of Ordinance No. 337 or Municipal Code) has determined that there exists upon said land an (or part of an) abandoned, wrecked, dismantled or inoperative vehicle, or parts of a vehicle, registered to, license number, which constitutes a public nuisance pursuant to the provisions of (Ordinance No. or Municipal Code Section No. )".

"You are hereby notified to abate said nuisance by the removal of said vehicle (or said parts of a vehicle) within ten days from the date of 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 ten days after the mailing of this notice of intention, request a public hearing and if such a request is not received by the City Manager within such ten-day period, the Chief of Police shall have the authority to abate and remove said vehicle (or said parts of a vehicle) as a public nuisance and assess the costs as aforesaid without a public hearing. You may submit a sworn, written statement within such ten-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 ___________

Date ___________

"Chief of Police"

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

To: Name of last registered and/or legal owner of record of vehicle- notice should be given to both if different

Address

"As last registered (and/or legal) owner of record of (vehicle: make, model, license number, etc) you are hereby notified that the undersigned pursuant to (Ordinance No. or Section of the Municipal Code), has determined that said vehicle (or parts of a vehicle) exists as an abandoned, wrecked, dismantled or inoperative vehicle at (description of location on public or private property) and constitutes a public nuisance pursuant to the provisions of (Ordinance No. or Section of the Municipal Code)."

"You are hereby notified to abate said nuisance by the removal of said vehicle or said parts of a vehicle within ten days from the date of mailing of this notice.

"As registered (and/or legal) owner of record of said vehicle, or said parts of a vehicle, you are hereby notified that you may, within ten days after the mailing of this notice of intention, request a public hearing or may submit a sworn written statement denying responsibility for the presence of the vehicle on the property, with reasons for such denial, in lieu of appearing. If such a request is not received by the City Manager within such ten-day period, the locally designated officer shall have the authority to abate and remove said vehicle (or said parts of a vehicle) without a hearing,"

Notice Mailed ___________

"Chief of Police"

(b)

A notice of intention to abate shall not be required if (1) the property owner and the owner of the vehicle have signed releases authorizing removal and waive further interest in the vehicle or part thereof or (2) all the following conditions are satisfied:

(1)

Vehicle or parts thereof is inoperable due to the absence of a motor, transmission, or wheels and is incapable of being towed

(2)

Vehicle or parts thereof are valued at less than three hundred dollars by the city.

(3)

City has determined that the vehicle or parts thereof constitutes a public nuisance presenting an immediate threat to public health or safety;

(4)

Property owner has signed a release authoring the removal and waiving further interest in the vehicle or parts thereof

(5)

Vehicle is located upon a parcel that is either zoned for agricultural use or is not improved with a residential dwelling.

(c)

If a vehicle is removed pursuant to subdivision (2), prior to final disposition, the registered or legal owner shall be notified of the intent to dispose of the vehicle or parts thereof. If the vehicle or parts thereof is not claimed and removed from the impound yard or public disposal area within 12 days after the notice of disposal of the vehicle is mailed, final disposition may proceed.

(Ord. No. 333, § 1, 10-27-2009)

(a)

Upon request by the owner of the vehicle or owner of the land received by the locally designated officer within ten days after the mailing of the notices of intention to abate and remove, a public hearing shall be held by the city manager or his or her designee 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.

(b)

If the owner of the land submits a sworn, written statement denying responsibility for the presence of the vehicle on his land within such ten-day period, said 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 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 in which case the vehicle and/or land shall be posted.

(c)

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.

(Ord. No. 333, § 1, 10-27-2009)

(a)

All hearings under this chapter shall be held before the city manager or his or her designee, who shall hear all facts and testimony he 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 private property or public property. The city manager or his/her designee 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 reasons for such denial.

(b)

The city manager or his/her designee 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/her opinion, the circumstances justify the delay. At the conclusion of the public hearing, the city 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.

(c)

If it is determined at the hearing that the vehicle was placed without the consent of the owner of the land and that he has not subsequently acquiesced in its presence, the city manager or his/her designee 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.

(d)

If the owner of the land submits a sworn, written 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 city manager but does not appear, he or she shall be notified in writing of the decision.

(e)

the decision of the city mayor be the final administrative of the City of Orange Cove.

(Ord. No. 333, § 1, 10-27-2009)

Five days after adoption of the order declaring the vehicle or parts thereof to be a public nuisance or five days from the date of mailing of notice of the decision, the vehicle or parts thereof may be disposed of by removal to an automobile scrap 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 Vehicle Code, in which case the vehicle may be reconstructed or made operable.

(Ord. No. 333, § 1, 10-27-2009)

(a)

Within five days after the date of removal of the vehicle or parts thereof, the police department shall notify 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.

(b)

Immediately after removal of the vehicle, the public agency which removed, or caused the removal of, the vehicle shall notify the Stolen Vehicle System of the Department of Justice in Sacramento of the removal.

(Ord. No. 333, § 1, 10-27-2009)

(a)

If the administrative costs and the cost of removal which are charged against the owner of a parcel of land pursuant to this chapter are not paid within thirty days of the date of the order, such costs shall be assessed against the parcel of land pursuant to Section 25845 or 38773.5 of the Government Code, and

shall be transmitted to the tax collector for collection. Said assessment shall have the same priority as other city taxes.

(b)

The city may also collect fees through other legal means including, but not limited to, court action.

(Ord. No. 333, § 1, 10-27-2009)

(a)

It is unlawful for any person to abandon, park, store, or leave or permit the abandonment, parking, storing, or leaving of any licensed or unlicensed vehicle or parts thereof which is in an abandoned, wrecked, dismantled or inoperative condition upon any private property or public property including highways within the city for a period in excess of seventy-two hours unless such vehicle or parts 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, or unless such vehicle is stored or parked in a lawful manner on private or highway property in connection with the business of a licensed dismantler, licensed vehicle dealer or an auto recycling yard permitted by the city to operate in that location.

(b)

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

(Ord. No. 333, § 1, 10-27-2009)

(a)

Any person violating any provision of this chapter shall be guilty of an infraction.

(b)

Any person violating any provision of this chapter shall be guilty of a separate offense for each and every day during which the violation is committed.

(Ord. No. 333, § 1, 10-27-2009)

If any Section, subsection, sentence, clause, word, or phrase of this chapter is held to be unconstitutional or otherwise invalid for any reason, such decision shall not affect the validity of the remainder of this chapter. The City Council of the City of Orange Cove hereby declares that it would have passed this chapter, and each section, subsection, sentence, clause, word, or phrase thereof, irrespective of the fact

that one or more sections, subsections, sentences, clauses, words, or phrases are declared to be invalid or unconstitutional.

(Ord. No. 333, § 1, 10-27-2009)