Chapter 10.34 — ABANDONED, WRECKED, DISMANTLED OR INOPERATIVE VEHICLES

This chapter is enacted pursuant to authorization contained in the California Vehicle Code, particularly Sections 9250.7, 22660, 22702, and 22710, as amended from time to time, or successor legislation, in order to authorize removal of abandoned, wrecked, dismantled or inoperative vehicles or vehicle parts from private property or from public property and recovery of costs of administration and removal, including attorneys' fees; and for the further purpose of qualifying for such funds as may be made available by the state of California, Department of Public Works, from the Abandoned Vehicle Trust Fund. (Ord. 04-09 § 2 (part))

Abandoned, wrecked, dismantled, or inoperative vehicles, or vehicle parts, on public property or private property are public nuisances and shall be abated and disposed of as provided in this chapter, in addition to such other remedies as may be provided in this code or by law. (Ord. 04-09 § 2 (part))

The Police Chief, or a delegate of the Police Chief, is authorized to administer and enforce the provisions of this chapter, except that actual removal of vehicles or vehicle parts from property may be by any person so authorized by the Police Chief. Whenever the existence of an abandoned, wrecked, dismantled or

inoperative vehicle, or vehicle parts, on private property or public property is discovered, the Police Chief may abate the nuisance as provided in this chapter. (Ord. 04-09 § 2 (part))

If the Police Chief determines that abatement is appropriate, he or she shall give not less than ten days' notice of intention to abate and remove the vehicle or vehicle parts thereof as a public nuisance, and of the hearing rights of the owner of the property on which the vehicle is located and the owner of the vehicle or vehicle parts. Notice of intention to abate and remove is not required if the property owner and the owner of the vehicle or vehicle parts have signed releases authorizing removal and waiving further interest in the vehicle or vehicle parts. A. Notice shall be sent by registered or certified mail, to the owner of the land as shown on the last equalized assessment roll 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. The notice shall include notice to the property owner that he or she 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 or her reasons for such denial, instead of appearing. C. Notice as specified above and a hearing are not required in the following circumstance: The vehicle or part of a vehicle to be removed meets all of the following: 1. Is inoperable due to the absence of a motor, transmission, or wheels; 2. Is incapable of being towed; 3. Is valued at less than two hundred dollars ($200.00) by a person specified in Section 22855 of the State Vehicle Code; 4. Is determined by the local agency to be a public nuisance presenting an immediate threat to public health or safety; 5.

The property owner has signed a release authorizing removal and waiving further interest in the vehicle or vehicle parts; and 6. The vehicle or part is located on a parcel that is not improved with a residential structure with one or more dwelling units. Before final disposition under Vehicle Code Section 22662, notice to the registered and legal owners of the intent to dispose of the vehicle or vehicle parts must be given, including notice that if the item is not claimed and removed from a location specified in Section 22662 within twelve (12) days after the notice is mailed, final disposition may proceed. (Ord. 04-09 § 2 (part))

The owner of the vehicle or vehicle parts or the property owner where the vehicle or vehicle parts are located may request a hearing to determine whether a violation of this chapter has occurred. A. The request must be in writing and must state the reasons why it is believed that there is no violation. B. The request must be submitted no later than twelve (12) days from the date the notice of intention to abate and remove was mailed. C. The property owner may submit a sworn written statement denying responsibility for the presence of the vehicle or vehicle parts on the owner's land, with reasons to substantiate the denial. This statement of nonresponsibility must be submitted no later than ten days from the date the notice of intention to abate and remove was mailed and will be deemed a request for a hearing under this section. D. If a request for a hearing is properly submitted under this section, the hearing must be held no later than thirty (30) days after receipt of the request for a hearing. (Ord. 04-09 § 2 (part))

The owner of the vehicle or vehicle parts may appear at the hearing to be heard. The owner of the land on which the vehicle is located may appear in person at the hearing or present a sworn written statement denying responsibility for the presence of the vehicle on the land, with his or her reasons for such denial. If the Police Chief determines on the basis of credible evidence at the hearing that the vehicle was placed on the land without the consent of the landowner and that he or she has not subsequently acquiesced in its

presence, then the costs of administration or removal of the vehicle shall not be assessed against the property on which the vehicle is located or otherwise collected from the property owner. (Ord. 04-09 § 2 (part))

A. The landowner or the owner of the vehicle or vehicle parts may appeal the Police Chief's decision by filing a written notice of appeal within five calendar days after the decision. The notice shall state the specific reasons for the appeal. The Police Chief shall promptly transmit the proceedings to the City Manager. B. The City Clerk shall promptly give written notice of the time and place of the hearing to the appellant and those persons specified in subsection A of this section. C. The City Manager shall promptly hear such appeal, determine whether a public nuisance exists, and may affirm, amend or reverse the order, or take other action it deems appropriate. The decision shall not be limited by the technical rules of evidence. D. If the City Manager denies the appeal, the Chief of Police shall have the authority to remove the vehicle or vehicle parts. (Ord. 04-09 § 2 (part))

Following the expiration of the period for notice of appeal, the Police Chief shall cause the removal of abandoned, wrecked, dismantled or inoperative vehicles, or vehicle parts, from private property or public property. Such vehicles, or vehicle parts, may be removed to any scrap yard, automobile dismantler's yard, or any suitable site operated by the city for processing as scrap, or may be given such other final disposition as the Police Chief deems appropriate. (Ord. 04-09 § 2 (part))

Subject to the provisions of this chapter, the costs of administration of this chapter and removal of the vehicle or vehicle parts, including attorneys' fees, shall be collected from the owner of the land on which the vehicle or vehicle parts is located, pursuant to Section 38773.5 of the Government Code of the State of California and Sections 1.12.090 through 1.12.130 of this Code, inclusive, as they may be amended from time to time, or successor legislation. The Police Chief is authorized to assume the costs of administration and removal of abandoned, wrecked, dismantled or inoperative vehicles, or parts, whenever the circumstances, equities, hardships, or the best interests of the city will best be served.

(Ord. 04-09 § 2 (part))

No vehicle or vehicle parts removed under this chapter shall be reconstructed or made operable unless it is a vehicle that qualifies for either horseless carriage license plates or historical vehicle license plates, pursuant to Vehicle Code Section 5004. (Ord. 04-09 § 2 (part))

Within five days after the date of removal, the Police Chief or his or her delegate shall give notice to the Department of Motor Vehicles such information as is available identifying the vehicle or vehicle parts, and any evidence of registration, including but not limited to, registration card, certificate of ownership, or license plates. (Ord. 04-09 § 2 (part))

This chapter shall not apply to: A. A vehicle or vehicle parts 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 vehicle parts which 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 junkyard. Nothing in this section shall authorize the maintenance of a public or private nuisance, as defined under any provision of law other than this chapter. (Ord. 04-09 § 2 (part))