Article II — ABANDONED MOTOR VEHICLES

SEC. 7-25. PURPOSE.

The city council finds that the accumulation or storage of abandoned, wrecked, dismantled, or inoperative vehicles or parts thereof (“abandoned vehicles”) on private or public property, not including highways, creates a condition that reduces the value of private property, promotes blight and deterioration, invites plundering, creates fire hazards, constitutes an attractive nuisance creating a hazard to the health and safety of minors, creates a harborage for rodents and insects and is injurious to the health, safety and general welfare. Therefore, any abandoned vehicle, on private or public property, not including highways, is hereby declared to constitute a public nuisance which may be abated as such in accordance with the provisions of this article.

(`64 Code, Sec. 19-23) (Ord. No. 2410)

SEC. 7-26. DEFINITIONS.

For the purposes of this article, the following words shall have the following meanings:

(A) HIGHWAY - Any place publicly maintained and open to the use by the public for vehicular travel.

(B) OWNER - The person shown on the last equalized assessment roll as owner of the property on which an abandoned vehicle is located.

(C) VEHICLE - Any device that may propel any person or property upon a highway, except any device moved by human power or used exclusively upon stationary rails or tracks.

(D) VEHICLE OWNER - The last registered owner or legal owner of record of an abandoned vehicle.

(`64 Code, Sec. 19-24) (Ord. No. 2410)

SEC. 7-27. EXCEPTIONS.

This article does not apply to:

(A) A vehicle or parts thereof that is completely within an enclosed structure or that is located behind a solid fence six feet or more in height and not visible from public or private property.

(B) A vehicle or parts thereof that is stored in a lawful manner in connection with the business of a licensed dismantler, vehicle dealer, or junk dealer, or when such storage is necessary to the operation of a lawfully conducted business or commercial enterprise.

(C) These exceptions shall not, however, authorize the maintenance of a public or private nuisance as defined under provisions of law other than this article.

(`64 Code, Sec. 19-25) (Ord. No. 2410)

SEC. 7-28. ENFORCEMENT.

This article shall be administered and enforced by the city manager.

(`64 Code, Sec. 19-26) (Ord. No. 2410)

SEC. 7-29. RIGHT OF ENTRY.

In the enforcement of this article, any authorized city employee or contractor may enter upon private property to examine an abandoned vehicle, or obtain information as to the identity of an abandoned vehicle or to abate an abandoned vehicle.

(`64 Code, Sec. 19-27) (Ord. No. 2410)

SEC. 7-30. COSTS.

The city council may by resolution determine and fix an amount to be assessed as administrative costs and the cost of abatement of an abandoned vehicle. In any case in which a ten-day notice of intention to abate is issued, the city manager may impose a lien on the subject property limited to the costs incurred by the city in the abatement of the abandoned vehicle, including towing, and the costs of investigation, clerical, preparation and service of notice, and other related costs (“administrative costs”).

(`64 Code, Sec. 19-28) (Ord. No. 2410)

SEC. 7-31. AUTHORITY OF MANAGER.

The city manager shall have the authority to abate an abandoned vehicle on private property or public property.

(`64 Code, Sec. 19-29) (Ord. No. 2410)

SEC. 7-32. NOTICE TO OWNERS.

(A) Prior to abatement of an abandoned vehicle, the city manager shall serve a ten-day notice of intention to abate such vehicle on the owner. The ten-day notice of intention to abate shall be mailed by registered or certified mail to the owner.

(B) If the identification numbers are available to determine ownership, prior to abatement of an abandoned vehicle, the city manager shall serve a ten-day notice of intention to abate such vehicle owner. The ten-day notice of intention to abate shall be mailed, by registered or certified mail, to the vehicle owner.

(C) In all cases, the city manager shall post the ten-day notice of intention on the vehicle.

(D) The notice shall contain a statement of the hearing rights of the owner and the vehicle owner. The notice shall inform the owner and vehicle owner that he/she may appear in person at a hearing or may submit a sworn written statement denying responsibility for the presence of such vehicle on the property, with his/her reasons for such denial, in lieu of appearing.

(`64 Code, Sec. 19-30) (Ord. No. 2410)

SEC. 7-33. EXCEPTIONS TO NOTICE TO OWNERS.

(A) A ten-day notice of intention is not required if the owner has signed a disclaimer/waiver of liability and/or the vehicle owner has signed a release of interest waiving further interest in the abandoned vehicle.

(B) The ten-day notice of intention is not required if the abandoned vehicle is inoperable due to the absence of a motor, transmission, or wheels, or is incapable of being towed, or is valued at less than $200 (“low valued vehicle”) by an authorized city employee, and is determined by the city manager to present an immediate threat to public health or safety.

(C) This section applies only to abandoned vehicles located upon property that is zoned for agricultural use or not improved with a residential structure.

(`64 Code, Sec. 19-31) (Ord. No. 2410)

SEC. 7-34. DISPOSITION OF LOW VALUED VEHICLE.

(A) Prior to final disposition of a low valued vehicle, which evidence of registration was covered pursuant to section7-41, the city manager shall provide a notice to such vehicle owner of the city's intent to dispose of such vehicle. The notice shall be mailed by registered or certified mail to the vehicle owner.

(B) If such vehicle is not claimed and removed within 12 days after the notice is mailed, from a location specified in Cal. Vehicle Code, Section 22662, the city manager may proceed with final disposition. The city or contractor shall not be liable for damage caused to such vehicle disposed of pursuant to this section.

(`64 Code, Sec. 19-32) (Ord. No. 2410)

SEC. 7-35. FORMS OF NOTICE.

All notices required by this article shall be in a form as approved by the city attorney.

(`64 Code, Sec. 19-33) (Ord. No. 2410)

SEC. 7-36. REQUEST FOR PUBLIC HEARING.

(A) A request for hearing shall be filed with the city clerk. Upon receiving a request for hearing, the city clerk shall send the request to the hearing officer. The hearing officer shall promptly schedule and conduct a hearing.

(B) The hearing officer shall mail the notice of the hearing at least ten days before the hearing to the owner and to the vehicle owner, unless the identification numbers are not available to determine vehicle ownership.

(C) If a timely request for a hearing is not received, the city manager shall have the authority to abate the abandoned vehicle without holding a public hearing.

(`64 Code, Sec. 19-34) (Ord. No. 2410)

SEC. 7-37. HEARING PROCEDURES.

(A) All hearings shall be open to the public.

(B) The owner or vehicle owner may first present evidence to justify his/her failure to comply with the ten-day notice of intention to abate nuisance. This evidence may be presented by live testimony or sworn written statement. Thereafter, a representative of the city may present evidence.

(C) The hearing officer shall conduct the hearing in an informal fashion and shall not be bound by the technical rules of evidence.

(`64 Code, Sec. 19-35) (Ord. No. 2410)

SEC. 7-38. DECISION.

Within 14 days of the conclusion of the hearing, the hearing officer shall issue and mail to the owner and/or vehicle owner a written decision containing a statement of the reasons on which the decision is based. The hearing officer shall serve a copy of such decision on the city manager. The decision of the hearing officer shall be final and shall exhaust available administrative remedies.

(`64 Code, Sec. 19-36) (Ord. No. 2410)

SEC. 7-39. JUDICIAL ACTION.

The owner and/or vehicle owner may seek judicial review of the decision of the hearing officer in accordance with the Cal. Code of Civil Procedure, Sections 1094.5 and 1094.6.

(`64 Code, Sec. 19-37) (Ord. No. 2410, 2493)

SEC. 7-40. ABATEMENT BY CITY MANAGER.

(A) Five days from the date of mailing of notice to the owner and/or vehicle owner of a decision of the hearing officer that an abandoned vehicle is a public nuisance, the city manager may abate such vehicle.

(B) After the city manager abates a vehicle no person thereafter shall reconstruct or make operable the vehicle, unless the vehicle qualifies for either horseless carriage license plates or historical vehicle license plates, pursuant to Cal. Vehicle Code, Section 5004, in which case the vehicle may be reconstructed or made operable.

(`64 Code, Sec. 19-38) (Ord. No. 2410)

SEC. 7-41. NOTICE OF ABATEMENT TO DEPARTMENT OF MOTOR VEHICLES.

Within five days after the date of abatement of an abandoned vehicle, the city manager shall provide notice to the department of motor vehicles identifying such vehicle and any evidence of registration available, including but not limited to, the registration card, certificate of ownership, or license plate of such vehicle.

(`64 Code, Sec. 19-39) (Ord. No. 2410)

SEC. 7-42. COSTS AS LIEN.

If the administrative costs and the cost of abatement that are charged against the owner are not paid within 30 days of the date of the decision of the hearing officer, such costs plus the administrative costs of assessment shall be assessed against the property pursuant to Cal. Gov't Code, Section 38773.5. All such costs shall have the same priority as city taxes.

(`64 Code, Sec. 19-39.1) (Ord. No. 2410)