Pacifica Municipal Code Ch. 1 Abandoned Vehicles

* Sections 5-1.01 through 5-1.14, codified from Ordinance No. 406, as amended by Ordinance Nos. 479, 50-C.S., effective May 10, 1972, 171-C.S., effective April 7, 1976, 190-C.S., effective January 12, 1977, and 309-C.S., effective October 29, 1981, amended in their entirety by Ordinance No. 426-C.S., effective November 7, 1984.

In addition to and in accordance with the determination made and the authority granted by the State pursuant to the provisions of Section 22660 of the Vehicle Code of the State 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, 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 parts thereof, on private or public property, including highways, is hereby declared to constitute a public nuisance which may be abated as such in accordance with the provisions of this chapter.

It is the intent of this chapter to afford all interested persons a hearing prior to the determination that such a nuisance exists and prior to taking action to abate such nuisance.

(§ 1, Ord. 426-C.S., eff. November 7, 1984, as amended by § 2, Ord. 600-C.S., eff. January 25, 1993)

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) "Abandoned vehicle" shall mean a vehicle whose owner no longer exercises dominion or control over such vehicle.

(b) "Dismantled vehicle" shall mean any vehicle which lacks essential components, such as wheels, doors,fenders, engine, transmission, radiator, and the like.

(c) "Inoperative vehicle" shall mean any vehicle which cannot be lawfully operated and shall include unregistered vehicles on private or public property, not including highways.

(d) "Vehicle" shall mean a device, or parts thereof, designed to propel, move, or draw any person or property upon a highway, except a device moved by human power.

(e) "Wrecked vehicle" shall mean any vehicle which has been damaged to such extent that it cannot be operated in accordance with the Safety Standards of the State.

(f) "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 streets, roads, and alleys within the City.

(g) "Person" shall mean and include any and all natural and artificial persons, including, by way of illustration and not limitation, individuals, firms, corporations, and partnerships and their agents and employees.

(h) "Private property" shall mean any parcel, lot, or easement, not including highways, owned by any person other than a governmental entity.

(i) "Public property" shall mean any parcel, lot, or easement, not including highways, owned or held in trust by a governmental entity.

(j) "Owner of the land" shall mean the owner of the land on which the vehicle, or parts thereof, is located as shown on the last equalized assessment roll.

(k) "Owner of the vehicle" shall mean the last registered owner and legal owner of record.

(l) "Licensed" shall mean any and all licensing requirements of the State and the City from time to time applicable to the stated person or activity.

(m) "Vehicle" references the current definition of same contained at Section 670 of the California Vehicle Code, and means any device by which any person or property may be propelled, moved, or drawn upon a highway, excepting a device moved exclusively by human power or used exclusively upon stationary rails or tracks. Vehicles do not include wheelchairs.

(§ 1, Ord. 426-C.S., eff. November 7, 1984, as amended by § 3, Ord. 687-C.S., eff. June 28, 2001)

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 the vehicle 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, or 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 under provisions of law other than Chapter 10 (commencing with Section 22650) of Division 11 of the Vehicle Code of the State and this chapter.

(§ 1, Ord. 426-C.S., eff. November 7, 1984)

Except as otherwise provided in this chapter, the provisions of this chapter shall be administered and enforced by the Director of Public Safety or his designees. In the enforcement of the provisions of this chapter, such officer and his deputies and designees 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 the provisions of this chapter.

(§ 1, Ord. 426-C.S., eff. November 7, 1984)

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.

(§ 1, Ord. 426-C.S., eff. November 7, 1984)

The Council from time to time shall determine and fix an amount to be assessed as administrative costs, excluding the actual cost of the removal of any vehicle, or parts thereof, pursuant to the provisions of this chapter. Such administrative costs shall be as specified by Council policy.

(§ 1, Ord. 426-C.S., eff. November 7, 1984)

Upon discovering the existence of an abandoned, wrecked, dismantled, or inoperative vehicle, or parts thereof, on private property, public property, or on a highway within the City, the Police Chief shall have the authority to cause the abatement and removal thereof in accordance with the procedure set forth in this chapter.

(§ 1, Ord. 426-C.S., eff. November 7, 1984, as amended by § 3, Ord. 600-C.S., eff. January 25, 1993)

(a) Upon the discovery of a vehicle which appears to constitute a nuisance pursuant to the provisions of Section 5-1.01 of this chapter, the Director of Public Safety, at least ten (10) days prior to the date set for the hearing, shall cause a notice of intention to abate and remove such vehicle, or parts thereof, as a public nuisance to be mailed by registered or certified mail to the following persons:

(1) The last registered and legal owner of the vehicle, unless the vehicle is in such condition that identification is not reasonably available to determine ownership; and

(2) In the case of a nuisance located on private property, the owner of the property upon which the vehicle is located as shown on the last equalized assessment roll.

(b) A notice of intention shall not be required for the removal of a vehicle, or parts thereof, which is inoperable due to the absence of a motor, transmission, or wheels and incapable of being towed, is valued at less than Two Hundred and no/100ths ($200.00) Dollars by a person specified in Section 22855 of the Vehicle Code of the State, and is determined by the Director of Public Safety to be a public nuisance presenting an immediate threat to the public health or safety, provided the property owner has signed a release authorizing the removal and waiving further interest in the vehicle, or parts thereof. Prior to the final disposition of such a low-valued vehicle or part for which evidence or registration was recovered, the Director of Public Safety 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, final disposition may proceed.

This subsection (b) shall apply only to inoperable vehicles located upon a parcel zoned for agricultural use or not improved with a residential structure containing one or more dwelling units.

(c) The notice sent pursuant to the provisions of this section shall include the following information:

(1) A description of the vehicle;

(2) The time, place, and date of the hearing set;

(3) A statement of the hearing rights of the owner of the property on which the vehicle is located and the owner of the vehicle;

(4) In the case of a vehicle on private property, notice to the property owner that he 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 reasons for such denial in lieu of appearing;

(5) The right to a continuance to a reasonable time for good cause;

(6) A statement that fees may be charged if a nuisance is found to exist and is abated; and

(7) A statement that if no person appears at such hearing, the vehicle may be removed without further notice.

(§ 1, Ord. 426-C.S., eff. November 7, 1984)

(a) Conduct of hearings. All hearings held pursuant to the provisions of this chapter shall be held before a Vehicle Hearing Officer, appointed by the Director of Public Safety, who shall hear all pertinent facts and testimony. Such 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, public property or on the highway. The Vehicle Hearing Officer shall not be limited by the technical rules of evidence. The owner of the land on which the vehicle is located 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) Determinations. Should no one appear at the time and place set for the hearing before the Vehicle Hearing Officer, it shall be conclusively presumed that such vehicle constitutes a nuisance pursuant to the provisions of this chapter, and the vehicle shall be removed.

At the conclusion of the hearing, the Vehicle Hearing Officer may find that a vehicle, or parts thereof, has been abandoned, wrecked, or dismantled or is inoperative on private, public property or on the highway, and order the same removed from the property as a public nuisance and disposed of as provided in Section 5-1.10 of this chapter, and determine the administrative costs and the costs of removal to be charged. 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. The Vehicle Hearing Officer may impose such conditions and take such other action as he deems appropriate under the circumstances to carry out the purposes of this chapter. He may delay the time for the removal of the vehicle, or parts thereof, if, in his opinion, the circumstances so justify.

Should the Vehicle Hearing Officer find that the vehicle is not abandoned, wrecked, dismantled, or inoperative, the proceedings shall cease.

If it is determined at the hearing that the vehicle was placed on private property without the consent of the owner of the land and that he has not subsequently acquiesced in its presence, the Vehicle Hearing Officer shall not assess 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 any interested person makes a written presentation to the Vehicle Hearing Officer, but does not appear, such person shall be notified in writing of the decision.

(§ 1, Ord. 426-C.S., eff. November 7, 1984, as amended by § 4, Ord. 600-C.S., eff. January 25, 1993)

Any interested party may appeal the decision of the Vehicle Hearing Officer to the Emergency Preparedness and Safety Commission by filing a written notice of appeal with the City Clerk within five (5) business days after the decision of the Vehicle Hearing Officer.

(§ 1, Ord. 426-C.S., eff. November 7, 1984, as amended by § 3, Ord. 644-C.S., eff. September 11, 1996, § 1, Ord. 646-C.S., eff. September 11, 1996 and § 3, Ord. 687-C.S., eff. June 28, 2001)

Five (5) days after the determination declaring the vehicle, or parts thereof, to be a public nuisance, or five (5) days after the date of the mailing of the notice of the decision, if such notice is required by the provisions of Section 5-1.08 of this chapter, or five (5) days after such action of the Emergency Preparedness and Safety Commission authorizing removal following an appeal, the vehicle shall be disposed of by removal to a scrapyard or automobile dismantler's yard, where it shall be destroyed without regard to salvage value. 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 Vehicle Code of the State, in which case the vehicle may be reconstructed or made operable.

(§ 1, Ord. 426-C.S., eff. November 7, 1984, as amended by § 4, Ord. 644-C.S., eff. September 11, 1996 § 3, Ord. 687-C.S., eff. June 28, 2001)

(a) Notification to Department of Motor Vehicles. Within five (5) days after the date of the removal of the vehicle, or parts thereof, a notice shall be given to the Department of Motor Vehicles of the State identifying the vehicle, or parts thereof, removed. At the same time there shall be transmitted to said Department of Motor Vehicles any evidence of registration available, including, but not limited to, the registration card, certificates of ownership, and license plates.

(b) Notification to Department of Justice. 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.

(§ 1, Ord. 426-C.S., eff. November 7, 1984, as amended by § 5, Ord. 600-C.S., eff. January 25, 1993)

If the administrative costs and the costs of removal which are charged against the owner of a parcel of land pursuant to the provisions of Section 5-1.08 of this chapter are not paid within thirty (30) days after the date of the order, or the final disposition of an appeal therefrom, such costs shall be assessed against the parcel of land pursuant to the provisions of Section 38773.5 of the Government Code of the State and shall be transmitted to the Tax Collector for collection. Such assessment shall have the same priority as other City taxes.

(§ 1, Ord. 426-C.S., eff. November 7, 1984)

It shall be unlawful and an infraction 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.

(§ 1, Ord. 426-C.S., eff. November 7, 1984)