Chapter 10.16 — ABANDONED VEHICLES

In addition to and in accordance with the determination made and the authority granted by the state under Section 22660 of the Vehicle Code to remove abandoned, wrecked, dismantled or inoperative vehicles or parts thereof as unlawful public nuisances, the town 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 not including highways is found to create conditions tending to reduce the value of private property, to promote blight and deterioration, to invite theft, 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, insects and vectors, 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 in this chapter, is declared to constitute an unlawful public nuisance which may be abated and/or prosecuted by penalty as such in accordance with the provisions of this chapter.

(Ord. 16 §§1(K)(part), 2(A)(part), 1980: county code §14-51; Ord. No. 401, § 12, 8-26-2003)

A.

This article shall not apply to:

A vehicle or part 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;

A vehicle or part 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; or

A vehicle or part thereof which is located behind a solid fence six feet in height.

B.

Nothing in this section shall authorize the maintenance of a public or private nuisance as defined under provisions of the law other than Chapter 10 (commencing with Section 22650) of Division 11 of the Vehicle Code and this chapter. (Ord. 322 §1, 1999: Ord. 16 §1(K)(part), 1980: county code §14-52)

As used in this chapter:

A.

"Highway" means 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.

B.

"Public property" does not include "highway."

C.

"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; provided, however, that the term "vehicle" shall not include mobile homes or travel trailers. (Ord. 16 §1(K) (part), 1980: county code §14-53)

This chapter is not the exclusive regulation of abandoned, wrecked, dismantled or inoperative vehicles within the town. It shall supplement and be in addition to the other regulatory codes, statutes and ordinances enacted by the town, the state or any other legal entity having jurisdiction before or after the effective date of the ordinance codified in this chapter. (Ord. 16 §§1(K)(part), 2(B)(part), 1980: county code §14-54)

Except as otherwise provided in this chapter, the provisions of this chapter shall be administered and enforced by the town manager. In the enforcement of this chapter such officer and his deputies, assistants and employees 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 part thereof declared to be a nuisance pursuant to this chapter. (Ord. 75 §1(M)(part), 1982; Ord. 16 §1(K)(part), 1980: county code §14-55)

When the town 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 article. (Ord. 16 §§1(K)(part), 2(A)(part), 1980: county code §14-56)

The town council shall from time to time determine and fix by resolution an amount to be assessed as administrative costs excluding the actual cost of removal of any vehicle or part thereof under this article. (Ord. 16 §§1(K)(part), 2(A)(part), 1980: county code §14-57)

Notice of intention to abate and remove a vehicle or part thereof as a public nuisance shall be given at least ten days before such abatement and removal. Such notice shall contain a statement of the hearing rights of the owner of the property on which the vehicle is located and the owner of the vehicle. The statement shall include 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. The notice of intention to abate and remove shall be mailed, 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 of the vehicle unless the vehicle is in such condition that identification numbers are not available to determine ownership. (Ord. 16 §1(K) (part), 1980: county code §14-58)

A.

A public hearing shall be held before the town council upon request for such hearing by the owner of the vehicle or the owner of the land on which such vehicle was located. The request shall be made to the town council within ten days after the mailing of notice of intention to abate and remove the vehicle. If the owner of the land on which the vehicle is located submits a sworn written statement denying responsibility for the presence of the vehicle on his land within such time period, this statement shall be construed as a request for hearing which does not require the presence of the owner submitting such request. If such a request is not received within such period, the town manager, his deputies, assistants or employees shall have the authority to remove or cause the removal of the vehicle, and in such cases removal and administrative costs shall be assessed as follows: removal costs shall be assessed by the town council, except when removal is accomplished by a private contractor or franchise holder, in which event the removal cost shall be assessed by the town manager in an amount equal to the amount actually charged for such removal; administrative costs shall be assessed by the town manager in accordance with the resolution adopted pursuant to Section 10.16.070.

B.

If a hearing is requested or construed to be requested the town council shall set a time for hearing. Fifteen days' notice of hearing shall be mailed to all parties requesting a hearing and to all landowners who have

submitted sworn statements denying liability. (Ord. 75 §1(M)(part), 1982; Ord. 16 §§1(K)(part), 2(A)(part), 1980: county code §14-59)

All hearings under this chapter shall be before the town council, which shall hear all facts and testimony it deems pertinent. The facts and testimony may include testimony on the condition of the vehicle or part thereof and the circumstances concerning its location on the private property or public property. The town council shall not be limited by the technical rules of evidence. The owner of land on which the vehicle is located may appear in person at the 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. (Ord. 16 §§1(K) (part), 2(A)(part), 1980: county code §14-60(part))

The town council may impose such conditions and take such other action as it deems appropriate under the circumstances to carry out the purpose of this chapter. It may delay the time for removal of the vehicle or part thereof if, in its opinion, the circumstances justify it. (Ord. 16 §§1(K)(part), 2(A)(part), 1980: county code §14-60(part))

At the conclusion of the public hearing, the town council may find that a vehicle or part 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 not less than thirty days after the date of the order and disposed of as provided in this chapter, and determine the administrative costs and the costs of removal to be charged against the owner of the parcel of land on which the vehicle or part thereof is located. The order requiring removal shall include a description of the vehicle or part thereof and the correct identification number and license number of the vehicle, if available at the site. (Ord. 16 §§1(K)(part), 2(A)(part), 1980: county code §14-60(part))

If it is determined at the hearing that the vehicle was placed on the land without the consent of the landowner and that he has not subsequently acquiesced in its presence, the town council 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 landowner. (Ord. 16 §§1(K)(part), 2(A)(part), 1980: county code §14-60(part))

If an interested party makes a written presentation to the town council but does not appear, he shall be notified in writing of the decision. Such notice shall be mailed within fifteen days of the date of the decision. (Ord. 16 §§1(K)(part), 2(A) (part), 1980: county code §14-60(part))

Upon removal of a vehicle under Sections 10.16.090 or 10.16.100 through 10.16.140 the vehicle or parts thereof may be disposed of by removal to a scrapyard 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 which qualifies for either horseless carriage license plates or historical vehicle license plates pursuant to the California Vehicle Code in which case the vehicle may be reconstructed or made operable. (Ord. 78 §4, 1982: Ord. 16 §1(K)(part), 1980: county code §14-61)

Within five days after the date of removal of the vehicle or part thereof, notice shall be given to the Department of Motor Vehicles identifying the vehicle or part thereof removed. At the same time there shall be transmitted to the Department of Motor Vehicles any evidence of registration available, including, but not limited to, registration certificates, certificates of title or license plates. (Ord. 16 §1(K)(part), 1980: county code §14-62)

If the administrative costs and the costs of removal which are charged against a parcel of land pursuant to Sections 10.16.090 or 10.16.100 through 10.16.140 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 of the Government Code and shall be transmitted to the administrative services director for collection. The assessment shall have the same priority as other town taxes.

(Ord. 75 §1(C)(part), 1982; Ord. 16 §§1(K)(part), 2(B)(part), 1980: county code §14-63)

Any person violating any of the provisions of this chapter shall be guilty of an infraction with fines pursuant to Government Code § 36900. Any additional violation of this chapter within one year of the first violation may be prosecuted by the town attorney as a misdemeanor with a fine not to exceed one thousand dollars and/or six months in the county jail; and provided, however, the town attorney shall have the discretion to reduce the misdemeanor to an infraction. Each day such violation is committed or permitted to continue constitutes a separate offense and is punishable as such.

(Ord. No. 401, § 13, 8-26-2003)