Chapter 10.60 — ABANDONED OR INOPERATIVE VEHICLES

* For statutory provisions regarding abandoned vehicles and local regulation thereof, see Veh. Code §22660; for the provisions regarding abandoned vehicles generally, see Veh. Code §22650.

A.

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 of Parlier makes the following findings and declarations:

B.

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 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 part thereof, on private or public property not including highways, except as expressly hereinafter permitted, is declared to constitute a public nuisance which may be abated as such in accordance with the provisions of this chapter.

C.

As used in this chapter:

"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.

"Public property" does not include "highway."

"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. 68-127 §1, 1968).

A.

This chapter 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; or

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.

B.

Nothing in this section shall 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 and this chapter.

(Ord. 68-127 §2, 1968).

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 enacted by the city, the state, or any other legal entity or agency having jurisdiction.

(Ord. 68-127 §3, 1968).

Except as otherwise provided herein, the provisions of this chapter shall be administered and enforced by the chief of police or the city administrator. In the enforcement of this chapter such officer and his deputies may enter upon private or public property, following the procedure described in Section 1.12.010, 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. 84-03 §1, 1984; Ord. 68-127 §4, 1968).

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 following the procedure described in Section 1.12.010, to remove or cause the removal of a vehicle or parts thereof declared to be a nuisance pursuant to this chapter.

(Ord. 68-127 §5, 1968).

The city council shall from this time determine and fix an amount to be assessed as administrative costs, excluding the actual cost of removal of any vehicle or part thereof, under this chapter.

(Ord. 68-127 §6, 1968).

A public hearing shall be held on the question of abatement and removal of the vehicle or part hereof as an abandoned, wrecked, dismantled or inoperative vehicle and the assessment of the administrative costs and

the cost of removal of the vehicle or part thereof against the property on which it is located. Notice of hearing shall be mailed at least ten days before the hearing by certified mail, with a five-day return requested, to the owner of the land as shown on the last equalized county assessment roll and to the last registered and legal owners of record unless the vehicle is in such condition that identification numbers are not available to determine ownership. If any of the foregoing notices are returned undelivered by the United States Post Office, the hearing shall be continued to a date not less than ten days from the date of such return.

(Ord. 68-127 §7, 1968).

Notice of hearing shall also be given to the California Highway Patron, identifying the vehicle or part thereof proposed for removal, such notice to be mailed at least ten days prior to the public hearing.

(Ord. 68-127 §8, 1968).

A.

All hearings under this chapter shall be held before the city council, which shall hear all facts and testimony it deems pertinent. Said facts and testimony may include testimony on the conditions of the vehicle or part thereof and the circumstances concerning its location on the said private property or public property. The city council 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 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 council may impose such conditions and take such other action as it deems appropriate under the circumstances to carry out the purpose of the chapter. It may delay the time for removal of the vehicle or part thereof if in its opinion the circumstances justify it. At the conclusion of the public hearing, the city 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 and disposed of as hereinafter provided and determine the administrative costs and the cost 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.

C.

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

D.

If an interested party makes a written presentation to the hearing body or officer but does not appear, he shall be notified in writing of the decision.

(Ord. 68-127 §9, 1968).

A.

Any interested party may appeal the decision of the city council by filing a written notice of appeal with the city council within five days after its decision.

B.

The clerk shall give written notice of the time and place of the hearing to the appellant and those persons specified in Section 10.60.070.

C.

In conducting the hearing the city council shall not be limited by the technical rules of evidence.

(Ord. 68-127 §10, 1968).

Five days after adoption of the order declaring the vehicle of parts thereof to be a public nuisance, five days from the date of mailing of notice of the decision if such notice is required by Section 10.60.090, or fifteen days after such action of the governing body authorizing removal following appeal, the vehicles 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.

(Ord. 68-127 §11, 1968).

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 registration certificates of title and license plates.

(Ord. 68—127 §12, 1968).

If the administrative costs and the cost of removal are charged against the owner of a parcel of land pursuant to Section 10.60.090 are not paid within thirty days of 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 Section

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.

(Ord. 68—127 §13, 1968).

It shall be unlawful and a misdemeanor for any person to abandon, park, store, or leave or permit the abandonment, parking, storing or leaving of any licensed or unlicensed vehicle or part thereof which is in an abandoned, wrecked, dismantled or inoperative condition upon any private or public property not including highways within the city for a period in excess of thirty days unless such vehicle or part 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 property in connection with the business of a licensed dismantler, licensed vehicle dealer or a junkyard.

(Ord. 68—127 §14, 1968).

Any person convicted of violating any of the provisions of this chapter shall be guilty of an infraction, and shall be punishable as set forth in Section 1.16.010 of this code.

(Ord. 02-02 §23, 2002: Ord. 84-03 §2, 1984: Ord. 68—127 §15, 1968).