Petaluma Municipal Code Ch. 11.64 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 public nuisances, the city council makes the Rndings and declarations in Sections 11.64.020 and

11.56.030. (Ord. 1021 NCS §1; Ord. 887 NCS §1; prior code §15.16.)

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 Rre 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. (Ord. 1021 NCS §1; Ord. 887 NCS §1; prior code §15.16.)

As used in this chapter the following words have the following meanings:

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. "Owner of the land" means the owner of the land on which the vehicle or parts thereof, is located, as shown

on the last equalized assessment roll;

C. "Owner of the vehicle" means the last registered and legal owner of record:

D. "Public property" does not include "highway";

E. "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. 1021 NCS §1; Ord. 887 NCS §1; prior code § 15.16.)

This chapter shall not apply to:

A. 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

B. 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.

Nothing in this section shall authorize the maintenance of a public or private nuisance as deRned under provisions

of law other than Chapter 10 (commencing with Section 22650) of Division 11 of the Vehicle Code and this chapter.

(Ord. 887 NCS §1; prior code §15.16.1.)

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 or

hereafter enacted by the city, the state, or any other legal entity or agency having jurisdiction. (Ord. 887 NCS § 1;

prior code §15.16.2.)

Except as otherwise provided herein, the provisions of this chapter shall be administered and enforced by the

chief of police. In the enforcement of this chapter he and his deputies 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. 887 NCS § 1;

prior code §15.16.3.)

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 to remove or cause the removal of a

vehicle or parts thereof declared to be a nuisance pursuant to this chapter. (Ord. 887 NCS §1; prior code §15.16.4.)

The city council shall from time to time determine and Rx an amount to be assessed as administrative costs under

this chapter. (Ord. 887 NCS §1; prior code § 15.16.5.)

Upon discovering the existence of an abandoned, wrecked, dismantled or inoperative vehicle, or parts thereof, on

private property or public property within the city, the chief of police shall have the authority to cause the

abatement and removal thereof in accordance with the procedure prescribed in this chapter. (Ord. 1021 NCS §2;

Ord. 887 NCS §1; prior code §15.16.6.)

A ten-day notice of intention to abate and remove the vehicle or parts thereof as a public nuisance shall be mailed

by registered mail to the owner of the land and to the owner of the vehicle, unless the vehicle is in such condition

that identiRcation numbers are not available to determine ownership. The notices of intention shall be in

substantially the following forms:

"NOTICE OF INTENTION TO ABATE AND REMOVE AN ABANDONED, WRECKED, DISMANTLED, OR

INOPERATIVE VEHICLE OR PARTS THEREOF AS A PUBLIC NUISANCE

(Name and address of owner of the land)

As owner shown on the last equalized assessment roll of the land located at (address), you are hereby

notiRed that the undersigned pursuant to (section of ordinance or municipal code) has determined that

there exists upon said land an (or parts of an) abandoned, wrecked, dismantled or inoperative vehicle

registered to..............., license number .............., which constitutes a public nuisance pursuant to the

provisions of (ordinance or municipal code chapter number).

You are hereby notiRed to abate said nuisance by the removal of said vehicle (or said parts of vehicle)

within 10 days from the date of mailing of this notice, and upon your failure to do so, the same will be

abated and removed by the city of Petaluma and the costs thereof, together with administrative costs,

assessed to you as owner of the land on which said vehicle (or said parts of a vehicle) is located.

As owner of the land on which said vehicle (or said parts of a vehicle) is located, you are hereby notiRed

that you may, within 10 days after the mailing of this notice of intention, request a public hearing and if

such a request is not received by the Chief of Police within such 10-day period, the Chief of Police shall

have the authority to abate and remove said vehicle (or said parts of a vehicle) as a public nuisance and

assess the costs as aforesaid without a public hearing. You may submit a sworn written statement within

such 10-day period denying responsibility for the presence of said vehicle (or said parts of a vehicle) on

said land, with your reasons for denial, and such statement shall be construed as a request for hearing at

which your presence is not required. You may appear in person at any hearing requested by you or the

owner of the vehicle or, in lieu thereof, may present a sworn written statement as aforesaid in time for

consideration at such hearing.

Notice Mailed .....................

(date)

....................................

Chief of Police"

"NOTICE OF INTENTION TO ABATE AND REMOVE AN ABANDONED, WRECKED, DISMANTLED OR

INOPERATIVE VEHICLE OR PARTS THEREOF AS A PUBLIC NUISANCE.

(Name and address of last registered and/or legal owner of record of vehicle—notice should be given to

both if diUerent.)

As last registered (and/or legal) owner of record of (description of vehicle—make, model, license, etc.),

you are hereby notiRed that the undersigned pursuant to (section of ordinance or municipal code) has

determined that said vehicle (or parts of a vehicle) exists as an abandoned, wrecked, dismantled or

inoperative vehicle at (described location on public or private property) and constitutes a public nuisance

pursuant to the provisions of (ordinance or municipal code chapter number).

You are hereby notiRed to abate said nuisance by the removal of said vehicle (or said parts of a vehicle)

within 10 days from the date of mailing of this notice.

As registered (and/or legal) owner of record of said vehicle (or said parts of a vehicle), you are hereby

notiRed that you may, within 10 days after the mailing of this notice of intention, request a public hearing

and if such a request is not received by the Chief of Police within such 10-day period, the Chief of Police

shall have the authority to abate and remove said vehicle (or said parts of a vehicle) without a hearing.

Notice Mailed .....................

(date)

....................................

Chief of Police"

(Ord. 1021 NCS §1; Ord. 887 NCS §3; prior code §15.16.7.)

Upon request by the owner of the vehicle or owner of the land received by the chief of police within ten days after

mailing of the notices of intention to abate and remove, a public hearing shall be held by the chief of police on the question of abatement and removal of the vehicle or parts thereof as an abandoned, wrecked, dismantled or

inoperative vehicle, and the assessment of the administrative costs and the cost of removal of the vehicle or parts

thereof against the property on which it is located. (Ord. 1021 NCS §4; Ord. 887 NCS §1; prior code § 15.16.8.)

If the owner of the land submits a sworn written statement denying responsibility for the presence of the vehicle

on his land within such ten-day period, the statement shall be construed as a request for a hearing which does not

require his presence. Notice of the hearing shall be mailed, by registered mail, at least ten days before the hearing

to the owner of the land and to the owner of the vehicle, unless the vehicle is in such condition that identiRcation

numbers are not available to determine ownership. If such a request for hearing is not received within the ten

days after mailing of the notice of intention to abate and remove, the city shall have the authority to abate and

remove the vehicle or parts thereof as a public nuisance without holding a public hearing. (Ord. 1021 NCS §4; Ord.

887 NCS §1; prior code §15.16.8.)

All hearings under this chapter shall be held before the chief of police which shall hear all facts and testimony he

deems pertinent. The 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 or public property. The chief of police shall

not be limited by the technical rules of evidence. The owner of the land 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. (Ord. 1021 NCS §5; prior code §15.16.9.)

The chief of police may impose such conditions and take such other action as it deems appropriate under the

circumstances to carry out the purpose of this chapter. He may delay the time for removal of the vehicle or parts

thereof if, in his opinion, the circumstances justify it. At the conclusion of the public hearing, the chief of police

may Rnd that a vehicle, or parts 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 land. The order requiring removal shall include a description of the vehicle or parts thereof and the

correct identiRcation number and license number of the vehicle available at the site. (Ord. 1021 NCS §5; prior code

§15.16.9.)

abandoned vehicle.

If it is determined at the hearing that the vehicle was placed on the land without the consent of the owner of the

land and that he has not subsequently acquiesced in its presence, the chief of police shall not assess the 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. (Ord. 1021 NCS §5; prior code §15.16.9.)

If the owner of the land submits a sworn written statement denying responsibility for the presence of the vehicle

on his land but does not appear, or if an interested party makes a written presentation to the chief of police but

does not appear, he shall be notiRed in writing of the decision. (Ord. 1021 NCS §5; prior code §15.16.9.)

Any interested party may appeal the decision of the chief of police by Rling a written notice of appeal with the chief

within Rve days after its decision.

Such appeal shall be heard by the city council which may aTrm, amend or reverse the order or take other action

deemed appropriate.

The clerk shall give written notice of the time and place of the hearing to the appellant and those persons speciRed

in Section 11.64.090.

In conducting the hearing the city council shall not be limited by the technical rules of evidence. (Ord. 1021 NCS §6;

Ord. 887 NCS §1; prior code §15.16.10.)

Five days after adoption the order declaring the vehicle or parts thereof to be a public nuisance, Rve days from the

date of mailing of notice of the decision if such notice is required by Sections 11.64.110 and 11.64.120, or Rfteen

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. 1021 NCS §6; Ord. 887 NCS §1; prior code

§15.16.11.)

Within Rve 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 certiRcates, certiRcates

of title and license plates. (Ord. 1021 NCS §6; Ord. 887 NCS §1; prior code §15.16.12.)

If the administrative costs and the cost of removal which are charged against the owner of a parcel of land

pursuant to Sections 11.64.110 and 11.64.120 are not paid within thirty days of the date of the order, or the Rnal

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. Such assessment shall

have the same priority as other taxes. (Ord. 1021 NCS §6; Ord. 887 NCS §1; prior code §15.16.13.)