Porterville Municipal Code § 17-17 Parking and Storing Prohibited

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 vehicle or part thereof which is in an abandoned, wrecked, dismantled or inoperative condition upon any private property or public property not including highways within the city for a period in excess of ten (10) 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 a business of a licensed dismantler, licensed vehicle dealer or a junkyard. (Ord. 1162 § 1, 12-5-1978)

It shall be unlawful and a misdemeanor for any person to fail or refuse to remove an abandoned, wrecked, dismantled or inoperative vehicle or part thereof or refuse to abate such nuisance when ordered to do so in accordance with the abatement provisions of this article or state law where such state law is applicable. (Ord. 1162 § 1, 12-5-1978)

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 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 not 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 part thereof, on private or public property not including highways, except as expressly hereinafter permitted, is hereby declared to constitute a public nuisance which may be abated as such in accordance with the provisions of this article. As used in this article, the following terms shall mean:

HIGHWAY: A way or place of whatever nature, publicly maintained and open to the use of the public for purposes of vehicular travel.

PUBLIC PROPERTY: This term does not include "highway".

VEHICLE: 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. 1162 § 1, 12-5-1978)

This article 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 located behind a solid fence six feet (6') in height or which is not plainly visible from a highway.

B. A vehicle or part thereof which is stored or parked by 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 defined under provisions of law other than chapter 10 (commencing with section 22650) of division 11 of the Vehicle Code and this article. (Ord. 1162 § 1, 12-5-1978)

This article is not 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. 1162 § 1, 12-5-1978)

Except as otherwise provided herein, the provisions of this article shall be administered and enforced by the city manager or his duly appointed agent. In the enforcement of this article, such officer 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 declared to be a nuisance pursuant to this article. (Ord. 1162 § 1, 12-5-1978)

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 article. (Ord. 1162 § 1, 12-5-1978)

The city council has determined that the administrative costs shall be fixed by resolution. (Ord. 1162 § 1, 12-5-1978; Ord. 1167 § 1, 2-20-1979)

A. A ten (10) 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 identification 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 notified that the undersigned pursuant to Chapter 17, Section 17-17.2 of the Porterville City 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 Chapter 17, Section 17-17.2 of the Porterville City Code.

You are hereby notified 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, and upon your failure to do so the same will be abated and removed by the City of Porterville and the costs thereof, together with administrative costs, assessed to you as the 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 notified 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 City Manager within such 10-day period, the locally designated officer 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

/s/

City Manager or duly appointed

agent

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 different)

As last registered (and/or legal) owner of record of (description of vehicle - Make, model, license, etc.), you are hereby notified that the undersigned, pursuant to Chapter 17, Section 17-17.2 of the Porterville City Code, has determined that said vehicle (or parts of a vehicle) exists as an abandoned, wrecked, dismantled or inoperative vehicle at (describe location on public or private property) and constitutes a public nuisance pursuant to the provisions of Chapter 17-17.2 of the Porterville City Code.

You are hereby notified 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 notified that you may, within 10 days after the mailing of the notice of intention, request a public hearing and if such a request is not received by the City Manager within such 10-day period, the locally designated officer shall have the authority to abate and remove said vehicle (or said parts of a vehicle) without a hearing.

Notice Mailed

/s/

City Manager Or duly appointed agent

B. Notice shall be given to the department of motor vehicles within five (5) days after the date of removal identifying the vehicle or part thereof and any evidence of registration available, including, but not limited to, the registration card, certificates of ownership or license plates. (Ord. 1537 § B58, 8-6-1996)

Upon request by the owner of the vehicle or owner of the land received by the city manager within ten (10) days after the mailing of the notice of intention to abate and remove, a public hearing shall be held by the city council 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. Pursuant to Section 22661(c) of the California Vehicle Code, the Council of the City of Porterville has designated the Chief of Police, the Fire Chief, or their designee, to preside over the requested public hearing.

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 (10) day period, said 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 (10) 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 identification numbers are not available to determine ownership. If such a request for hearing is not received within ten (10) 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. 1162 § 1, 12-5-1978; Ord. 1899, 11-15-2022)

All hearings under this article shall be held before the chief of police, fire chief, or their respective designee, who shall hear all facts and testimony he deems pertinent. Said 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 and fire chief 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.

The chief of police or fire chief may impose such conditions and take such action as they he deems appropriate under the circumstances to carry out the purpose of this article. They may delay the time for the removal of the vehicle or parts thereof if, in their opinion, the circumstances justify it. At the conclusion of the hearing, the chief of police or fire chief may find 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 identification number of the vehicle, if available at the site.

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 or fire chief shall not assess the cost 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 the owner of the land submits a sworn 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 notified in writing of the decision. (Ord. 1162 § 1, 12-5-1978; Ord. 1167 § 3, 2-20-1979; Ord. 1899, 11-15-2022)

In the case of any contested hearing, the owner of the land contesting said hearing shall have the right to appear before the city council and present evidence relevant to the matters being contested. Said appeal shall be conducted in the written communications portion of the council meeting and thus must be preceded by written notification from the owner of the land to the council. The findings of the council shall be final. (Ord. 1167 § 4, 2-20-1979)