Rancho Cordova Municipal Code § 16.18.601 Purpose of article

A. The provisions of this article are intended to provide a procedure for the abatement of abandoned, wrecked, dismantled or inoperative vehicles, or parts thereof, and are enacted under the authority granted by the state of California under Section 22660 of the Vehicle Code.

B. It is the intent of the city council to provide that the abatement of public nuisances consisting of abandoned, wrecked, dismantled and inoperative vehicles may be carried on either concurrently with or separately from the abatement of other conditions, if any, constituting a public nuisance on any premises within the city, as deemed appropriate under the circumstances.

(SCC 0982 § 1, 1995; Ord. 20-2003 §§ 2, 4; Ord. 21-2003 §§ 2, 4)

The alternative procedure specified in this article shall be used in the case of a nuisance which consists solely of abandoned, wrecked, dismantled or inoperative vehicle(s) or parts thereof.

(SCC 0982 § 1, 1995; Ord. 20-2003 §§ 2, 4; Ord. 21-2003 §§ 2, 4)

When the involved enforcement official determines pursuant to his inspection conducted according to RCMC § 16.18.202 that the conditions existing on the premises constituting a violation of the provisions of this code are the result of the existence on said premises of any abandoned, wrecked, dismantled or inoperative vehicle(s), or the parts thereof, the enforcement official may do the following:

A. Issue a notice of intention to abate and remove the vehicle(s) or parts thereof as a public nuisance, directed to the owner of the premises on which the vehicle(s) or parts thereof are located and the owner of the vehicle(s) or parts thereof. This notice shall contain:

1. The street address and such other description as is required to identify the premises on which the vehicle(s) or parts thereof is located.

2. The identity of the vehicle(s) or parts thereof to be abated.

3. A statement that the enforcement official has found the vehicle(s) or parts thereof to be a public nuisance as specified in this code with a special citation to the applicable section hereof, and to other sections of the Rancho Cordova Municipal Code if applicable, including sufficient detail to provide the owner with information as to the conditions constituting the alleged nuisance.

4. A statement of the action required to be taken as determined by the enforcement official, and that such action is to be completed within 10 days after the mailing of the notice.

5. A statement providing for a hearing by the hearing examiner upon written request to the enforcement official by the owner of the premises on which the vehicle(s) or parts thereof are located or by the owner of the vehicle(s) or parts thereof within 10 days after the mailing of the notice of the existence of a public nuisance on the premises.

6. A statement that failure either to take the action required or to request a hearing within the applicable 10-day period shall be deemed a waiver of such rights, and that the enforcement official may proceed to abate the nuisance.

7. A statement advising that, pursuant to Section 38773.5 of the Government Code, the city intends to seek recovery of attorneys' fees incurred as part of the summary abatement costs.

B. The notice shall be sent certified mail, postage prepaid, to the owner of the premises as shown on the latest equalized assessment roll of the county of Sacramento using such address as may be shown by said assessment roll or such other address as may be known by the enforcement official and to the last registered and legal owner(s) of record, unless the vehicle(s) or parts thereof is in such condition that identification numbers are not available to determine ownership.

C. Upon issuance of the notice, the enforcement official may provide additional notice by posting a copy thereof conspicuously on the vehicle(s) or parts thereof to be abated.

(SCC 0982 § 1, 1995; SCC 1066 § 4, 1997; Ord. 20-2003 §§ 2, 4; Ord. 21-2003 §§ 2, 4; Ord. 50-2004 § 10)

The notice shall include therein the following statement on the copy of the notice sent to the owner of the premises:

(SCC 0982 § 1, 1995; Ord. 20-2003 §§ 2, 4; Ord. 21-2003 §§ 2, 4)

Whenever the owner of the premises on which the vehicle(s) or parts thereof is located or the owner of the vehicle(s) or parts thereof requests a hearing (hereinafter called "requesting party"), the enforcement official shall issue a hearing notice to the requesting party allowing that party to appear before a hearing examiner to show cause why the vehicle(s) or parts thereof is not a public nuisance and should not be abated by the city. The hearing notice shall be served upon the requesting party either personally or by mailing a copy of such notice by certified mail, postage prepaid, return receipt requested, not less than five calendar days prior to the hearing date.

(SCC 0982 § 1, 1995; Ord. 20-2003 §§ 2, 4; Ord. 21-2003 §§ 2, 4; Ord. 50-2004 § 10)

At the time fixed in the notice required by RCMC § 16.18.605, the hearing examiner shall proceed to hear the testimony of the enforcement official, requesting party, and other competent persons regarding the condition of the vehicle(s) or parts thereof and other relevant facts concerning the matter.

(SCC 0982 § 1, 1995; Ord. 20-2003 §§ 2, 4; Ord. 21-2003 §§ 2, 4; Ord. 50-2004 § 10)

A. If it is shown by a preponderance of all the evidence that the condition of the vehicle(s) or parts thereof constitute a violation of this code, the decision of the hearing examiner shall be in writing and shall contain findings of fact and a determination of the issues presented. The hearing examiner shall issue an order that the vehicle(s) or parts thereof are a public nuisance and direct the owner to abate the nuisance, and that if the nuisance is not abated, it may be abated by the city in such manner as may be ordered by the enforcement official and the expense thereof may be made a lien on the property involved, unless the hearing examiner has found that the owner of the premises is not responsible for the presence of the vehicle(s) or parts thereof on his property. The order shall identify the abandoned, wrecked, dismantled or inoperative vehicle(s), or parts thereof, to be abated. The order shall require that abatement of the nuisance be physically completed five days after issuance of the order or, in the alternative, within such time as the enforcement official shall determine to be reasonable under all of the circumstances.

B. The decision shall also inform the requesting party that the time for judicial review is governed by Section 1094.6 of the California Code of Civil Procedure. Copies of the decision shall be forthwith delivered to the parties personally or sent to them by certified mail. The decision shall be final when signed by the hearing examiner and served as herein provided.

C. The decision shall state that the prevailing party may seek recovery of attorneys' fees.

(SCC 0982 § 1, 1995; SCC 1066 § 5, 1997; Ord. 20-2003 §§ 2, 4; Ord. 21-2003 §§ 2, 4; Ord. 50-2004 § 10)

In the event the enforcement official shall determine that the owner or person in possession of premises which have been declared a nuisance and ordered abated according to the provisions of this code, in whole or in part, because of the existence thereof of any abandoned, wrecked, dismantled, or inoperative vehicle, or parts thereof, has removed from said premises the vehicle or vehicles or parts thereof specifically identified and ordered abated by the enforcement official in his notice issued pursuant to RCMC § 16.18.605, and has caused or permitted another vehicle or other vehicles, or parts thereof, to replace those removed or ordered removed, the enforcement official shall:

A. Notify the owner of the premises that said act is in violation of the notice of the enforcement official, and order the owner to remove such vehicle(s) or parts thereof; and

B. Notify the city attorney of the violation. The city attorney shall have recourse to and is hereby authorized to use every remedy provided by law to prevent the owner of the premises from placing or causing to be placed upon the premises any abandoned, wrecked, dismantled or inoperative vehicle, or parts thereof. [Revised during 2008 codification; Ord. 50-2004 § 10; Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 0982 § 1, 1995].

The provisions of this article shall not apply to any vehicle(s) or parts thereof which:

A. 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. 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 junk yard, provided such business is not unsightly or otherwise detrimental to the public health, safety or welfare.

(SCC 0982 § 1, 1995; Ord. 20-2003 §§ 2, 4; Ord. 21-2003 §§ 2, 4)

No person shall abandon a vehicle upon public or private property without the express or implied consent of the owner or person in lawful possession or control of the property. Violation of this section shall be a misdemeanor.

(SCC 0982 § 1, 1995; Ord. 20-2003 §§ 2, 4; Ord. 21-2003 §§ 2, 4)

Notwithstanding any other provision of this code, the costs of abating any inoperative, dismantled or abandoned vehicle, or parts thereof, including the actual tow costs, attorneys' fees, plus an administrative fee covering direct and indirect overhead to be set by resolution of the city council, is the joint and several personal obligation of the property owner and the last registered owner; provided, however, that a property owner who establishes lack of responsibility for the presence of the vehicle or parts on the property as permitted by RCMC § 16.18.604 and § 16.18.607 shall not be personally liable for the costs; and provided, further, that a last registered owner who can satisfy the requirements of Section 22524(b) of the Vehicle Code shall not be personally liable for the costs. The director shall take the appropriate steps to collect the costs from those who are liable.

(SCC 0982 § 1, 1995; SCC 1066 § 6, 1997; Ord. 20-2003 §§ 2, 4; Ord. 21-2003 §§ 2, 4)