Redding Municipal Code Ch. 9.08 Abandoned Vehicles

In addition to and in accordance with the determination made and the authority granted with and 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 hereby makes the following findings and declarations:

A. The accumulation and storage of abandoned, wrecked, dismantled, or inoperative vehicles or parts thereof on private or public property 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 parts thereof on public or private property, except as expressly permitted in this chapter, is declared to constitute a public nuisance which may be abated as such in accordance with the provisions of this chapter.

B. As used in this chapter the following words shall have the following definitions:

1. "Board of Appeals" means the board established pursuant to Section 204 of the Uniform Building Code, 1991 Edition, incorporated by reference into this code under Section 16.08.020.

2. "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.

3. "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.

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

5. "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.

6. "Police chief" means the chief of police of the city, or his or her designated representative or representatives.

(Ord. 2020 § 1(A), 1992: prior code § 15-35)

A. This chapter shall not apply to the following:

1. A vehicle, or parts 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;

2. A vehicle, or parts thereof, which is located behind a solid fence six feet in height or which is not plainly visible from a highway.

3. A vehicle, or parts thereof, which is stored or parked in a lawful manner on private property in connection with the business of a licensed dismantler, licensed vehicle in connection with the business of a licensed dismantler, licensed vehicle dealer, or a junkyard. This exception shall not, however, authorize the maintenance of a public or private nuisance as otherwise provided by law.

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 of the state and this chapter.

(Ord. 2020 § 1 (B), 1992: Ord. 1567 § 1, 1981)

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.

(Prior code § 15-37)

Except as otherwise provided in this chapter, the provisions of this chapter shall be administered and enforced by the police chief. In the enforcement of this chapter, the police chief 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 parts thereof, declared to be a nuisance pursuant to this chapter.

(Ord. 2020 § 1 (C), 1992: prior 15-38)

When the city council has contracted with or granted a franchise to any person, the person is 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.

(Prior code § 15-39)

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

(Prior code § 15-40)

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 police chief shall have the authority to cause the abatement and removal thereof in accordance with the procedure prescribed in this chapter.

(Ord. 2020 § 1 (D), 1992: prior code § 15-41)

A ten-day notice of intent to abate and remove the vehicle, or parts thereof, as a public nuisance, shall be mailed by certified 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 Section 9.08.040 of the Redding City Code has determined that there exists upon said land an (or parts of an) abandoned, wrecked, dismantled or inoperative vehicle registered to (name), license (number), which constitutes a public nuisance pursuant to the provisions of Chapter 9.08 of the Redding City Code.

"You are hereby notified to abate said nuisance by the removal of said vehicle (or said parts of a vehicle) within ten 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 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 notified that you may, within ten days after the mailing of this notice of intention, request a public hearing, and if such a request is not received within such ten day period by the Board of Appeals, c/o the City Attorney, 760 Parkview Avenue, Redding, California, 96001, the Police Chief 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 ten 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 a 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) . . . . .

s/

Police Chief"

"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 Section 9.08.040 of the Redding 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 9.08 of the Redding City Code.

"You are hereby notified to abate said nuisance by the removal of said vehicle (or said parts of a vehicle) within ten 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 ten days after the mailing of this notice of intention, request a public hearing and if such a request is not received within such ten day period by the Board of Appeals, c/o City Attorney, 760 Parkview Avenue, Redding, California, 96001, the Police Chief shall have the authority to abate, and remove said vehicle (or said parts of a vehicle) without a hearing.

Notice mailed . . . . . (date) . . . . .

s/

Police Chief"

(Ord. 2020 § 1 (E), 1992: prior code § 15-42)

A. Upon request by the owner of the vehicle or owner of the land received by the board of appeals within ten days after the mailing of the notice of intention to abate and remove, a public hearing shall be held by the board of appeals 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.

B. If the owner of the land submits a sworn written statement denying responsibility for the presence of the vehicle on his land within the 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 identification numbers are not available to determine ownership. If a request for hearing is not received within 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.

(Prior code § 15-43)

A. All hearings under this chapter shall be held before the board of appeals, which shall hear all facts and testimony it deems pertinent. Such facts and testimony may include testimony on the condition of the vehicle or parts thereof and the circumstances concerning its location on private or public property. The board of appeals 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.

B. The board of appeals 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 parts thereof if, in its opinion, the circumstances justify it. At the conclusion of the public hearing, the board may find that a vehicle or parts thereof has been abandoned, wrecked, dismantled, or is inoperative on private or public property and order it removed from the property as a public nuisance and disposed of as provided in this chapter 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 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 owner of the land and that he has not subsequently acquiesced in its presence, the board 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 the owner of the land.

D. 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 board but does not appear, he shall be notified in writing of the decision.

(Prior code § 15-44)

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

B. The appeal shall be heard by the city council, which may affirm, amend or reverse the order or take other action deemed appropriate.

C. The city clerk shall give written notice of the time and place of the hearing to the appellant and those persons specified in Section 9.08.080.

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

(Prior code § 15-45)

Five days after adoption of the order declaring the vehicle, or parts thereof, to be a public nuisance or five days from the date of mailing of notice of the decision, if the notice is required by section 9.08.100, the vehicle, or parts thereof, may be disposed of by removal to a scrapyard or automobile dismantler's yard. If the board of appeals determines that commercial channels of disposition are not available or are inadequate, the vehicle may be disposed of by removal to any suitable site operated by the county or the city. The board of appeals may make final disposition of the vehicle, or parts thereof, or may transfer the vehicle or parts to another; provided, that such disposal is only for scrap. After the vehicle has been removed, it shall not thereafter be reconstructed or made operable.

(Prior code § 15-46)

Within five days after the date of removal of the vehicle or parts thereof, notice shall be given to the department of motor vehicles identifying the vehicle or parts thereof removed. At the same time there shall be transmitted to the department of motor vehicles any evidence of registration available, including registration certificates, certificates of title and license plates.

(Prior code § 15-47)

If the administrative costs and the cost of removal which are charged against the owner of a parcel of land pursuant to Section 9.08.100 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 of the state and shall be transmitted to the tax collector of the county, acting for the city, for collection. Such assessment shall have the same priority as other city taxes.

(Prior code § 15-48)

It is unlawful and a misdemeanor for any person to fail or refuse to remove an abandoned, wrecked, dismantled or inoperative vehicle or parts thereof or refuse to abate such nuisance when ordered to do so in accordance with the abatement provisions of this chapter or state law where the state law is applicable.

(Prior code § 15-49)

A vehicle which has been removed shall not 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 Section 5004 of the California Vehicle Code, in which case the vehicle may be reconstructed or made operable.

(Ord. 2020 § 1 (F), 1992)