Redwood City Municipal Code Ch. 39 Abandoned Vehicles

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Editor's note— Ord. No. 1672, § 1, enacted May 17, 1976, amended this Code by adding Ch. 39, §§ 39.1—39.10.

In addition to and in accordance with the determination made and the authority granted by the State under section 22660 (as said section now exists, or from time to time may be amended) of the Vehicle Code to remove abandoned, wrecked, dismantled or inoperative vehicles or parts thereof as public nuisances, the Council of Redwood 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 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 parts thereof, on private or public property, 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 Chapter.

(Ord. No. 2059, § 2, 1-25-93)

For the purposes of this Chapter, the following words and phrases shall have the meanings respectively ascribed to them in this Section:

HIGHWAY: 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.

OWNER OF THE LAND: The owner of the land on which the vehicle, or parts thereof, is located, as shown on the last equalized assessment roll.

OWNER OF THE VEHICLE: The last registered owner and legal owner of record.

PUBLIC PROPERTY: 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. No. 1672, § 1, 5-17-76)

This Chapter does not apply to:

A. A vehicle, or parts thereof, which is, or are, completely enclosed within a building in a lawful manner and not visible from the street or other public or private property; or

B. A vehicle, or parts thereof, which is, or are, 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 public or private nuisance which is proscribed or which may be abated under provisions of law other than chapter 10 (commencing with section 22650) of division 11 of the Vehicle Code or this Chapter.

(Ord. No. 1672, § 1, 5-17-76)

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 and ordinances heretofore or hereafter enacted by the City, the State or any other legal entity or agency having jurisdiction.

(Ord. No. 1672, § 1, 5-17-76)

A. 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, police officers shall be, and are hereby authorized to enter upon private or public property to examine a vehicle or parts thereof, or to 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.

B. When the City Council has contracted with or granted a franchise to any person or persons to remove or cause the removal of a vehicle or parts thereof declared to be a nuisance pursuant to this Chapter, such person or persons shall be, and are hereby, authorized to enter upon private or public property to carry out the provisions of such contract or franchise.

C. The Chief of Police 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.

(Ord. No. 1672, § 1, 5-17-76)

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 herein.

(Ord. No. 1672, § 1, 5-17-76)

Not less than 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 or 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 Chapter 39 of the Redwood City Code has determined that there exists upon said land an abandoned, wrecked, dismantled or inoperative vehicle or parts of such vehicle, registered to ___________, license number _____, which constitutes a public nuisance pursuant to the provisions of Chapter 39 of the Redwood City Code.

You are hereby notified to abate said nuisance by the removal of said vehicle or parts of such vehicle within ten (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 and the costs thereof, together with administrative costs, assessed to you as owner of the land on which said vehicle or parts of such vehicle is, or are, located.

As owner of the land on which said vehicle or said parts of such vehicle is, or are, located, you are hereby notified that you may, within ten (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 of Redwood City within such ten (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 ten (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 by 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 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 39 of the Redwood City Code has determined that said vehicle exists or parts of such vehicle exist 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 39 of the Redwood City Code.

You are hereby notified to abate said nuisance by the removal of said vehicle or said parts of a vehicle within ten (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 ten (10) days after mailing of this notice of intention, request a public hearing and if such a request is not received by the Chief of Police of Redwood City within such ten (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.

(Ord. No. 1972, § 1, 5-17-76)

Upon request by the owner of the vehicle or owner of the land received by the Chief of Police within ten (10) days after the mailing of the notices of intention to abate and remove, a public hearing shall be held by the Chief of Police or his or her designee (hereinafter, hearing officer) 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.

If the owner of the land submits a sworn written statement denying responsibility for the presence of the vehicle on said owner's land within such ten (10) day period, said statement shall be construed as a request for a hearing which does not require said owner's presence. Notice of the hearing shall be mailed, by registered or certified 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 such condition that identification numbers are not available to determine ownership. If such a request for hearing is not received within said 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.

The hearing officer shall hear all facts and testimony he or she deems pertinent to the determination on the question of abatement and removal of the vehicle or parts thereof. In conducting the hearing, the hearing officer shall not be limited to the technical rules of evidence. The owner of the land may appear in person at the hearing or present a sworn written statement prior to the hearing containing a denial of responsibility for the presence of the vehicle on the land with reasons in support thereof.

The hearing officer may impose such conditions and take such other action as he or she deems appropriate under the circumstances to carry out the purpose of this Chapter. The hearing officer may delay the time of removal of the vehicle or parts thereof if, in the hearing officer's opinion, the circumstance justify it. At the conclusion of the public hearing, the hearing officer may find that a vehicle or parts thereof has or have been abandoned, wrecked, dismantled or is or are 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 amount of 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.

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 said owner has not subsequently acquiesced in its presence, the hearing officer 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 landowner.

If the owner of the land submits a sworn written statement denying responsibility for the presence of the vehicle or parts thereof on said owner's land but does not appear, or if an interested person makes a written presentation to the hearing officer but does not appear, said owner or person shall be notified in writing of the decision of the hearing officer.

(Ord. No. 1972, § 1, 5-17-76; Ord. No. 2006, § 1, 12-11-89)

Any interested person may appeal the order of the hearing officer to the City Manager by filing a written notice of appeal with City within fifteen (15) days of the date of the notice of decision. Such appeal shall be filed, processed and heard in accordance with the provisions of Chapter 1 of this Municipal Code.

(Ord. No. 1972, § 1, 5-17-76; Ord. No. 2006, § 2, 12-11-89)

(Ord. No. 2374, § 34, 1-9-12)

Within five (5) days after the date of removal of the vehicle or parts thereof, notice shall be given to the Department of Motor Vehicles and the Department of Justice identifying the vehicle or parts thereof removed. Concurrently there shall be transmitted to the Department of Motor Vehicles, with copies to the Department of Justice, any evidence of the vehicle's registration which may be available, including registration certificates, certificates of title and license plates.

If the administrative costs and the cost of removal which are charged against the owner of a parcel of land pursuant to this Chapter are not paid within thirty (30) days of the date of the order requiring removal, 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, or such other provision of law thereto pertaining, and shall be transmitted to the Tax Collector for collection. Said assessment shall have the same priority as other City taxes.

(Ord. No. 2059, § 3, 1-25-93)