Rocklin Municipal Code Ch. 8.08 Nuisance Vehicles

As used in this chapter:

A. "Abatement officer" means the chief of police or designee.

B. "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.

C. "Public property" does not include "highway" except in Section 8.08.040(A).

D. "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. 863 § 1 (part), 2002).

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. 863 § 1 (part), 2002).

In addition to and in accordance with the determination made and the authority granted by the state under Section 22660, et seq., of the Vehicle Code to remove abandoned, wrecked, dismantled or inoperative vehicles or parts thereof as a public nuisance, the council 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 found to create a condition tending to reduce the value of private property, to promote blight and deterioration, to invite plundering, and promote criminal activities, 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 excepted from this chapter, is declared to constitute a public nuisance which may be abated as such in accordance with the provisions of this chapter.

(Ord. 863 § 1 (part), 2002).

This chapter shall not apply to:

A. A vehicle or part thereof which is completely enclosed within a building in a lawful manner or where it is otherwise 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, or junkyard.

These exceptions shall not, however, authorize the maintenance of a public or private nuisance as defined under provisions of law other than this chapter.

(Ord. 863 § 1 (part), 2002).

Except as otherwise provided in this chapter, the provisions of this chapter shall be administered and enforced by the abatement officer. In the enforcement of this chapter, the abatement officer may enter upon private or public property to examine a vehicle or part thereof, to obtain information as to the identity of a vehicle believed to be a nuisance pursuant to this chapter and to remove or cause the removal of a vehicle or part thereof declared to be a nuisance pursuant to this chapter.

(Ord. 863 § 1 (part), 2002).

A. Whenever the abatement officer determines that an abandoned, wrecked, dismantled, or inoperable vehicle, or part thereof, is present on private or public property, except as expressly excepted from this chapter, he shall cause a notice of intention to abate and remove the vehicle or part thereof as a public nuisance pursuant to this chapter to be mailed at least ten days prior to such removal by certified mail to (1) the owner of the property as shown on the last equalized assessment roll and (2) to the last registered and legal owner of record of the vehicle, unless the vehicle is in such condition that identification numbers are not available to determine ownership.

B. Mailed notice of intention to abate is not required if both the property owner and the owner of the vehicle have signed releases authorizing removal and waiving further interest in the vehicle or part thereof.

C. The notice shall advise the owner of the property and the owner of the vehicle that if the nuisance is not abated within ten days of the date of the notice, the city will abate the nuisance by causing the vehicle to be removed and disposed of as described in this Chapter 8.08, and the cost of abatement will be assessed against the property and will constitute a lien upon such property until paid.

D. The notice shall contain a statement of the hearing rights of the owner of the property and of the owner of the vehicle, including notice to the property owner that he may appear in person at a hearing or, in lieu of appearing, may submit a sworn written statement denying responsibility for the presence of the vehicle on the land, with his reasons for such denial.

(Ord. 863 § 1 (part), 2002).

A. Upon the request of the owner of the vehicle or the owner of the land on which the vehicle or part thereof is located, a public hearing shall be held on the question of abatement, removal, and disposition of the vehicle or part thereof.

B. The request for public hearing shall be made to the clerk in writing within ten days after the mailing of the notice of intention to abate and remove the vehicle.

C. If the owner of the land on which the vehicle is located submits a sworn written statement within the time for filing a request for a hearing denying responsibility for the presence of the vehicle on his land under Section 8.08.060(D), this statement shall be construed as a request for hearing which does not require the presence of the owner submitting the request.

D. Upon receiving a timely request for hearing pursuant this Section 8.08.070, the clerk shall schedule the public hearing and shall serve notice of the hearing upon the owner of the vehicle and the owner of the property on which the vehicle or part thereof is located in accordance with the provisions of Section 8.08.060(A). Notice of the hearing shall be served no less than seven days prior to the time fixed for the hearing.

(Ord. 863 § 1 (part), 2002).

The hearing shall be held before the abatement officer. If a sworn statement by the property owner has been submitted under Section 8.08.070(C), the hearing does not require the presence of the requesting owner.

(Ord. 863 § 1 (part), 2002).

(Ord. No. 1100, § 3, 8-14-2018)

At the conclusion of the hearing, if the abatement officer finds that the vehicle or part hereof has been abandoned, wrecked, dismantled or is inoperative on private or public property, the abatement officer shall prepare written findings and an order directing the same removed as a public nuisance and disposed of in accordance with this chapter. The order shall state the time within which the abatement shall be completed. The abatement officer may impose such conditions and take such other action as it deems appropriate. The order for removal and disposal shall include a description of the vehicle or part thereof and the identification number and license number of the vehicle, if available. The written findings and order shall be served on all parties making an appearance at the hearing (either in person or by written presentation) in accordance with the provisions of Section 8.08.060(A).

(Ord. 863 § 1 (part), 2002).

Any interested person who was present at the hearing or who submitted a sworn written statement to the abatement officer may appeal the abatement officer's findings and order as set forth in Chapter 8.01 of this title.

(Ord. 863 § 1 (part), 2002).

(Ord. No. 1100, § 3, 8-14-2018)

Editor's note— Ord. No. 1100, § 3, adopted Aug. 14, 2018, changed the title of § 8.08.100 from "Appeal to council—Decision—Limitation on filing judicial action" to read as herein set out.

A. If abatement of a vehicle found to be a nuisance under this chapter is not accomplished as ordered, the abatement officer shall cause the same to be abated by city employees or private contract.

B. If neither the vehicle owner nor the property owner requests a hearing within ten days of the mailing of the notice of intention to abate and remove the vehicle, the vehicle or part thereof may be abated, removed and disposed of without a hearing.

(Ord. 863 § 1 (part), 2002).

The cost of abatement shall be billed to the owner of the vehicle and, except as provided in Section 8.08.160, the owner of the property on which the vehicle or part thereof was located and shall become due and payable thirty days thereafter. Cost of abatement shall include, but not be limited to, all personnel costs, both direct and indirect; costs incurred in documenting the nuisance; the actual costs and expenses of the city in determining vehicle and property ownership and noticing and conducting hearings and letting and administering contracts and inspecting the work; and the costs of printing and mailing required by this chapter.

(Ord. 863 § 1 (part), 2002).

A. Vehicles or parts thereof may be disposed of by removal to a scrapyard, junkyard, or any other suitable site as determined by the city. Such disposition shall be in accordance with Section 8.08.140.

B. The city may contract with or grant a franchise to any person for the removal of vehicles under this chapter. Such person shall be authorized to enter upon private or public property to remove or cause the removal of a vehicle or part thereof declared to be a nuisance to be abated pursuant to this chapter.

(Ord. 863 § 1 (part), 2002).

No vehicle removed from property under this chapter shall 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 Vehicle Code of the state of California. Any vehicle which qualifies for either of the above-mentioned license plates may be reconstructed or made operable.

(Ord. 863 § 1 (part), 2002).

Within five days of the removal of any vehicle or part thereof, the abatement officer notice shall be given to the Department of Motor Vehicles of the state of California identifying the vehicle or part thereof. Any evidence of registration available including, but not limited to, registration cards, certificates of ownership and license plates, shall also be transmitted to the Department of Motor Vehicles.

(Ord. 863 § 1 (part), 2002).

If it is determined at the hearing that the vehicle was placed on the land without the consent of the landowner and that the landowner had not subsequently acquiesced in its presence, the cost of abatement, together with administrative costs (including attorneys fees), shall not be assessed against the property or no other attempt to collect such costs from the landowner shall be made by the city.

(Ord. 863 § 1 (part), 2002).

The cost of abatement may be assessed against the property on which the vehicle or part thereof was located, and become a lien thereon, in accordance with the provisions of Chapter 1.16 of the Rocklin Municipal Code.

(Ord. 863 § 1 (part), 2002).

(Ord. No. 1100, § 3, 8-14-2018)

Failure of any person to receive any notice required by this chapter or Chapter 1.16 of the Rocklin Municipal Code shall not affect the validity of any proceeding under this chapter.

(Ord. 863 § 1 (part), 2002).

(Ord. No. 1100, § 3, 8-14-2018)

A. 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 to refuse to abate such nuisance when ordered to do so in accordance with the abatement provisions of this chapter or state law where such state law is applicable.

B. Any person who removes or defaces any notice or order posted as required by this chapter is guilty of an infraction.

C. No person shall obstruct, impede or interfere with any representative of the city or with any person who owns or holds any estate or interest in the vehicle, or the property on which the vehicle or part thereof is located, which has been ordered to be abated and removed whenever any such representative of the city or person is engaged in abating and removing any such vehicle pursuant to the provisions of this chapter or in performing any necessary act preliminary to or incidental to such work as authorized or directed pursuant to the provisions of this chapter.

(Ord. 863 § 1 (part), 2002).