Rohnert Park Municipal Code Ch. 10.84 Special Abatement Procedures for Inoperative, Wrecked or Abandoned…

A. The provisions of this chapter are intended to provide a procedure for the abatement of nuisances consisting of abandoned, wrecked, dismantled or inoperative vehicles, and are enacted under the authority of Section 22660 of the State 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.

(Ord. 656 § 1 (part), 2000)

When the chief of public safety or his designee determines that there exists on private property abandoned, wrecked, dismantled or inoperative vehicles, the chief of public safety or his designee may do the following:

A. Issue a notice of intention to abate and remove the vehicles or parts thereof as a public nuisance, directed to the owner of the premises on which the vehicles or parts thereof are located and the owner of the vehicles or parts there of unless the property owner and the owner of the vehicle have signed releases authorizing removal and waiving further interest in the vehicle 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 vehicles or parts thereof are located;

2. The identity of the vehicles or parts thereof to be abated;

3. A statement that the vehicles or parts thereof are a public nuisance;

4. A statement of the action required to be taken and that such action is to be completed within ten days after the mailing of the notice;

5. A statement providing for a hearing by the hearing officer appointed pursuant to Section 1.26.030 of this code upon written request by the owner of the premises on which the vehicles are located or by the owner of the vehicles within ten days after the mailing of the notice.

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 and to the last registered and legal owner of record unless the vehicles or parts thereof are in such condition that identification numbers are not available to determine ownership.

C. A notice of intention to abate is not required for removal of a vehicle or part thereof which is inoperable due to the absence of a motor, transmission, or wheels and incapable of being towed, from a parcel that is zoned for agricultural use or not improved with a residential structure, if the vehicle or part is valued at less than two hundred dollars by a person specified in Vehicle Code Section 22855, and is determined by the chief of public safety to be a public nuisance presenting an immediate threat to public health and safety, provided further that the property owner has signed a release authorizing removal and waiving further interest in the vehicle or part thereof. Prior to final disposition under Vehicle Code Section 22662 of such a low-valued vehicle or part for which evidence of registration was recovered, notice shall be given by the chief of public safety to the registered and legal owners of intent to dispose of the vehicle or part, and if the vehicle or part is then not claimed or removed within twelve days after the notice is mailed, disposition may proceed.

(Ord. 656 § 1 (part), 2000)

(Ord. No. 852, § G, 12-11-2012)

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

As to any vehicle(s) or parts thereof listed on this notice, you may file with the Chief of Public Safety a sworn written statement denying responsibility for the presence on your property of the vehicle(s) or parts thereof, together with your reasons for such denial.

This statement shall be construed as a request for a hearing by you which you need not attend. At the hearing, your statement will be considered by the hearing examiner in determining whether the cost of removing said vehicle(s), or parts thereof will be assessed against your property as a lien in the event that removal is undertaken by the city.

You need not file a sworn statement if you or the vehicle owner have requested a hearing at which you will appear, but you may do so if you wish.

Such sworn statement will be considered only as to vehicle(s) or parts thereof, and will not be considered as to the existence of any other condition on your property which may be found to constitute a nuisance in this or any other proceedings.

(Ord. 656 § 1 (part), 2000)

Whenever the owner of the premises on which the vehicles or parts thereof are located or the owner of the vehicles or parts thereof requests a hearing (the "requesting party"), the chief of public safety shall issue a hearing notice to the requesting party allowing that party to appear before a hearing examiner to show cause why the vehicles or parts thereof are 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.

(Ord. 656 § 1 (part), 2000)

At the time fixed in the notice required by Section 10.84.040, the hearing examiner shall proceed to hear the testimony of the chief of public safety and the testimony of the requesting part and other persons respecting the condition of the vehicles or parts thereof and other relevant facts concerning the matter.

(Ord. 656 § 1 (part), 2000)

A. If it is shown by a preponderance of all the evidence that the condition of the vehicles or parts thereof constitutes a violation of this Code, the hearing examiner may issue an order which affirms the determination that the vehicles or parts thereof are a public nuisance and directs the owner to abate the nuisance and which notifies him that if the nuisance is not so abated, it may be abated by the city and the cost thereof may be made on the premises involved. The order shall identify the abandoned, wrecked, dismantled or inoperative vehicles or parts thereof to be abated and shall require that abatement of the nuisance be physically completed within five days after issuance of the order, or in the alternative, within such time as is considered reasonable under the circumstances.

B. If the owner of the premises appears in person at the hearing or files a sworn written statement to deny responsibility for the presence on his property of the vehicles or parts thereof, the determination of the hearing examiner on this issue shall be included in the decision and order and sent to the owner.

(Ord. 656 § 1 (part), 2000)

The requesting party may appeal the decision of the hearing examiner by filing with the city clerk within five days after the date of the order a request that the matter be set for an appeal hearing by the city council.

(Ord. 656 § 1 (part), 2000)

The requesting party who objects or feels aggrieved at any proceedings taken by the city council in sustaining or modifying a decision of the hearing examiner must bring an action in a court of competent jurisdiction within thirty days after the action by the city council in such matter.

(Ord. 656 § 1 (part), 2000)

The chief of public safety shall provide written notice to the California Department of Transportation within five days after abatement by the city of a vehicle pursuant to Section 10.84.070.

(Ord. 656 § 1 (part), 2000)

The provisions of this chapter shall not apply to any vehicle 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 junkyard; provided, that such business is not unsightly or otherwise detrimental to the public health, safety and welfare.

(Ord. 656 § 1 (part), 2000)

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 as provided in Vehicle Code Section 22523.

(Ord. 656 § 1 (part), 2000)