Sacramento Municipal Code Art. I Special Procedure for Abatement of Certain Vehicles

A. The provisions of this chapter are intended to provide a procedure for the abatement of abandoned, wrecked, dismantled or inoperative vehicles, 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 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. (Prior code § 61.06.601)

The procedure specified in this chapter shall be used in the case of a nuisance which consists solely of abandoned, wrecked, dismantled or inoperative vehicle(s) or parts thereof. (Prior code § 61.06.602)

When the department head determines pursuant to his or her inspection conducted according to Section 8.04.050 of this title, 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) the department head 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 is 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 department head 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 city 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 department head, and that such action is to be completed within ten (10) days after the mailing of the notice;

5. A statement providing for a hearing by the hearing examiner upon written request to the department head by the owner of the premises on which the vehicle(s) or parts thereof is located or by the owner of the vehicle(s) or parts thereof within ten (10) days after the mailing of the notice;

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

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 department head 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 department head may provide additional notice by posting a copy thereof conspicuously on the vehicle(s) or parts to be abated. (Prior code § 61.06.603)

The notice shall include therein 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 herein, you may file with the hearing examiner a sworn written statement denying responsibility for the presence on your property of the vehicle(s) or parts thereof listed, 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 of the vehicle(s) or parts thereof is undertaken by the city.

You need not file a sworn statement if you intend to attend the hearing, 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 proceeding.

(Prior code § 61.06.604)

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 department head 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. (Prior code § 61.06.605)

At the time fixed in the notice required by Section 8.16.060 of this chapter, the hearing examiner shall proceed to hear the testimony of the department head, requesting party, and other competent persons requesting the condition of the vehicle(s) or parts thereof and other relevant facts concerning the matter. (Prior code § 61.06.606)

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 department head 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 department head 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 California Code of Civil Procedure Section 1094.6. 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. (Prior code § 61.06.607)

In the event the department head 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, has removed from said premises the vehicle or vehicles specifically identified and ordered abated by the department head in his or her notice issued pursuant to Section 8.16.030 of this chapter and has caused or permitted another vehicle or other vehicles to replace those removed or ordered removed, the department head shall:

A. Notify the owner of the premises that said act is in violation of the notice of the department head, 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 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. (Prior code § 61.06.608)

The provisions of this chapter 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 junkyard, provided such business is not unsightly or otherwise detrimental to the public health, safety or welfare. (Prior code § 61.06.609)

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, 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 Sections 8.16.040 and 8.16.070 of this chapter shall not be personally liable for the costs; and provided, further, that a last registered owner who can satisfy the requirements of Vehicle Code Section 22524(b) shall not be personally liable for the costs. The director shall take the appropriate steps to collect the costs from those who are liable. (Prior code § 61.06.611)