San Anselmo Municipal Code Art. 17 Removal of Abandoned, Wrecked, Dismantled, or Inoperative Vehicles From…

In addition to and in accordance with the determination made and the authority granted by the State pursuant to the provisions of Section 22660 of the Vehicle Code of the State to remove abandoned, wrecked, dismantled, or inoperative vehicles, or parts thereof, as public nuisances, the Council 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, not including highways, 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 part thereof, on private or public property, not including highways, except as expressly permitted by the provisions of this article, is hereby declared to constitute a public nuisance which may be abated as such in accordance with the provisions of this article.

As used in this article:

(a) "Vehicle" shall mean 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.

(b) "Highway" shall mean a way or place of whatever nature, publicly maintained and open to the use of the public for the purposes of vehicular travel. "Highway" shall include "street."

(c) "Public property" shall include "highway."

(d) "Owner of the land" shall mean the owner of the land on which the vehicle, or part(s) thereof, is located, as shown on the last equalized assessment roll.

(e) "Owner of the vehicle" shall mean the last registered owner and legal owner of record.

(f) "Inoperative vehicle" shall mean a vehicle that cannot be moved under its own power or vehicles not currently registered with the Department of Motor Vehicles excluding those vehicles that have been filed as a nonoperational status.

(§ 1, Ord. 559, eff. March 15, 1968, as amended by § 1, Ord. 616, eff. June 24, 1971, and § 1, Ord. 928, eff. May 14, 1992)

The provisions of this article shall not apply to:

(a) A vehicle, or part thereof, which is completely enclosed within a building in a lawful manner where such vehicle, or part thereof, is 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 junk dealer or when such storage or parking is necessary to the operation of a lawfully conducted business or commercial enterprise.

The provisions of this section shall not authorize the maintenance of a public or private nuisance as defined by provisions of law other than Chapter 10 (commencing with Section 22650) of Division 11 of the Vehicle Code of the State and this article.

(§ 1, Ord. 559, eff. March 15, 1968)

The provisions of this article shall not be the exclusive regulations of abandoned, wrecked, dismantled, or inoperative vehicles within the City. The provisions of this article shall supplement and be in addition to the other regulatory codes, statutes, and laws heretofore or hereafter enacted by the City, the State, or any other legal entity or agency having jurisdiction.

(§ 1, Ord. 559, eff. March 15, 1968)

Except as otherwise provided in this article, the provisions of this article shall be administered and enforced by the Chief of Police. In the enforcement of the provisions of this article, the Chief of Police and his deputies 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 part thereof, declared to be a nuisance by the provisions of this article.

(§ 1, Ord. 559, eff. March 15, 1968)

When the Council has contracted with or granted a franchise to any person, such person shall be 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 by the provisions of this article.

(§ 1, Ord. 559, eff. March 15, 1968)

The 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 part thereof) for the purposes of administering the provisions of this article.

(§ 1, Ord. 559, eff. March 15, 1968)

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 set forth in this article.

(§ 1, Ord. 559, eff. March 15, 1968, as amended by § 1, Ord. 616, eff. June 24, 1971)

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 mail to the owner of the land and to the owner of the vehicle, unless the vehicle is in such condition that the identification numbers of the vehicle 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 the 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 the provisions of Article 17 of Chapter 5 of Title 3 of the San Anselmo Municipal Code, has determined that there exists upon said land an (or parts of an) abandoned, wrecked, dismantled, or inoperative vehicle registered to ___________, license number ___________, which constitutes a public nuisance pursuant to the provisions of Section 3-5.1701 of the San Anselmo Municipal 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, 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 (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 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 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 _______s/_______

(date) (locally designated officer)

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 the 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 3-5.1701 of the San Anselmo Municipal 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 Article 17 of Chapter 5 of Title 3 of the San Anselmo Municipal 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 the mailing of this notice of intention, request a public hearing, and, if such a request is not received by the Chief of Police 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.

Notice Mailed _______s/_______

(date) (locally designated officer)

(§ 1, Ord. 559, eff. March 15, 1968, as amended by § 1, Ord. 616, eff. June 24, 1971)

Upon request by the owner of a 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 Traffic Sergeant, or his/her designee, 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 costs 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 his land within such ten (10) day period, such 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 (10) 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 such a request for a hearing is not received within ten (10) days after the mailing of the notice of intention to abate and remove, the Town shall have the authority to abate and remove the vehicle, or parts thereof, as a public nuisance without holding a public hearing.

(§ 1, Ord. 559, eff. March 15, 1968, as amended by § 1, Ord. 616, eff. June 24, 1971, and § 2, Ord. 1058, eff. September 28, 2007)

All hearings held pursuant to the provisions of this article shall be held before the Traffic Sergeant, or his/her designee, who shall hear all facts and testimony he/she 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 property or public property. The Traffic Sergeant, or his/her designee, 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/her reasons for such denial.

The Traffic Sergeant, or his/her designee, may impose such conditions and take such other action as he/she deems appropriate under the circumstances to carry out the purposes of this article. He/she may delay the time for removal of the vehicle, or parts thereof, if, in his/her opinion, the circumstances so justify. At the conclusion of the public hearing, the Traffic Sergeant, his/her designee, may find that a vehicle, or parts thereof, has been abandoned, wrecked, dismantled, or is inoperative on private or public property, order the same removed from the property as a public nuisance and disposed of as provided in this article, and determine the administrative costs and the costs 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 he has not subsequently acquiesced in its presence, the Traffic Sergeant, or his/her designee, 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 owner of the land.

If the owner of the land submits a sworn written statement denying responsibility for the presence of the vehicle on his/her land but does not appear, or if an interested person makes a written presentation to the Traffic Sergeant, or his/her designee, but does not appear, he/she shall be notified in writing of the decision.

(§ 1, Ord. 559, eff. March 15, 1968, as amended by § 1, Ord. 616, eff. June 24, 1971, and § 2, Ord. 1058, eff. September 28, 2007)

Any interested party may appeal the decision of the Traffic Sergeant, or his/her designee, by filing a written notice of appeal with the Chief of Police within five (5) days after his/her decision.

Such appeal shall be heard by the Council which may affirm, amend, or reverse the order or take other action deemed appropriate.

The City Clerk shall give written notice of the time and place of the hearing to the appellant and those persons specified in Section 3-5.1708 of this article.

In conducting the hearing, the Council shall not be limited by the technical rules of evidence.

(§ 1, Ord. 559, eff. March 15, 1968, as amended by § 1, Ord. 616, eff. June 24, 1971, and § 2, Ord. 1058, eff. September 28, 2007)

Five (5) days after the adoption of the order declaring the vehicle, or parts thereof, to be a public nuisance, or five (5) days from the date of mailing of the notice of the decision, if such notice is required by the provisions of Section 3-5.1710 of this article, the vehicle, or parts thereof, may be disposed of by removal to a scrapyard or automobile dismantler's yard. After a vehicle has been removed it shall not thereafter be reconstructed or made operable.

(§ 1, Ord. 559, eff. March 15, 1968, as renumbered by § 1, Ord. 616, eff. June 24, 1971)

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 of the state identifying the vehicle, or parts thereof, removed. At the same time there shall be submitted to the Department of Motor Vehicles any evidence of registration available, including registration certificates, certificates of title, and license plates according to the provisions of Section 22852 of the Vehicle Code. The Department of Justice shall be notified upon the removal of the vehicle according to the provisions of Section 22853 of the Vehicle Code.

(§ 1, Ord. 559, eff. March 15, 1968, as renumbered by § 1, Ord. 616, eff. June 24, 1971, as amended by § 1, Ord. 928, eff. May 14, 1992)

If the administrative costs and the costs of removal which are charged against the owner of the land pursuant to the provisions of Section 3-5.1710 of this article are not paid within thirty (30) days from 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 the provisions of Section 38773.5 of the Government Code of the State and shall be transmitted to the Tax Collector for collection. Such assessment shall have the same priority as other City taxes.

(§ 1, Ord. 559, eff. March 15, 1968, as renumbered by § 1, Ord. 616, eff. June 24, 1971)

(a) No person shall abandon a vehicle upon any highway.

(b) 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.

(c) No person shall abandon, park, store, or leave, or permit the abandonment, parking, storing, or leaving, of any licensed or unlicensed vehicle, or part(s) thereof, which is in an abandoned, wrecked, dismantled, or inoperative condition upon public or private property with the express or implied consent of the owner or person in lawful possession or control of the property in excess of three (3) days unless such vehicle, or part(s) thereof, is completely enclosed within a building in a lawful manner where such vehicle, or part(s) thereof, is not plainly visible from the street or other public or private property, or unless such vehicle 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 junk yard.

(d) Any person acting in violation of this section shall be guilty of an infraction and shall be punished by a fine not less than One Hundred and no/100ths ($100.00) Dollars and shall provide proof that the cost of removal and disposition of the vehicle have been paid. No part of any fine imposed shall be suspended.

(e) Proof that the cost of removal and disposition of the vehicle have been paid shall not be required if proof is provided to the court that the vehicle is stolen prior to the abandonment. That proof may consist of a police report or other evidence acceptable to the court.

(f) The costs required to be paid for the removal and disposition of any vehicle determined to be abandoned pursuant to Vehicle Code Section 22669 shall not exceed those of towing and seven (7) days of storage. This section does not apply if the registered owner or legal owner has completed and returned to the lien holder a "declaration of opposition" form within the time specified by Vehicle Code Section 22851.8.

(§ 1, Ord. 616, eff. June 24, 1971; repealed and reenacted by § 1, Ord. 928, eff. May 14, 1992)

(a) The abandonment of any vehicle in a manner as provided in Section 3-5.1715 shall constitute a prima facie presumption that the last registered owner of record is responsible for the abandonment and is thereby liable for the cost of removal and disposition of the vehicle.

(b) An owner who has made a bona fide sale or transfer of a vehicle and has delivered possession of the vehicle to a purchaser may overcome the presumption prescribed in subsection (a) of this section by demonstration that he or she has complied with Vehicle Code Section 5900 or by providing other satisfactory proof.

(§ 1, Ord. 928, eff. May 14, 1992)

It shall be unlawful 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 article or State law where such State law is applicable.

(§ 1, Ord. 616, eff. June 24, 1971; renumbered by § 1, Ord. 928, eff. May 14, 1992)