San Joaquin Municipal Code Ch. 72 Abandoned Vehicles

(A) 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, 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.

(B) Therefore, it is unlawful for the owner or person in control of any private or public property other than a highway to keep or allow to remain on the property an abandoned, wrecked, dismantled or inoperative vehicle or parts thereof except as expressly hereinafter permitted in this chapter, and the presence of an abandoned, wrecked, dismantled or inoperative vehicle or parts thereof, on private or public property not including highways, except as expressly hereinafter permitted, is declared to constitute a public nuisance which may be abated in accordance with the provisions of this chapter.

(1994 Code, § 10.16.010) Penalty, see § 10.99

For the purpose of this chapter, the following definitions apply unless the context clearly indicates or requires a different meaning.

HIGHWAY.

(1) A way or place of whatever nature, publicly maintained and open to the use of the public for purposes of vehicular travel.

(2) 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.

(1994 Code, § 10.16.020)

This chapter shall not apply to:

(A) A vehicle, or parts thereof, which is completely enclosed within a building in a lawful manner where it is not visible from the street or other public or private property;

(B) A vehicle, or parts thereof, which is completely enclosed within a solid fence five feet or greater in height in a lawful manner where it is not visible from the street or other public or private property; or

(C) A vehicle, or parts 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, a junk dealer or when the storage or parking is necessary to the operation of a lawfully conducted business or commercial enterprise.

(1994 Code, § 10.16.030)

(A) Except as otherwise provided herein, the provisions of this chapter shall be administered by the Code Enforcement Officer.

(B) As used in this chapter, CODE ENFORCEMENT OFFICER shall mean a regularly salaried full-time employee city holding the position and title with the city, the Chief of Police or his or her deputies, or the City Manager.

(C) In the enforcement of this chapter, the Code Enforcement Officer or any other person authorized by him or her 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 parts thereof declared to be a nuisance pursuant to this chapter.

(1994 Code, § 10.16.040) (Ord. 97-100, passed 2-25-1997)

When the City Council has contracted with any person or persons, the person or persons 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 pursuant to this chapter.

(1994 Code, § 10.16.050)

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 Code Enforcement Officer shall have the authority to cause the abatement and removal thereof in accordance with the procedure prescribed in this Chapter.

(1994 Code, § 10.16.060) (Ord. 97-100, passed 2-25-1997)

(A) A ten-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 the condition that identification numbers are not available to determine ownership.

(B) The notices of intention shall be in substantially the following forms:

(1994 Code, § 10.16.070) (Ord. 97-100, passed 2-25-1997)

(A) Upon request by the owner of the vehicle or owner of the land received by the Chief of Police within ten days after the mailing of the notices of intention to abate and remove, a public hearing shall be held by the City Council 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.

(B) If the owner of the land submits a sworn written statement denying responsibility for the presence of the vehicle on his or her land within the ten-day period, the statement shall be construed as a request for a hearing which does not require his or her presence. Notice of the hearing shall be mailed, by registered mail, at least ten days before the hearing to the owner of the land and to the owner of the vehicle, unless the vehicle is in the condition that identification numbers are not available to determine ownership. If the request for hearing is not received within ten 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.

(1994 Code, § 10.16.080)

(A) (1) All hearings under this chapter shall be held before the City Council which shall hear all facts and testimony it deems pertinent. The facts and testimony may include testimony on the condition of the vehicle or parts thereof and the circumstances concerning its location on the private property or public property. The City Council shall not be limited by the technical rules of evidence.

(2) 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 or her reasons for the denial.

(B) The City Council may impose the conditions and take other actions as it deems appropriate under the circumstances to carry out the purpose of this chapter. It may delay the time for removal of the vehicle or parts thereof if, in its opinion, the circumstances justify it. At the conclusion of the public hearing, the City Council may find that a vehicle or parts thereof has been abandoned, wrecked, dismantled or is 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 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.

(C) 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 or she has not subsequently acquiesced in its presence, the City Council shall not assess the costs of removal of the vehicle against the property upon which the vehicle is located or otherwise attempt to collect the costs from the owner of the land.

(D) If the owner of the land submits a sworn written statement denying responsibility for the presence of the vehicle on his or her land, but does not appear, or if an interested party makes a written presentation to the City Council, but does not appear, he or she shall be notified in writing of the decision.

(1994 Code, § 10.16.090)

Five days after adoption of the order declaring the vehicle or parts thereof to be a public nuisance or five days from the date of mailing of notice of the decision if the notice is required by § 72.08, 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 be reconstructed or made operable, unless it is a vehicle that qualifies for either horseless carriage license plates or historical vehicle license plates, pursuant to Cal. Vehicle Code § 5004 of the, in which case the vehicle may be reconstructed or made operable.

(1994 Code, § 10.16.100) (Ord. 97-100, passed 2-25-1997)

Within five days after the date of removal of the vehicle or parts thereof, notice shall be given to the Department of Motor Vehicles identifying the vehicle or parts thereof removed. At the same time, there shall be transmitted to the Department of Motor Vehicles any evidence of registration available, including registration certificates, certificates of title and license plates.

(1994 Code, § 10.16.110)

If the costs of removal which are charged against the owner of a parcel of land pursuant to § 72.08 are not paid within 30 days of the date of the order, or the final disposition of an appeal therefrom, costs shall be assessed against the parcel of land pursuant to Cal. Code § 38773.5 and shall be transmitted to the Tax Collector for collection. The assessment shall have the same priority as other city taxes.

(1994 Code, § 10.16.120)