Chapter 11.104

ABANDONED, DISMANTLED OR INOPERATIVE VEHICLES

Sections:

• 11.104.010 Abandoned or inoperative vehicles - Public nuisance.

• 11.104.020 Definitions.

• 11.104.030 Administration.

• 11.104.040 Exceptions.

• 11.104.050 Notice of violation (thirty-day grace period).

• 11.104.060 Removal - Notification of interested parties.

• 11.104.070 Notice - Right to disclaim responsibility.

• 11.104.080 Abatement hearing notice.

• 11.104.090 Abatement hearing.

Sections:

• 11.104.100 Form and content of decision.

• 11.104.110 Abatement - Assessment of costs.

• 11.104.120 Failure to request abatement hearing.

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11.104.130 Removal by authorized personnel only.

• 11.104.140 Removal and disposition of low-valued vehicles.

• 11.104.150 Abatement - Removal.

• 11.104.160 Abatement and removal - Notice to department of motor vehicles.

• 11.104.170 Property subject to inspection.

• 11.104.180 Entry for inspection authorized.

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§ 11.104.040

• A. The presence of abandoned, dismantled or inoperative vehicles, or parts thereof, on private property or public property, is declared to constitute a public nuisance which may be abated in accordance with the provisions of this chapter.

• B. No person shall maintain or keep an abandoned, dismantled or inoperative vehicle on his or her property or public property except in accordance with this chapter.

• (Ord. 24056.)

For the purpose of this chapter, the following words and phrases shall have the meanings set forth below:

• A. "Abandoned vehicle" means any vehicle, or part thereof, left parked, or standing, for thirty days on property other than that which is owned or leased by the vehicle owner.

• B. "Director" means the director of neighborhood preservation.

• C. "Dismantled vehicle" means a vehicle which lacks any part or equipment necessary to operate safely on the highways of the state.

• D. "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.

• E. "Inoperative vehicle" means a vehicle which cannot operate safely on the highways of the state.

  • F. "Property owner" means the owner of the real property on which the vehicle, or parts thereof, is located, as shown on the last equalized assessment roll.

  • G. "Vehicle owner" means the last registered owner or legal owner of record of a motor vehicle.

  • H. "Public property" does not include "highway."

• I. "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. 24056.)

• A. This chapter shall be administered by the director of neighborhood preservation.

• B. The director may, in the manner allowed by law, enter upon private or public property to inspect a vehicle, or part thereof, to obtain information as to the identity of and to remove or cause the removal of any vehicle or part thereof declared by the director to be a public nuisance pursuant to this chapter.

• (Ord. 24056.)

• A. This chapter shall not apply to the following:

  1. A vehicle, or part thereof, on private property 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; or

  2. A vehicle, or part thereof, which is parked in a lawful manner on private property in a fenced side or rear yard and is not visible from the street or other public or private property; or

  3. 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 or legally permitted

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§ 11.104.040

dismantler, vehicle dealer, junkyard, garage, parking lot, or motor vehicle repair shop.

• (Ord. 24056.)

• A. A notice of violation shall be issued by the director when the director determines upon investigation authorized by Section 11.104.030 of this chapter that a public nuisance exists on private property as defined in Section 11.104.010 A. of this chapter.

• B. A notice of violation shall be secured to the vehicle and a copy of the notice of violation shall be mailed by registered or certified mail, to the vehicle owner and the property owner. Notice may also be posted to the door of the house, apartment, building or other structure on the property where the vehicle is situated.

• C. If the violation is not corrected within thirty days from the date of mailing of the notice, the director may take further action to abate the public nuisance in accordance with this chapter.

• D. The procedure set out in Section 11.104.060 shall be used for motor vehicles located on public property in violation of this chapter in lieu of the procedure set out in this section.

• (Ord. 24056.)

• A. When the director determines after the end of the thirty-day grace period for voluntary compliance granted under Section 11.104.050 of this chapter that the conditions existing on public or private property still constitute a public nuisance as defined in Section 11.104.010 due to the continued presence of abandoned, dismantled or inoperative vehicles and parts thereof, then the director may do the following:

  1. Issue a ten-day notice of intention to abate and remove the vehicle or part

thereof as a public nuisance. This notice shall be directed to the property owner on which the vehicle or part thereof is located and, if known to be different, the owner of the vehicle or part thereof. This notice shall contain:

• a. The street address and such other description as is required to identify the land on which the vehicle or part thereof is located.

• b. A description of the vehicle or part thereof to be abated.

• c. A statement that the director has found the vehicle or part thereof to be a public nuisance as specified in this chapter, including sufficient detail to provide the owner with information as to the conditions constituting the alleged nuisance.

• d. A statement of the action required to be taken to abate the nuisance as determined by the director, and that such action is to be completed within ten days after the mailing of the notice.

• e. A statement providing for an abatement hearing before the appeals hearing board upon written request delivered to the director either by the property owner on which the vehicle or part thereof is located or by the vehicle owner, within ten days after the mailing of the notice.

• f. A statement that failure either to take the action required to abate the nuisance or to request an abatement hearing within the applicable ten-day period shall be deemed a waiver of the right to a hearing and that the director may then proceed to abate the nuisance and also to assess the costs of abatement against the property owner.

• g. A statement that the board will also determine, based upon all the evi-

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§ 11.104.090

dence presented at the hearing, which person, the property owner or vehicle owner, will bear the cost of administration and abatement of the nuisance.

2. The notice shall be sent by certified mail, postage prepaid, to the property owner as shown on the latest equalized assessment roll of the county of Santa Clara using the address shown by said assessment roll and to the last registered or legal owner of record of the vehicle, unless the vehicle or part thereof is in such condition that identification numbers are not readily visible to determine ownership.

3. The director shall also provide additional notice by posting a copy of the ten-day notice conspicuously on the vehicle or part to be abated.

• (Ord. 24056.)

The ten-day notice shall include a statement in substantially the following form on the copy of the notice sent to the property owner:

• A. You may file with the director of neighborhood preservation a written statement sworn to under penalty of perjury denying responsibility for the presence of the vehicle or part thereof listed herein on your property. This statement shall include the reasons for such denial.

• B. This statement shall be construed as a request for a hearing before the appeals hearing board to disclaim responsibility by you which you may, but need not, attend. In the alternative or in addition to the sworn statement, you may attend the hearing and provide relevant testimony or other evidence.

• C. This statement shall also be construed as your consent to authorize the city or au-

thorized personnel as described in Section 11.104.170 to enter onto your property and abate the public nuisance.

• (Ord. 24056.)

• A. Whenever the property owner or the vehicle owner requests a hearing within ten days of the date of mailing of the notice of intention to abate, the director shall issue a hearing notice to the requesting party allowing that party to appear before the appeals hearing board to show cause why the vehicle or part thereof is not a public nuisance and should not be abated by the city. The notice shall include the date, time and place of the hearing. The director shall schedule the hearing to be held within a reasonable period of time after receipt of a request for a hearing.

• B. The hearing notice shall be served upon the requesting party either personally or by mailing a copy of the notice by certified mail, postage prepaid, return receipt requested, not less than ten calendar days prior to the hearing date.

• C. Notice may also be provided to any person who has expressed to the director an interest in the abatement of the condition of the vehicle or part thereof and any other person asking for notice of the hearing, in the same manner as provided for the requesting party in subsection 11.104.080.B. above.

• (Ord. 24056.)

At the abatement hearing, the enforcing or investigating officer or employee, the requesting party, persons who have expressed an interest in the condition of the vehicle or part thereof, and any other person with relevant evidence shall be allowed to testify and present any other relevant evidence to the board. Strict rules of evidence shall not apply. Any relevant evidence shall be admitted if it

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is the sort of evidence on which responsible persons are accustomed to rely in the conduct of serious affairs.

(Ord. 24056.)

• A. The board's decision shall be based upon a preponderance of the evidence presented at the hearing.

• B. The board's decision shall be in writing and shall contain findings of fact and a determination of the issues presented.

• C. If the board finds that the preponderance of evidence proves the existence of a public nuisance in violation of this chapter, the board shall also make a finding, based upon the preponderance of the evidence, as to which party, the property owner or the vehicle owner, shall be held responsible for the cost of administration and abatement of the nuisance. A decision finding the existence of a public nuisance shall:

  1. Direct the responsible party to abate the nuisance within fifteen days of mailing of the decision to the responding party or, in the alternative, within such time as the board shall determine to be reasonable under the circumstances; and

2. Notify the responsible party that the city shall abate the nuisance if the responsible party does not do so by the end of the last day the board sets for compliance.

(Ord. 24056.)

• A. Costs of administration and abatement shall be assessed against the property owner if, based on all relevant evidence presented at the hearing, the board finds that the vehicle or part thereof was placed upon the property with the knowledge of the property owner or that the property owner has subsequently acquiesced in its presence.

• B. If the board determines that the costs of administration and abatement should be as-

sessed against the property owner, then the costs of administration and abatement will be assessed against the parcel of land from which the vehicle or part thereof was abated and removed, in accordance with the abatement cost recovery procedures set out in Part 4 of Chapter 17.02 of Title 17 of the San José Municipal Code.

• C. If the board determines that the costs of administration and abatement should not be assessed against the property owner, then the costs may be assessed against the vehicle owner, and the director or director of finance may take such action to recover the cost of administration and abatement of the nuisance as the city is authorized to do by law for the recovery of a civil debt.

• D. The city may recover the costs of any legal or administrative action it takes in order to recover its costs under this chapter from either the vehicle or the property owner or both.

• (Ord. 24056.)

If the property owner does not deliver a request for an abatement hearing to the director within ten days after the director mails the ten-day notice of intention to abate, then the notice of intention to abate shall become the final decision to abate and remove. The director shall have the authority to proceed to abate the public nuisance without an abatement hearing and to assess costs of administration and abatement against the property owner in accordance with Part 4 of Chapter 17.02 of the San José Municipal Code. (Ord. 24056.)

• A. The director may enter into an agreement with any person or persons for the purpose of removing or causing the removal of an abandoned, dismantled or inoperative vehicle or part thereof under the provisions of this chapter.

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§ 11.104.180

• B. The city or its agent shall be authorized to enter upon private property or public property to remove or cause the removal of an abandoned, dismantled or inoperative vehicle or part thereof declared to be a public nuisance pursuant to this chapter.

• C. All entrances upon private and public property for removal of said nuisance shall occur in full compliance with local, state and federal law.

  • D. If the vehicle or part thereof is not claimed and removed within twelve days after the notice is mailed from a disposal site as specified in California Vehicle Code Section 22662, final disposition may proceed.

  • E. Evidence of registration as referred to in subsection 11.104.140.C. above shall include the registration card, certificate of ownership or license plates.

  • (Ord. 24056.)

• (Ord. 24056.)

• A. This section applies only to inoperable vehicles located upon a parcel that is:

  1. Zoned for agricultural use pursuant to Part 1 of Chapter 20.20; or

  2. Not improved with a residential structure containing one or more dwelling units.

• B. Without using the advance notice and hearing procedure set out in Sections 11.104.050 through 11.104.100, the director may cause to be removed any vehicle or part thereof which meets the following criteria:

  1. It is inoperable due to the absence of a motor, transmission or wheels and incapable of being towed;

  2. It is valued at less than two hundred dollars by a person specified as an appraiser under California Vehicle Code Section 22855;

  3. It is determined by the director to be a public nuisance presenting an immediate threat to public health or safety; and

  4. The property owner has signed a release authorizing removal and waiving further interest in the vehicle or part thereof.

• C. Prior to final disposition of the vehicle or part removed pursuant to this section, for which evidence of registration was recovered, the director shall provide notice to the registered and legal owners of intent to dispose of the vehicle or part thereof.

• A. If a timely request for hearing pursuant to Section 11.104.060.A.1.e. is not received or if the appeals hearing board after a public hearing so orders, the director shall abate and remove and dispose of the vehicle and/or part thereof.

• B. The city and any contractor with which the city has an agreement to remove vehicles under this chapter shall not be liable for any damage caused to the vehicle or part thereof removed pursuant to this chapter.

• (Ord. 24056.)

Within five days after abatement and removal, notice shall be given to the California Department of Motor Vehicles identifying the vehicle or part thereof. Any evidence of registration available including, but not limited to, registration certificates, certificates of title and license plates, shall be transmitted together with such notice. (Ord. 24056.)

Property is subject to inspection in accordance with the provisions of Section 17.02.030. (Ord. 24056.)

• A. Entry for inspection is authorized in accordance with the provisions of Section 17.02.040.

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§ 11.104.180

• B. All inspections upon private and public property for the purpose of enforcing this chapter shall be in full compliance with local, state and federal laws.

• (Ord. 24056.)

No person shall obstruct, impede or interfere with any person who is engaged in abatement actions performed pursuant to this chapter or who is directing or performing any act necessary or incidental to such abatement including, but not limited to, any inspections taken as part of an investigation into the existence of or enforcement action taken to abate a public nuisance under this chapter, and any sign or posting used by the director as part of any abatement actions taken under this chapter. (Ord. 24056.)

Any party required to take abatement action pursuant to this Code may apply to the director for an extension of time in order to comply. The director may grant an extension of time, if the director, at his or her discretion, determines that such an extension of time is reasonable under the circumstances. The director may require a written agreement by such person that the order will be complied with, as a condition for such extension. The extension of time to complete an abatement action will not extend the time for any hearing hereunder unless the director expressly so states. (Ord. 24056.)

suit by the city or by the owner or occupant of any property, adversely by any violation or threatened violation of the provisions of this chapter.

• (Ord. 24056.)

The provisions of this chapter do not in any way preclude the director from taking summary abatement action pursuant to the provisions of Chapter 17.02 with regard to an abandoned, dismantled or inoperative vehicle or part thereof when such vehicle or part thereof constitutes an imminent danger to the life, health or safety of members of the public.

(Ord. 24056.)