Chapter 6-4 — ABATEMENT OF ABANDONED VEHICLES

Article 1 Finding and Declaration, Definitions(Legislative History: Ordinance No. 93-010, 5/17/93)

The accumulation and storage of abandoned, wrecked, dismantled, or inoperative vehicles, or parts thereof on private property or public property including highways as defined in the California Vehicle Code is hereby found to create a condition tending to reduce the value of property, to promote blight and deterioration, to invite plundering, to create fire hazards, to constitute attractive nuisance creating hazards to the health, safety and welfare of minors, to create harborage for rodents and insects and to be injurious to the public health, safety and general welfare. Therefore, the presence of an abandoned, wrecked, dismantled or inoperative vehicle or part thereof on private property or public property including highways as defined in the California Vehicle Code is hereby declared to constitute a public nuisance which may be abated in accordance with the provisions of this Chapter.

The following definitions shall govern the construction of this Chapter:

Abandoned Vehicle. "Abandoned vehicle" means any vehicle which has been left on private
property or public property other than highways and in which the owner has no active interest
and no intent to again claim a right or interest or which has been removed for dismantling or
scrapping pursuant to California Vehicle Code § 22660.

Accumulation. "Accumulation" means the gathering together of vehicles or parts of vehicles in
quantities which are unreasonable in relation to uses permitted in the zoning district in which
such vehicles or parts of vehicles are gathered together.

Classic Vehicle. "Classic vehicle" means a vehicle which, because of a unique design feature,
scarcity of a particular model or other special significance, is sought after by collectors and is
generally recognized as having extraordinary value.

Collector's Vehicle. "Collector's vehicle" is

(1) a vehicle which qualifies for either horseless carriage license plates or historical vehicle
license plates pursuant to § 5004 of the Vehicle Code of the State of California.

(2) a motorcycle manufactured in the year 1942 or prior thereto;

(3) a classic vehicle.

Dismantled Vehicle. "Dismantled vehicle" means a vehicle from which an essential part of the
power train, a wheel or any part of the body has been removed.

Inoperative Vehicle. "Inoperative vehicle: means a vehicle in such condition that it either
physically or legally cannot be driven upon a street without:

(1) installation of a missing part;

(2) replacement of a defective part; or

(3) registration and licensing.

Storage. "Storage" means the keeping of one or more vehicles or one or more parts of vehicles
for a period of time which is unreasonable in relation to uses permitted in the zoning district in
which such vehicles or parts of vehicles are kept.

Wrecked Vehicle. "Wrecked vehicle" means a vehicle which has suffered physical damage to
the extent that it either physically or legally cannot be driven upon a street.

Article 2
General Provisions

This Chapter shall be administered by the City Manager, except that the removal of vehicles or parts thereof from property may be by any other duly authorized person. The City Manager or other duly authorized person may enter upon private or public property to examine a vehicle or part thereof, to obtain information as to the identity of a vehicle or part thereof and to remove or cause the removal of a vehicle or part thereof declared to be a public nuisance by or pursuant to this Chapter.

This Chapter shall not apply to:

(a) a vehicle or part 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 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 licensed junkyard;

(c) a vehicle or part thereof which is stored or parked in a lawful manner on private property where it is not visible from abutting streets other than freeways or from other public property; provided, however, that this exception shall not authorize the maintenance of a public or private nuisance as defined under provisions of law other than this Chapter or Chapter 10 of Division 11 of the Vehicle Code of the State of California.

For the purpose of this Chapter:

(a) storage of an abandoned, wrecked, dismantled, or inoperative collectors' vehicle or part
thereof for a period of no more than six consecutive months or for combined periods
totaling no more than 12 months during a period of 36 consecutive months, commencing
with the first day of such storage, shall not constitute keeping such vehicle or part thereof
for an unreasonable period of time or a public nuisance;

(b) storage of a vehicle or part thereof described in subdivision (a) for a period or periods in
excess of those described in subdivision (a) shall constitute keeping such vehicle or part
thereof for an unreasonable period of time and a public nuisance.

Article 3
Procedure

(a) A 10 days notice of intention to abate and remove a vehicle or part thereof as a public nuisance shall be mailed by registered or certified mail to the owner of the land as shown on the last equalized assessment roll and to the last registered and legal owners of record unless the vehicle or part thereof is in such condition that identification numbers are not available to determine ownership. No such notice shall be required if the property owner and the owner of the vehicle or part thereof have signed releases authorizing removal and waiving further interest in the vehicle or part thereof. Such notice shall contain a statement of the hearing rights of the owner of the property on which the vehicle or part thereof is located and the owner of the vehicle. The statement shall include notice to the property owner of his or her option under Section 6-4-315.

(b) Notice of intention to abate, as provided in subsection (a), 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, is valued at less than Two hundred dollars by a person specified in California Vehicle Code § 22855, and is determined by the City Manager to be a public nuisance presenting an immediate threat to public health or safety, provided that the property owner has signed a release authorizing removal and waiving further interest in the vehicle or part thereof. The City Manager shall not dispose of any such vehicle under California Vehicle Code § 22662 unless he or she shall have provided notice to the registered and legal owners of intent to dispose of the vehicle or part, and the vehicle or part is not claimed and removed within 12 days after the notice is mailed.

Upon request by the owner of the vehicle or part thereof or the owner of the land on which such vehicle or part thereof is located, delivered to the City Manager within 10 days after the mailing of notice of intention to abate and remove the vehicle or part thereof, a public hearing shall be held by the City Manager to determine whether the vehicle or part thereof shall be abated and removed as a public nuisance and whether the administrative costs and the costs of abatement and removal shall be assessed against the land.. A sworn written statement of the owner of the land denying responsibility for the presence of the vehicle or part thereof on his or her land shall be construed as a request for hearing.

The City Manager shall set a date for the public hearing and shall deliver notice thereof to the persons and in the manner specified in Section 6-4-300 not less than 10 days prior to such date.

The owner of the land on which the vehicle or part thereof is located may appear in person at the hearing or present a sworn written statement denying responsibility for the presence of the vehicle or part thereof on the land, with his or her reasons for such denial.

If it is determined at the hearing that the vehicle or part thereof was placed on the land without the consent of the landowner and that he or she has not subsequently acquiesced in its presence, the City Manager shall not assess costs of administration or abatement and removal against the land or otherwise attempt to collect such costs from such owner.

If releases have been signed pursuant to Section 6-4-300, or if a request pursuant to Section 6-4-305 is not received, or if the City Manager after hearing determines that the vehicle or part thereof constitutes a public nuisance, the City Manager or other duly authorized person shall abate and remove the vehicle or part thereof from the land in accordance with the provisions of California Vehicle Code §§ 22660 et seq., except as otherwise provided in Sections 6-4-330, 6-4-335 and 6-4-340. After a vehicle has been abated and removed, it shall not be reconstructed or made operable, unless it is a vehicle which qualifies for either horseless carriage license plates or historical vehicle license plates, pursuant to § 5004 of the Vehicle Code of the State of California, in which case the vehicle may be reconstructed or made operable.

The owner of the land upon which the vehicle or part thereof is located or the owner of the vehicle or part thereof may appeal the determination after hearing of the City Manager to the City Council by filing written notice thereof with the City Clerk within five days after having received notice of such determination from the City Manager. If such a notice is filed, the City Council shall hold a public hearing thereon.

The City Clerk shall set a date for the public hearing on appeal and shall deliver notice thereof to the persons and in the manner specified in Section 6-4-300 not less than five days prior to such date.

The City Council shall hold a public hearing de novo on the appeal. The City Council shall succeed to and may exercise all powers otherwise vested in the City Manager by this Chapter. The determination of the City Council shall be final.

Except as provided in Section 6-4-320, the costs of administration and removal may be assessed against the land from which the vehicle or part thereof was abated and removed, to be collected at the same time and in the same manner as ordinary City taxes are collected, and shall be subject to the same penalties and the same procedure and sale in case of delinquency as provided for ordinary City taxes. All laws applicable to the levy, collection and enforcement of City taxes shall be applicable to such assessment.

Within five days after abatement and removal, notice shall be given to the Department of

Motor Vehicles identifying the vehicle or part thereof. Any evidence of registration available, including, but not limited to, the registration card, certificates of ownership, and license plates, shall be transmitted together with such notice.

Article 4

Penal Provisions(Legislative History: Ordinance No. 77-26, 6/13/77; Ordinance No. 78-54, 11/ 6/78; Ordinance No. 82-084, 11/1/82; Ordinance No. 93-010, 5/17/93)

Any person who causes or permits the storage of an abandoned, wrecked, dismantled, or inoperative vehicle or part thereof on private or public property including highways as defined in the California Vehicle Code is guilty of an infraction.

Any person who fails or refuses to abate and remove an abandoned, wrecked, dismantled, or inoperative vehicle or part thereof from private property or public property including highways as defined in the California Vehicle Code, after having received notice pursuant to Section 6-4-300, is guilty of an infraction.

Any person who prevents or refuses to permit the entrance of the City Manager or other duly authorized person upon private property or public property, not including streets, to examine a vehicle or part thereof, to obtain information as to the identity of a vehicle or part thereof, or to remove or cause the removal of a vehicle or part thereof declared to be a public nuisance by or pursuant to this Chapter is guilty of an infraction.