Chapter 12.32 — ABANDONED AND WRECKED VEHICLES

Vehicles Declared

Nuisances.

In addition to and in accordance with the determination made and the authority granted by the State of California under Section 22660 of the Vehicle Code to remove abandoned wrecked, dismantled, or inoperative vehicles or parts thereof as public nuisances, the City Council hereby makes the following findings and declarations:

(a)

The abandoned vehicle abatement committee is hereby created. It shall consist of the members of the Traffic Commission. The City Council shall provide for clerical or secretarial assistance for the hearing board.

(b)

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 parts thereof, on private or public property not including highways, except as expressly hereinafter permitted, is hereby declared to constitute a public nuisance which may be abated as such in accordance with the provisions of this article.

(Ord. No. 2024-1544, § 2(Exh. A), 7-23-2024)

As used in this article:

(a)

The term 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.

(b)

The term 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."

(c)

The term public property does not include "highway."

(d)

The term owner of the land means the owner of the land on which the vehicle or parts thereof is located as shown on the last equalized assessment roll.

(e)

The term owner of the vehicle means the last registered owner and legal owner of record.

(Ord. No. 2024-1544, § 2(Exh. A), 7-23-2024)

This article 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 property; or

(b)

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 such storage or parking is necessary to the operation of a lawfully conducted business or commercial enterprise.

Nothing in this section shall authorize the maintenance of a public or private nuisance as defined under provisions of law.

(Ord. No. 2024-1544, § 2(Exh. A), 7-23-2024)

This article is not exclusive regulation of abandoned, wrecked, dismantled, or inoperative vehicles within the City. It shall supplement and be in addition to the other regulatory codes, statutes, and ordinances heretofore or hereafter enacted by the City, the State, or any other legal entity or agency having jurisdiction.

(Ord. No. 2024-1544, § 2(Exh. A), 7-23-2024)

Except as otherwise provided herein, the provisions of this article shall be administered and enforced by the City Manager. In the enforcement of this article, such officer and their 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 parts thereof), declared to be a nuisance pursuant to this article.

(Ord. No. 2024-1544, § 2(Exh. A), 7-23-2024)

When the City Council has contracted with or granted a franchise to any person or persons, such 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 article.

(Ord. No. 2024-1544, § 2(Exh. A), 7-23-2024)

The City staff 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 parts thereof) under this article.

(Ord. No. 2024-1544, § 2(Exh. A), 7-23-2024)

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 City Manager shall have the authority to cause the abatement and removal thereof in accordance with the procedure prescribed herein.

(Ord. No. 2024-1544, § 2(Exh. A), 7-23-2024)

After issuance of a ten-day notice of intention to abate and remove the vehicle or parts thereof on private property or public property within the City, the City Manager shall have the authority to cause the abatement and removal thereof in accordance with the procedure prescribed herein. 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 such condition that identification numbers are not available to determine ownership. The notices of intention shall be in substantially the following form:

(a)

Name and address of owner of the land:

NOTICE OF INTENTION TO ABATE AND REMOVE ABANDONED, WRECKED, DISMANTLED, OR INOPERATIVE VEHICLE OR PARTS THEREOF AS A PUBLIC NUISANCE

As owner shown on the last equalized assessment roll of the land located at (address), you are hereby notified that the undersigned pursuant to Ordinance No. 80-536 has determined that there exists upon said land an (or parts of an) abandoned, wrecked, dismantled or inoperative vehicle registered to , which constitutes a public nuisance pursuant to the provisions of Ordinance 80- 536.

You are hereby notified to abate said nuisance by the removal of said vehicle (or said parts of a vehicle) within 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 10 days after the mailing of this notice of intention, request a public hearing and if such a request is not received by the hearing body or officer within such 10-day period, the locally designated officer 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 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 not be construed as a request for 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.

(b)

Name and address of last registered and/or legal owner of record of vehicle; notice should be given to both if different:

NOTICE OF INTENTION TO ABATE AND REMOVE AN ABANDONED, WRECKED, DISMANTLED OR INOPERATIVE VEHICLE OR PARTS THEREOF AS A PUBLIC NUISANCE

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 Ordinance No. 80-536 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 Ordinance No. 80-536.

You are hereby notified to abate said nuisance by the removal of said vehicle (or said parts of a vehicle) within 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 10 days after the mailing of the Notice of Intention, request a public hearing and if such a request is not received by the hearing body or officer within such 10-day period, the locally designated officer shall have the authority to abate and remove said vehicle (or said parts of a vehicle) without a hearing.

SAN MARCOS CODE.

Notice mailed: _______/s/ _____ locally designated officer

(Ord. No. 2024-1544, § 2(Exh. A), 7-23-2024)

Upon request by the owner of the vehicle or owner of the land, received by the City Clerk within ten days after the mailing of the notices of intention to abate and remove, a public hearing shall be held by the Abandoned Vehicle Abatement Committee 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.

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-day period, said 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 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 hearing is not received within said 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.

(Ord. No. 2024-1544, § 2(Exh. A), 7-23-2024)

All hearings under this article shall be held before the Abandoned Vehicle Abatement Committee, which shall hear all facts and testimony on the condition of the vehicle or parts thereof and the circumstances concerning its location on the said private property or public property. The hearing of the Abandoned Vehicle Abatement Committee 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 reasons for such denial.

The hearing of the Abandoned Vehicle Abatement Committee or officer may impose such conditions and take such other action as they deem appropriate under the circumstances to carry out the purpose of this article. 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 Abandoned Vehicle Abatement Committee officer may find that such vehicle or parts thereof has been abandoned, wrecked, dismantled or is inoperative on private or public property as a public nuisance and shall be 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.

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 they are not subsequently acquiesced in its presence, the City Manager shall not assess the costs of administration or removal of the vehicles 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 land but does not appear, or if an interested party makes a written presentation to the abandoned vehicle abatement committee officer but does not appear, they shall be notified in writing of the decision.

(Ord. No. 2024-1544, § 2(Exh. A), 7-23-2024)

Any interested party may appeal the decision of the Abandoned Vehicle Abatement Committee officer by filing a written notice of appeal with the City Clerk within five days after its decision.

Such appeal shall be heard by the City 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 12.32.090.

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

(Ord. No. 2024-1544, § 2(Exh. A), 7-23-2024)

Five days after adoption of the order declaring the vehicle or parts thereof to be a public nuisance, five days from the date of mailing of notice of the decision if such notice is required by Section 12.32.110 or 15 days after such action of the governing body authorizing removal following appeal, the vehicle or parts thereof may be disposed of by removal to a scrap yard or automobile dismantler's yard. After a vehicle has been removed, it shall not thereafter be reconstructed or made operable.

(Ord. No. 2024-1544, § 2(Exh. A), 7-23-2024)

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.

(Ord. No. 2024-1544, § 2(Exh. A), 7-23-2024)

If the administrative costs and the cost of removal which are charged against the owner of a parcel of land pursuant to Section 12.32.110 are not paid within 30 days of 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 Section 38773.5 of the Government Code and shall be transmitted to the tax collector for collection. Said assessment shall have the same priority as other City taxes.

(Ord. No. 2024-1544, § 2(Exh. A), 7-23-2024)

It shall be unlawful and an infraction in accordance with the provisions of Section 1.12.010 for any person to abandon, park, store or leave or permit the abandonment, parking, storing or leaving of any licensed or unlicensed vehicle or parts thereof which is in an abandoned, wrecked, dismantled or inoperative condition upon any private property not including highways within the City for a period in excess of five days unless such vehicle or parts thereof is completely enclosed within a building in a lawful manner where it 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 junkyard.

(Ord. No. 99-1053, 2-1-99; Ord. No. 2024-1544, § 2(Exh. A), 7-23-2024)

It shall be unlawful and a misdemeanor in accordance with the provisions of Section 1.12.010 for any person to fail or refuse to remove an abandoned, wrecked, dismantled or inoperative vehicle or parts thereof or 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.

(Ord. No. 2024-1544, § 2(Exh. A), 7-23-2024; Amend. of 2-5-2025(1))