San Rafael Municipal Code Ch. 11.38 Abandoned Vehicles

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 San Rafael city council 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 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, except as expressly hereinafter permitted, is declared to constitute a public nuisance which may be abated as such in accordance with the provisions of this chapter.

(Ord. 1621 § 1 (part), 1992: Ord. 1137 § 1 (part), 1974).

As used in this chapter, unless different meaning is apparent from the context or specified elsewhere in the code, the following terms shall have the following meanings:

A. "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. "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. "Public property" includes "highway."

D. "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. "Owner of the vehicle" means the last registered owner and legal owner of record.

(Ord. 1621 § 1 (part), 1992: Ord. 1137 § 1 (part), 1974).

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 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;

C. A vehicle, or parts thereof, which is located behind a solid fence six feet (6′) in height or which is not plainly visible from a highway;

D. Nothing in this section shall authorize the maintenance of a public or private nuisance as defined under provisions of law other than Chapter 10 (commencing with Section 22650) of Division 11 of the Vehicle Code and this chapter.

(Ord. 1137 § 1 (part), 1974).

This chapter is not the exclusive regulation of abandoned, wrecked, dismantled or inoperative vehicles within the unincorporated area of 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. 1137 § 1 (part), 1974).

Except as otherwise provided herein, the provisions of this chapter shall be administered and enforced by the code enforcement officer and/or any designated police department employee. In the enforcement of this chapter such officer 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 parts thereof) declared to be a nuisance pursuant to this chapter.

(Ord. 1621 § 1 (part), 1992: Ord. 1257 § 1 (part), 1977: Ord. 1137 § 1 (part), 1974).

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 chapter.

(Ord. 1137 § 1 (part), 1974).

The city 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 parts thereof) under this chapter.

(Ord. 1137 § 1 (part), 1974).

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 herein.

(Ord. 1257 § 1 (part), 1977: Ord. 1137 § 1 (part), 1974).

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 identification numbers 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 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 Chapter 11.38 of the Municipal Code of the City of San Rafael 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 Chapter 11.38 of the San Rafael Municipal Code.

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 Code Enforcement Officer within such 10 day period, the Code Enforcement 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 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.

Notice Mailed_____(s)_____

(date) 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 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 Chapter 11.38 of the San Rafael 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 Chapter 11.38 of the San Rafael Municipal Code.

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 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 this notice of intention, request a public hearing, and if such a request is not received by the Code Enforcement Officer within such 10-day period, the Code Enforcement Officer shall have the authority to abate and remove said vehicle (or said parts of a vehicle) without a hearing.

Notice Mailed_____(s)_____

(date) (Ord. 1257 § 1 (part), 1977: Ord. 1137 § 1 (part), 1974).

Upon request by the owner of the vehicle or owner of the land received by the code enforcement officer within ten days after the mailing of the notices of intention to abate and remove, a public hearing shall be held by the city manager, or his designated representative, 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, the 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 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. 1257 § 1 (part), 1977: Ord. 1137 § 1 (part), 1974).

All hearings under this chapter shall be held before the city manager or his designated representative, who shall hear all facts and testimony he 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 manager, or his designated representative 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 city manager, or his designated representative, may impose such conditions and take such other action as he deems appropriate under the circumstances to carry out the purposes of this chapter. He may delay the time for removal of the vehicle, or parts thereof, if in his opinion the circumstances justify it. At the conclusion of the public hearing, the city manager or his designated representative may find that a vehicle, or parts thereof, has been abandoned, wrecked, dismantled or is inoperable 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 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 city manager, or his designated representative, 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 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 city manger, or his designated representative but does not appear, he shall be notified in writing of the decision.

(Ord. 1137 § 1 (part), 1974).

Any interested party may appeal the decision of the city manager, or his designated representative by filing a written notice of appeal with the city manager, or his designated representative, within five (5) days after his 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 clerk shall give written notice of the time and place of the hearing to the appellant and those persons specified in Section 11.38.090 above.

In conducting the hearing the city council shall not be limited by the technical rules of evidence.

(Ord. 1137 § 1 (part), 1974).

Five (5) days after 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 notice of the decision if such notice is required by Section 11.38.110, or fifteen (15) days after such action of the city council authorizing removal following appeal, the vehicle or parts thereof may be disposed of by removal to a scrap yard or automobile dismantler's year. After a vehicle has been removed it shall not thereafter be reconstructed or made operable.

(Ord. 1137 § 1 (part), 1974).

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 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 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 22523 of the Vehicle Code.

(Ord. 1621 § 1 (part), 1992: Ord. 1137 § 1 (part), 1974).

If the administrative costs and the costs of removal which are charged against the owner of a parcel of land pursuant to Section 11.38.110 are not paid within thirty (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 25845 of the Government Code and shall be transmitted to the tax collector for collection. The assessment shall have the same priority as other city taxes.

(Ord. 1137 § 1 (part), 1974).

(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) Any person convicted of a violation of this section shall be punished by a fine of not less than one hundred dollars ($100.00) and shall provide proof that the costs of removal and disposition of the vehicle have been paid. No part of any fine imposed shall be suspended. The fine may be paid in installments if the court determines that the defendant is unable to pay the entire amount in one payment.

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

(E) The costs required to be paid for the removal and disposition of any vehicle determined to be abandoned pursuant to Section 22669 shall not exceed those for towing and seven (7) days of storage. This subdivision 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 in Section 22851.8 CVC.

(Ord. 1621 § 1 (part), 1992).

(A) The abandonment of any vehicle in a manner as provided in Section 11.38.060 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 demonstrating that he or she has complied with Section 5900 of the Vehicle Code or providing other proof satisfactory to the court.

(Ord. 1621 § 1 (part), 1992).