Sand City Municipal Code Art. II Repair of Vehicles on Residential Premises

In any area occupied for residential use, no one shall keep or maintain a motor vehicle or major part thereof at such place where such vehicle or part is within the view of or able to be seen by any person standing on a public street, or way or upon other private property, for a period of five consecutive days or longer, when such vehicle or part thereof is either under repair or is not mechanically or legally able to be driven on a public street.

(Ord. 68-55 §1)

In the event of violation hereof, such vehicle or part of vehicle shall be deemed to be a nuisance and may be removed and abated in the same manner as is provided for removal of abandoned vehicles on public or private property.

(Ord. 68-55 §2; Ord. 86-7 §7.0; Ord. 87-5 §1.0)

The Chief of Police shall give notice to the department of motor vehicles within five days after the date of removal, identifying the vehicle or part thereof and any evidence of registration, including, but not limited to, the registration card, certificates of ownership, or license plates.

(Ord. 68-55 §2(a); Ord. 86-7 §7.0; Ord. 87-5 §1.0)

This article does not apply to (1) 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; or (2) 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 a junkyard. This exception shall not, however, authorize the maintenance of a public or private nuisance as defined under provisions of law other than this article.

(Ord. 68-55 §2(b); Ord. 86-7 §7.0; Ord. 87-5 §1.0)

A. The Chief of Police shall issue not less than a 10 day notice of intention to abate and remove the vehicle or part thereof as a public nuisance, unless the property owner and the owner of the vehicle have signed releases authorizing removal waiving further interest in the vehicle or part thereof. However, the notice of intention 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 $200 by a person specified in Section 22855 of the Vehicle Code, and is determined by the Chief of Police 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. Prior to final disposition under Section 22662 of the Vehicle Code of such a low-valued vehicle or part for which evidence of registration was recovered pursuant to Section 10.16.040, the Chief of Police shall provide notice to the registered and legal owners of intent to dispose of the vehicle or part, and if the vehicle or part is not claimed and removed within 12 days after the notice is mailed, from a location specified in Section 22662 of the Vehicle Code, final disposition may proceed. No local agency or contractor thereof shall be liable for damage caused to a vehicle or part thereof by removal pursuant to this article.

B. This section applies only to inoperable vehicles located upon a parcel that is (1) zoned for agricultural use; or (2) not improved with a residential structure containing one or more dwelling units.

(Ord. 68-55 §2(c); Ord. 86-7 §7.0; Ord. 87-5 §1.0)

The 10 day notice of intention to abate and remove a vehicle or part thereof, when required by this article, shall contain a statement of the hearing rights of the owner of the property on which the vehicle is located and of the owner of the vehicle. The statement shall include notice to the property owner that he or she may appear in person at a hearing or may submit a sworn written statement denying responsibility for the presence of the vehicle on the land, with his or her reasons for such denial, in lieu of appearing. The notice of intention to abate 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 is in such condition that identification numbers are not available to determine ownership.

(Ord. 68-55 §2(d); Ord. 86-7 §7.0; Ord. 87-5 §1.0)

A public hearing shall be held before the City Council upon request for such a hearing by the owner of the vehicle or the owner of the land on which such vehicle is located. This request shall be made to the City within 10 days after the mailing of notice of intention to abate and remove the vehicle or at the time of signing a release pursuant to Section 10.16.060. If the owner of the land on which the vehicle is located submits a sworn written statement denying responsibility for the presence of the vehicle on his or her land within such time period, this statement shall be construed as a request for hearing which does not require the presence of the owner submitting such request. If such a request is not received within such period, the police chief shall have the authority to remove the vehicle.

(Ord. 68-55 §2(e); Ord. 86-7 §7.0; Ord. 87-5 §1.0; Ord. 17-04 §16)

After a vehicle has been 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 Section 5004 of the Vehicle Code, in which case the vehicle may be reconstructed or made operable.

(Ord. 68-55 §2(f); Ord. 86-7 §7.0; Ord. 87-5 §1.0)

The owner of the land on which the vehicle is located may appear in person at the hearing or present a sworn written statement denying responsibility for the presence of the vehicle on the land, with his or her reasons for such denial. If it is determined at the hearing that the vehicle was placed on the land without the consent of the landowner and that he or she has not subsequently acquiesced in its presence, then the City shall not assess costs of administration or removal of the vehicle against the property on which the vehicle is located or otherwise attempt to collect such cost from such owner.

(Ord. 68-55 §2(g); Ord. 86-7 §7.0; Ord. 87-5 §1.0)