Sanger Municipal Code § 70-196 Franchisee authorized to enter public and private property

Footnotes:

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Cross reference— Solid waste management, ch. 54.

State Law reference— Removal of abandoned, wrecked, etc., vehicles, Vehicle Code § 22660.

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

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, but does not include public property.

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.

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

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.

(Code 1960, § 1A.16(b))

Cross reference— Definitions and rules of construction generally, § 1-2.

In addition to and in accordance with the determination made and the authority granted by the state under Vehicle Code § 22660 to remove abandoned, wrecked, dismantled or inoperative vehicles, or parts thereof, as public nuisances, the city council hereby makes the following findings and declarations:

(1) 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:

a. Reduce the value of private property;

b. Promote blight and deterioration;

c. Invite plundering;

d. Create fire hazards;

e. Constitute an attractive nuisance creating a hazard to the health and safety of minors;

f. Create a harborage for rodents and insects; and

g. Be injurious to the health, safety and general welfare.

(2) Therefore, the presence of an abandoned, wrecked, dismantled or inoperative vehicle, or part 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.

(Code 1960, § 1A.16(a))

(a) This article shall not apply to:

(1) 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 or private property; or

(2) 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.

(b) Nothing in this section shall authorize the maintenance of a public or private nuisance as defined under provisions of law other than Vehicle Code § 22650 et seq. and this article.

(Code 1960, § 1A.17)

This article is not the 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.

(Code 1960, § 1A.18)

Except as otherwise provided in this article, the provisions of this article shall be administered and enforced by the chief of police. In the enforcement of this article the chief and his officers 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.

(Code 1960, § 1A.19)

Tow truck companies on the police department tow rotation list may enter upon private or public property to remove or cause the removal of vehicle(s) or parts thereof which have been declared to be a nuisance pursuant to this article, when requested by the police department to do so.

(Code 1960, § 1A.20; Ord. No. 926, § 1, 2-16-95)

The city council shall, from time to time, determine and fix by resolution an amount to be assessed as administrative costs under this article. The cost of administration may be set as a fixed sum per removal, or as a percentage of the actual cost of removal.

(Code 1960, § 1A.21)

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 chief of police shall have the authority to cause the abatement and removal thereof in accordance with the procedure prescribed in this article.

(Code 1960, § 1A.22)

A ten-day notice of intention to abate and remove the vehicle, or parts thereof, as a public nuisance shall be mailed by registered or certified 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 section _____ of Ordinance No. _____, 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 Ordinance No. _____.

You are hereby notified to abate said nuisance by the removal of said vehicle (or said parts of a vehicle) within ten 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 ten days after the mailing of this notice of intention, request a public hearing and if such a request is not received by the city manager within such ten-day period, the chief of police 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 ten-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 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 Section _____ of Ordinance No. _____, 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. _____.

You are hereby notified to abate said nuisance by the removal of said vehicle (or said parts of a vehicle) within ten 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 ten days after the mailing of this notice of intention, request a public hearing and if such a request is not received by the city manager within such ten-day period, the chief of police shall have the authority to abate and remove said vehicle (or said parts of a vehicle) without a hearing.

(Code 1960, § 1A.23)

(a) Upon request by the owner of the vehicle or owner of the land received by the city manager 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 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 costs of removal of the vehicle, or parts thereof, against the property on which it is located.

(b) 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, such 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 or certified 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 a hearing is not received within such 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.

(Code 1960, § 1A.24)

Notice of hearing shall also be given to the state highway patrol identifying the vehicle, or parts thereof, proposed for removal, such notice to be mailed at least ten days prior to the public hearing.

(Code 1960, § 1A.25)

(a) All hearings under this article shall be held before the city manager, who shall hear all facts and testimony he deems pertinent. Such 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 hearing officer shall not be limited by the technical rules of evidence. The owner of the land on which the vehicle is located 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.

(b) The hearing officer may impose such conditions and take such other action as he deems appropriate under the circumstances to carry out the purpose of this article. 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 hearing officer may find that a vehicle, or parts thereof, has been abandoned, wrecked, dismantled or is inoperative 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 costs of removal to be charged against the owner of the parcel of land on which the vehicle, or parts thereof, is located. 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.

(c) If it is determined at the hearing that the vehicle was placed on the land without the consent of the landowner and that he has not subsequently acquiesced in its presence, the hearing officer shall not assess 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 landowner.

(d) If an interested party makes a written presentation to the hearing officer but does not appear, he shall be notified in writing of the decision.

(Code 1960, § 1A.26)

(a) Any interested party may appeal the decision of the hearing officer by filing a written notice of appeal with the city council within five days after the hearing officer's decision.

(b) Such appeal shall be heard by the city council, which may affirm, amend or reverse the order, or take other action deemed appropriate.

(c) The clerk shall give written notice of the time and place of the hearing to the appellant and those persons specified in section 70-200.

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

(Code 1960, § 1A.27)

Five days after the adoption of the order declaring the vehicle, or parts thereof, to be a public nuisance, or five days from the date of mailing of notice if such notice is required by section 70-202, or 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 scrapyard or automobile dismantler's yard. After a vehicle has been removed it shall not thereafter be reconstructed or made operable.

(Code 1960, § 1A.28)

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 and the city's authorized auto dismantler any evidence of registration available, including registration certificates, certificates of title and license plates.

(Code 1960, § 1A.29)

If the administrative costs and the removal which are charged against the owner of a parcel of land pursuant to section 70-202 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 and shall be transmitted to the tax collector for collection. Such assessment shall have the same priority as other city taxes.

(Code 1960, § 1A.30)

It shall be unlawful and an infraction 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 or public property, not including highways, within the city for a period in excess of three 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.

(Code 1960, § 1A.31)