Saratoga Municipal Code Art. 9-55 Abandoned, Wrecked, Dismantled, Inoperative, or Unlawfully Stored…

In addition to and in accordance with this legislative determination made by the City Council and the authority granted by the State pursuant to Section 22660 of the Vehicle Code, the City Council hereby authorizes the removal of abandoned, wrecked, dismantled, inoperative, or unlawfully stored vehicles, trailers or boats, or parts thereof, as public nuisances. The City Council hereby makes the following findings and declarations: the accumulation and storage of abandoned, wrecked, dismantled, inoperative or unlawfully stored vehicles, trailers or boats, 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 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, inoperative or unlawfully stored vehicle, trailer or boat, or parts thereof, on private or public property, except as expressly permitted by the provisions of this Code (including but not limited to Sections 15-12.160, 15-13.160, 15-17.060, and 15-80.060), is hereby declared to constitute a public nuisance which may be abated as such in accordance with the provisions of this Article.

(Amended by Ord. 224 § 2 (part), 2003)

(a) The provisions of this Article shall not apply to:

(1) A vehicle, trailer or boat, or parts thereof, which is completely fenced or enclosed within a building in a lawful manner where the vehicle, trailer or boat, or parts thereof, is not visible from the street or other public or private property; or

(2) A vehicle, trailer or boat, 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, or junk dealer or when such storage or parking is necessary to the operation of a lawfully conducted business or commercial enterprise.

(b) No exemption provided in subsection (a) above shall apply to any portion of any site if that site is: (1) zoned for agricultural use ("A" or "APOS") or (2) not improved with a residential structure containing one or more dwelling units.

(c) The provisions of this Article shall apply in the absence of an exemption under subsection (a) above, and no notice of intention to abate and remove pursuant to Section 9-55.080 shall be required:

(1) where the owner of the land and the owner (both registered and legal) of the vehicle, trailer or boat, or parts thereof, have signed releases authorizing removal and waiving further interest in the vehicle, trailer or boat or parts thereof; or

(2) for removal of a low-valued boat, trailer or inoperative motor vehicle, or part thereof, that: (A) is inoperative due to the absence of a motor, transmission, or wheels; (B) is incapable of being towed; (C) is valued at less than two hundred dollars by a person specified in California Vehicle Code Section 22855; and (D) 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, trailer or boat, or part thereof. Final disposition of such a low- valued vehicle, trailer or boat, or part thereof, shall be pursuant to or consistent with California Vehicle Code Section 22662. If evidence of registration has been recovered, the City shall provide notice to the registered and legal owners of intent to dispose of the vehicle, trailer or boat, or part thereof, prior to final disposition, and if the vehicle, trailer or boat, or part thereof, is not claimed and removed from the location specified in the notice within twelve days after the notice is mailed, final disposition may proceed. Neither the City nor any City contractor shall be liable for damage caused to a vehicle, boat, trailer, or part thereof, by removal pursuant to this subsection.

(d) The provisions of this Section shall not 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 Article.

(Amended by Ord. 224 § 2 (part), 2003)

The provisions of this Article shall not be the exclusive regulation of abandoned, wrecked, dismantled, or inoperative vehicles or of trailers or boats within the City. The provisions of this Article shall supplement and be in addition to any other regulatory codes, statutes, and laws heretofore or hereafter enacted by the City, the State or any other legal entity or agency having jurisdiction.

(Amended by Ord. 224 § 2 (part), 2003)

The administration of this Article shall be by regularly salaried full-time employees of the City or any other lawfully authorized person or agency, except that the removal of vehicles, trailers or boats, or parts thereof from property may be by any other duly authorized person (including but not limited to a person to whom the City has issued a contract or franchise for such purpose). Additionally, any peace officer, as that term is defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code, or any other employee of the state, county, or city designated by the City Council to perform this function, in the territorial limits in which the officer or employee is authorized to act, who has reasonable grounds to believe that a vehicle has been abandoned, as determined pursuant to Section 22523 of the California Vehicle Code, may remove the vehicle from a highway or from public or private property. Except as otherwise provided in this Article, it shall be the duty of all police officers and Community Service Officers appointed for such purpose, all deputies of the County Sheriff performing police services in the City, the City Manager, the Community Development Director, and the Public Works Director to enforce the provisions of this Article.

(Amended by Ord. 224 § 2 (part), 2003)

All persons having authority to enforce this Article, as described in Section 9-55.040, and the authorized representatives of such persons, and any person acting pursuant to a contract or franchise granted by the City Council, may enter upon private or public property to examine, inspect or investigate a vehicle, trailer or boat, or parts thereof, or to obtain information as to the identity of the owner of such vehicle, trailer or boat, and to cause the removal of such vehicle, trailer or boat, or parts thereof, declared to be a nuisance pursuant to this Article. However, with respect to entry on private property, no such entry shall occur in the absence of the consent of the owner and tenant without the written order of a court of competent jurisdiction where required by law.

(Amended by Ord. 224 § 2 (part), 2003)

The City Council shall from time to time establish by resolution an amount to be assessed as administrative costs, excluding the actual cost of the removal of any vehicle, trailer or boat, or parts thereof, for the purposes of administering the provisions of this Article.

(Amended by Ord. 71-169 § 1 (part), 1997; Ord. 224 § 2 (part), 2003)

Upon discovering the existence of an abandoned, wrecked, dismantled, inoperative or unlawfully stored vehicle, trailer or boat, or parts thereof, on private or public property within the City, any person having authority to enforce this Article may cause the abatement and removal (including by towing) thereof in accordance with the procedure set forth in this Article. However, if such abatement and removal requires entry on private property, no such entry shall occur in the absence of the consent of the owner and tenant without the written order of a court of competent jurisdiction where required by law.

(Amended by Ord. 224 § 2 (part), 2003)

Unless exempted under Section 9-55.020, not less than a ten day notice of intention to abate and remove a vehicle, trailer or boat, or parts 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 registered and legal owner(s) of the vehicle, trailer or boat as shown on the appropriate State registration (if any), unless the vehicle, trailer or boat is in such condition that identification numbers are not available to determine ownership. Such notices of intention shall be substantially the following forms:

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

___________ (Name and address of the owner of the land)

As owner shown on the last equalized assessment roll of the land located at ___________, you are hereby notified that the undersigned, pursuant to the provisions of Article 9-55 of Chapter 9 of the Saratoga City Code, has determined that there exists upon said land an abandoned, wrecked, dismantled, inoperative, or unlawfully stored vehicle, trailer or boat, or parts thereof, registered to ___________, license or registration number _______, showing _______ as the legal owner, which constitutes a public nuisance.

You are hereby notified to abate said nuisance by the removal of said vehicle, trailer or boat (or parts thereof) within ten (10) days after the date of the mailing of this notice, and, upon your failure to do so, the same will be abated and removed by the City of Saratoga and the costs thereof, together with administrative costs, shall be assessed to you as owner of the land on which said vehicle, trailer or boat (or parts thereof) is located.

As owner of the land on which said vehicle, trailer or boat (or parts thereof) is located, you are hereby notified that you may, within ten (10) days after the mailing of this notice of intention, request a hearing, and, if such a request is not received by the City Clerk of the City of Saratoga within such ten (10) day period, the City of Saratoga shall have the authority to abate and remove said vehicle, trailer or boat (or parts thereof) as a public nuisance and assess the costs as aforesaid without a hearing.

You may submit a sworn written statement within such ten (10) day period denying responsibility for the presence of said vehicle, trailer or boat (or parts thereof) on said land, with your reasons for denial, in lieu of appearing, and such statement shall be construed as a request for a hearing at which your presence is not required. If you timely request a hearing, you may appear in person at any hearing requested by you or by the registered or legal owner of the vehicle, trailer or boat or, in lieu thereof, you may present a sworn written statement as aforesaid in time for consideration at such hearing.

Notice mailed________ (date) ___________ (Title of City Official sending the notice)

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

___________ (Name and address of the last registered and/or legal owner of record of the vehicle, trailer or boat; notice should be given to both if different)

As last registered (and/or legal) owner of record of the following described vehicle, trailer or boat (make, model and license number), you are hereby notified that the undersigned, pursuant to the provisions of Article 9-55 of Chapter 9 of the Saratoga City Code, has determined that said vehicle, trailer or boat (or parts thereof) exists as an abandoned, wrecked, dismantled, or inoperative vehicle, trailer or boat at (address of the property on which the vehicle, trailer or boat is located) and constitutes a public nuisance.

You are hereby notified to abate said nuisance by the removal of said vehicle, trailer or boat (or parts thereof) within ten (10) days after the date of the mailing of this notice.

As last registered (and/or legal) owner of record of said vehicle, trailer or boat (or parts thereof), you are hereby notified that you may, within ten (10) days after the mailing of this notice of intention, request a hearing, and, if such a request is not received by the City Clerk of the City of Saratoga within such ten (10) day period, the City of Saratoga shall have the authority to abate and remove said vehicle, trailer or boat (or parts thereof) as a public nuisance without a hearing.

Notice mailed________ (date) ___________ (Title of City Official sending the notice)

(Amended by Ord. 224 § 2 (part), 2003)

(a) If a request for hearing is made by the owner of the vehicle, trailer or boat, or part thereof, or the owner of the land within ten days after the mailing of the notices of intention to abate and remove, a hearing shall be held by the Hearing Officer established pursuant to City Code Section 3-15.070 on the question of the abatement and removal of the vehicle, trailer or boat, or parts thereof, as an abandoned, wrecked, dismantled, inoperative, or unlawfully stored vehicle, trailer or boat, and the assessment of the administrative costs and the costs of the removal of the vehicle, trailer or boat, or parts thereof, against the property on which the vehicle, trailer or boat, or parts thereof, is located.

(b) If the owner of the land submits a sworn written statement within such ten day period denying responsibility for the presence of the vehicle, trailer or boat, or parts thereof, on his land, such statement shall be construed as a request for a hearing which does not require his presence. Notice of the hearing shall be mailed at least ten days before the hearing to the owner of the land and to the owner of the vehicle, trailer or boat, or parts thereof, unless the vehicle, trailer or boat is in such condition that identification numbers are not available to determine ownership.

(c) If no request for a hearing or sworn statement is received within ten days after the mailing of the notice of intention to abate and remove, the City shall have the authority to abate and remove the vehicle, trailer or boat, or parts thereof, as a public nuisance without holding a hearing.

(Amended by Ord. 71-169 § 1 (part), 1997; Ord. 224 § 2 (part), 2003)

(a) All hearings requested by the owners of the vehicles, trailers or boats, or parts thereof, or by the owners of the land, as set forth in Sections 9-55.080 and 9-55.090, shall be held before the Hearing Officer who shall hear all facts and testimony he or she deems pertinent. Such facts and testimony may include testimony on the condition of the vehicle, trailer or boat, or parts thereof, and the circumstances concerning its location on private or public property. The Hearing Officer 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, trailer or boat, or parts thereof, on the land, with his reasons for such denial.

(b) The Hearing Officer may impose such conditions and take such other action as he or she deems appropriate under the circumstances to carry out the purposes of this Article. The Hearing Officer may delay the time for the removal of the vehicle, trailer or boat, or parts thereof, if, in his or her opinion, the circumstances so justify. At the conclusion of the hearing, the Hearing Officer may find that a vehicle, trailer or boat, or parts thereof, has been abandoned, wrecked, dismantled, inoperative, or unlawfully stored on private or public property, order the same removed from the property as a public nuisance and disposed of as provided in this Article, and determine the administrative costs and the costs of removal to be charged against the owner of the land. The order requiring removal shall include a description of the vehicle, trailer or boat, or parts thereof, and the correct identification number and license number of the vehicle, trailer or boat, if available.

(c) If it is determined at the hearing that the vehicle, trailer or boat, was placed on the land without the consent of the owner of the land and that he or she has not subsequently consented to the presence of the vehicle, trailer or boat, or parts thereof, on his or her land, the Hearing Officer shall not assess the costs of administration or removal of the vehicle, trailer or boat against the property upon which the vehicle, trailer or boat is located or otherwise attempt to collect such costs from such owner of the land.

(d) If the owner of the land submits a sworn written statement denying responsibility for the presence of the vehicle, trailer or boat on his or her land but does not appear at the hearing, such owner shall be notified in writing of the decision. The decision of the Hearing Officer shall be final.

(Amended by Ord. 71-169 § 1 (part), 1997; Ord. 224 § 2 (part), 2003)

After the expiration of five days from adoption of the order declaring the vehicle, trailer or boat, or parts thereof, to be a public nuisance, or the expiration of five days from the date of mailing notice of the decision, if such notice is required by the provisions of Section 9-55.100, the vehicle, trailer or boat, or parts thereof, may be disposed of by removal to a scrapyard or dismantler's yard. After a vehicle has been removed it shall not thereafter 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.

(Amended by Ord. 224 § 2 (part), 2003)

Within five days after the date of removal of the vehicle, or parts thereof, notice shall be given to the Department of Motor Vehicles of the State 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.

(Amended by Ord. 224 § 2 (part), 2003)

If the administrative costs and the costs of removal which are charged against the owner of a parcel of land pursuant to the provisions of Section 9-55.100 are not paid within thirty days after the date of the order, such costs shall be assessed against the parcel of land pursuant to the provisions of Section 38773.5 of the Government Code and shall be transmitted to the County Tax Collector for collection. Such assessment shall have the same priority as other City taxes.

(Amended by Ord. 224 § 2 (part), 2003)