Soledad Municipal Code Ch. 10.12 Inoperative Vehicles

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

The accumulation and storage of abandoned, wrecked, dismantled or inoperative vehicles or parts of a vehicle on private or public property not including highways is 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 of a vehicle, on private or public property, not including highways, except as expressly permitted in this chapter, is declared a public nuisance which may be abated as such in accordance with this chapter.

(Ord. 443 § 1 (Exbt. A) (part), 1986)

As used in this chapter the following terms have the following meanings:

A. "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."

B. "Owner of the land" means the owner of the land on which the vehicle, or parts of a vehicle, is located, as shown on the last equalized assessment roll.

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

D. "Public property" does not include "highway."

E. "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.

F. "Disabled/inoperative vehicles" means unable to run under its own power, unlicensed or determined to be unsafe to operate on a street.

(Ord. 525 § 2 (Exbt. A) (part), 1993; Ord. 443 § 1 (Exbt. A) (part), 1986)

A. Vehicle storage and repair in R (residential) zoning districts shall be in conformance to the provisions of Soledad Municipal Code Title 17 (Zoning) Section 17.38.340.

B. In zoning districts other than the R (residential) districts, all vehicles except in emergency situations shall not be stored or repaired on any lot except when completely enclosed by a solid wood fence. The area shall not be located in any required front or street side yard as defined in the zoning ordinance.

C. No repair of vehicles shall be permitted in the required front or side yards as defined in the zoning ordinance except when they are minor in nature or in bona fide emergency situations. Repairs shall be complete within seven calendar days.

(Ord. 586 § 2 (part), 2001; Ord. 525 § 2 (Exbt. A) (part), 1993)

A. Vehicle storage in R (residential) zoning districts shall be in conformance to the provisions of Soledad Municipal Code Title 17 (Zoning), Section 17.38.340.

B. In zoning districts other than the R (residential) districts, no trailer, motor home, boat or other recreational vehicle shall be stored on any public street or in any required front or street side yard as defined in the zoning ordinance.

(Ord. 586 § 2 (part), 2001: Ord. 525 § 2 (Exbt. A) (part), 1993)

This chapter shall not apply to:

A. A vehicle or parts of a vehicle which is completely enclosed within a building in a lawful manner where it is not visible from a street or other public or private property; or

B. A vehicle or parts of a vehicle 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 operation of a lawfully conducted business or commercial enterprise.

Nothing in this section authorizes the maintenance of a public or private nuisance as defined under provisions of law other than Chapter 10 (commencing with Section 22660) of Division 11 of the Vehicle Code and this chapter.

(Ord. 443 § 1 (Exbt. A) (part), 1986)

This chapter 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 enacted by the city before or after the ordinance codified in this chapter by the city, the state or any other legal entity or agency having jurisdiction.

(Ord. 443 § 1 (Exbt. A) (part), 1986)

Except as otherwise provided in this chapter, the provisions of this chapter shall be administered and enforced by the chief of police. In the enforcement of this chapter the chief and his deputies may enter upon private or public property to examine a vehicle or parts of a vehicle, or obtain information as to the identity of a vehicle (and to remove or cause the removal of a vehicle or parts of a vehicle) declared to be a nuisance pursuant to this chapter.

(Ord. 443 § 1 (Exbt. A) (part), 1986)

When the city council has contracted with or granted a franchise to any person or persons, such person or persons are authorized to enter upon private property public property to remove or cause the removal of a vehicle or parts of a vehicle declared to be a nuisance pursuant to this chapter.

(Ord. 443 § 1 (Exbt. A) (part), 1986)

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 of a vehicle) under this chapter.

(Ord. 443 § 1 (Exbt. A) (part), 1986)

Upon discovering the existence of an abandoned, wrecked, dismantled or inoperative vehicle, or parts of a vehicle, on private property or public property within the city, the chief of police may cause the abatement and removal of the vehicle or parts in accordance with the procedure described in this chapter.

(Ord. 443 § 1 (Exbt. A) (part), 1986)

A ten-day notice of intention to abate and remove the vehicle, or parts of a vehicle, 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; provided, that such notice is not required if the owner of the property and the owner of the vehicle have signed releases authorizing removal and waiving further interest in the vehicle, or part of a vehicle. The notices of intention shall be in substantially the following form:

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 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 or municipal code) 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 10.12 of the Soledad 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 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 Chief of Police within such 10-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 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 a vehicle or, in lieu thereof, may present a sworn written statement as aforesaid in time for consideration at such hearing.

NOTICE MAILED ________

(date) _____

CHIEF OF POLICE

CITY OF SOLEDAD

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.), your are hereby notified that the undersigned pursuant to (section of ordinance or 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 10.12 of the Soledad 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.

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 chief of police within such 10-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.

NOTICE MAILED ________

(date) _____

CHIEF OF POLICE

CITY OF SOLEDAD

(Ord. 443 § 1 (Exbt. A) (part), 1986)

Upon request by the owner of the vehicle or owner of the land received by the chief of police within ten days after the mailing of the notices of intention to abate and remove, a public hearing shall be held by the chief of police on the question of abatement and removal of the vehicle or parts of a vehicle 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 of a vehicle 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, this statement shall be construed as a request for 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 may abate and remove the vehicle or parts of a vehicle as a public nuisance without holding a public hearing.

(Ord. 443 § 1 (Exbt. A) (part), 1986)

All hearings under this chapter shall be held before the chief of police, who shall hear all facts and testimony he deems pertinent. These facts and testimony may include testimony on the condition of the vehicle or parts of a vehicle and the circumstances concerning its location on the private property or public property. The chief of police 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 chief of police may impose such conditions and take such other action as he deems appropriate under the circumstances to carry out the purpose of this chapter. He may delay the time for removal of the vehicle or parts of a vehicle if, in his opinion, the circumstances justify it. At the conclusion of the public hearing, the chief of police may find that a vehicle or parts of a vehicle has been abandoned, wrecked, dismantled or is inoperative on private or public property and order the vehicle or parts removed from the property as a public nuisance and disposed of as provided in this chapter, and determine the 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 of a vehicle 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 he has not subsequently acquiesced in its presence, the chief of police 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 the costs from the 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 chief of police but does not appear, he shall be notified in writing of the decision.

(Ord. 443 § 1 (Exbt. A) (part), 1986)

Any interested party may appeal the decision of the chief of police by filing a written notice of appeal with the chief of police within five days after his decision.

The 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 10.12.090.

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

(Ord. 443 § 1 (Exbt. A) (part), 1986)

Five days after adoption of the order declaring the vehicle or parts of a vehicle to be a public nuisance, five days from the date of mailing of notice of the decision if such notice is required by Section 10.12.110, or fifteen days after such notice of the governing body authorizing removal following appeal, the vehicle or parts of a vehicle 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, unless it is a vehicle which qualifies for either horseless carriage plates or historical vehicle plates pursuant to Section 5004 of the Vehicle Code.

(Ord. 443 § 1 (Exbt. A) (part), 1986)

Within five days after the date of removal of the vehicle or parts of a vehicle, notice shall be given to the Department of Motor Vehicles identifying the vehicle or parts of a vehicle 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. 443 § 1 (Exbt. A) (part), 1986)

If the administrative costs and the cost of removal which are charged against the owner of a parcel of land pursuant to Section 10.12.110 are not paid within thirty days of the date of the order or the final disposition of an appeal from the order, the 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. This assessment shall have the same priority as other city taxes.

(Ord. 443 § 1 (Exbt. A) (part), 1986)