Chapter 5 — ABANDONED, WRECKED VEHICLES

In addition to and in accordance with the determination made and the authority granted by the state under the Vehicle Code section 22660 to remove abandoned, wrecked, dismantled or inoperative vehicles or parts thereof as public nuisances, the 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 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 hazard, to constitute an unattractive 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 not including highways, except as expressly permitted in this chapter, is declared to constitute a public nuisance which may be abated as such in accordance with the provisions of this chapter. (Ord. 86-27, 1986)

The following definitions shall apply to this chapter:

Highway. 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."

Owner of the Land. 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. The last registered owner and legal owner of record.

Public Property. Does not include "highway."

Vehicle. 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. (Ord. 86-27, 1986)

• A. This chapter 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 of any violation of any other law or ordinance other than the Vehicle Code chapter 10 commencing with section 22650 of division 11 and this chapter.

• C. 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 heretofore or hereafter enacted by the city, the state or any other legal entity or agency having jurisdiction.

• (Ord. 86-27, 1986)

• A. Chief of Police. 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 such officer and his or her deputies may enter upon private or public property to examine a vehicle or parts thereof, or obtain information as to 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.

• B. Right of Entry. 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. 86-27, 1986)

• A. Removal Authorized. Upon discovering the existence of abandoned, wrecked, dismantled or inoperative vehicles 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 procedures prescribed in this chapter.

• B. Cost Determination. 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. 86-27, 1986)

• A. Notice to Abate and Remove. A 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 submitted on the forms on file with the police chief and/or city clerk.

• B. Exceptions. No notices to abate, as required by this section, need be given for any vehicle located on land zoned agricultural, or not improved with a residential dwelling unit, if:

  1. The property owner and owner of the vehicle have signed releases authorizing the removal and waiving any further interest in the vehicle, or any part thereof; or

  2. If: (a) the vehicle is inoperable by reason of the absence of a motor, transmission or wheels, (b) is incapable of being towed, (c) is valued at less than $200 by a person specified in Vehicle Code section 22855 , (d) is determined by the city to be a public nuisance and is an immediate threat to public health or safety, and (e) the property owner has signed a release authorizing the removal of the vehicle and waiving any further interest in it, or any part thereof. In the event that the provisions of this subsection shall be utilized,

prior to the final disposition of the vehicle, notice shall be given to the registered and legal owners as provided by Vehicle Code section 22661 .

(Ord. 86-27, 1986; Amd. 2001 Code)

• A. Notice of Hearing—Request for Hearing.

  1. Upon request by the owner of the vehicle or owner of the land received by the chief of police within 10 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 cost of removal of the vehicle or parts thereof against the property on which it is located.

  2. If the owner of the land submits a sworn written statement denying responsibility for the presence of the vehicle on his or her land within such 10 day period, or at the time of signing the release provided by section 7-5-6 of this chapter, such statement shall be construed as a request for a hearing which does not require his or her presence. Notice of the hearing shall be mailed, by registered mail, at least 10 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 the 10 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.

• B. Hearing Procedures and Decisions.

  1. All hearings under this chapter shall be held before the city manager 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 or parts thereof and the circumstances concerning its location on the said private property or public property. The city manager shall not be limited by the technical rules of evidence. The owner of the land may appear in person at the hearing, and deny responsibility for the presence of the vehicle on the land, with his or her reasons for such denial.

  2. The city manager may impose such conditions and take such other action as he or she deems appropriate under the circumstances to carry out the purpose of this chapter. He or she may delay the time for removal of the vehicle or parts thereof if, in his or her opinion, the circumstances justify it. At the conclusion of the public hearing, the city manager 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 dispose of as provided in this chapter and determine the administrative costs and the cost of removal to be charged against the owner of the parts thereof and the correct identification number and license number of the vehicle, if available at the site.

  3. 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 or she has not subsequently acquiesced to its presence, the city manager 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 the land.

  4. If the owner of the land submits a sworn written statement denying responsibility for the presence of the vehicle on his or her land but does not appear, or if an interested party makes a written presentation to the city manager but does not appear, he or she shall be notified in writing of the decision.

(Ord. 86-27, 1986)

• A. Any interested party may appeal the decision of the city manager by filing a written notice of appeal with the city manager within five days after his or her 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 city clerk shall give written notice of the time and place of the hearing to the appellant and those persons specified in section 7-5-6 of this chapter.

• D. In conducting the hearing, the city council shall not be limited by the technical rules of evidence. (Ord. 86-27, 1986)

• A. Disposition After Declaration of Nuisance and Hearing. Five days after adoption of the order declaring the vehicle or parts thereof to be a public nuisance, five days from the date of mailing of notice of the decision if such notice is required by section 7-5-7(B) of this chapter, or 15 days after such action of the governing body authorizing removal following appeal, the vehicle or parts thereof may be disposed of by removal to a scrapyard; except, where the same qualifies for a horseless carriage license plate or as an historical vehicle under Vehicle Code section 22661(f) , it shall not thereafter be reconstructed or made operable.

• B. Vehicle Identification Reported to Department of Motor Vehicles. 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 any evidence of registration available including registration certificates, certificates of title and license plates.

• (Ord. 86-27, 1986)

If the administrative costs and the cost of removal which are charged against the owner of a parcel of land pursuant to section 7-5-7(B) of this chapter 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 of land pursuant to Government Code section 38773.5 and shall be transmitted to the tax collector for collection. Such assessment shall have the same priority as other city taxes. (Ord. 86-27, 1986)

It is unlawful and a misdemeanor, punishable as provided in section 1-3-3 of this code, for any person to fail or refuse to remove an abandoned, wrecked, dismantled or inoperative vehicle or parts thereof or refuse to abate such nuisance when ordered to do so in accordance with the abatement provisions of this chapter or state law if applicable. (Ord. 86-27, 1986; Amd. 2001 Code)

City of Solvang, CA Tuesday, July 7, 2026