South Lake Tahoe Municipal Code Art. I General

A.

"Abandoned vehicle"

means any vehicle or part thereof which is:

A vehicle to which the registered owner has relinquished all further dominion or control; or

A vehicle which is inoperative or otherwise wrecked or dismantled; or

A vehicle which due to its condition or location constitutes an attractive nuisance, a hazard to persons in the vicinity thereof, or is sufficiently "unsightly" as to reduce the value of adjoining property or interfere with the quiet enjoyment of adjoining property; or

A vehicle with expired registration for more than six months. Vehicles must be registered in California, if the owner resides in California. A nonoperational certificate does not constitute current registration.

B.

"Dismantled vehicle"

means any vehicle which is wrecked, junked or inoperative, or from which any part has been damaged or removed for a period of seven days or more so as to render the vehicle inoperable under its own power.

C.

"Enforcement officer"

means any officer or employee of the city delegated by the city manager to enforce the provisions of this chapter.

D.

"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."

E.

"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.

F.

"Owner of the vehicle"

means the last registered owner and legal owner of record.

G.

"Property"

means any real property, public or private, within the city, which is not a public street or highway.

H.

"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.

(Ord. 137 § 1; Ord. 290 § 2; Ord. 711 § 1; Ord. 811 § 1; Ord. 880 § 1; Code 1997 § 17-15)

This chapter is enacted pursuant to the authority of Section 22660 of the Vehicle Code of the state.

(Ord. 137 § 1; Code 1997 § 17-16)

This chapter is not an exclusive regulation of motor vehicle dismantling, wrecking, junking and abandonment within the city. It shall supplement, be cumulative with and in addition to all other regulatory codes, statutes and ordinances heretofore or hereafter enacted by the city, the state or other legal entity having jurisdiction.

(Ord. 137 § 1; Code 1997 § 17-17)

The accumulation and storage of abandoned, wrecked, dismantled or inoperative vehicles or parts thereof on property is hereby found to create an unsightly condition upon private premises tending to reduce the value of property, to invite plundering, to create fire hazards, to constitute an attractive nuisance creating a hazard to the health and safety of minors and to create a harborage for rodents. Such accumulation and storage of vehicles is further found to promote urban blight and deterioration in the community, to violate the zoning regulations of the city in many instances, particularly where such vehicles are maintained in the required front or side areas of residential property, and it is found that such abandoned, wrecked, dismantled or inoperative vehicles are in the nature of rubbish, litter and unsightly debris in violation of health and sanitation laws. Therefore, the accumulation and storage of abandoned, wrecked, dismantled or inoperative vehicles on property, except as expressly permitted in this chapter, is hereby declared to constitute a public nuisance, which may be abated as such, which remedy shall be in addition to any other remedy provided in this chapter or by state law.

(Ord. 137 § 1; Code 1997 § 17-18)

This chapter shall not apply:

A. To a vehicle or part thereof which is completely enclosed within a building/carport in a lawful manner or which is not otherwise visible from the street or other property. Covering a vehicle with a tarp or other material does not constitute enclosure.

B. To 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 junk yard; provided, that this exception shall not authorize the maintenance of a public or private nuisance, as defined under provisions of law other than this chapter.

(Ord. 137 § 1; Ord. 811 § 2; Code 1997 § 17-19)

This chapter shall be administered under the direction and control of the city manager using regularly salaried employees of the city. Upon approval by the city manager, and in compliance with any interagency agreements regarding access, such employees shall be authorized to receive Department of Justice/CLETS information to the extent necessary to enforcement of the provisions of this chapter.

(Ord. 137 § 1; Ord. 811 § 3; Ord. 885 § 1; Code 1997 § 17-20)

The enforcement officer may enter upon private property to examine vehicles or parts thereof, to obtain information as to the identity of the vehicle and to remove or cause the removal of vehicle or parts thereof declared to be a nuisance pursuant to this chapter.

(Ord. 137 § 1; Code 1997 § 17-21)

The city council shall from time to time fix and determine an amount to be assessed as administrative costs (excluding the actual costs of removal of any vehicle or parts thereof) under this chapter. Such determination may be either as a fixed sum per removal, or as a percentage of the actual cost of removal, whichever the council shall deem proper.

(Ord. 290 § 3; Code 1997 § 17-21.1)