Susanville Municipal Code Ch. 10.22 Abandoned Vehicles

This chapter deals with the abatement and removal of abandoned, wrecked, dismantled or inoperative vehicles on private or public property, not including highways, and adopts a vehicle abatement program pursuant to Vehicle Code Sections 22660 through 22668. The authority and procedure for abating and removing abandoned vehicles from highways is contained in the Vehicle Code.

(Ord. 06-926 § 1, 2006)

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 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 hazards, to constitute an attractive nuisance creating a hazard to 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 part thereof, on private or public property not including highways, except as expressly hereinafter permitted, is declared to constitute a public nuisance which may be abated as such in accordance with the provisions of this chapter.

(Ord. 06-926 § 1, 2006)

As used in this chapter:

"Highway"

means a way or place of whatever nature, publicly maintained or open to the use of the public for purposes of vehicular traffic. "Highway" includes "street."

"Inoperative vehicle"

means a vehicle that cannot or may not be operated for mechanical or statutory reasons, including, but not limited to, flat tires, engine failure, electrical malfunction, or non-display of current license plates, tabs or stickers as required by Article IX of Chapter 1 of Division 3 of the California Vehicle Code. An inoperative vehicle also includes, but is not limited to, a vehicle which cannot be legally driven on any public street or other area due to lack of front headlights and rear brake lights, windshield, wipers, front and rear bumper(s), or any other equipment required by the California Vehicle Code, any vehicle defined as a "non-repairable vehicle" or "total loss salvage vehicle" by the California Vehicle Code.

"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 the last legal owner of record.

"Public property"

does not include "highway."

"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. 17-1011 § 2, 2017)

There is established an abandoned vehicle hearing board. The board shall consist of three members, namely the city manager, the city community development director and the city building official.

(Ord. 06-926 § 1, 2006)

This chapter shall not apply to:

A. A vehicle or part thereof that is completely enclosed within a building in a lawful manner where it is not visible from the street or other public or private property;

B. 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 junkyard; provided, however, that this exception 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 chapter.

(Ord. 06-926 § 1, 2006)

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. 06-926 § 1, 2006)

Except as otherwise provided herein, the provisions of this chapter shall be administered and enforced by the city police chief or by any employee of the city appointed by him or her and acting under his or her direction, provided that the city police chief after approval by the city council shall file a written confirmation of appointment with the city clerk. In the enforcement of this chapter, such persons charged with administration and enforcement 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 chapter.

(Ord. 06-926 § 1, 2006; Ord. 06-936 § 1, 2006)

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. 06-926 § 1, 2006)

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 part thereof, under this chapter.

(Ord. 06-926 § 1, 2006; Ord. 06-936 § 1, 2006)

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 police chief or designated representative shall have the authority to cause the abatement and removal thereof in accordance with the procedure prescribed herein.

(Ord. 06-926 § 1, 2006)

A. A 10 day notice of intention to abate and remove the vehicle or parts thereof, as a public nuisance, shall be mailed by the city police chief or designated representative via registered mail to the owner of the land as shown on the last equalized assessment roll and to the last registered and legal owner of record of the vehicle, unless the vehicle is in such condition that identification numbers are not available to determine ownership. The form of the notice shall be in substantially the following form:

B. A notice of intention to abate shall not be required if:

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

2. All the following conditions are satisfied:

a. The vehicle or part thereof is inoperable due to the absence of a motor, transmission, or wheels and is incapable of being towed;

b. The vehicle or part thereof is valued at less than $300 by the police chief of the city of or his or her designee;

c. The building department and/or the police chief has determined that the vehicle or part thereof is a public nuisance presenting an immediate threat to public health or safety;

d. The property owner has signed a release authorizing the removal and waiving further interest in the vehicle or part thereof; and

e. The vehicle is located upon a parcel that is either zoned for agricultural use or is not improved with a residential structure containing one or more dwelling units.

C. If a vehicle is removed pursuant to subsection (B)(2) of this section, prior to final disposition, the registered or legal owner shall be notified of the intent to dispose of the vehicle or parts thereof. If the vehicle or part thereof is not claimed and removed from the scrapyard, automobile dismantler's yard or public disposal area within 12 days after the notice to dispose of vehicle is mailed, final disposition may proceed.

(Ord. 06-926 § 1, 2006)

A. Upon request by the owner of the vehicle or owner of the land received by the police chief or his or her designated representative within 10 days after the mailing of the notices of intention to abate and remove, a public hearing shall be held by the abandoned vehicle hearing board established pursuant to Section 10.22.040 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.

B. 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, said 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 the city police chief or his or her designated representative via registered mail at least 10 days before the hearing date 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 request for a hearing is not received within 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, upon the written order of the city police chief or his or her designated representative, a copy of which order shall be filed with the city clerk.

(Ord. 06-926 § 1, 2006)

A. All hearings under this chapter shall be held before the abandoned vehicle hearing board established pursuant to Section 10.22.040, which shall hear all facts and testimony it deems pertinent. Said facts and testimony may include the testimony on the condition of the vehicle or parts thereof and the circumstances concerning its location on the private property or public property. The board 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 written statement in time for consideration at the hearing, and deny responsibility for the presence of the vehicle on the land, with his or her reasons for such denial.

B. The abandoned vehicle hearing board may impose such conditions and take such other action as it deems appropriate under the circumstances to carry out the purpose of this chapter. It may delay the time for removal of the vehicle or parts thereof if, in its opinion, the circumstances justify it. At the conclusion of the public hearing, the board may find that a vehicle, or parts thereof, has been abandoned, wrecked, dismantled or is inoperative on private or public property and by resolution order the same removed from the property as a public nuisance and disposed of as hereinafter provided and determine the administrative costs and the cost of removal to be charged against the owner of the 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, and a copy shall be filed with the city clerk.

C. 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 in its presence, the board 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.

D. 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 board but does not appear, he or she shall be notified in writing of the decision.

(Ord. 06-926 § 1, 2006)

A. Any interested party may appeal the decision of the abandoned vehicle hearing board established pursuant to Section 10.22.040 by filing a written notice of the appeal with the board within 10 days after its decision.

B. Such appeal shall be heard by the city council which may affirm, amend or reverse the order to 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 10.22.120.

D. In conducting the hearing, the city council shall not be limited by the technical rules of evidence. The decision of the city council shall be final and conclusive.

(Ord. 06-926 § 1, 2006)

Ten days after the adoption of the order declaring the vehicle or parts thereof to be a public nuisance, or 10 days from the date of mailing of notice of the decision of such notice is required by Section 10.22.130, or five 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, unless it is a vehicle which qualifies for either horseless carriage license plates or historical vehicle license plates pursuant to California Vehicle Code Section 5004, in which case the vehicle may be reconstructed or made operable.

(Ord. 06-926 § 1, 2006)

Within five days after the date of removal of the vehicle or parts thereof, notice shall be given by the city police chief 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. 06-926 § 1, 2006)

If the administrative costs and the cost of removal which are charged against the owner of a parcel of land pursuant to Section 10.22.130 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 Section 38773.5 of the Government Code and shall be transmitted to the tax collector for collection. Said assessment shall have the same priority as other county taxes.

(Ord. 06-926 § 1, 2006)

A. It is 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 including highways within the city in excess of 72 or more consecutive hours, 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 conjunction with a business of a licensed dismantler, licensed vehicle dealer, or a junkyard.

B. It is unlawful and an infraction for any person to fail or to refuse to remove an abandoned, wrecked, dismantled or inoperative vehicle, or parts thereof, or to refuse to abate such nuisance when ordered to do so in accordance with the abatement provisions of this chapter.

(Ord. 06-926 § 1, 2006)