Taft Municipal Code Ch. 4.1 Public Nuisances; Abandoned, Wrecked, Dismantled or Inoperative Vehicles

This chapter shall be known as the ABANDONED, WRECKED OR INOPERATIVE VEHICLES and may be cited as such, and will be referred to herein as "this chapter". (Ord. 770-08, 10-7-2008)

(A) It is the intent of the council in adopting this chapter to provide a comprehensive method for the identification and abatement of abandoned, wrecked, dismantled or inoperative vehicles or parts thereof within the city.

(B) Provisions of this chapter are to be supplementary and complementary to all of the provisions of this code, state law, and any law cognizable at common law or in equity, and nothing herein shall be read, interpreted or construed in any manner so as to limit any existing right of power of the city to abate any and all nuisances. (Ord. 770-08, 10-7-2008)

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 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, is declared to constitute a public nuisance which may be abated as such in accordance with the provisions of this chapter. (Ord. 770-08, 10-7-2008)

The definitions contained in division 1 of the California Vehicle Code shall govern the interpretation of the words used in this chapter except for the following:

ABANDONED VEHICLE: (A) Any vehicle left on the property of another without the property owner's permission;

(B) Any vehicle which does not have up to date registration and is found on the property of another or on public property.

CHIEF OF POLICE: Also means any officer of the police department.

DISMANTLED VEHICLE: A vehicle or any significant collection of vehicle parts incapable of moving or being hauled by the means of which it was designed with its own power or otherwise and will remain so without major repair or assembly.

INOPERATIVE VEHICLE: Any vehicle which is unable to move under its own power or which cannot be legally operated on California streets and highways. The term "inoperative vehicle" includes:

(A) Any vehicle from which the engine has been removed;

(B) Any vehicle which does not start when the ignition switch is turned on;

(C) Any vehicle which has had one or more tires removed;

(D) Any vehicle which does not have up to date registration.

NUISANCE: As defined in section 370 of the California Penal Code.

OWNER OF 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: Means "owner" as that term is defined in the California Vehicle Code.

PUBLIC PROPERTY: Does not include "highway".

VEHICLE: Any device by which any person or property may be propelled, moved or drawn upon a highway, off road or in the water or through the air, including, but not limited to, cars, trucks, airplanes, motor homes, recreational vehicles, trailers, watercraft (on or off its hauler) excepting a device intended to be moved exclusively by human power.

WRECKED VEHICLE: (A) Any vehicle which has sustained external body damage or internal engine damage which exceeds the value of the vehicle;

(B) Any vehicle determined to be a "total loss salvage vehicle" as that term is defined in the California Vehicle Code; or

(C) Any vehicle designated as a salvage vehicle by the department of motor vehicles. (Ord. 770-08, 10-7-2008)

This chapter shall not apply to:

(A) A vehicle or parts thereof which is completely enclosed within a building in a lawful manner or completely enclosed within a nontransparent solid fence six feet (6') in height so that such vehicle or parts thereof are not plainly visible from the street or other public or private property.

(B) Inoperable vehicles located upon a parcel that is (1) not zoned for agricultural use or (2) improved with a residential structure containing one or more dwelling units as provided in Government Code 22661. All other inoperable vehicles may be addressed as provided by the other regulatory codes, statutes and ordinances heretofore or hereafter enacted by the City, or the state, or any other legal entity.

(C) Nothing in this section shall 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.

(D) It shall be unlawful for a licensed automotive dismantler, licensed vehicle dealer, automotive repair shop, body shop, tow company or junk dealer to park, store, or leave or permit the parking, storing, or leaving of any licensed or unlicensed vehicle or parts thereof which is in a wrecked, dismantled, or inoperative condition upon any private property, including dealer's own property, unless such vehicle or parts thereof is completely enclosed within a building in a lawful manner or completely enclosed with a nontransparent solid fence six feet (6') or more in height so that such vehicle or parts thereof is not plainly visible from a street or public or private property. (Ord. 770-08, 10-7-2008; amd. Ord. 852-23, 7-18-2023)

This chapter does not constitute the exclusive regulation of abandoned, wrecked, dismantled or inoperative vehicles within the city, and it shall supplement and be in addition to the other regulatory codes, statutes and ordinances heretofore or hereafter enacted by the city, or the state, or any other legal entity. (Ord. 770-08, 10-7-2008)

(A) Except as otherwise provided in this section, the provisions of this chapter shall be administered and enforced by the chief of police or some other regularly salaried employee of the city designated by the chief of police as his representative. In the enforcement of this chapter, the chief of police and said chief's representatives 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 which have been declared to be a nuisance pursuant to this chapter.

(B) When the city council has contracted with or granted a franchise to any person or persons for the removal of vehicles and parts thereof pursuant to this chapter, 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 provided that said entry is performed pursuant to the written authorization of the chief of police. (Ord. 770-08, 10-7-2008)

The city council shall, by resolution, 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. 770-08, 10-7-2008)

(A) 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 chief of police shall have the authority to cause the abatement and removal thereof in accordance with the procedure prescribed in this chapter.

(B) A ten (10) day notice of intention to abate and remove the vehicle, or parts thereof, as a public nuisance shall be mailed by 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. The notices of intention shall be in substantially the following forms:

1. 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 the 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 this Chapter of the Taft City 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 this Chapter.

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 said parts of a vehicle) is located. 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 Code Enforcement Officer 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 the 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 to waive the hearing. If such request for a hearing is not received within such period, the public official shall have the authority to remove said vehicle upon authorization of a department head.

Notice Mailed

Date

s/

Code Enforcement Officer

2. 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.) you are hereby notified that the undersigned pursuant to this Chapter of the Taft City 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 this Chapter.

You are hereby notified to abate said nuisance by the removal of said vehicle (or said parts of a vehicle) within 10 days after the 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 Code Enforcement Officer 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)

s/

Code Enforcement Officer

(C) Upon request by the owner of the vehicle or owner of the land received by the code enforcement officer or chief of police within ten (10) days after the mailing of the notices of intention to abate and remove, a public hearing shall be held by the city council 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.

(D) The owner of the land may appear in person at a hearing or may submit a sworn written statement denying responsibility for the presence of such vehicle on the land, with his reasons for such denial, in lieu of appearing. The notice of intention to abate shall be mailed, by registered or certified mail, to the owner of land as shown on the last equalized assessment roll and to the last registered legal owner of record unless such 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 (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. (Ord. 770-08, 10-7-2008)

(A) All hearings under this chapter shall be held before the city council who shall hear all facts and testimony deemed pertinent. The facts and testimony may include testimony on the condition of the vehicle or parts thereof and the circumstances concerning its location on the private property or public property. The city council 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.

(B) The city council may impose such conditions and take such other action as deemed appropriate under the circumstances to carry out the purpose of this chapter. The council may delay the time for removal of the vehicle or parts thereof if, in the council's opinion, the circumstances justify it. At the conclusion of the public hearing, the city council 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 disposed of as hereinafter provided and determine the administrative costs and the cost of removal to be charged against the owner of the land. The city clerk shall prepare and mail to the vehicle owner and the owner of the land a written version of the order. Any 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.

(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 has not subsequently acquiesced in its presence, the city council 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 land but does not appear, or if an interested party makes a written presentation to the code enforcement officer but does not appear, he shall be notified in writing of the decision. (Ord. 770-08, 10-7-2008)

Ten (10) days after the mailing of the notice of intention to abate specified in this chapter; ten (10) days after the date of mailing of the order of the code enforcement officer specified in this chapter; or ten (10) days after the action of the city council authorizing removal following an appeal as specified in this chapter, the vehicle or parts thereof may be disposed of by removal to a scrap yard 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 section 5004 of the California Vehicle Code, in which case the vehicle may be reconstructed or made operable. (Ord. 770-08, 10-7-2008)

Within five (5) 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 of California 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. 770-08, 10-7-2008)

If the administrative costs and the cost of removal which are charged against the owner of a parcel of land pursuant to this chapter are not paid within thirty (30) days of the removal of the vehicle or parts thereof, the costs shall, by resolution of the city council, be assessed; become a lien against the parcel of land and be collected by the tax collector in the same manner as taxes upon real property. (Ord. 770-08, 10-7-2008)

It shall be 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 abandoned, wrecked, dismantled or inoperative vehicle or parts thereof upon any private property or public property not including highways within the city unless the vehicle or parts thereof is excluded from regulation pursuant to the provisions of this chapter. (Ord. 770-08, 10-7-2008)

It is unlawful and an infraction 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 provisions of this chapter or state law where the state law is applicable. (Ord. 770-08, 10-7-2008)

Any person violating section 3-4.1-14 or 3-4.1-15 of this chapter shall be deemed guilty of an infraction and upon conviction thereof shall be punished by a fine pursuant to section 1-1-11 of this code. (Ord. 770-08, 10-7-2008)