Tehachapi Municipal Code Ch. 10.24 Abandoned or Inoperative Vehicles

A. 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.

B. The accumulation and storage of abandoned, wrecked, dismantled or inoperative vehicles or parts thereof on private or public property not including highways is hereby 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 part thereof on private or public property not including highways, except as hereby 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. 363 § 1, 1970)

As used in this chapter:

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

C. "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. 363 § 2, 1970)

A. This chapter shall not apply to:

1. A vehicle or part 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 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, a junk dealer, or when such storage or parking is necessary to the operation of a lawfully conducted business or commercial enterprise; or

3. Vehicles or parts thereof which are located behind a solid fence six feet in height, or which are not plainly visible from a highway.

B. 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.

(Ord. 363 § 3, 1970)

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. 363 § 4, 1970)

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 deputies ("enforcement officer") 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 part thereof declared to be a nuisance pursuant to this chapter. The city may seek a civil inspection warrant through a court of competent jurisdiction whether or not having first sought consent to inspect.

(Ord. 363 § 5, 1970)

(Ord. No. 22-01-766, § 30, 1-18-2022)

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. 363 § 6, 1970)

A. The chief of police or his or her designee shall keep an account of the cost (including incidental expenses) of abating such nuisance of removal of any vehicle or part thereof under this chapter, and shall serve an itemized report, in writing, showing the costs of abatement and incidental expenses on the owners of the property abated. The costs shall become a debt against the property upon which the nuisance existed, as well as a debt in favor of the city and against each person or entity who permitted, allowed, created, maintained or authorized the creation or maintenance of the public nuisance as provided in the ice of intention to abate and remove the vehicle under Section 10.23.080. Payment of the costs of abatement shall be due on the date of the statement of costs, unless timely and properly appealed under this Chapter.

B. "Costs of abatement" means any costs, including incidental expenses, incurred by the city to abate a nuisance, whether the city causes abatement through civil, criminal, administrative or other action, in which case, the city shall be entitled to recover all costs of abatement, staff costs, and administrative costs incurred by the city. It is the intention of the city to provide for recovery of all costs of abatement to the maximum extent provided by law and expressly excluding costs of criminal nuisance abatement actions. The city may recover such costs of abatement by any means authorized by law. "Incidental expenses" include, but are not limited to, the actual expenses and costs of the city in the preparation of the notices, specifications and contracts, in inspecting the work, and the costs of printing and mailing as required under this chapter.

C. Proof of the service shall be made by declaration under penalty of perjury filed with the city clerk.

(Ord. 363 § 7, 1970)

(Ord. No. 22-01-766, § 31, 1-18-2022)

Not less than a ten-day notice of intention to abate and remove the vehicle or part thereof as a public nuisance shall be mailed, by 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, unless the vehicle is in such condition that identification numbers are not available to determine ownership, or unless the property owner and the owner of the vehicle have signed releases authorizing removal and waiving further interest in the vehicle or part thereof. Such notice shall contain a statement of the hearing rights of the owner of the property on which the vehicle is located and the owner of the vehicle. The statement shall include notice to the property owner that he may appear in person at a hearing, or may present a sworn written statement denying responsibility for the presence of the vehicle on the land, with his reasons for such denial, in lieu of appearing. However, for those inoperable vehicles located upon a parcel that is (a) zoned for agricultural use or (b) not improved with a residential structure containing one or more dwelling units, the notice of intention is not required for removal of a vehicle or part thereof which is inoperable due to the absence of a motor, transmission, or wheels and incapable of being towed, is valued at less than two hundred dollars by a person specified in Section 22855 of the California Vehicle Code, and is determined by the chief of police or his or her deputies to be a public nuisance presenting an immediate threat to public health or safety; provided, that the property owner has signed a release authorizing removal and waiving further interest in the vehicle or part thereof. Prior to final disposition under Section 22662 of the California Vehicle Code of such a low-valued vehicle or part for which evidence of registration was recovered, the city shall provide notice to the registered and legal owners of intent to dispose of the vehicle or part, and if the vehicle or part is not claimed and removed within twelve days after the notice is mailed, from the location specified in Section 22662, final disposition may proceed.

(Ord. 87-12-543 § 1, 1987: Ord. 368 § 1, 1971: Ord. 363 § 8, 1970)

(Ord. No. 22-01-766, § 32, 1-18-2022)

A. A hearing shall be held on the question of the existence of nuisances sought to be abated and removed as part of the vehicle or part thereof as an abandoned, wrecked, dismantled or inoperative vehicle, and the assessment of the administrative costs and the cost of the removal of the vehicle or part thereof against the property on which it is located, upon the request for such a hearing by the owner of the vehicle or the owner of the land on which such vehicle is located made properly and timely pursuant to this section.

B. This request for a hearing shall be made to the office of the city manager on a city-approved hearing request form within ten days from the date of service of the notice of intention to abate and remove the vehicle or statement of costs, as the case may be, setting forth the grounds for the challenge. A hearing request form may be obtained from the Tehachapi Police Department or on the city's website, available for download. The request may be for an in-person hearing or a hearing by written declaration.

1. If an in-person hearing is requested, the city shall set the date and time for the administrative hearing before an assigned neutral hearing officer. The responsible party requesting the in-person hearing shall be served written notice of the time and place set for the administrative hearing and the assigned hearing officer at least ten days prior to the date of the administrative hearing.

2. If a hearing by written declaration is requested, then the written declaration(s) submitted by the responsible party must be made under penalty of perjury and attached to the hearing request form upon submission to the office of the city manager to be provided to an assigned neutral hearing officer. The written declarations must relate to the applicable question identified in Section 10.24.090.A and must attach all evidence the responsible party wishes the hearing officer to consider. The written declarations may not be augmented or supplemented unless permission to do so is obtained from the hearing officer prior to her or her issuance of a decision.

3. The enforcement officer and/or relevant city departments may submit a written report concerning the applicable question identified in Section 10.24.090.A to the hearing officer for consideration. If an in-person hearing is requested, then the report must be submitted to the hearing officer three business days in advance of the in-person hearing and served upon the hearing officer and person who sought the appeal. If a hearing by written declaration is requested, then the report may be submitted to the hearing officer within thirty days of the hearing request and served upon the hearing officer and person who sought the appeal.

4. Failure by any person issued a notice to timely and properly appeal as provided in this section shall constitute an admission by the person to the existence of the cited issues, an admission by the person to that party's liability for the cited issues, a waiver of the person's right to contest the notice or statement of costs, as the case may be, and a failure by the person to exhaust that person's administrative remedies. The notice shall be deemed final if no timely or proper appeal is made and the city may then abate the noted condition(s) as provided in the notice or assess the costs as provided in the statement of costs.

5. If a person to whom a notice is issued fails to timely and properly appeal a in accordance with this section, the city may withhold permits, licenses, and other approvals related to the property upon which the noted condition(s) in the notice exists until the noted condition(s) are cured and any outstanding balance for administrative fines or other amounts owing related to that property are paid in full.

(Ord. 368 § 2, 1971: Ord. 363 § 9, 1970)

(Ord. No. 22-01-766, § 33, 1-18-2022)

A. Administrative Hearing Procedures.

1. An in-person hearing before a hearing officer shall be set for a date that is not less than fifteen days and not more than sixty days from the date that a timely and proper appeal is submitted in accordance with the provisions of this section. This timeframe may be extended by necessity by the city or the hearing office or by stipulation of the parties. Failure to hold the hearing within this timeframe shall not invalidate the notice, shall not preclude proceeding with the hearing at a later date, and shall not invalidate the hearing officer's decision.

2. If the person requesting the in-person hearing fails to attend the scheduled hearing, it shall constitute an admission by the person to the existence of the cited issues, an admission by the person to that party's liability for the cited issues, a waiver of the person's right to contest the notice, and a failure by the person to exhaust that person's administrative remedies. The notice shall be deemed final in such case.

3. If an in-person hearing is requested, the hearing officer may continue the hearing and/or request additional briefing or evidence from the enforcement officer or relevant city department or the person that requested the hearing prior to issuing a decision. The hearing officer shall issue a decision within thirty days from the date all necessary briefing and evidence is obtained. Failure by the hearing officer to strictly comply with this provision shall not invalidate the notice or the hearing officer's decision.

4. If a hearing by written declaration is requested, the hearing officer shall review the person's written declaration(s) and the enforcement officer's and/or relevant city departments' report(s) within thirty days of receipt. Within those thirty days, the hearing officer may request additional briefing or evidence from the person and the enforcement officer and/or relevant city departments as necessary to render a decision. The hearing officer shall issue and serve a decision within thirty days from the date all necessary briefing and evidence is obtained. Failure by the hearing officer to strictly comply with this provision shall not invalidate the notice or the hearing officer's decision.

5. Administrative hearings are informal, and formal rules of evidence and discovery shall not apply. Each party shall have the opportunity to present evidence in support of that party's case and the cross examination of witnesses is only required where the witnesses are the main evidence in the matter or the only evidence to be used by either party in the administrative hearing. The city bears the burden of proof at an administrative hearing to establish the existence of nuisances sought to be abated and removed or the assessment of the administrative costs and the cost of the removal of the vehicle or part thereof, as the case may be, by a preponderance of the evidence. The notice, statement of costs, and any additional reports submitted by the enforcement officer and/or relevant city departments shall constitute prima facie evidence of the facts contained in those documents. The city may issue subpoenas requiring attendance of witnesses or production of books or other documents for evidence or testimony at the administrative hearing in accordance with Section 2.02.040.

B. Hearing Officer and Decision.

1. The city manager or his or her designee shall establish procedures for the selection of a hearing officer in accordance with this section. A hearing officer shall be a neutral third-party contracted by the city and selected in a manner that avoids the potential for any bias against any parties to the hearing. The hearing officer's compensation and costs shall be paid by the city. The hearing officer's compensation and/or employment shall not be directly or indirectly conditioned upon the outcome of the hearing.

2. Not later than thirty days after the date the administrative hearing concludes, or in the case of a hearing by written declaration, not later than thirty days after all necessary briefing and evidence is received, the hearing officer shall issue a written decision to uphold, modify, or dismiss the contested notice and order the abatement of the condition(s) described in the notice along with a deadline for when the abatement must be commenced and completed or uphold, modify, or dismiss the statement of costs, as the case may be. The order requiring removal shall include a description of the vehicle or part thereof, and the correct identification number of the vehicle, if available at the site. Failure by the hearing officer to strictly comply with this provision shall not invalidate the notice or the decision.

3. The decision shall set forth the reasons for the decision along with notice of the right to appeal and shall be served on the appealing person and the owner of the property subject to the notice, if not the appealing person, and the enforcement officer who issued the notice. The decision shall be final. Failure to receive the decision shall not invalidate the notice or the decision.

4. The final decision is subject to appeal under Code of Civil Procedure Section 1094.6 and the provisions thereunder. If a party fails to timely file a notice of appeal under Section 1094.6, the hearing officer's decision shall be final, that party's right to appeal shall be deemed waived and terminated, and the city may then abate any condition(s) noted in the notice or recover the costs of abatement as provided in the statement of costs, as the case may be.

(Ord. 368 § 3, 1971; Ord. 363 § 10, 1970)

(Ord. No. 22-01-766, § 34, 1-18-2022)

After the deadline to file an appeal of the notice of intention to abate and remove the vehicle under Section 10.24.090.B expires without the filing of any appeal, after such notice is appealed and becomes final under Section 10.24.100.A.2, or after a hearing officer's decision is final under Section 10.24.100.B.4, the vehicles or parts thereof subject to the notice of intention to abate and remove the vehicle 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 a horseless carriage license plate, or historical vehicle license plate, pursuant to the California Vehicle Code, in which case the vehicle may be reconstructed or made operable.

(Ord. 83-12-494 § 9, 1983: Ord. 368 § 4, 1971: Ord. 363 § 11, 1970)

(Ord. No. 22-01-766, § 35, 1-18-2022)

Within five days after the date of removal of the vehicle or part thereof, notice shall be given to the Department of Motor Vehicles, identifying the vehicle or part 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. 363 § 12, 1970)

If the cost of abatement which are charged against the owner of a parcel of land pursuant to Section 10.24.700 are not paid within thirty days of the date of the statement of costs, 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. Such assessment shall have the same priority as other city taxes.

(Ord. 363 § 13, 1970)

(Ord. No. 22-01-766, § 36, 1-18-2022)