Thousand Oaks Municipal Code Ch. 10 Removal of Abandoned, Wrecked, Dismantled, or Inoperative Vehicles

* Sections 5-10.01 through 5-10.14, codified from Ordinance No. 163, repealed by Section 1, Ordinance No. 213-NS, effective June 24, 1971.

In addition to and in accordance with the determination made and the authority granted by the State pursuant to the provisions of Section 22660 of the Vehicle Code of the State to remove abandoned, wrecked, dismantled, or inoperative vehicles, or parts thereof, as public nuisances, the Council hereby 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 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 expressly permitted by the provisions of this chapter, is hereby declared to constitute a public nuisance which may be abated as such in accordance with the provisions of this chapter.

(§ 2, Ord. 213-NS, eff. June 24, 1971)

For the purposes of this chapter, unless otherwise apparent from the context, certain words and phrases used in this chapter are defined as follows:

(a) “Highway” shall mean a way or place of whatever nature, publicly maintained and open to the use of the public for the purposes of vehicular travel. “Highway” shall include “street.”

(b) “Owner of the land” shall mean the owner of the land on which the vehicle, or part thereof, is located as shown on the last equalized assessment roll.

(c) “Owner of the vehicle” shall mean the last registered owner and legal owner of record.

(d) “Public property” shall not include “highway.”

(e) “Vehicle” shall mean 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.

(§ 2, Ord. 213-NS, eff. June 24, 1971)

The provisions of this chapter shall not apply to:

(a) 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

(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, a junk dealer, or when such storage or parking is necessary to the operation of a lawfully conducted business or commercial enterprise.

The provisions of this section shall not authorize the maintenance of a public or private nuisance as defined pursuant to provisions of law other than Chapter 10 (commencing with Section 22650) of Division 11 of the Vehicle Code of the State and this chapter.

(§ 2, Ord. 213-NS, eff. June 24, 1971)

The provisions of this chapter are not the exclusive regulation of abandoned, wrecked, dismantled, or inoperative vehicles within the City. The provisions of this chapter shall supplement and be in addition to the other regulatory codes, statutes, and laws heretofore or hereafter enacted by the City, the State, or any other legal entity or agency having jurisdiction.

(§ 2, Ord. 213-NS, eff. June 24, 1971)

Except as otherwise provided in this chapter, the provisions of this chapter shall be administered and enforced by the Community Development Director. In the enforcement of the provisions of this chapter, such officer and his deputies 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 the provisions of this chapter.

(§ 2, Ord. 213-NS, eff. June 24, 1971)

When the Council has contracted with or granted a franchise to any person, such person 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 the provisions of this chapter.

(§ 2, Ord. 213-NS, eff. June 24, 1971)

The 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, for the purposes of this chapter.

(§ 2, Ord. 213-NS, eff. June 24, 1971)

Upon discovering the existence of an abandoned, wrecked, dismantled, or inoperative vehicle, or part thereof, on private property or public property within the City, the Community Development Director shall have the authority to cause the abatement and removal thereof in accordance with the procedure set forth in this chapter.

(§ 2, Ord. 213-NS, eff. June 24, 1971)

A ten (10) 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 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:

Form #1

CITY OF THOUSAND OAKS NOTICE OF INTENTION TO ABATE AND REMOVE AN ABANDONED, WRECKED, DISMANTLED, OR INOPERATIVE VEHICLE, OR PARTS THEREOF, AS A PUBLIC NUISANCE

(Name of 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 (section of the municipal 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 Chapter 10, Title 5 of the Municipal Code of the City of Thousand Oaks.

You are hereby notified to abate said nuisance by the removal of said vehicle (or said parts of a vehicle) within ten (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 of Thousand Oaks 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.

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 ten (10) days after the mailing of this notice of intention, request a public hearing, and, if such a request is not received by the Community Development Director within such ten (10) day period, the Community Development Director 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 ten (10) day period denying 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 for a hearing at which your presence is not required. You may appear in person at any hearing requested by you or the owner of the vehicle or, in lieu thereof, may present a sworn written statement as aforesaid in time for consideration at such hearing.

DATED: CITY OF THOUSAND OAKS

By

Community Development Director

AFFIDAVIT OF SERVICE BY MAIL

STATE OF CALIFORNIA ) SS:

COUNTY OF VENTURA )

I, the undersigned, say: I am and was at all times herein mentioned a citizen of the United States and employed in the County of Ventura; my business address is , Thousand Oaks, California; that I am over the age of 18 years and not a party to the within action or proceeding; that on the day of , , I served the within (name of document) on , the owner of property on which an (or parts of an) abandoned, wrecked, dismantled, or inoperative vehicle is located, in said action, by depositing a true copy thereof, enclosed in a sealed envelope with postage thereon fully prepaid, certified mail, in a mailbox regularly maintained by the Government of the United States in Thousand Oaks, California, addressed to at the following address:

I certify (or declare) under penalty of perjury that the foregoing is true and correct.

Executed on , , at , California.

Form #2

CITY OF THOUSAND OAKS NOTICE OF INTENTION TO ABATE AND REMOVE AN ABANDONED, WRECKED, DISMANTLED, OR INOPERATIVE VEHICLE, OR PART 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 (section of municipal 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 Chapter 10, Title 5 of the Municipal Code of the City of Thousand Oaks.

You are hereby notified to abate said nuisance by the removal of said vehicle (or said parts of a vehicle) within ten (10) days from the date of 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 ten (10) days after the mailing of this notice of intention, request a public hearing, and, if such a request is not received by the Community Development Director within such ten (10) day period, the Community Development Director shall have the authority to abate and remove said vehicle (or said parts of a vehicle) without a hearing.

DATED: CITY OF THOUSAND OAKS

By

Community Development Director

AFFIDAVIT OF SERVICE BY MAIL

STATE OF CALIFORNIA ) SS:

COUNTY OF VENTURA )

I, the undersigned, say: I am and was at all times herein mentioned a citizen of the United States and employed in the County of Ventura; my business address is , Thousand Oaks, California; that I am over the age of 18 years and not a party to the within action or proceeding; that on the day of , , I served the within (name of document) on , the owner of property on which an (or parts of an) abandoned, wrecked, dismantled, or inoperative vehicle is located, in said action, by depositing a true copy thereof, enclosed in a sealed envelope with postage thereon fully prepaid, certified mail, in a mailbox regularly maintained by the Government of the United States in Thousand Oaks, California, addressed to at the following address:

I certify (or declare) under penalty of perjury that the foregoing is true and correct.

Executed on , , at , California.

(§ 2, Ord. 213-NS, eff. June 24, 1971)

Upon request by the owner of the vehicle or the owner of the land received by the Community Development Director within ten (10) days after the mailing of the notices of intention to abate and remove, a public hearing shall be held by the Community Development Director on the question of the abatement and removal 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 removal of the vehicle, or part thereof, against the property on which it is located. If the owner of the land submits a sworn written statement denying responsibility for the presence of the vehicle on his land within such ten (10) day period, such statement shall be construed as a request for a hearing which does not require his presence. Notice of the hearing shall be mailed, by registered mail, at least ten (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 a hearing is not received within ten (10) days after the mailing of the notice of intention to abate and remove, the City shall have the authority to abate and remove the vehicle, or part thereof, as a public nuisance without holding a public hearing.

(§ 2, Ord. 213-NS, eff. June 24, 1971)

All hearings held pursuant to the provisions of this chapter shall be held before the Community Development Director, who shall hear all facts and testimony he deems pertinent. Such facts and testimony may include testimony on the condition of the vehicle, or part thereof, and the circumstances concerning its location on the private property or public property. The Community Development Director 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.

The Community Development Director may impose such conditions and take such other action as he deems appropriate under the circumstances to carry out the provisions of this chapter. He may delay the time for the removal of the vehicle, or part thereof, if, in his opinion, the circumstances so justify. At the conclusion of the public hearing, the Community Development Director may find that a vehicle, or part 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 provided in this chapter, and determine the administrative costs and the costs of removal to be charged against the owner of the land. The order requiring removal shall include a description of the vehicle, or part thereof, and the correct identification number and license number of the vehicle, if available at the site.

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 Community Development Director 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.

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 Community Development Director but does not appear, such person shall be notified in writing of the decision.

(§ 2, Ord. 213-NS, eff. June 24, 1971)

Any interested person may appeal the decision of the Community Development Director by filing a written notice of appeal with the Community Development Director within five (5) days after his decision.

Such appeal shall be heard by the Council, which may affirm, amend, or reverse the order or take any other action deemed appropriate.

The City Clerk shall give written notice of the time and place of the hearing to the appellant and those persons set forth in Section 5-10.09 of this chapter.

In conducting the hearing the Council shall not be limited by the technical rules of evidence.

(§ 2, Ord. 213-NS, eff. June 24, 1971)

Five (5) days after the adoption of the order declaring the vehicle, or part thereof, to be a public nuisance, or five (5) days from the date of mailing of the notice of the decision, if such notice is required by the provisions of Section 5-10.11 of this chapter, or fifteen (15) days after such action of the Council authorizing removal following an appeal the vehicles, 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.

(§ 2, Ord. 213-NS, eff. June 24, 1971)

Within five (5) days after the date of the removal of the vehicle, or part thereof, notice shall be given to the Department of Motor Vehicles of the State identifying the vehicle, or part thereof, removed. At the same time there shall be transmitted to said Department of Motor Vehicles any evidence of registration available, including registration certificates, certificates of title, and license plates.

(§ 2, Ord. 213-NS, eff. June 24, 1971)

If the administrative costs and the costs of removal which are charged against the owner of a parcel of land pursuant to the provisions of Section 5-10.11 of this chapter are not paid within thirty (30) days after 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 the provisions of Section 38773.5 of the Government Code of the State and shall be transmitted to the Tax Collector for collection. Such assessment shall have the same priority as other City taxes.

(§ 2, Ord. 213-NS, eff. June 24, 1971)

It shall be unlawful for any person to abandon, park, store, or leave, or to permit the abandonment, parking, storing, or leaving of, any licensed or unlicensed vehicle, or part thereof, which is an abandoned, wrecked, dismantled, or inoperative condition upon any private property or public property, not including highways, within the City for a period in excess of thirty (30) days, unless such vehicle, or part 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 connection with the business of a licensed dismantler, licensed vehicle dealer, or junk yard.

(§ 2, Ord. 213-NS, eff. June 24, 1971, as amended by § XVII, Ord. 770-NS, eff. February 26, 1981)

It shall be unlawful for any person to fail or refuse to remove an abandoned, wrecked, dismantled, or inoperative vehicle, or part thereof, or to refuse to abate such nuisance when ordered to do so in accordance with the abatement provisions of this chapter or the laws of the State where such laws are applicable.

(§ 2, Ord. 213-NS, eff. June 24, 1971, as amended by § XVIII, Ord. 770-NS, eff. February 26, 1981)