Tiburon Municipal Code Art. V Abatement and Removal of Abandoned or Inoperative Vehicles

(a) In addition to and in accordance with the determination made and the authority granted by the state of California under section 22660 of the Vehicle Code to remove abandoned, wrecked, dismantled or inoperative vehicles or parts thereof as public nuisances, the town council makes the following findings and declarations.

(b) The accumulation and storage of abandoned, wrecked, dismantled or inoperative vehicles or parts thereof on private or public property 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 harboring 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 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 article.

(Ord. No. 423 N.S., § 2 (part))

For purposes of this article, the following words and phrases shall have the meanings set forth below:

"Abandonment" of a vehicle means allowing a vehicle to be left parked or standing upon a highway for a period of seventy-two or more hours without moving the vehicle a distance equivalent to at least the length of the vehicle.

"Highways" 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.

"Inoperative vehicle" means a vehicle that cannot be moved under it own power or vehicle not currently registered with the Department of Motor Vehicles excluding those vehicles that have been filed as nonoperational status.

"Public property" includes "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. No. 423 N.S., § 2 (part))

(a) The abandonment of any vehicle in a manner as provided in Vehicle Code section 22523 shall constitute a prima facie presumption that the last registered owner of record is responsible for abandonment and is thereby liable for the cost of removal and disposition of the vehicle.

(b) An owner who has made a bona fide sale or transfer of a vehicle and has delivered possession of the vehicle to a purchaser may overcome the presumption prescribed in subsection (a) of this section by demonstrating that he or she has complied with Vehicle Code section 5900 or providing other proof satisfactory to the court.

(Ord. No. 423 N.S., § 2 (part))

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

(b) Nothing in this article 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 article.

(Ord. No. 423 N.S., § 2 (part))

This article is not the exclusive means of regulating abandoned, wrecked, dismantled or inoperative vehicles within the town. It shall supplement and be in addition to the other regulatory codes, statutes and ordinances heretofore or hereafter enacted by the town, the state, or any other legal entity or agency having jurisdiction, including but not limited to Vehicle Code sections 22662, 22664, 22670, 22850.3, 22851, 22851.3 and 22855 as they currently read or as may be amended in the future.

(Ord. No. 423 N.S., § 2 (part))

Except as otherwise provided herein, the provisions of this article shall be administered and enforced by the chief of police. In the enforcement of this article, the chief and his designees 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 article.

(Ord. No. 423 N.S., § 2 (part))

When the town council has contracted with or granted a franchise to any person or persons, for the removal or towing of vehicles, 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 article.

(Ord. No. 423 N.S., § 2 (part))

The town 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 article. Costs of abatement of an abandoned vehicle upon a parcel of land may be collected by special assessment against that parcel. The assessment may be collected at the same time and in the same manner as ordinary municipal taxes are collected, and shall be subject to the same penalties and the same procedure and sale in case of delinquency as provided for ordinary municipal taxes. All laws applicable to the levy, collection and enforcement of municipal taxes shall be applicable to such special assessment, including but not limited to Government Code section 38773.5, upon entry of a second or subsequent civil or criminal judgment within a two-year period finding that an owner of property is responsible for a condition that may be abated in accordance with this chapter.

(Ord. No. 423 N.S., § 2 (part))

(a) A public hearing shall be held on the question of 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. Notice of hearing shall be mailed at least ten days before the hearing by certified mail, with a five-day return requested, to the owner of the land as shown on the last equalized record 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. If any of the foregoing notices are returned undelivered by the United States post office, the hearing shall be continued to a date not less than ten days from the date of such return. The notice shall inform the property owner of his rights for a hearing including the fact that the owner may appear in person or submit a sworn written statement denying responsibility for presence of the vehicle on his property.

(b) Notice of hearing shall be given to the California Highway Patrol and the Department of Justice, identifying the vehicle or part thereof proposed for removal within five days after the date of removal. At the same time there shall be transmitted to the Department of Motor Vehicles any evidence or registration available, including registration certificates, certificates of title and license plates according to the provisions of Vehicle Code section 22852. The Department of Justice shall be notified upon the removal of the vehicle according to the provisions of Vehicle Code section 22853.

(Ord. No. 423 N.S., § 2 (part))

(a) All hearings under this article shall be held before the chief of police or his designee, who shall hear all facts and testimony deemed 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 chief 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 the reasons for such denial.

(b) The chief of police may impose such conditions and take such other action as deemed appropriate under the circumstances to carry out the purpose of this article. He may delay the time for removal of the vehicle or part thereof if the circumstances justify it. At the conclusion of the public hearing, the chief of police 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 hereinafter provided and determine the administrative costs and the cost of removal to be charged against the owner of the parcel of land on which the vehicle or part thereof is located. 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.

(c) If it is determined at the hearing that the vehicle was placed on the land without the consent of the land owner and that he has not subsequently acquiesced in its presence, the chief shall not assess 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 land owner.

(d) If an interested party makes a written presentation to the chief but does not appear, that person shall be notified in writing of the decision.

(e) The decision of the chief of police shall be final and conclusive.

(Ord. No. 423 N.S., § 2 (part))

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

(Ord. No. 423 N.S., § 2 (part))

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. No. 423 N.S., § 2 (part))

The chief of police shall mail to the owner of the land, by certified mail, at the address shown on the last equalized assessment roll, a copy of the written report showing the cost of removal and administrative costs.

(Ord. No. 423 N.S., § 2 (part))

If the administrative costs and the cost of removal which are charged against the owner of a parcel of land pursuant to section 23-11 are not paid within thirty days of the date of the order, such costs shall be assessed against the parcel pursuant to Government Code section 38773.5 and shall be transmitted to the tax collector for collection. Such assessment shall have the same priority as other town taxes.

(Ord. No. 423 N.S., § 2 (part))

(a) No person shall abandon a vehicle upon any highway.

(b) No person shall abandon a vehicle upon public or private property without the express or implied consent of the owner or person in lawful possession or control of the property.

(c) Any person convicted of a violation of this section shall be punished by a fine of not less than one hundred dollars and shall provide proof that the costs of removal and disposition of the vehicle have been paid. No part of any fine imposed shall be suspended. The fine may be paid in installments if the court determines that the defendant is unable to pay the entire amount in one payment.

(d) Proof that the cost of removal and disposition of the vehicle have been paid shall not be required if proof is provided to the court that the vehicle was stolen prior to abandonment. That proof may consist of a police report or other evidence acceptable to the court.

(e) The costs required to be paid for the removal and disposition of any vehicle determined to be abandoned pursuant to Vehicle Code section 22669 shall not exceed those for towing and seven days of storage. This subdivision does not apply if the registered owner or legal owner has completed and returned to the lien holder a "declaration of opposition" form within the time specified in Vehicle Code section 22851.8.

(Ord. No. 423 N.S., § 2 (part))

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

(Ord. No. 423 N.S., § 2 (part))