Tulare Municipal Code Ch. 7.29 Abandoned, Wrecked, Dismantled, or Inoperative Vehicles on Private Property

In addition to and in accordance with the determination made and the authority granted by the State of California, under Cal. Vehicle Code § 22660, to remove abandoned, wrecked, dismantled, or inoperative vehicles or parts thereof as public nuisances, the City Council makes the following declarations: The accumulation and storage of abandoned, wrecked, dismantled or inoperative vehicles or parts thereof on private or public property 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 including highways, except as expressly herein permitted, is hereby declared to constitute a public nuisance which may be abated as such in accordance with the provisions of this chapter.

(Ord. 2024-01, passed 3-19-2024)

Except where the context otherwise requires, the following definitions shall govern the construction of this chapter.

ABANDONED VEHICLE. Any vehicle, which has been left on private property or public property in such inoperable or neglected condition that the owner's intention to relinquish all further rights or interests in it may be reasonably concluded; except, if the vehicle is stored as provided in § 7.29.030(B) of the city code. A vehicle shall not be considered abandoned if it is on property owned or occupied by the owner of the vehicle.

ADMINISTRATIVE COSTS. The costs to the city, and to the county when acting on behalf of the city pursuant to an agreement of performing the acts required under this chapter, except the actual removal of the vehicle. The City Council may, from time to time, by resolution, determine the administrative costs for the removal of each vehicle removed by the city if the vehicle is removed without a hearing pursuant to § 7.29.100 of this chapter. When the acts required by this chapter are performed by the county acting on behalf of the city, the administrative costs, if the vehicle is removed without a hearing, shall be that amount to be determined from time to time by the Board of Supervisors to be the administrative costs of removal of abandoned vehicles from unincorporated areas of Tulare County rather than the amount determined by the City Council. ln those cases in which the City Manager, or designee, conducts a hearing pursuant to § 7.29.110 of this chapter, they shall fix and determine the administrative costs which shall be the actual cost of performing acts pertaining to the specific vehicle which is the subject of the hearing.

COST OF REMOVAL. The actual cost to the city of having the vehicle removed. The City Council may, from time to time, by resolution, determine the cost of removal.

DISMANTLED VEHICLE. Any vehicle that is partially or wholly disassembled.

H1GHWAY. A way or place of whatever nature, publicly maintained and open to the use of the public for purposes of vehicular travel. The term HIGHWAY includes “streets.”

INOPERATIVE VEHICLE. Any motor vehicle designed to be operated on a public roadway that cannot be moved under its own power, and which is not currently registered for operation with the California Department of Motor Vehicles. A Planned Non-Operation (PNO) will be recognized as current registration.

PUBLIC PROPERTY. Includes "highway."

VEHICLE. 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. The term VEHICLE also includes any part or portion of a vehicle which is less than a whole vehicle, and all of the provisions of this chapter apply to a part or portion of a vehicle which is less than a whole vehicle.

WRECKED VEHICLE. A vehicle which has been wrecked, or which lacks an engine, transmission, wheels, tires, doors, windshield, or any other part or equipment necessary to operate safely on the highways of this state.

(Ord. 2024-01, passed 3-19-2024)

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. Nothing in this section shall authorize the maintenance of a public or private nuisance as defined under provisions of law other than Cal. Vehicle Code Chapter 10 (commencing with § 22650) of Division 11.

(Ord. 2024-01, passed 3-19-2024)

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. 2024-01, passed 3-19-2024)

Except as otherwise provided herein, the provisions of this chapter shall be administered and enforced by the City Manager, or designee, and the employees in the City Manager's Department or other persons authorized by the City Manager to administer and enforce this chapter.

(Ord. 2024-01, passed 3-19-2024)

(A) The City Manager, or designee, or the employees in the City Manager's Department and other persons authorized by the City Manager may enter upon private or public property to examine a vehicle and to obtain information as to the ownership and identity of a vehicle when enforcing this chapter only with the consent of the owner or tenant unless a written order from the court has been issued.

(B) If the city enters into a contract with any person to remove or cause the removal of vehicles which have been declared to be public nuisances pursuant to this chapter, the person may enter upon private or public property to remove the vehicles.

(C) Every person is guilty of a misdemeanor who in any way denies, obstructs, or hampers the entrance of the persons mentioned in this section upon private or public property to carry out the aforementioned duties or who denies, obstructs, or hampers the performance of the duties by the persons after they have entered the property.

(Ord. 2024-01, passed 3-19-2024)

If it appears to the City Manager, or designee, that an abandoned, wrecked, dismantled, or inoperative vehicle is located on private or public property, they may follow such administrative procedures to secure voluntary removal of the vehicle as appear advisable in each individual case prior to giving a notice of intention to abate pursuant to § 7.29.070 of this chapter.

(Ord. 2024-01, passed 3-19-2024)

If the City Manager, or designee, cannot secure voluntary removal of the vehicle, pursuant to § 7.29.070 of this chapter, they shall give written notice of intention to abate and remove the vehicle. The 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 they 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 the reasons for the denial, in lieu of appearing. The notice of intention to abate shall be mailed, by certified mail, to the owner of the land as shown on the last equalized assessment roll and to the last registered and legal owners of record of the vehicle unless the vehicle is in such condition that identification numbers are not available to determine ownership.

(Ord. 2024-01, passed 3-19-2024)

The registered or legal owner of the vehicle or the owner of the land on which the vehicle is located may request a hearing on the question of abatementand removal of the abandoned, wrecked, dismantled, or inoperative vehicle and on the question of assessment of the administrative costs and cost of removal against the property on which it is located. The request for a hearing shall be in writing and shall be filed with the City Manager, or designee, not more than ten days after the date on which the notice of intention described in § 7.29.080 of this chapter was mailed by the City Manager, or designee. If the owner of the land on which the vehicle is located files with the City Manager, or designee, a sworn statement denying responsibility for the presence of the vehicle on his or her land within the ten-day period, the statement shall be construed as a request for a hearing which does not require the presence of the owner submitting the request.

(Ord. 2024-01, passed 3-19-2024)

If no hearing is requested within the time limit specified in § 7.29.090 of this chapter, the City Manager, or designee, shall cause the vehicle to be removed and taken to a junk yard, automobile dismantling yard, or refuse disposal site. Except as otherwise provided in § 7.29.190 of this chapter, when no hearing has been requested, the owner shall be required to pay the administrative costs, as determined by the City Council, and the cost of removal, as determined by the City Council in accordance with § 7.29.020 of this chapter. The City Manager, or designee, shall send a request for payment of the costs to the owner of the property by regular mail and if he or she does not pay the costs within 30 days after the date on which the letter was mailed, the procedure set forth in § 7.29.180(C) of this chapter shall be followed.

(Ord. 2024-01, passed 3-19-2024)

lf a public hearing has been requested in accordance with the provisions of § 7.29.090 of this chapter, a public hearing shall be held on the question of abatement and removal of a vehicle as an abandoned, wrecked, dismantled, or inoperative vehicle and the assessment of the administrative costs and cost of removal against the property on which it is located. The City Manager, or designee, shall cause notices of the time and place of the hearing to be sent by regular mail to the owner of the land as shown on the last equalized county assessment roll and to the last registered and legal owners of record of the vehicle unless the vehicle is in such condition that identification numbers are not available to determine ownership. The notices shall be mailed at least ten days before the date of the hearing.

(Ord. 2024-01, passed 3-19-2024)

The public hearings under this chapter shall be conducted by the City Manager, or designee. The City Manager, or designee, shall hear all pertinent evidence offered by all interested persons, including testimony on the condition of the vehicle and the circumstances concerning its location on private property or public property. The technical rules of evidence shall not be applicable to the hearing. The owner of the land on which the vehicle is located may appear in person at the hearing or present a sworn written statement for consideration at the hearing. The owner of the land may deny responsibility for the presence of the vehicle on the land, with their reasons for the denial.

(Ord. 2024-01, passed 3-19-2024)

(A) At the conclusion of the public hearing, the City Manager, or designee, may find that a vehicle 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. The City Manager, or designee, may also determine the amount of the administrative costs, in accordance with §§ 7.29.020 and 7.29.190 of this chapter, and may determine that all or a portion of the administrative costs and the cost of removal are to be charged against the owner of the land on which the vehicle is located.

(B) If it is determined by the City Manager, or designee, that the vehicle was placed on the land without the consent of the landowner and that he or she was not subsequently acquiesced in its presence, the City Manager, or designee, shall not assess administrative costs or the cost of removal of the vehicle against the property upon which the vehicle is located or otherwise attempt to collect the costs from the landowner.

(C) The City Manager, designee, may impose such conditions and take such other action as he or she deems appropriate under the circumstances to carry out the purposes of this chapter. The City Manager, or designee, may delay the time for removal of the vehicle if, in their opinion, the circumstances justify it.

(D) The City Manager, or designee, shall give written notice of their decision to all of the interested persons to whom the notice of hearing was mailed.

(Ord. 2024-01, passed 3-19-2024)

Within ten days, excluding Saturdays, Sundays, and legal holidays, after notice of the decision of the City Manager, or designee, has been mailed to the interested parties, any person affected by the decision may file with the City Clerk a written notice of appeal from the decision. The City Council shall thereafter set the matter for hearing. The City Clerk shall give written notice of the hearing to all of the persons mentioned in § 7.29.110 of this chapter. At the time and place set for the hearing, the City Council shall hear the matter de novo and all of the provisions of § 7.29.120 of this chapter shall be applicable to the hearing. The decision of the City Council after the hearing upon the appeal is final and conclusive as to all things involved in the matter. The City Clerk shall give written notice of the decision of the City Council to all of the persons to whom notice of the hearing was mailed.

(Ord. 2024-01, passed 3-19-2024)

(A) At any time after the City Manager, or designee, orders an abandoned, wrecked, dismantled, or inoperative vehicle to be removed pursuant to § 7.29.130 of this chapter, any interested party may cause the vehicle to be removed. lf the City Manager, or designee, has assessed administrative costs and the cost of removal against the property on which the vehicle is located, and the vehicle is voluntarily removed without cost to the city, only the administrative costs shall thereafter be collected from the owner of the land.

(B) If no appeal has been filed and the vehicle has not been removed within ten days, excluding Saturdays, Sundays, and legal holidays, after the notice of the decision of the City Manager, or designee, was mailed to the interested parties, the City Manager, or designee, shall cause the vehicle to be removed and taken to a junk yard, automobile dismantling yard, or refuse disposal site.

(C) If an appeal has been filed, and the vehicle had not been removed within ten days, excluding Saturdays, Sundays, and legal holidays, after the notice of the decision of the City Council was mailed to the interested parties, the City Manager, or designee, shall cause the vehicle to be removed and taken to a junk yard, automobile dismantling yard, or refuse disposal site.

(Ord. 2024-01, passed 3-19-2024)

After a vehicle has been removed pursuant to the provisions of this chapter, it shall not thereafter be reconstructed or made operable.

(Ord. 2024-01, passed 3-19-2024)

Within five days after the date of removal of the vehicle pursuant to the provisions of this chapter, the City Manager, or designee, shall give notice of the removal to the Department of Motor Vehicles of the State of California identifying the vehicle removed and transmit to the Department any evidence of registration available, including, but not limited to, registration certificates, certificates of title, and license plates.

(Ord. 2024-01, passed 3-19-2024)

(A) If the City Manager, or designee, has caused the vehicle to be removed from the property and has assessed administrative costs and the cost of removal against the owner of the property on which the vehicle is located, they shall mail a notice to the owner of the property of the total costs to be paid by the owner of the property.

(B) If any interested party has caused the vehicle to be removed from the property without cost to the city and the City Manager, or designee, has previously assessed administrative costs and the cost of removal against the owner of the property on which the vehicle is located, the City Manager, or designee, shall mail a notice to the owner of the property of the administrative costs to be paid by the owner of the property.

(C) If the costs referred to in divisions (A) and (B) above are not paid within 30 days after the date on which the notice referred to therein is mailed to the owner of the property, the City Council may direct the County Auditor to place the unpaid costs on the city tax roll as a special assessment against the property pursuant to Cal. Gov't Code § 38773.5.

(Ord. 2024-01, passed 3-19-2024)

(A) The City Council may, from time to time, enter into agreements with the State of California, through the California Highway Patrol, or such other agency of the state as shall be designated by the state, providing that the state shall pay all, or any portion, of the administrative costs. The City Council may, from time to time, determine, by resolution, whether the payment agreed upon is sufficient to pay all, or only a portion, of the costs of administration.

(B) Whenever the city has entered into an agreement with the county for the performance by the county of such acts as under this chapter may be delegated to the county, the county may contract with the state for the payment to the county of such administrative costs for the removal of vehicles removed within the city. ln such case if the county determines whether payments received from the state for removal of abandoned vehicles are sufficient to pay all, or only a portion, of the administrative cost, that determination shall apply also to payments of administrative costs of removal of vehicles within the city.

(C) Except where administrative costs are determined by the City Manager, or designee, at a hearing, the amount assessed against an owner of land pursuant to §§ 7.29.130 and 7.29.180 of this chapter shall be limited to the portion of the administrative cost found to be not covered by such an agreement with the State of California and the cost of removal. This limitation on the assessment shall apply to all cases assessed while such a resolution is in effect. However, the limitation shall not apply to cases in which the written notice of intention to remove was mailed prior to the effective date of the resolution and the resolution increases the amount assessable.

(D) Any cost of removal incurred shall be paid by the city out of its general fund.

(Ord. 2024-01, passed 3-19-2024)