Vallejo Municipal Code Ch. 7.64 Abandoned Vehicles

This chapter shall be known and may be cited as the vehicle abatement ordinance of the city of Vallejo.

(Ord. 1214 N.C. (2d) § 2, 1992.)

This chapter deals with the abatement and removal of abandoned, wrecked, dismantled or inoperative vehicles or parts thereof on private or public property. Before any lien attaches for towing and storage costs as a result of a vehicle being towed under authority of the vehicle code, the owner or person in charge of such vehicle shall have the right to a hearing to discuss the factual basis of the tow. The chief of police shall designate certain of his officers to serve as abandoned vehicle hearing officers, who shall be available on a twenty-four-hour basis. Such hearing officers shall be of a rank greater than the rank of the officer or police employee who ordered the tow to be made. Such hearing officers shall consider all relevant evidence brought forward by the person requesting the hearing. If the hearing officer determines that the vehicle was towed wrongfully or unlawfully, he shall order the person having custody of the vehicle to release it forthwith to the owner or other person requesting the hearing. If the vehicle was towed because of a wrongful or unlawful order by a city employee, the city shall recompense the person towing and storing the vehicle for his reasonable costs. The hearing established in this section must be requested within five days of the tow, unless good cause is established for delay. Nothing in this section shall require the city to pay the entire storage cost, if a vehicle was wrongfully or unlawfully towed, when the owner of the vehicle or other person unreasonably delays in requesting a hearing as established in this section. The person towing and storing abandoned, wrecked, dismantled or inoperative vehicles or parts thereof shall give notice of the provisions of this section to all persons seeking to reclaim their vehicles.

(Ord. 1214 N.C. (2d) § 3, 1992: Ord. 421 N.C. (2d) § 1, 1978.)

In addition to and in accordance with the determination made and authority granted by the state of California under Section 22660 of the California 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, 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 active nuisance creating a hazard to 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, 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 chapter.

(Ord. 1214 N.C. (2d) § 4, 1992: Ord. 42 N.C. (2d) § 1, 1971.)

As used in this chapter.

A. "Highway" means a way or place of whatever nature, publicly maintained or open to use of the public for purposes of vehicular traffic. "Highway" includes "street."

B. "Inoperative" means any vehicle in such condition, as a result of mechanical and/or structural defects, however caused, that it cannot be legally or actually driven under its own power. "Inoperative" also includes any vehicle that has not been, for more than six months, validly registered for operation or use on the highways and streets in the state as required under the provisions of Division 3 (commencing at Section 4000 et seq.) of the Vehicle code of the state.

C. "Owner of the land" means the owner of the land on which the vehicle, or parts thereof, is located as shown on the last equalized assessment roll.

D. "Owner of the vehicle" means the last registered owner and the last legal owner of record.

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

F. "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 station rails or tracks.

G. "Dismantled vehicle" means a vehicle that has had, intentionally or unintentionally, one or more critical parts removed for sixty days or more. A critical part is any part that is needed to safely operate the vehicle, including but not limited to a wheel or tire, windshield, door, side quarter panel, trunk, hood, roof, steering wheel, motor or transmission. A vehicle can be "dismantled" whether or not it is in an operative condition.

H. "Nonoperational" is a registration status issued by the Department of Motor Vehicles. Vehicles registered by the DMV as nonoperational cannot be driven, towed, stored or parked on public roads or highways. This status does not meet the registration requirements under this chapter, nor does it authorize or excuse any violation of this chapter in any way.

(Ord. 1248-A N.C. (2d) § 1, 1992: Ord. 1214 N.C. (2d) § 5, 1992: Ord. 296 N.C. (2d) § 1, 1975: Ord. 42 N.C. (2d) § 2, 1971.)

This chapter shall not apply to:

A. Any vehicle that is completely and lawfully enclosed within a building on private property so as not to be visible from the street or other public or private property; or to any vehicle displaying a special identification plate obtained from the State Department of Motor Vehicles under California Vehicle Code Section 5004 signifying that the vehicle is of historical or special interest; provided, that such a vehicle is maintained in a manner that does not constitute a health hazard, is located away from public view, or is screened from ordinary public or private view by means of a fence, trees, shrubbery or other suitable means.

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, or a junkyard; provided, however, that this exception shall not authorize the maintenance of a public or private nuisance as defined under provisions of law other than Chapter to (commencing with Section 22650) of Division 11 of the Vehicle Code, and this chapter.

(Ord. 1248-A N.C. (2d) § 2, 1992: Ord. 42 N.C. (2d) § 4, 1971.)

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. 42 N.C. (2d) § 5, 1971.)

Except as otherwise provided herein, the provisions of this chapter shall be administered and enforced by the city manager or by any employee of the city appointed by him and acting under his direction, or the California Highway Patrol, when designated by agreement entered into pursuant to California Vehicle Code Section 22665, provided that the city manager shall file a written confirmation of appointment with the city clerk. In the enforcement of this chapter, such officers and their 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 parts thereof declared to be a nuisance pursuant to this chapter.

(Ord. 365 N.C. (2d) § 1, 1977: Ord. 42 N.C. (2d) § 6, 1971.)

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. 42 N.C. (2d) § 7, 1971.)

The city council shall from time to time determine and fix an amount to be assessed as administrative costs, excluding the acts cost of removal of any vehicle or part thereof, under this chapter. Said determination of administrative costs shall include a determination of amounts to be reimbursed to the California Department of Highway Patrol for its administrative costs when such department is designated to administer or enforce any part of this chapter pursuant to Section 7.64.060.

(Ord. 365 N.C. (2d) § 2, 1977: Ord. 42 N.C. (2d) § 8, 1971.)

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 won in lawful possession or control of the property.

C. Any person convicted of a violation of this section shall tae punished by a fine of not less than one hundred dollars and shall provide proof to the court 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 costs of removal and disposition of the vehicle have been paid shall not be required if the proof is provided to the court that the vehicle was stolen prior to abandonment.

E. The costs required to be paid for the removal and disposition of any vehicle determined to be abandoned pursuant to California Vehicle Code Section 22669 shall not exceed those for towing and seven days storage. This subsection does not apply if the registered owner or legal owner has completed and returned to the lienholder a declaration of opposition form within the time specified in California Vehicle Code Section 22851.8.

(Ord. 1214 N.C. (2d) 7, 1992.)

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 city manager or his designated representative shall have the authority to cause the abatement and removal thereof in accordance with the procedure prescribed herein.

(Ord. 42 N.C. (2d) § 9, 1971.)

A. The city manager or the manager's representative shall notify the owner of the real property and the owner of the vehicle, unless the vehicle is in such condition that identification numbers are not available to determine ownership, to abate and remove the vehicle, or parts thereof, as a public nuisance. The form of the notice shall as is prescribed by the city manager or the manager's representative, and approved by the city attorney.

B. With respect to the owner of the real property upon which the vehicle, or parts thereof, is located, the notice shall be sent by certified or registered mail and shy be deposited in the United States Post Office at Vallejo, California, with postage thereon fully prepaid, addressed to the person or persons listed as the owner of the real property in the most current equalized assessment roll of Solano County, including updated computer printouts, available to the city at the time notice is prepared, at his or their last known place of address as shown therein.

C. With respect to the owner of the vehicle, the notice shall be sent by certified or registered mail and shall be deposited in the United States Post Office at Vallejo, California, with postage thereon fully prepaid, addressed to the person or persons listed as the owner of the vehicle according to the most current information provided to the city from the State Department of Motor Vehicles at the time notice is prepared at his or their last known place of address as provided by the Department of Motor Vehicles.

D. If no address can be found for either the owner of the real property, or the owner of the vehicle, and none is otherwise available to the city manager or the manager's representative, then the notice shall be securely affixed to the real property at such a location thereon as to be most likely observed by any person entering the property, and to the vehicle, or parts thereof. Service of notice by posting the property and the vehicle shall be deemed complete for purposes of this chapter ten days after the notice is actually affixed to the property and the vehicle.

E. In any instance where mailed notice is returned by the postage service undelivered and the city manager or the manager's representative has no further information as to a current mailing address for that person, the service of notice shall be accomplished by posting the property and the vehicle in the manner prescribed hereinabove.

(Ord. 1013 N.C. (2d) § 1, 1989: Ord. 42 N.C. (2d) § 10, 1971.)

A. Within ten days after the notice of intention to abate and remove is received and/or posted, as provided in Section 7.64.100, the owner of the vehicle or the owner of the real property may request in writing a public hearing thereon. A public hearing shall be held by the abandoned vehicle hearing board 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.

B. If the owner of the land submits a sworn, written statement denying responsibility for the presence of the vehicle on the land within such ten-day period, said statement shall be construed as a request for a hearing which does not require his presence.

C. Notice of the hearing shall be mailed by the city manager or the manager's representative via registered mail at least ten days before the hearing date to the owner of the real property and to the owner of the vehicle, unless the vehicle is in such condition that identification numbers are not available to determine ownership.

D. If a request for a public hearing is not received by the city within ten days after the notice of intention to abate and remove is received or posted, as provided in Section 7.64.100, the city shall have the authority to abate and remove the vehicle or parts thereof as a public nuisance without holding a public hearing, upon the written order of the city manager or the manager's representative, a copy of which order shall be filed with the city clerk.

(Ord. 1013 N.C. (2d) § 2, 1989: Ord. 42 N.C. (2d) § 11, 1971.)

A. All hearings as provided in Section 7.64.110 shall be held before the abandoned vehicle hearing board, which shall hear all facts and testimony it deems pertinent. Said facts and testimony may include the testimony on the condition of the vehicle or parts thereof and the circumstances concerning its location on the private property or public property. The board 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 board may impose such conditions and take such other action as it deems appropriate under the circumstances to carry out the purpose of this chapter. It may delay the time for removal of the vehicle or parts thereof if, in its opinion, the circumstances justify it. At the conclusion of the public hearing, the board 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 order requiring removal shall include a deception of the vehicle or parts thereof and the correct identification number and license number of the vehicle, if available at the site, and a copy shall be filed with the city clerk.

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 board 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 board but does not appear, he shall be notified in writing of the decision.

(Ord. 1013 N.C. (2d) § 3, 1989; Ord. 42 N.C. (2d) § 12, 1971.)

A. Any interested party may appeal the decision of the abandoned vehicle hearing board by filing a written notice of appeal with the board within seven days after its decision.

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

C. The city clerk shall give written notice of the time and place of the hearing to the appellant and those persons specified in Section 7.64.100.

D. In conducting the hearing, the city council shall not be limited by the technical rules of evidence. The decision of the city council shall be final and conclusive.

(Ord. 42 N.C. (2d) § 13, 1971.)

The vehicle or parts thereof may be disposed of by removal to a scrapyard or automobile dismantler's yard:

A. Ten days after the adoption of the order declaring the vehicle or parts thereof to be a public nuisance as provided in Section 7.64.110; or

B. Ten days from the date of mailing the notice of the decision if such notice is required by Section 7.64.120; or

C. Five days after such action of the city council authorizing removal following appeal, as provided in Section 7.64.130.

(Ord. 1013 N.C. (2d) § 4, 1989: Ord. 365 N.C. (2d) § 3, 1977: Ord. 42 N.C. (2d) § 14, 1971.)

A towing company shall not remove a vehicle from private property without first obtaining written authorization from the property owner or lessee; an employee or agent thereof; the registered vehicle owner; or by the city manager, or any employee of the city appointed by him and acting under his direction. The party giving such authorization shall be present at the time of removal. General authorization to remove vehicles at the towing company's discretion shall not be delegated to a towing company or its affiliates except in the case of a vehicle unlawfully parked within fifteen feet of a fire hydrant or in a fire lane, or in a manner which interferes with any entrance to, or exit from, the private property.

(Ord. 1214 N.C. (2d) § 8, 1992.)

Within five days after the date of removal of the vehicle or parts thereof, notice shall be given to the Department of Motor Vehicles 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. 42 N.C. (2d) § 15, 1971.)

Whenever an officer or employee removing a vehicle does not know and is not able to ascertain the name of the owner or for any other reason is unable to give notice to the owner, the officer or employee shall immediately notify, or cause to be notified, the Department of Justice, Stolen Vehicle System, of its removal.

(Ord. 1214 N.C. (2d) § 9, 1992.)

If the administrative costs and the cost of removal which are charged against the owner of a parcel of land pursuant to Section 7.64.120 are not paid within thirty days of 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 Section 38773.5 of the Government Code and shall be transmitted to the tax collector for collection. Said assessment shall have the same priority as other city taxes.

(Ord. 42 N.C. (2d) § 16, 1971.)

A. It is unlawful for any person to fail or to 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.

B. It is unlawful for any person who has previously had any accordance with the provisions of this chapter, excepting the owner of land exonerated pursuant to Section 7.64.120(C), to abandon, park, store, or leave or permit the abandonment, parking, storing or leaving of any licensed or unlicensed vehicle, or part thereof, which is in an abandoned, wrecked, dismantled or inoperative condition upon any private property or public property within the city 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 property, or unless such vehicle is stored or parked in a lawful manner on private property in conjunction with a business of a licensed dismantler, licensed vehicle dyer, or a junkyard.

C. Any vehicle previously abated in accordance wit this chapter may be summarily abated and removed by the city manager or the manager's representative if the vehicle is in an abandoned, wrecked, dismantled or inoperative condition upon any private property or public property within the city 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 conjunction with a business of a licensed dismantler licensed vehicle dealer, or a junkyard.

(Ord. 1214 N.C. (2d) § 6, 1992: Ord. 1013 N.C. (2d) § 5, 1989: Ord. 347 N.C. (2d) § 5, 1976: Ord. 296 N.C. (2d) § 2, 1975: Ord. 42 N.C. (2d) § 17, 1971.)