Visalia Municipal Code Ch. 10.32 Abandoned Vehicles

It is unlawful and a misdemeanor for any person 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 inoperative, abandoned, wrecked, or dismantled condition upon any private property or public property not including highways within the city for a period in excess of ten days unless such vehicle or part thereof is completely enclosed within a building or located behind a solid fence six feet in height in a lawful manner where it is not plainly visible from the street or other public or private property, or unless such vehicle is store or parked in a lawful manner on private property in connection with the business of a licensed dismantler, licensed vehicle dealer or a junk yard. (Prior code § 4080)

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 inoperative, abandoned, wrecked, or dismantled vehicles or parts thereof as public nuisances, the city council of the city makes the following findings and declarations:

A. The accumulation and storage of inoperative, abandoned, wrecked or dismantled 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 a harborage for rodents and insects and to be injurious to the health, safety and general welfare. Therefore, the presence of an inoperative, abandoned, wrecked or dismantled 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. (Prior code § 4082(part))

As used in this chapter:

“Highway” means a way or place of whatever nature, public maintained and open to the use of the public for purposes of vehicular travel. Highway includes streets.

“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.

“Owner of the vehicle” means the last registered owner and legal owner of record.

“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. (Prior code § 4082 (part))

A. This chapter shall not apply to:

1. A vehicle or part thereof which is completely within a building in a lawful manner where it is not visible from the street or other public or private property; or located behind a solid fence six feet in height where it is not visible from the street or other public or private property;

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 a junkyard.

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. (Prior code § 4083)

This chapter is not the exclusive regulation of inoperative, abandoned, wrecked or dismantled 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. (Prior code § 4084)

Except as otherwise provided herein, the provisions of the chapter shall be administered and enforced by the housing and economic development director or his or her designee, hereinafter referred to as "enforcement officer". In the enforcement of this chapter such enforcement officer and his or her 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 this chapter.

(Ord. 2009-05 § 2, 2009; Prior code § 4085)

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. (Prior code § 4086)

The enforcement officer shall keep an accounting of the costs of abating any such nuisance. Such costs may be recovered as administrative costs under this chapter and, together with the costs incurred for the removal of the vehicle or parts thereof, may become a special assessment against the parcel of said land pursuant to Section 22660 of the California Vehicle Code and Section 38773.5 of the California Government Code. In the event a civil lawsuit is filed to enforce these provisions, then the prevailing party shall be entitled to recover reasonable attorney's fees and all costs.

(Ord. 2009-05 § 3, 2009;Prior code § 4087)

A. Upon discovering the existence of an inoperative, abandoned, wrecked or dismantled vehicle, or part thereof, on private property or public property within the city, the enforcement officer shall have the authority to cause the abatement and removal thereof in accordance with the procedure described herein. A ten day notice of intention to abate and remove the vehicle, or part thereof, as a public nuisance shall be mailed by registered or certified 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.

B. The ten day notice of intention to abate or remove shall contain a statement of the hearing rights of the owner of the land and owner of the vehicle, including the right of the owner of the land to appear in person at a hearing on the question of abatement and removal, or to submit 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. (Ord. 2009-05 § 4, 2009; Prior code § 4088)

A. Upon request by the owner of the vehicle or owner of the land, either received by the enforcement officer within ten days after the mailing of the notices of intention to abate and remove are made at the time of signing a release waiving any interest in the vehicle, or parts thereof, a public hearing shall be held before an administrative hearing officer appointed pursuant to Visalia Municipal Code Chapter 1.13. Requests for appeal by the owner of the vehicle or owner of the land shall be made pursuant to Visalia Municipal Code Section 1.13.080. The hearing shall decide issues related to whether sufficient grounds under this Chapter 10.32, existed to abate and remove the vehicle, or part thereof, as an inoperative, abandoned, wrecked or dismantled 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.

B. 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 day period, such statement shall be construed as a request for a hearing within such ten day period which does not require his presence. Notice of the hearing shall be mailed, by registered mail, at least ten 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 days after 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. (Ord. 2009-05 § 5, 2009; Prior code § 4089)

A. All hearings under this chapter shall be held before the hearing officer appointed pursuant to Visalia Municipal Code Chapter 1.13. The hearing officer shall hear all facts and testimony he or she deems pertinent. Said facts and testimony may include testimony on the condition that the vehicle or part thereof and the circumstances concerning its location on the said private property or public property. The hearing officer shall not be limited by the technical rules of evidence. The owner of the land on which the vehicle or part thereof is located 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 or her reasons for such denial.

B. The hearing officer may impose such conditions and take such other action as he or she deems appropriate under the circumstances to carry out the purpose of this chapter. He or she may delay the time for removal of the vehicle or part thereof if, in his or her opinion, the circumstances justify it. At the conclusion of the public hearing the hearing officer may find that a vehicle or a part thereof is inoperative, abandoned, wrecked or dismantled 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 that the administrative costs and the costs of removal be charged against the owner of the 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 vehicle 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 landowner and he has not subsequently acquiesced in its presence, the hearing officer 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 landowner. (Ord. 2009-05 § 6, 2009; Prior code § 4090)

Five days after the order declaring the vehicle or part thereof to be a public nuisance, or five days from the date of mailing of notice of the decision of such hearing, the vehicle or parts thereof may be disposed 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. (Prior code § 4091)

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. (Prior code § 4092)

If the administrative costs and cost of removal which are charged against the owner of a parcel of land pursuant to Section 10.32.110 are not paid within thirty (30) days 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. (Prior code § 4093)

A. It is unlawful and a misdemeanor for any person to fail or refuse to remove an inoperative, abandoned, wrecked or dismantled vehicle or part thereof or refuse to abate such wrecked or dismantled vehicle or part thereof or refuse to abate such nuisance when ordered to do so in accordance with the abatement provisions of this chapter or state law where such law is applicable. Notwithstanding the classification of a violation of this chapter as a misdemeanor, at the time an action is commenced to enforce the provisions of this chapter, the trial court, upon recommendation of the prosecuting attorney, may reduce the charged offense from a misdemeanor to an infraction pursuant to Section 19(c) of the California Penal Code.

B. Any person convicted of a misdemeanor under this chapter shall be punished by: (1) a fine not to exceed five hundred dollars ($500.00) and/or thirty (30) days in the county jail for a first violation; (2) a fine not exceeding one thousand dollars ($1,000.00) and/or ninety (90) days in the county jail for a second violation of this chapter within one year; and (3) a fine not exceeding two thousand five hundred dollars ($2,500.00) and/or six months in the county jail for each additional violation of this chapter within one year. Each day that a violation continues shall be regarded as a new and separate offense.

C. Any person convicted of any infraction of this chapter shall be punished by: (1) a fine not exceeding fifty dollars ($50.00) for a first violation; (2) a fine not exceeding one hundred dollars ($100.00) for the second violation of this chapter within one year; and (3) a fine not exceeding two hundred fifty dollars ($250.00) for each additional violation of this chapter within one year. Each day that a violation continues shall be regarded as a new and separate offense. (Prior code § 4081)