Williams Municipal Code Art. IV Abandoned, Wrecked or Inoperative Vehicles

In addition to, and in accordance with, the authority granted by California Vehicle Code Section 22660, the city council makes the following findings and declarations with respect to the removal of abandoned, wrecked, dismantled or inoperative vehicles or parts thereof as public nuisances:

A. The accumulation and storage of abandoned, wrecked, dismantled or inoperative vehicles or parts thereof on private or public property within the city, not 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 abandoned, wrecked, dismantled or inoperative vehicle or parts thereof, on private or public property within the city, not 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 chapter.

B. As used in this chapter:

1. "Appraiser" means a person designated as having the authority to make appraisals of the value of vehicles pursuant to California Vehicle Code Section 22855 and includes such employees of the city designated by the city council to perform this function. The police chief, or his or her designee, are designated by the city council as appraisers pursuant to California Vehicle Code Section 22855.

2. "Highway" 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.

3. "Inoperative" shall have the meaning provided in Article I of this chapter.

4. "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 of Colusa County.

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

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

7. "Sworn statement" shall be one made and executed by the declarant under penalty of perjury of the laws of the State of California.

8. "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. 153-06 § 1(part), 2006; Ord. 151-06 § 1(part), 2006)

This article shall not apply to:

A. A vehicle, or parts 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 parts 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 Chapter 10 (commending with Section 22650) of Division 11 of the Vehicle Code and this chapter.

(Ord. 153-06 § 1(part), 2006; Ord. 151-06 § 1(part), 2006)

Except as otherwise provided in this article, the provisions of this article shall be enforced by the police chief, or his or her designee. No officer, employee or agent of the city shall be liable for damage caused to a vehicle or part thereof by removal pursuant to this article.

(Ord. 153-06 § 1(part), 2006; Ord. 151-06 § 1(part), 2006)

This article is not the exclusive regulation of abandoned, wrecked, dismantled or inoperative vehicles within the city. It supplements and is 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. Nothing in this article shall be deemed to prevent the city council from authorizing the city attorney to commence any other available civil or criminal proceeding to abate a public nuisance under applicable provisions of state law as an alternative to proceedings set forth in this article.

(Ord. 153-06 § 1(part), 2006; Ord. 151-06 § 1(part), 2006)

The police chief, his or her designee, or any person or persons with whom the city council has contracted to provide such services, shall be authorized to enter upon private property or public property to enforce the provisions of this article.

(Ord. 153-06 § 1(part), 2006; Ord. 151-06 § 1(part), 2006)

The city council shall from time to time, by resolution, determine and fix an amount to be assessed as administrative costs excluding the actual cost of removal of any vehicle or parts thereof under this article.

(Ord. 153-06 § 1(part), 2006; Ord. 151-06 § 1(part), 2006)

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 police chief, or his or her designee, shall have the authority to serve abatement notices and the fire chief will cause the abatement and removal thereof in accordance with the procedures prescribed in this article.

(Ord. 153-06 § 1(part), 2006; Ord. 151-06 § 1(part), 2006)

A. The following abatement notice is required prior to removal of any vehicle or parts thereof as provided in this chapter:

1. A ten-day notice of intention to abate and remove the vehicle (the "notice to abate"), or parts thereof, as a public nuisance shall be mailed by 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.

2. The notice to abate shall sent to the owner of the land shall be substantially in the following form:

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

(Name and 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 8.16.310 of the Williams 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 _______ or VIN number_______, which constitutes a public nuisance pursuant to the provision of Section 8.16.240 of the Williams Municipal Code.

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 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 10 days after the mailing of this notice of intention, request a public hearing. If such a request is not received by the City Clerk within such ten (10) day period, the Police Chief or his/her designee 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 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.

You are hereby notified that unless it is determined by a hearing officer at a hearing that the vehicle was placed on your land without your consent and that you have not subsequently acquiesced to its presence on your land, you may be assessed by the City for both the City's administrative costs and its costs of removal of the vehicle and that assessment will be collected as a tax lien against your land as provided in Section 38713.5 of the California Government Code.

___________

cc: City Clerk

3. The notice to abate sent to the owner of the vehicle shall be substantially in the following form:

NOTICE OF INTENTION TO ABATE AND REMOVE AN ABANDONED, WRECKED, DISMANTLED, OR INOPERATIVE VEHICLE, OR PARTS 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 8.16.310 of the Williams 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 Section 8.16.240 of the Williams Municipal Code.

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 of intention. Alternatively you may within ten (10) days from the date of mailing of this notice request a public hearing. If such a request is not received by the City Clerk within such ten (10) day period and the vehicle is not abated, then the Police Chief, or his or her designee, shall have the authority to abate and remove said vehicle (or said parts of a vehicle) without a hearing. The City's costs of abatement, including its administrative costs, may be charged to you.

Notice Mailed:

___________

cc: City Clerk

B. The notice to abate is not required in the following circumstances:

1. A vehicle or part thereof is inoperable due to the absence of a motor, transmission or wheels and each of the following conditions are found to exist by the enforcement officer:

a. The vehicle or part thereof is incapable of being towed;

b. The vehicle is located upon a parcel that is (i) zoned for agricultural use, or (ii) not improved with a residential structure contained one or more dwelling units;

c. The vehicle or part thereof is valued at less than two hundred dollars by an appraiser as defined in this article;

d. The vehicle or part thereof is determined by the enforcement officer to be a public nuisance presenting an immediate threat to public health or safety; and

e. The property owner has signed a release authorizing removal and waiving further interest in the vehicle or part thereof.

2. The property owner and the owner of the vehicle have signed releases authorizing removal and waiving further interest in the vehicle or part thereof.

(Ord. 153-06 § 1(part), 2006; Ord. 151-06 § 1(part), 2006).

A. The owner of the vehicle and the owner of the land on which the vehicle is located, or both, shall have the right to request a hearing before a hearing officer if such a request is submitted to the city clerk in writing within ten days after the mailing of the notices of intention to abate and remove, with respect to 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. The party making the request shall provide the city clerk with the address to which notice of the hearing and the decision of the hearing officer, if rendered in writing, may be mailed and if not, the notice of the hearing and the decision.

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

C. Notice of the hearing shall be mailed, by certified 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 no request for hearing or sworn, written statement denying responsibility for the presence of the vehicle on the owner's land is received by the city clerk within the 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 parts thereof, as a public nuisance without holding any hearings.

(Ord. 153-06 § 1(part), 2006; Ord. 151-06 § 1(part), 2006).

A. All hearings under this article shall be held before a hearing officer who shall hear all facts and testimony as he/she deems pertinent. The facts and testimony may include testimony on the condition of the vehicle or parts thereof and the circumstances concerning its location on private or public property. The hearing officer 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/her reasons for such denial.

B. The hearing officer may impose such conditions and take such other actions as he/she deems appropriate under the circumstances to carry out the purpose of this article. The hearing officer may delay the time for removal of the vehicle or parts thereof if, in his or her opinion, the circumstances justify such delay. At the conclusion of the public hearing, the hearing officer 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 dispose of as hereinafter provided and determine the administrative costs and the cost of removal to be charged against the owner of the land. Any costs required to be paid for the removal and disposition of any vehicle determined to be abandoned (other than the city's administrative costs) shall not exceed those for towing and seven days of storage at the facility to which vehicles removed from highways at the police department's request are removed and stored. The order requiring removal shall include a description of the vehicle or parts 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 by the hearing officer that the vehicle was placed on the land without the consent of the owner of the land and that he or she has not subsequently acquiesced in its presence on said land, the hearing officer 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. The decision of the hearing officer may be announced at the conclusion of the hearing or may be rendered in writing by the hearing officer following the date of the hearing. If rendered in writing following the date of the hearing, it shall be delivered to the city clerk who shall then mail copies of it to the appellant or appellants.

E. If the owner of the land submits a sworn, written statement denying responsibility for the presence of the vehicle on his or her land but does not appear, or if an interested party makes a written presentation to the hearing officer but does not appear, he or she shall be notified in writing by the city clerk of the decision of the hearing officer.

F. The owner of the land or the owner of the vehicle, or both, may appeal the decision of the hearing officer to the city council within ten days of the date when the hearing officer renders his or her decision if rendered at the hearing or ten days following the date when the notice of the decisions is mailed to the appellant by the city clerk if the decision is rendered following the hearing. The appeal, if timely filed, shall be heard by the city council which may affirm, amend or reverse the decision of the hearing officer. Notice of the city council's decision shall be mailed to the appellant by the city clerk if the appellant is not present at the appeal hearing. The city council may establish by resolution a fee for filing such appeals.

(Ord. 153-06 § 1(part), 2006; Ord. 151-06 § 1(part), 2006).

A. Not sooner than ten days after determination by the hearing officer that a vehicle or parts thereof has been abandoned, wrecked, dismantled or is inoperative on private or public property and is a public nuisance, or ten days from the date of mailing notice of such decision by either the hearing officer or by the city council (when written notice is required by Section 8.16.540 of this chapter), the vehicle or parts thereof may be disposed of by the police chief, or his or her designee, by removal to a scrap yard or automobile dismantler's yard.

B. After a vehicle has been removed it shall not thereafter be reconstructed or made operable unless, pursuant to California Vehicle Code Section 5004: (1) the vehicle qualifies for horseless carriage license plates; or (2) the vehicle qualified for historical vehicle license plates. In either such case, the vehicle may be reconstructed or made operable.

(Ord. 153-06 § 1(part), 2006; Ord. 151-06 § 1(part), 2006).

Prior to final disposition of such a vehicle, or parts thereof, which has been removed from lands under the provisions of Section 8.16.340(B) of this chapter without the giving of a notice to abate, the police chief shall provide notice to the owner of the vehicle of the intent of the city to dispose of the vehicle, or parts thereof, and if the vehicle, or part(s) are not claimed and removed from the location specified in the notice, where the vehicle or parts thereof are being held, within twelve days after the notice is mailed, final disposition may proceed.

Whenever notification, as required by Section 22852 of the California Vehicle Code, cannot be made to the owner of the vehicle, notification shall be given by the police chief to the California Department of Justice, stolen vehicle system, in accordance with the provisions of Section 22853 of the California Vehicle Code.

Furthermore, within five days after the date of removal of any vehicle or parts thereof under this article, notice shall be given by the enforcement officer to the department of motor vehicles identifying the vehicle or parts thereof removed and any evidence of registration available, including registration certificates, certificates of title or license plates.

(Ord. 153-06 § 1(part), 2006; Ord. 151-06 § 1(part), 2006).

Vehicles removed pursuant to this article shall be disposed of by the police chief in accordance with the provisions set forth in California Vehicle Code Sections 22850 through 22856.

(Ord. 153-06 § 1(part), 2006; Ord. 151-06 § 1(part), 2006).

If the administrative costs and the cost of removal which are charged against the owner of the parcel of land pursuant to Sections 8.16.430, 8.16.460 and 8.16.470 of this chapter 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 by the city council against the parcel of land in the manner provided for in Section 38773.5 of the Government Code and shall be transmitted by the city finance officer to the Colusa County tax collector for collection. Notice of such assessment shall be given by the city clerk as required by said Section 38773.5 of the Government Code. The assessment shall have the same priority as other city taxes and shall be subject to the conditions set forth in said Section 38773.5. Any costs required to be paid for the removal and disposition of any vehicle determined to be abandoned (other than the city's administrative costs) shall not exceed those for towing and seven days of storage at the facility to which vehicles from highways at the police department's request are removed and stored.

(Ord. 153-06 § 1(part), 2006; Ord. 151-06 § 1(part), 2006).

It is unlawful and an infraction for any person to abandon, park, store or leave or permit the abandonment, parking, storing or leaving of any licensed or unlicensed vehicle or parts thereof which is in an abandoned, wrecked, dismantled or inoperative condition upon any private or public property not including highways within the city for a period in excess of ten days unless the vehicle or parts 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 licenses dismantler, licensed vehicle dealer or a junkyard. Any person convicted of a violation of this section shall be punished by a fine of not less than one hundred dollars, in addition to any costs of removal and disposition of the vehicle that may be assessed pursuant to this article.

(Ord. 153-06 § 1(part), 2006; Ord. 151-06 § 1(part), 2006).

It is unlawful and an infraction for any person to fail or refuse to remove an abandoned, wrecked, dismantled or inoperative vehicle or parts 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. Any person convicted of a violation of this section shall be punished by a fine of not less than one hundred dollars, in addition to any costs of removal and disposition of the vehicle that may be assessed pursuant to this article.

(Ord. 153-06 § 1(part), 2006; Ord. 151-06 § 1(part), 2006).