Windsor Municipal Code Art. 1 Findings and Declarations; Definitions

In addition to and in accordance with the determination made and the authority granted by the State under Section 22660 of the Vehicle Code to remove abandoned, wrecked, dismantled or inoperative vehicles or parts thereof as public nuisances, the Town Council hereby 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 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 parts thereof, on private or public property, expressly hereinafter permitted, is hereby declared to constitute a public nuisance, which may be abated as such in accordance with the provisions of this chapter.

(Ord. No. 2005-188 § 2 (part))

For the purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section:

Abandoned vehicle means any vehicle, which has been left on private property or public property, or highways, and in which the owner has no active interest, and no intent to again claim a right or interest.

Abandoned Vehicle Hearing Officer means that person designated by the Town Council by resolution to conduct hearings pursuant to this chapter.

Highway means a way or place of whatever nature, publicly maintained and open to the use of the public for purposes of vehicular travel. The term includes street.

Inoperable vehicle means a motor vehicle which, through absence of or deteriorated condition of mechanical parts including but not limited to: engine, transmission, driving axle, tires and wheels is unable to be driven up a highway. Additionally, vehicles which are: (a) without current vehicle registration pursuant to Section 4000.4 of the California Vehicle Code; or (b) are without the safety equipment required by Division 12 of the California Vehicle Code shall also be considered inoperative.

Owner of the land means that person who owns the real property on which the vehicle, or parts thereof, is located as shown on the last equalized assessment roll.

Owner of the vehicle means that person who is the last registered owner and the legal owner of record of the vehicle.

Public property means property owned by the Town but not including highways.

Vehicle means a device by which any person or party 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. 2005-188 § 2 (part))