Windsor Municipal Code Art. 2 Administration and Enforcement of Article

The provisions of this chapter shall be administered and enforced by the Town Manager or his designee (hereafter "Town Manager"). In the enforcement of this chapter the Town Manager may enter upon private or public property to examine a vehicle or parts thereof, or to 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. Absent consent to enter the property for the purpose of inspection or nuisance abatement, the Town Manager shall direct the Town Attorney to obtain the necessary judicial authority for inspection and abatement purposes.

Upon discovering the existence of an abandoned, wrecked, dismantled or inoperable vehicle, or parts thereof, on private or public property within the Town of Windsor, the Town Manager shall have the authority to cause the abatement and removal thereof in accordance with the procedures described in this chapter.

This chapter may also be enforced by the California Highway Patrol.

(Ord. No. 2005-188 § 2 (part))

It is unlawful and an infraction for any person to abandon, store, leave, or permit the abandonment, storing, or leaving of any licensed or unlicensed vehicle or parts thereof, which is abandoned, wrecked, dismantled, or inoperative upon private or public property, including highways, within the Town of Windsor for a period in excess of seventy-two (72) or more consecutive hours, unless such vehicle or parts thereof are 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 licensed dismantler or licensed vehicle dealer or a junkyard.

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 chapter or State law, where such State law is applicable.

a. Notice of Intention to Abate—Owner of the Land. A ten- (10) day notice of intention to abate and remove a vehicle or parts thereof as a public nuisance shall be mailed by registered or certified mail to the owner of the land as shown on the last equalized assessment roll and to the registered and legal owners of record unless the vehicle or parts thereof is in such condition that identification numbers are not available to determine ownership. No such notice shall be required if the property owner and the owner of the vehicle or parts thereof have signed releases authorizing removal and waiving further interest in the vehicle or parts thereof. Such notice shall contain a statement of the hearing rights of the owner of the property on which the vehicle or parts thereof is located and the owner of the vehicle and the information contained in Vehicle Code Section 22661(d). The statement shall include notice to the property of his or her option under Section 4-1-210 of this chapter for a hearing. A notice of intention may be issued using forms substantially similar to the following:

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 of ordinance or town code) has determined that there exists upon said land an (or parts of an) abandoned, wrecked, dismantled, or inoperative vehicle registered to _______, license number _______, which constitutes a public nuisance pursuant to the provision of (ordinance or town code Chapter number).

You are hereby notified to abate said nuisance by the removal of said vehicle (said parts of a vehicle) within 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 Town and the costs thereof, together with administrative costs, assessed to you as owner of the land on which said vehicle (or said parts of 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 and if such a request is not received by the Town Council of the Town of Windsor within such 10-day period, the Town Manager shall have the authority to abate and remove said vehicle (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 10-day period denying responsibility for the presence of said vehicle (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.

NOTICE MAILED:_______

_______ Town Manager Town of Windsor

b. Notice of Intention to Abate—Owner of the Vehicle.

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 of ordinance or town code) has determined that vehicle (or parts of a vehicle) exists as an abandoned, wrecked, dismantled, or inoperative vehicle at (described located on public or private property) and constitutes a public nuisance pursuant to the provision of (ordinance or town code Chapter number).

You are hereby notified to abate said nuisance by the removal of said vehicle (or said parts of a vehicle) within 10 days from the date of mailing of this notice.

As registered (and/or legal) owner of record of said vehicle (or said parts of a vehicle), you are hereby notified that you may, within 10 days after the mailing of this notice of intention, request a public hearing and if such request is not received by the Town Council of the Town of Windsor within such 10-day period, the Town Manager or his/her designee shall have the authority to abate and remove said vehicle (or said parts of a vehicle) without a hearing.

NOTICE MAILED:_______

_______ Town Manager Town of Windsor

A notice of intention to abate shall not be required if: (1) the property owner and the owner of the vehicle have signed releases authorizing removal and waiving further interest in the vehicle or parts thereof; or (2) all the following conditions are satisfied:

1. The vehicle or parts thereof is inoperable due to the absence of a motor, transmission, or wheels and is incapable of being towed,

2. The vehicle or parts thereof is valued at less than three hundred ($300.00) dollars by the Town Manager,

3. Planning Department has determined that the vehicle or parts thereof is a public nuisance presenting an immediate threat to public health or safety,

4. The property owner has signed a release authorizing the removal and waiving further interest in the vehicle or parts thereof, and

5. The vehicle is located upon a parcel that is either zoned for agricultural use or is not improved with a residential structure containing one (1) or more dwelling units.

If the vehicle is removed pursuant to subsection b.2. of this section, prior to final disposition, the registered or legal owner shall be notified of the intent to dispose of the vehicle or parts thereof. If the vehicle or parts thereof is not claimed and removed from the scrapyard, automobile dismantler's yard or public disposal area within twelve (12) days after the notice to dispose of vehicle dismantled, final disposition may proceed.

(Ord. No. 2005-188 § 2 (part))

A public hearing shall be held by the Abandoned Vehicle Hearing Officer to determine whether the vehicle or parts thereof shall be abated and removed as to a public nuisance and whether the administrative costs and the costs of abatement and removal shall be assessed against the land, upon request by the owner of the vehicle or parts thereof or the owner of the land on which such vehicle or parts thereof is located. Such a request shall be delivered to the Town Manager within ten (10) days after the mailing of notice of intention to abate and remove the vehicle or parts thereof. A sworn written statement of the owner of the land denying responsibility for the presence of the vehicle or parts thereof on his or her land shall be construed as a request for hearing, which does not require his or her presence.

If such a request for hearing is not received within said ten (10) days after mailing the notice of intention to abate and remove, the Town shall have the authority to abate and remove the vehicle, or parts thereof, as a public nuisance without holding a public hearing.

(Ord. No. 2005-188 § 2 (part))

The Town Manager shall set a date for the public hearing and shall deliver notice thereof, by registered mail, to the persons and in the manner specified in Section 4-1-205 of this chapter not less than ten (10) days prior to such date.

(Ord. No. 2005-188 § 2 (part))

The hearing shall be held before the Abandoned Vehicle Hearing Officer who shall hear all the facts and testimony he or she deems pertinent. Such facts and testimony may include testimony on the condition of the vehicle or parts thereof and the circumstances concerning its location on private property or public property. The Abandoned Vehicle Hearing Officer shall not be limited by the technical rules of evidence. The owner of the land on which the vehicle or parts thereof is located may appear in person at the hearing or present a sworn written statement denying responsibility for the presence of the vehicle or parts thereof on the land, with his or her reasons for such denial.

If an interested party makes a written presentation to the Town Manager, but does not appear, he/she shall be notified in writing of the decision.

(Ord. No. 2005-188 § 2 (part))

If it is determined at the hearing that the vehicle, or parts thereof, was placed on the land without the consent of landowner and that he or she has not subsequently acquiesced to its presence, the Abandoned Vehicle Hearing Officer shall not assess costs of administration or abatement and removal against the land or otherwise attempt to collect such costs from such owner.

(Ord. No. 2005-188 § 2 (part))

The Abandoned Vehicle Hearing Officer may impose such conditions and take such other action deemed appropriate under the circumstances to carry out the purpose of this chapter. He/she may delay the time for the removal of the vehicle, or parts thereof, if his/her opinion, the circumstances justify it. At the conclusion of the public hearing, the Abandoned Vehicle Hearing Officer may find that the vehicle, or parts thereof, has been abandoned, wrecked, dismantled or inoperative on private or public property, and by resolution order the same removed property as a public nuisance and disposed of as provided in this chapter and determine the administrative costs of the removal to be charged against the owner of the parcel of land on which the vehicle, or parts thereof, is located. The order requiring removal shall include a description of the vehicle, or parts thereof, and a correct identification number and license number of the vehicle, if available at the site.

If releases have been signed pursuant to Section 4-1-205, or if a request pursuant to Section 4-1-210 of this chapter is not received, or if the Abandoned Vehicle Hearing Officer, after hearing determines that the vehicle, or parts thereof, constitutes a public nuisance, the Town Manager or other duly authorized person shall abate and remove the vehicle or parts thereof from the land in accordance with the provision of California Vehicle Code Sections 22660 et seq. Absent consent to enter the subject property for the purpose of nuisance abatement, the Town Manager shall direct the Town Attorney to obtain the necessary judicial authority for entry and abatement purposes.

(Ord. No. 2005-188 § 2 (part))

Except as provided in Section 4-1-225 of this chapter, the costs of administration and removal may be assessed against the land from which the vehicle, or parts thereof, was abated and removed, to be collected at the same time and in the same manner as ordinary town taxes are collected, and shall be subject to the same penalties and the same procedure and sale in case of delinquency as provided for ordinary town taxes. All laws applicable to the levy, collection and enforcement of town taxes shall be applicable to such assessment.

(Ord. No. 2005-188 § 2 (part))

Five (5) days after adoption of the order declaring the vehicle or parts thereof to be a public nuisance, or five (5) days from the date of mailing of notice of the decision, as required by Section 4-1-230 of this chapter, whichever date is later, the vehicle or parts thereof may be disposed of by removal to a scrapyard or automobile dismantler's yard. After a vehicle has been abated and removed, it shall not be reconstructed or made operable, unless it is a vehicle which qualifies for either horseless carriage license plates or historical vehicle license, pursuant to Section 5004 of the Vehicle Code of the State of California, in which case the vehicle may be reconstructed or made operable.

(Ord. No. 2005-188 § 2 (part))

Within five (5) 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 evidences of registration available, including registration certificates, certificates of title or license plates.

(Ord. No. 2005-188 § 2 (part))

This chapter shall not apply to:

a. A vehicle or parts thereof, which is completely enclosed within a building a lawful manner where it is not visible from the street or other public or private property;

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 (commencing with Section 22650) of Division 11 of the Vehicle Code.

(Ord. No. 2005-188 § 2 (part))

Neither the Town, any local agency, or contractor thereof shall be liable for damage caused to a vehicle or parts thereof by removal pursuant to Section 22661 of the California Vehicle Code and this chapter.

(Ord. No. 2005-188 § 2 (part))

This article is not the exclusive regulation of abandoned, wrecked, dismantled or inoperative vehicles within the incorporated area of the Town. It shall supplement and be in addition to the other regulatory codes, statutes, and ordinances heretofore or hereafter enacted by the Town, the State, or any other legal entity or agency having jurisdiction.

(Ord. No. 2005-188 § 2 (part))