Yreka Municipal Code Ch. 9.36 Wrecked or Dismantled Vehicles

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 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, 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 part thereof, on private or public property not including highways, except as expressly hereinafter permitted, constitutes a public nuisance which may be abated as such in accordance with the provisions of this chapter.

As used in this chapter:

(1) "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;

(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) "Public property" does not include "highway".

(Ord. 431 § 1, 1969).

This chapter shall not apply to:

(1) A vehicle or part 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

(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 junkyard, or when such storage or parking is necessary to the operation of a lawfully conducted business or commercial enterprise;

(3) A vehicle or part thereof which is located behind a solid fence six feet in height and which is not visible from the street or other public or private property.

(Ord. 638 § 1, 1989: Ord. 431 § 2, 1969).

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. 431 § 3, 1969).

Except as otherwise provided herein, the provisions of this chapter shall be administered and enforced by the chief of police and by regularly salaried full time employees designated by the chief of police within the police department, except that the removal of a vehicle or parts thereof from property may be made by any other duly authorized person. Any such authorized person may enter upon private property for the purposes specified in this chapter to examine a vehicle or parts thereof, obtain information as to the identity of a vehicle, and remove or cause the removal of a vehicle or part thereof declared to be a nuisance pursuant to this chapter.

(Ord. 638 § 2, 1989: Ord. 431 § 4, 1969).

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. 431 § 5, 1969).

The city council shall from time to time determine and fix an amount to be assessed as administrative costs (excluding the actual cost of removal of any vehicle or part thereof) under this chapter.

(Ord. 431 § 6, 1969).

(a) If the chief of police or his designated employee has reasonable cause to believe that a vehicle or part thereof is upon public or private property in violation of the provisions of Section 9.36.010, such employee shall give a ten-day notice of intention to abate the nuisance and remove the vehicle or part thereof. Such notice shall contain a statement of the hearing rights of the owner of the property on which the vehicle is located and of the owner of the vehicle. The statement shall include a notice to the property owner that he may appear in person at the hearing or may 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. Notice of intention to abate 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 last registered and legal owners of record, unless the vehicle is in such condition that identification numbers are not available to determine ownership.

(b) This subsection shall apply only to inoperable vehicles located upon a parcel that is (1) zoned for agricultural use, or (2) not improved with a residential structure containing one or mere dwelling units. The ten-day notice of intention to abate the nuisance and remove the vehicle or part thereof pursuant to subsection (a) above is required unless the property owner and the owner of the vehicle have signed releases authorizing removal and waiving further interest in the vehicle or part thereof. However, the notice of intention is not required for removal of a vehicle or part thereof which is inoperable due to the absence of a motor, transmission, or wheels, is incapable of being towed, is valued at less than two hundred dollars by a person specified in Vehicle Code Section 22855, and is determined by the chief of police or his designated employee to be a public nuisance presenting an immediate threat to public health or safety, provided that the property owner has signed a release authorizing removal and waiving further interest in the vehicle or part thereof. Prior to final disposition pursuant to Vehicle Code Section 22662 of such a low-valued vehicle or part for which evidence of registration was recovered pursuant to Section 9.36.120, the chief of police or his designated employee shall provide notice to the registered and legal owners of intent to dispose of the vehicle or part thereof, and if the vehicle or part is not claimed or removed within twelve days after the notice is mailed, from a location specified in Vehicle Code Section 22662, final disposition may proceed.

(c) A public hearing shall be held on the question of abatement or removal of the vehicle or part thereof as an abandoned, wrecked, dismantled or inoperative vehicle, and the assessment of administrative costs and the cost of removal of the vehicle or part thereof before the chief of police or his designated employee on request for such a hearing by the owner of the vehicle or part thereof, or the owner of the land upon which the vehicle is located. Request for hearing shall be made to the chief of police or such designated employee within ten days after the mailing of notice of intention to abate and remove the vehicle or part thereof, or at the time of signing a release pursuant to subsection (b) of this section. If the owner of the land on which the vehicle is located submits a sworn statement denying responsibility for the presence of the vehicle on his land within such period, such statement shall be constructed as a request for hearing and does not require the presence of the owner submitting such request. If such a request is not received within such period, the chief of police or his designated employee shall have the authority to cause the removal of the vehicle. The owner of the land on which the vehicle is located may appear in person at the hearing or present a sworn written statement denying responsibility for the presence of the vehicle on the land, with his reasons for such denial. If it is determined at the hearing that the vehicle was placed on the land without the consent of the landowner and that he has not subsequently acquiesced in its presence, then the chief of police or his designated employee shall not assess costs of administration or removal of the vehicle or part thereof against the property upon which the vehicle is located or otherwise attempt to collect such costs from such owner.

(d) When request for a hearing has been made pursuant to this section, a hearing date shall be set by the chief of police or his designated employee for a date not later than ten days from the request for hearing and notice thereof given by registered or certified mail to the person making such request not later than five days prior to the date set for such hearing.

(Ord. 638 § 3, 1989: Ord. 431 § 7, 1969).

Notice of hearing shall also given to the California Highway Patrol, identifying the vehicle or part thereof proposed for removal, such notice to be mailed at least ten days prior to the public hearing.

(Ord. 431 § 8, 1969).

Hearings under this chapter shall be held before the chief of police or his designated employee. Such hearing officer shall not be the same person who determined that violation existed pursuant to Section 9.36.010 of this chapter and caused the notice to be served pursuant to Section 9.36.070. The facts and testimony may include testimony on the condition of the vehicle or part thereof and the circumstances concerning its location on the 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 is located may appear in person at the hearing or present a written statement in time for consideration by the hearing officer of the reasons why the vehicle is on the land and why the hearing officer should not order the vehicle received and charges levied.

The hearing officer may impose such conditions and take such other action as he deems appropriate under the' circumstances to carry out the purpose of this chapter. He may delay the time for removal of the vehicle or part thereof if, in his opinion, the circumstances justify it. At the conclusion of the public hearing, the hearing officer may find that a vehicle or part 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 parcel of 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 license number of the vehicle, if available at the site.

If it is determined at the hearing that the vehicle was placed on the land without the consent of the landowner and that he has not subsequently acquiesced in its presence, the hearing officer shall not assess costs of administration or removal of the vehicle from the property upon which the vehicle is located or otherwise attempt to collect such costs from such landowner.

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

(Ord. 638 § 4, 1989: Ord. 431 § 9, 1969).

Any interested party may appeal the decision of the hearing officer by filing a written notice of appeal with the hearing officer within five days after his decision.

Such appeal shall be heard by the city council within thirty days and the city council may affirm, amend or reverse the order or take other action deemed appropriate.

The clerk shall give written notice of the time and place of the hearing to the appellant and to those persons specified in Section 9.36.070.

In conducting the hearing, the city council shall not be limited by the technical rules of evidence.

(Ord. 638 § 5, 1989: Ord. 431 § 10, 1969).

Five days after adoption of the order declaring the vehicle or parts thereof to be a public nuisance, five days from the date of mailing of notice of the decision, if such notice is required by Section 9.36.090, or fifteen days after such action of the governing body authorizing removal following appeal, the vehicle or parts thereof may be disposed of by removal to a scrap yard or automobile dismantler's yard in accordance with the provisions of the California Vehicle Code. After a vehicle has been removed it shall not thereafter be reconstructed or made operable, unless it is a vehicle which qualifies for either horseless carriage license plates or historical vehicle license plates, pursuant to Vehicle Code Section 5004, in which case the vehicle may be reconstructed or made operable.

(Ord. 638 § 6, 1989: Ord. 431 § 11, 1969).

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.

(Ord. 431 § 12, 1969).

If the administrative costs and the costs of removal which are charged against the owner of a parcel of land pursuant to Section 9.36.090 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. The assessment shall have the same priority as other taxes.

(Ord. 431 § 13, 1969).

It is unlawful and a misdemeanor for any person to abandon, park, store, 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, not including highways, within the city for a period in excess of five days, 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 otherwise stored or parked in a lawful manner on private property or lawfully parked in connection with the business of a licensed dismantler, licensed vehicle dealer or a junkyard.

(Ord. 431 § 14, 1969).