Yuba City Municipal Code Ch. 15 Abandoned, Wrecked, Dismantled, or Inoperative Vehicles

In addition to and in accordance with the determination made and the authority granted by the State pursuant to the provisions of Vehicle Code § 22660 to remove abandoned, wrecked, dismantled, or inoperative vehicles, or parts thereof, as public nuisances, the 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, not including highways, 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 part thereof, on private or public property, not including highways, except as expressly permitted by the provisions of this chapter, is hereby declared to constitute a public nuisance which may be abated as such in accordance with the provisions of this chapter.

(§ 2, Ord. 673, eff. December 5, 1973)

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

(a) "Highway" shall mean a way or place of whatever nature, publicly maintained and open to the use of the public for purposes of vehicular travel. "Highway" shall include street.

(b) "Owner of the land" shall mean the owner of the land on which the vehicle, or parts thereof, is located as shown on the last equalized assessment roll.

(c) "Owner of the vehicle" shall mean the last registered owner and legal owner of record.

(d) "Public property" shall not include "highway."

(e) "Vehicle" shall mean 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, Ord. 673, eff. December 5, 1973)

The provisions of this chapter shall not apply to:

(a) 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

(b) 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 junk dealer or when such storage or parking is necessary to the operation of a lawfully conducted business or commercial enterprise.

The provisions of this section shall not authorize the maintenance of a public or private nuisance as defined pursuant to the provisions of law other than Vehicle Code div. 11, ch. 10 (§ 22650 et seq.) and this chapter.

(§ 3, Ord. 673, eff. December 5, 1973)

The provisions of this chapter are not the exclusive regulation of abandoned, wrecked, dismantled, or inoperative vehicles within the City. The provisions of this chapter shall supplement and be in addition to the other regulatory codes, statutes, and laws heretofore or hereafter enacted by the City, the State, or any other legal entity or agency having jurisdiction.

(§ 4, Ord. 673, eff. December 5, 1973)

Except as otherwise provided in this chapter, the provisions of this chapter shall be administered and enforced by the Police Chief. In the enforcement of the provisions of this chapter, such 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 the provisions of this chapter.

(§ 5, Ord. 673, eff. December 5, 1973)

When the Council has contracted with or granted a franchise to any person, such person 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 the provisions of this chapter.

(§ 6, Ord. 673, eff. December 5, 1973)

The Council shall from time to time determine and fix, by resolution, an amount to be assessed as administrative costs (excluding the actual cost of the removal of any vehicle, or part thereof) for the purposes of administering the provisions of this chapter.

(§ 7, Ord. 673, eff. December 5, 1973)

A ten-day notice of intention to abate and remove the vehicle, or parts thereof, as a public nuisance shall be mailed by registered 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. The notices of intention shall be in substantially the following forms:

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 the provisions of Chapter 15 of Title 4 of the Yuba City 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 _____, which constitutes a public nuisance pursuant to the provisions of Chapter 15 of Title 4 of the Yuba City Municipal Code.

You are hereby notified to abate said nuisance by the removal of said vehicle (or said parts of a vehicle) on or before ________, which is ten (10) calendar days from the date of the mailing of this notice, and, upon your failure to do so, the same will be abated and removed by the City of Yuba 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, on or before ________, (ten (10) calendar days after the mailing of this notice of intention) file a request with the City Clerk for a public hearing, and, if such a request is not received by the City Clerk within such ten (10) day period, the Police Chief of the City of Yuba City 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 a 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 meeting.

Notice Mailed ________ Date

s/s ___________

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 the provisions of Chapter 15 of Title 4 of the Yuba City 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 Chapter 15 of Title 4 of the Yuba City Municipal Code.

You are hereby notified to abate said nuisance by the removal of said vehicle (or said parts of a vehicle) on or before ________, (ten (10) calendar days from the date of the 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, on or before ________, (ten (10) calendar days after the mailing of this notice of intention) file a request with the City Clerk for a public hearing, and, if such a request is not received by the City Clerk within such ten (10) day period, the Police Chief of the City of Yuba City shall have the authority to abate and remove said vehicle (or said parts of a vehicle) without a hearing.

Notice Mailed ________ Date

s/s ___________

(§ 8, Ord. 673, eff. December 5, 1973)

If the owner of the vehicle or owner of the land files a request with the City Clerk for a public hearing within the ten-calendar-day period as set forth by the notice of intention to abate and remove, a public hearing shall be held by the Council on the question of the 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 costs of removal of the vehicle, or parts thereof, against the property on which it is located.

If the owner of the land submits a sworn written statement denying responsibility for the presence of the vehicle on his or her land within such ten-day period, such statement shall be construed as a request for a hearing which does not require his or her presence. Notice of the hearing shall be mailed, by registered mail, at least ten calendar 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 hearing is not received within such ten days after mailing 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 a public hearing.

(§ 9, Ord. 673, eff. December 5, 1973)

All hearings held pursuant to the provisions of this chapter shall be held before the Council which shall hear all facts and testimony it deems pertinent. Such facts and testimony may include testimony on the condition of the vehicle, or part thereof, and the circumstances concerning its location on private property or public property. The Council 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 or her reasons for such denial.

The Council may impose such conditions and take such other action as it deems appropriate under the circumstances to carry out the purposes of this chapter. It may delay the time for removal of the vehicle, or part thereof, if, in its opinion, the circumstances so justify. At the conclusion of the public hearing, the Council may find that a vehicle, or part thereof, has been abandoned, wrecked, dismantled, or is inoperative on private or public property, order the same removed from the property as a public nuisance and disposed of as provided in this chapter, and determine the administrative costs and the costs of removal to be charged against the owner of the land. 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 owner of the land and that he or she has not subsequently acquiesced in its presence, the Council 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.

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 Council but does not appear, such person shall be notified in writing of the decision. The determination of the Council shall be final and conclusive.

(§ 10, Ord. 673, eff. December 5, 1973)

Five days after the adoption of the order declaring the vehicle, or parts thereof, to be a public nuisance, the vehicle, or parts thereof, may be disposed of by removal to a scrapyard or automobile dismantler's yard. After a vehicle has been removed it shall not thereafter be reconstructed or made operable.

(§ 11, Ord. 673, eff. December 5, 1973)

Within five days after the date of the removal of the vehicle, or part thereof, notice shall be given to the Department of Motor Vehicles of the State 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.

(§ 12, Ord. 673, eff. December 5, 1973)

If the administrative costs and the costs of removal which are charged against the owner of a parcel of land pursuant to the provisions of Section 4-15.10 of this chapter are not paid within 30 days from the date of the order, such costs shall be assessed against the parcel of land pursuant to the provisions of Government Code § 38773.5 and shall be transmitted to the Tax Collector for collection. Such assessment shall have the same priority as other City taxes.

(§ 13, Ord. 673, eff. December 5, 1973)