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 and 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 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,
safety and general welfare. Therefore, the presence of an abandoned,
wrecked, dismantled or inoperative vehicle, or parts thereof, on private
or public property, not including highways, except as expressly permitted
in this chapter, is declared to constitute a public nuisance which
may be abated as such in accordance with the provisions of this chapter.
(Prior code § 78.101; Ord. 242, 1995)
For the purposes of this chapter, the words and phrases set
forth in this section shall have the following meanings:
means the community development director and those appointed
by the director to enforce this chapter.
means the community development director or the director's
designated deputy.
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.
means any vehicle, or part thereof, which is either disabled,
unlicensed or unregistered, or from which an essential or legally-required
part is removed, or which, because of collision damage, vandalism,
deterioration or method of storage is incapable of safe and legal
operation on public highways.
means that form used to provide notice of public nuisances
of abandoned, wrecked, dismantled or inoperative vehicles, or parts
thereof, from private or public property.
does not include highway.
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. The definition
of "vehicle" shall include, but shall not be limited to, any automobile,
truck, recreational vehicle, camper, camper trailer, unmounted camper,
trailer coach, motorcycle, tractor or other farm or construction vehicle,
and similar conveyance.
(Prior code § 78.102; Ord. 242, 1995)
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 county, the state,
or any other legal entity or agency having jurisdiction.
(Prior code § 72.104; Ord. 242, 1995)
Except as otherwise provided in this chapter, under normal circumstances,
the provisions of this chapter shall be administered and enforced
according to the city's current code enforcement policy by the community
development director. In the enforcement of this chapter, the community
development director and the director's deputies, assistants and employees
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 parts thereof,
declared to be a nuisance pursuant to this chapter.
(Prior code § 78.105; Ord. 242, 1995)
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.
(Prior code § 78.106; Ord. 242, 1995)
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 parts thereof, under this chapter.
(Prior code § 78.107; Ord. 242, 1995)
When the city finds that the application of its current code enforcement policy is inadequate to resolve a violation of the provisions of this chapter, it may apply the enforcement procedures set forth in Sections 8.28.070 through 8.28.150 as follows:
A.
Notice
of intention to abate and remove a vehicle, or parts thereof, shall
be given at least ten days before such abatement and removal. Such
notices shall contain a statement of the hearing rights of the owner
of the property on which the vehicle is located and the owner of the
vehicle. The statement shall include notice to the property owner
that he may appear in person at a hearing or may present a sworn written
statement denying responsibility for presence of the vehicle on the
land with his reasons for such denial in lieu of appearing.
B.
The
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 owner of record when the
vehicle is in such condition that identification numbers are available
to determine ownership. Said notice may also be served in person,
and the notice forms shall also contain an acknowledgment space for
signature where notices are issued in person by delegated officers.
(Prior code § 78.108; Ord. 242, 1995)
A copy of the notice of intention to abate shall, at the time
such notice is issued, be given to the State Highway Patrol, identifying
the vehicle, or parts thereof, proposed for removal.
(Prior code § 78.109; Ord. 242, 1995)
A.
Within
ten days after mailing of the notice of intention to abate, the owner
of the vehicle, or the owner of the land on which such vehicle is
located, may request a hearing. Said request shall be made in writing
to the delegated officer. If the owner of the land on which the vehicle
is located submits a sworn written statement denying responsibility
for the presence of the vehicle on his land within such time period,
this statement shall be construed as a request for hearing which does
not require the presence of the owner submitting such request.
B.
If a
request is not received within such period, the delegated officer
shall have the authority to remove the vehicle. The cost of removal
and disposal of any such vehicle and the administrative cost thereof
may then be charged against the person who is determined to be responsible
for the maintenance of the vehicle as a public nuisance.
(Prior code § 78.110; Ord. 242, 1995)
A.
Whenever a request is made for a hearing pursuant to Section 8.28.090, the delegated officer shall schedule such hearing within fifteen calendar days of the date the request is received. The hearing shall be conducted by the hearing officer who shall hear such facts and testimony he deems pertinent prior to rendering a decision, which facts and testimony may relate to the condition or status of the vehicle, or parts thereof, and the circumstances concerning its location on said private or public property, and may be in the form of oral testimony or written statements.
B.
The
hearing officer shall make findings whether the vehicle constitutes
a public nuisance and whether the property owner on whose land the
vehicle is located consented to the placement of the vehicle or acquiesced
in his presence. The hearing officer shall notify each party of his
findings and of the right to a full public hearing before the city
council.
C.
If the
party who requested the hearing objects to the findings of the hearing
officer, he may appeal said decision to the city council in writing
within ten days of notification of said findings.
D.
In the event the hearing officer determines the vehicle constitutes a nuisance and no appeal is taken within such time, the delegated officer may immediately remove the vehicle. Except as provided in Section 8.28.120, the delegated officer shall thereafter charge the costs of administration and removal of the vehicle against the person or persons who are determined to be responsible for the maintenance of the nuisance.
(Prior code § 78.111; Ord. 242, 1995)
A.
In the event of an appeal pursuant to Section 8.28.110, public hearings shall thereafter be held by the city council on the question of abatement, said hearings to be scheduled by the community development director within twenty days of the date of the notice of appeal. The city council shall hear all facts and testimony it 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 the said private property or public property and may be in the form of oral testimony or written statements. The city council 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 at the hearing, and deny responsibility for the presence of the vehicle on the land with his reasons for such denial.
B.
The city council may impose such conditions and take such other action as it deems appropriate under the circumstances to carry out the purpose of this chapter. It may delay the time for removal of the vehicle, or parts thereon, if, in its opinion, the circumstances justify it. At the conclusion of the public hearing, the city council 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 disposed of as provided in Section 8.28.140 and determine the administrative costs and the costs of 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 the correct identification number and license number of the vehicle if available at the site. Unless otherwise stated in the order of removal, the vehicle, of parts thereof, may be removed by the abatement officer immediately following said order.
(Prior code § 78.112; Ord. 242, 1995)
In any case wherein a final determination is made by the hearing
officer or the city council that the vehicle was placed on land without
the consent of the landowner and that he has not subsequently acquiesced
in its presence, then the city shall not assess costs of administration
or removal of the vehicle against the property upon which the vehicle
is located or otherwise attempt to collect such cost from such owner.
(Prior code § 78.113; Ord. 242, 1995)
Any vehicles removed pursuant to this chapter may be disposed
of by removal to a scrap yard, automobile dismantler's yard, or any
site determined by the city to be suitable for such disposal. After
a vehicle has been removed pursuant to this chapter, it shall not
be reconstructed or made operable.
(Prior code § 78.114; Ord. 242, 1995)
Within five 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 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.
(Prior code § 78.115; Ord. 242, 1995)
If the administrative costs and the cost of removal which are charged against the owner of a parcel of land pursuant to Section 8.28.090 are not paid within thirty days of the date of the order, such costs shall be assessed against the parcel of land pursuant to Section 25845 of the Government Code and shall be transmitted to the tax collector for collection. Said assessment shall have the same priority as other city taxes.
(Prior code § 78.116; Ord. 242, 1995)
It is unlawful and a misdemeanor for any person to abandon,
park, store or leave or permit the abandonment, parking, storing or
leaving of, any inoperative vehicle or any other licensed or unlicensed
vehicle, or parts thereof, which are being serviced, repaired, assembled,
disassembled, modified or restored, or which are in an abandoned,
wrecked, dismantled or inoperative condition, upon any private property
or public property, not including highways within the city, except
as follows:
A.
On a
property zoned for, or developed for, residential use when any such
vehicle, or parts thereof, are completely enclosed within a building
in a lawful manner where it is not visible from the street or other
public or private property; or when such vehicle, or parts thereof,
are completely shielded from view from other public or private property
by legally installed and maintained solid fencing, existing shrubbery,
a building or equivalent screening acceptable to the community development
director; or
B.
When
any such vehicle, while awaiting repairs is stored or parked on private
property occupied by a licensed vehicle repair business:
1.
Enclosed
within a building, or
2.
Outdoors when completely shielded as described in Section 8.28.160(A), or
3.
Outdoors
on a paved parking area, without shielding, for a period not to exceed
one hundred days, when vehicles are not visibly damaged or dismantled
and appear, in all respects, in good repair and capable of legal operation
on public streets;
C.
When
any such vehicle is stored or parked in a lawful manner on private
property in connection with the business of a licensed dismantler,
licensed vehicle dealer, licensed junkyard, or licensed vehicle impound
yard subject to such conditions as were imposed by the city as a condition
of the approval of the establishment of such facility;
D.
On a
residential property, when emergency or minor repairs and short-term
or temporary parking of such vehicle, owned or leased by the person
residing on the property, are conducted for an aggregate period not
exceeding twenty-four hours in any continuous period of forty-eight
hours exclusive of the screening otherwise required by this section.
(Prior code § 78.117; Ord. 242, 1995)
It is unlawful and a misdemeanor 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.
(Prior code § 78.118; Ord. 242, 1995)
Pursuant to California Government Code Section 25845(c), the
city may elect to seek recovery of its own attorneys' fees in any
action, administrative proceeding, or special proceeding to abate
a nuisance. In the event the city makes such election, the prevailing
party shall be entitled to recover attorneys' fees. In no event shall
an award of attorneys' fees to the prevailing party exceed the amount
of reasonable attorneys' fees incurred by the city in the action or
proceeding.
(Ord. 336 § 1, 2004)
