Chapter 10.48



ABANDONED VEHICLES

10.48.010 Findings.
10.48.020 Definitions.
10.48.030 Exceptions.
10.48.040 Chapter supplementary provision.
10.48.050 Enforcement-Right to enter property.
10.48.060 Franchisee right to enter property.
10.48.070 Assessment of administrative costs.
10.48.080 Abatement and removal of vehicles.
10.48.090 Notice of intention to abate.
10.48.100 Request for public hearing.
10.48.110 Hearings.
10.48.120 Appeal-Hearing by council.
10.48.130 Time of removal and disposal-Reconstruction prohibited.
10.48.140 Notice to Department of Motor Vehicles.
10.48.150 Assessment of costs against land.


10.48.010 Findings.


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 and as subsequently amended, to remove abandoned, wrecked, dismantled or inoperative vehicles or parts thereof as public nuisances, the 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 parts thereof, on private or public property not including highways, except as expressly permitted by 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 º 27-170)

10.48.020 Definitions.


As used in 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. "Highway" includes street.

"Owner of the land" means the owner of the land on which the vehicle, or parts thereof, is located, as shown on the last equalized assessment roll.

"Owner of the vehicle" means the last registered owner and legal owner of record.

"Public property" does not include highway.

"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. (Prior code º 27-171)

10.48.030 Exceptions.


A. The following shall be exceptions to the provisions of this chapter:

1. A vehicle, or parts 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 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.

B. 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 and this section. (Prior code º 27-172)

10.48.040 Chapter supplementary provision.


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. (Prior code º 27-173)

10.48.050 Enforcement-Right to enter property.


Except as otherwise provided in this chapter, the provisions of this chapter shall be administered and enforced by the zoning administrator. In the enforcement of this chapter such officer and such officer's 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 parts thereof declared to be a nuisance pursuant to this chapter. (Prior code º 27-174)

10.48.060 Franchisee right to enter property.


When the 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 º 27-175)

10.48.070 Assessment of administrative costs.


The 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 º 27-176)

10.48.080 Abatement and removal of vehicles.


Upon discovering the existence of an abandoned, wrecked, dismantled or inoperative vehicle, or parts thereof, on private property or public property within the city, the zoning administrator shall have the authority to cause the abatement and removal thereof in accordance with the procedure prescribed in this chapter. (Prior code º 27-177)

10.48.090 Notice of intention to abate.


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. (Prior code º 27-178)

10.48.100 Request for public hearing.


A. Upon request by the owner of the vehicle or owner of the land received by the zoning administrator within ten days after the mailing of the notices of intention to abate and remove, a public hearing shall be held by the zoning administrator on the question of 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 cost of removal of the vehicle or parts thereof against the property on which it is located.

B. If the owner of the land submits a sworn written statement denying responsibility for the presence of the vehicle on the owner's 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 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 of the notice of intention to abate and remove, the zoning administrator shall abate and remove the vehicle or parts thereof as a public nuisance without holding a public hearing. (Prior code º 27-179)

10.48.110 Hearings.


A. All hearings under this chapter shall be held before the zoning administrator who shall hear all facts and testimony the zoning administrator 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 such private property or public property. 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.

B. The zoning administrator may impose such conditions and take such other action as the zoning administrator deems appropriate under the circumstances to carry out the purpose of this chapter. The zoning administrator may delay the time for removal of the vehicle or parts thereof if, in the zoning administrator's opinion, the circumstances justify it. At the conclusion of the public hearing, the zoning administrator 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 this chapter and determine the administrative costs and cost of removal to be charged against the owner of the land. 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.

C. If the zoning administrator finds that the vehicle was placed on the land without the consent of the owner of the land and that the owner of the land has not subsequently acquiesced in its presence, the costs of administration or removal of the vehicle shall not be assessed against the property upon which the vehicle is located or otherwise attempt to collect such costs from such owner of the land.

D. 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 zoning administrator but does not appear, he or she shall be notified in writing of the decision. (Prior code º 27-180)

10.48.120 Appeal-Hearing by council.


A. Any interested party, including any city official, may appeal the decision of the zoning administrator by filing a written notice of appeal within the time and in the manner provided in Chapter 2.88.

B. The city clerk shall give written notice of the time and place of the hearing to the appellant and those persons specified in Section 10.48.090. (Prior code º 27-181)

10.48.130 Time of removal and disposal-Reconstruction prohibited.


Five days after adoption of the order declaring the vehicle or parts thereof to be a public nuisance, or five days from the date of mailing of notice of the decision if such notice is required by Section 10.48.110, or fifteen days after such action of the council authorizing removal following appeal, 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, unless it is a vehicle that qualifies for either horseless carriage license plates or historical vehicle license plates pursuant to Vehicle Code Section 5004, and as subsequently amended, in which case the vehicle may be reconstructed or made operable. (Prior code º 27-182)

10.48.140 Notice to Department of Motor Vehicles.


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 parts 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 º 27-183)

10.48.150 Assessment of costs against land.


If the administrative costs and the cost of removal which are charged against the owner of a parcel of land pursuant to Section 10.48.110 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. Such assessment shall have the same priority as other city taxes. (Prior code º 27-184)