Chapter 90 — ABANDONED VEHICLES

The provisions of this chapter shall govern the abatement and removal of vehicles, or parts thereof, which are abandoned, wrecked, dismantled or in-operative. VEHICLE, as used in this chapter, shall be defined as set forth in Cal. Vehicle Code § 670.

('83 Code, § 8.16.010)

(A) Any vehicle which is abandoned, wrecked, dismantled, or inoperative, or any part thereof, located on any private property, or public property, excluding highways, in the city, is declared to be a public nuisance. ('83 Code, § 8.16.020) (Ord. 828, passed - -81)

(B) Abatement. Where such vehicle is found to constitute a public nuisance, by reason of its condition and location, as provided in this chapter, the nuisance shall be abated and the vehicle, and all parts thereof, shall be removed and disposed of as provided in this chapter.

('83 Code, § 8.16.030)

Whenever the City Manager or his duly authorized representative finds that any vehicle is being maintained contrary to the provisions of this chapter by reason of its conditions and location, he shall give the notice required in this chapter.

('83 Code, § 8.16.040) (Ord. 828, passed - -81)

Prior to removal of any such vehicle, or part thereof, the City Manager or his duly authorized representative shall give a ten-day notice of his intention to abate the nuisance, by removal. The notice shall contain the information required pursuant to Cal. Veh. Code § 22661, and shall describe the vehicle involved, and the property whereon the vehicle is located, including, but not limited to, the correct identification number and license number thereof, if available. The notice shall be given in the manner prescribed in Cal. Veh. Code § 22661. ('83 Code, § 8.16.050) (Ord. 828, passed - -81)

Within ten days after the filing of the notice, the owner of the lot upon which such vehicle or part thereof is located, or the owner of the vehicle, may file a written request, as provided in Cal. Veh. Code § 22661, with the City Clerk, requesting a hearing on the matter. If no such request is made, the City Manager or his duly authorized representative shall abate the nuisance as provided in the notice relating thereto.

('83 Code, § 8.16.060) (Ord. 828, passed - -81)

Notice of the hearing, if requested within the time permitted, to determine whether a vehicle or part thereof, constitutes a public nuisance, shall be given by the City Clerk to the owner of the land whereon the vehicle is located, whose name appears, as such, on the last equalized assessment roll, and to the vehicle as shown on the last registration of the vehicle, unless the vehicle is in such condition that identification numbers are not available to determine ownership. The notice shall be given by United States mail, certified or registered, with a five-day return requested and postage thereon prepaid. The failure of any person to receive the notice shall not affect the validity of any proceedings under this chapter.

('83 Code, § 8.16.070)

(A) If a request for a hearing is made, the same shall be held before the hearing officer. At the time and place of hearing, the hearing officer shall hear and consider all relevant evidence, including, but not limited to, applicable staff reports, objections or protests relative to the existence of the alleged public nuisance and the manner proposed for abatement of the alleged nuisance. The hearing may be continued from time to time.

(B) Upon conclusion of the hearing, the hearing officer shall, based upon the evidence presented at the hearing, determine whether the vehicle, or any part thereof, as maintained, constitutes a public nuisance, as defined in this chapter. If the hearing officer finds that a public nuisance exists, he shall order the same abated within a reasonable time to be set by him.

(C) 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, denying responsibility for the presence of the vehicle on the land, together with his reasons for the denial.

(D) If the hearing officer determines that the vehicle was placed upon the land without the consent of the landowner, and the landowner has not subsequently acquiesced in its presence, the cost of abatement thereof shall not be levied against the property owner.

('83 Code, § 8.16.080) (Ord. 828, passed - -81)

A copy of the resolution ordering the abatement of the nuisance shall be served upon the owners of the property in accordance with the provisions of § 90.06.

('83 Code, § 8.16.090) (Ord. 828, passed - -81)

After a final determination that a vehicle, or parts thereof, constitutes a public nuisance within the meaning of this chapter, the owner of the vehicle, or the owner of the property whereof the vehicle is located, shall abate the public nuisance by removing the same in the time set forth in the order of abatement relating thereto. If the person or persons fail to abate the public nuisance, the hearing officer shall abate the same by private contract in the time and manner permitted by Cal. Veh. Code § 22661.

('83 Code, § 8.16.100) (Ord. 828, passed - -81)

Where the abatement of a public nuisance pursuant to this chapter is accomplished by city forces, the provisions of Chapter 95 of this code of ordinances shall be applicable to the proceedings. ('83 Code, § 8.16.110)

Vehicles or parts thereof, declared to be a public nuisance pursuant to this chapter, shall be disposed of in the manner provided by Cal. Veh. Code § 22850; provided, that, after a vehicle has been declared to be a public nuisance, and has been removed from the premises where located, the same shall not be reconstructed or otherwise made operable, unless it is a vehicle which qualifies for either horseless carriage license plates or historical vehicle license plates pursuant to Cal. Veh. Code § 5004, in which case the vehicle may be reconstructed or made operable. ('83 Code, § 8.16.120) (Ord. 815, passed - -80)

Within five days after the date of removal of a vehicle or part thereof, the authorized towing service shall cause to be forwarded to the Department of Motor Vehicles of the state notice identifying the vehicle or part thereof, and any evidence of registration available, including, but not limited to, registration certificates of title or license plates on any such vehicle.

('83 Code, § 8.16.130) (Ord. 828, passed - -81)

This chapter shall not apply:

(A) To a vehicle or part thereof which is completely enclosed within a building in a lawful manner, where the same is not visible from the street or other public or private property; or

(B) To a vehicle or part thereof which is stored or parked in a lawful manner on private property in conjunction with the business of a licensed dismantler, licensed vehicle dealer or a junkyard; provided, however, that this latter exception shall not authorize the maintenance of any premises contrary to the provisions of this code. ('83 Code, § 8.16.140)

The provisions of this chapter shall be administered by the City Manager of the city or his duly authorized representative.

('83 Code, § 8.16.150) (Ord. 828, passed - -81)