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(A) Any peace officer or any other employee, in the territorial limits in which the officer or employee is authorized to act, who has reasonable grounds to believe that a vehicle has been abandoned, may remove the vehicle from a highway or from public or private property.
('63 Code, § 3-10.05)
(B) Any peace officer may remove a vehicle located within the territorial limits in which the officer or employee may act, when any vehicle is abandoned, parked or left standing upon a highway for 72 hours or more consecutive hours.
('63 Code, § 3-10.06)
(C) Motor vehicles which are abandoned, parked, resting, or otherwise immobilized on any highway or public right-of-way and which lack an engine, transmission, wheels, tires, doors, windshield, or any other part or equipment necessary to operate safely on the highways of this state are a public nuisance and may be removed immediately upon discovery by a peace officer or employee.
('63 Code, § 3-10.07)
(Cal. Veh. Code §§ 22669, 22651(k)) (Ord. 542-C.S., passed 4-2-92)
Any person performing a franchise or contract awarded pursuant to Cal. Veh. Code § 22710 subdivision (a), may remove a vehicle from a highway or from public or private property, after a determination by a peace officer or other employee, that the vehicle is abandoned, as determined pursuant to Cal. Veh. Code § 22523.
('63 Code, § 3-10.08) (Ord. 542-C.S., passed 4-2-92)
Statutory reference:
Statutory authority, see Cal. Veh. Code § 22669
(A) In the enforcement of this chapter, the Chief of Police and his designated employees 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 a nuisance pursuant to this chapter.
('63 Code, § 3-10.09)
(B) When the City Council has contracted with or granted a franchise to any person or persons for the abatement of abandoned vehicles, 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 declared to be a nuisance pursuant to this chapter.
('63 Code, § 3-10.10)
(Ord. 542-C.S., passed 4-2-92)
Statutory reference:
Statutory authority, see Cal. Veh. Code, § 22663
(A) Upon discovery on public or private property, excluding a highway, of an abandoned vehicle or a vehicle which lacks an engine, transmission, wheels, tires, doors, windshield, or other major part or equipment necessary to operate safely on the highway, the Chief of Police shall have the authority to cause the abatement and removal of said vehicle in accordance with the procedure prescribed in this section.
(B) Except as otherwise provided by law or this chapter, not less than a ten-day notice of intention to abate and remove the vehicle or part thereof as a public nuisance shall be issued for a vehicle abandoned on public or private property, excluding a highway, 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, except as provided in Cal. Veh. Code § 22661(c).
(C) The ten-day notice of intention to abate and remove a vehicle or part thereof, when required by this chapter, shall contain a statement of 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 notice to the property owner that he (or she) may appear in person at a hearing or may submit a sworn written statement denying responsibility for the presence of the vehicle on the land, with his (or her) reason for such denial, in lieu of appearing. 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 owners of record unless the vehicle is in such condition that the identification numbers are not available to determine ownership.
(D) A request for a hearing shall be made to the Chief of Police within ten days after the mailing of notice of intention to abate and remove the vehicle or at the time of signing a release.
(E) Upon a request for a hearing by the owner of the vehicle or the owner of the land upon which such vehicle is located, a public hearing shall be held before the Chief of Police or his designee.
(F) If such a request is not received within such period, the appropriate public body, agency, or officer shall have the authority to remove the vehicle.
(G) The Chief of Police or his designee shall hear all facts and testimony it deems pertinent. The facts and testimony may include testimony on the condition of the vehicle or parts, and the circumstances concerning its location on the private property or public property. The Chief of Police or his designee shall not be limited by the technical rules of evidence.
(H) The owner of the land on which the vehicle is located is authorized to 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 (or her) reason for such denial.
(I) If it is determined at the hearing that the vehicle was placed on the land without the consent of the landowner and that he (or she) has not subsequently acquiesced in its presence, then the local authority shall not assess costs of administration or removal of the vehicle against the property on which the vehicle is located or otherwise attempt to collect such cost from the owner.
(J) 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 (or her) 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.
(K) The Chief of Police or his designee 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, if, in its opinion, the circumstances justify it. At the conclusion of the public hearing, the Chief of Police or his designee may find that a vehicle, or parts, has been abandoned, wrecked, dismantled or is inoperative on private or public property and order the same be removed from the property as a public nuisance and disposed of as provided in this chapter and determine the administrative costs and the 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 and correct identification number and license number of the vehicle, if available.
(L) Any interested party may appeal the decision of the Chief of Police or his designee by filing a written notice of appeal with the City Council within five days after his decision. Such appeal shall be heard by the City Council which 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, to the owner of the land, and the owner of the vehicle. In conducting the hearing, the City Council shall not be limited to the technical rules of evidence.
(M) This section shall not apply to 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 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 junk yard.
(Cal. Veh. Code, § 22661) ('63 Code, § 3-10.12) (Ord. 542-C.S., passed 4-2-92)
(A) Whenever a peace officer or employee removes a vehicle from a highway, or from public or private property, unless otherwise provided, he shall take the vehicle to the nearest garage or other place of safety or to a garage designated by the city, where the vehicle shall be placed in storage.
(Cal. Veh. Code, § 22850)
(B) At the time of removal, the officer or employee shall determine the amount of mileage on the vehicle.
(Cal. Veh. Code, § 22850)
(C) A vehicle placed in storage shall be released to the owner or person in control of the vehicle only if the owner or person furnishes, to the law enforcement agency or employee who placed the vehicle in storage, satisfactory proof of current vehicle registration. The agency which caused the vehicle to be stored may, in its discretion, issue a notice to appear for the registration violation, if the two days immediately following the day of impoundment are weekend days or holidays.
(Cal. Veh. Code, § 22850.3)
('63 Code, § 3-10.13)
(D) Whenever a peace officer or employee directs the storage of any vehicle, the vehicle's registered and legal owners of record, or their agents, shall be given notice and the opportunity for a post-storage hearing if required by Cal. Veh. Code § 22852.
('63 Code, § 3-10.15)
(Ord. 542-C.S., passed 4-2-92)
If a vehicle is determined to have a value not exceeding $300, a peace officer or employee shall provide notice and the opportunity for a hearing in accordance with Cal. Veh. Code §§ 22851.2 through 22851.12.
('63 Code, § 3-10.14) (Ord. 542-C.S., passed 4-2-92)
(A) Vehicles or parts thereof may be disposed of by removal to a scrap yard, automobile dismantler's yard, or other suitable site.
(Cal. Veh. Code, § 22662) ('63 Code, § 3-10.16)
(B) After a vehicle has been removed, it shall not be reconstructed or be 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.
(Cal. Veh. Code § 22661(f)) ('63 Code, § 3-10.17)
(Ord. 542-C.S., passed 4-2-92)
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