Sections:
10.08.010 Declaration of public nuisance-Definitions.
10.08.020 Exclusions.
10.08.030 Chapter not exclusive regulation.
10.08.040 Right of entry for abatement or removal.
10.08.050 Authorization of right of entry.
10.08.060 Assessment of administrative costs.
10.08.070 Public hearing required--Notice.
10.08.080 Notice of hearing to California highway patrol.
10.08.090 City council designated as hearing officer-- Procedure.
10.08.100 Removal of vehicle--Disposal.
10.08.110 Notice of removal and documents of title to department of motor vehicles.
10.08.120 Unpaid administrative and removal costs-Assessment against property.
10.08.130 Abandonment of wrecked, dismantled or inoperative vehicle--Misdemeanor.
10.08.140 Failure or refusal to abate nuisance--Misdemeanor.
Notes
| 1 | For statutory provisions authorizing cities to abate and remove abandoned, wrecked, dismantled or inoperative vehicles or parts from private or public property, see California Vehicle Code § 22660. |
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 to remove abandoned, wrecked, dismantled or inoperative vehicles or parts thereof as public nuisances, the city 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 hereinafter permitted, is hereby declared to constitute a public nuisance which may be abated as such in accordance with the provisions of this chapter.
As used in this chapter:
(1) "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;
(2) "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;
(3) "Public property" does not include "highway."
(Ord. 131 § 1 (part), 1968; prior code § 4400).
This chapter shall not apply to:
(1) 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
(2) 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, a junk dealer, or when such storage or parking is necessary to the operation of a lawfully conducted business or commercial enterprise;
(3) A vehicle or part thereof which is parked or stored in a lawful manner on private property and is not plainly visible from a public street and is not parked or stored in the front or side yard setback area of such private property.
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 II of the Vehicle Code and this chapter.
(Ord. 131 § 1 (part), 1968; prior code § 4401).
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 this city, the state, or any other legal entity or agency having jurisdiction.
(Ord. 131 § 1 (part), 1968; prior code § 4402).
Except as otherwise provided herein, the provisions of this chapter shall be administered and enforced by the sheriff's office. In the enforcement of this chapter such officer and his 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 this chapter.
(Ord. 131 § 1 (part), 1968; prior code § 4403).
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.
(Ord. 131 § 1 (part), 1968; prior code § 4404).
A public hearing shall be held on the question of abatement and removal of the vehicle or part 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 part thereof against the property on which it is located. Notice of hearing shall be mailed at least ten days before the hearing by certified mail, with a five-day return requested, to the owner of the land as shown on the last equalized assessment roll and to the last registered and legal owner of record unless the vehicle is in such condition that identification numbers are not available to determine ownership. If any of the foregoing notices are returned undelivered by the United States Post Office, the hearing shall be continued to a date not less than ten days from the date of such return.
(Ord. 131 § 1 (part), 1968; prior code § 4406).
Loading...