Sections:
10.40.010 Abatement and removal as a public nuisance.
10.40.020 Effect of chapter.
10.40.030 Definitions.
10.40.040 Exceptions.
10.40.050 Administration--Vehicle identification--Declaration of nuisance.
10.40.060 Notice of intention to abate.
10.40.070 Exceptions of requirement of abatement notice.
10.40.080 Hearing and procedure.
10.40.090 Hearing officer.
10.40.100 Hearing officer powers and duties.
10.40.110 Findings and determination by the hearing officer.
10.40.120 Determining costs.
10.40.130 Administrative costs.
10.40.140 Appeal to city council.
10.40.150 Decision by council.
10.40.160 Removal of vehicle--Contract.
10.40.170 Removal of vehicle--Disposal.
10.40.180 Notice to responsible agencies.
10.40.190 Abatement costs as a lien.
10.40.200 Violation.
10.40.210 Refusal to comply.
A. This chapter is enacted under the authority of Section 22660 of the California Vehicle Code to establish procedures for the abatement and removal, as public nuisances, of abandoned, wrecked, dismantled, or inoperative vehicles or parts thereof, from private or public property within the city, excluding highways, and for recovery of the costs of such removal and administration of this chapter.
B. The accumulation and storage of abandoned, wrecked, dismantled, or inoperative vehicles or parts thereof on private or public property, excluding highways, is found to create conditions 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, excluding 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.
(Ord. 105 § 2 (part), 1993: Ord. 3 § 1 (part), 1991: prior code § 6.06.010)
This chapter is not the exclusive regulation for abatement 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 of competent jurisdiction.
(Ord. 105 § 2 (part), 1993: Ord. 3 § 1 (part), 1991: prior code § 6.06.020)
As used in this chapter:
“City manager” means the city manager of the city or his or her designee.
“Highway” means a way or place of whatever nature, publicly maintained and open to the use of the public for the purposes of vehicular travel. “Highway” includes streets.
“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 role.
“Owner of the vehicle” means the last registered owner and the last legal owner of record of the vehicle.
“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. (Ord. 105 § 2 (part), 1993: Ord. 3 § 1 (part), 1991: prior code § 6.06.030)
This chapter shall not apply to any vehicle or part thereof which is either:
A. Completely enclosed within a building in a lawful manner where it is not visible from the street or other public or private property; or
B. Where a lawfully conducted business exists, a vehicle or part thereof which is stored or parked in a lawful manner on appropriately zoned private property in connection with the business of a licensed dismantler, licensed vehicle dealer, or when the storage or parking is necessary to the operation of a lawfully conducted business or commercial enterprise or other legally established use or subject to regulation through the plot plan or use permit pursuant to the land use and development code for the city.
C. An agricultural "implement of husbandry" incidental to R-R, R-A, or A-1 zones.
D. Vehicles located on a parcel in such a manner so that no part of any vehicle, subject to this chapter, is visible to public view up to the total number of such vehicles on a parcel allowed, does not exceed the provisions in Section 8.20.030(P)(5)(d) of this code for stored or parked vehicles.
E. 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 California Vehicle Code and this chapter.
(Ord. 105 § 2 (part), 1993: Ord. 3 § 1 (part), 1991: prior code § 6.06.040)
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