ARTICLE 5:
ABATEMENT OF NUISANCE VEHICLES FROM PRIVATE PROPERTY

Sec. 5.1.	Public Nuisance: Findings and Declarations.
Sec. 5.2.	Scope of Article; Authority to Cause Abatement.
Sec. 5.3.	Exceptions.
Sec. 5.4.	Use of Contractors.
Sec. 5.5.	Notice of Intention to Abate and Remove Abandoned Vehicles.
Sec. 5.6.	Request for Public Hearing by Interested Parties.
Sec. 5.7.	Conduct of Hearing: Notification of Findings: Imposition of Costs.
Sec. 5.8.	Disposal of Vehicle.
Sec. 5.9.	Notice to Department of Motor Vehicles.
Sec. 5.10.	Assessment of Costs Against Land.
Sec. 5.11.	Continuing Appropriation Account.

 

SEC. 5.1. PUBLIC NUISANCE: FINDINGS AND DECLARATIONS.

   The Board of Supervisors makes the following findings and declarations:

   The accumulation and storage of abandoned, wrecked, dismantled, or inoperative vehicles or vehicle parts on private property or on Public Property creates conditions tending to reduce property values, 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 harborage for rodents and insects and to be injurious to the health, safety and general welfare. Accordingly, the presence of an abandoned, wrecked, dismantled or inoperative vehicle or vehicle parts, on private property or on Public Property is hereby declared to constitute a public nuisance that may be abated as such in accordance with applicable laws.

(Amended by Ord. 287-08, File No. 081340, App. 12/5/2008)

SEC. 5.2. SCOPE OF ARTICLE; AUTHORITY TO CAUSE ABATEMENT.

   (a)   For the purpose of this Article "abandoned vehicle or vehicle parts" shall mean vehicles that are missing any equipment that would make them unsafe to operate on the highway, or that are wrecked, dismantled, or inoperative, or regarding which there is reasonable cause to believe that the vehicle or vehicle part(s) have been abandoned as described in Vehicle Code sections 22660 and 22669 when located on Public Property or on private property.

   (b)   This Article shall be administered and enforced by the Director of Public Health. Upon discovering the existence of an abandoned vehicle or vehicle parts on private property or Public Property within the City, the Director of Public Health shall have the authority to cause the abatement and removal thereof in accordance with the procedure prescribed herein and all applicable state and federal laws. The Director of Public Health's authority to enter upon private property or Public Property includes the authority to examine vehicle(s) or vehicle parts, to obtain information as to the identity of a vehicle and to remove or cause the removal of abandoned vehicle(s) or vehicle parts declared to be a nuisance pursuant to this Article.

(Amended by Ord. 287-08, File No. 081340, App. 12/5/2008)

SEC. 5.3. EXCEPTIONS.

   This Article shall not apply to:

   (a)   A vehicle or vehicle part that is completely enclosed within a building or behind a fence in a lawful manner where it is not visible from the street or other Public Property or private property;

   (b)   A vehicle or vehicle part that is stored or Parked in a lawful manner on private property in connection with the business of a licensed vehicle dismantler or dealer, or when such storage or Parking is necessary to the operation of a lawfully conducted business.; or

   (c)   A vehicle or vehicle part(s) located behind a solid fence six feet in height or which is not plainly visible from the public right of way.

(Amended by Ord. 287-08, File No. 081340, App. 12/5/2008)