CHAPTER 90: ABANDONED VEHICLES

Section

   90.01   Findings

   90.02   Definitions

   90.03   Nonapplicability

   90.04   Regulations not exclusive

   90.05   Chief of Police to enforce provisions

   90.06   Authorization of contractor to remove vehicle

   90.07   Administrative costs

   90.08   Abatement and removal

   90.09   Form of notice to owner of land and owner of vehicle to abate and remove

   90.10   Public hearing

   90.11   Appeals

   90.12   Removal of vehicle

   90.13   Notification of Department of Motor Vehicles

   90.14   Administrative and removal costs; assessment against property

   90.15   Violation

§ 90.01 FINDINGS.

   In addition to and in accordance with the determination made and the authority granted by the state under Cal. Veh. Code § 22660 to remove abandoned, wrecked, dismantled or inoperative vehicles or parts thereof as public nuisances, the City Council makes the following findings and declara-tions: the accumulation and storage of abandoned, wrecked, dismantled or inoperative vehicles or parts thereof on private or public property, not including highways, is 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 parts thereof, on private or public property, 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.

('81 Code, § 10.36.010)

§ 90.02 DEFINITIONS.

   For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

   HIGHWAY. 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.

   OWNER OF THE LAND. The owner of the land on which the vehicle, or parts thereof, is located, as shown on the last equalized assessment roll.

   OWNER OF THE VEHICLE. The last registered owner and legal owner of record.

   VEHICLE. 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.

('81 Code, § 10.36.020)

§ 90.03 NONAPPLICABILITY.

   (A)   This chapter shall not apply to:

      (1)   A vehicle, or parts 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;

      (2)   A vehicle, or parts 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 parts thereof, which is located behind a solid fence six feet in height or which is not visible from a highway.

   (B)   Nothing in this section shall authorize the maintenance of a public or private nuisance as defined under provisions of law other than Cal. Veh. Code §§ 22650 et seq. and this chapter.

('81 Code, § 10.36.030)

§ 90.04 REGULATIONS NOT EXCLUSIVE.

   (A)   This chapter is not the exclusive regulation of abandoned, wrecked, dismantled or inoperative vehicles within the city.

   (B)   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 having jurisdic-tion.

('81 Code, § 10.36.040)