HomeMy WebLinkAboutOrd 59-87 Abandon Vehicle Abate ORDINANCE NO. 59 - 87
AN ORDINANCE OF THE CITY OF DUBLIN PROVIDING
A PROCEDURE FOR ABATEMENT OF ABANDONED VEHICLES
The City Council of the City of Dublin does ordain as follows:
Section 1. DECLAKATION OF POLICY: The accumulation and
storage of abandoned, wrecked, dismantled, or inoperative vehicles
or parts thereof on private property or public property not
including streets is hereby found to create a condition tending to
reduce the value of property, to promot? blight and deterioration,
to invite plundering, to create fire hazards, to constitute
attractive nuisances creating hazards to the health, safety and
welfare of minors, to create harborages for rodents and insects
and to be injurious to the public health, safety and general
welfare. Therefore, tile presence of an abandoned, wrecked,
dismantled, or inoperative vehicle or part thereof on private
property or public property not including streets is hereby
declared to constitute a public nuisance which may be abated in
accordance with the provisions of this Chapter.
Section 2. DEFINITIONS: The following definitions shall
govern the construction of this Chapter:
(a) ABANDONED VEHICLE. "Abandoned vehicle" means any
vehicle which has been left on private property or
public property other than highways and in which the
owner has no active interest and no intent to again
claim a right or interest.
(b) ACCUMULATION. "Accumulation" means the gathering
together of vehicles or parts of vehicles in quantities
which are unreasonable in relation to uses permitted in
the zoning district in which such vehicles or parts of
vehicles are gathered together.
(c) DISb~YNTLED VEHICLE. "Dismantled vehicle" means a
vehicle from which an essential part of the power train,
a wheel or any part of the body has been removed.
(d) INOPERATIVE VEHICLE. "Inoperative vehicle" means a
vehicle in such condition that it either phyically or
legally cannot be driven upon a street without:
(1) installation of a missing part;
(2) replacement of a defective part; or
(3) registration and licensing.
(e) STORAGE. "Storage" means the keeping of one or more
vehicles or one or more parts of vehicles for a period
of time which is unreasonable in relation to uses
permitted in the zoning district in which such vehicles
or parts of vehicles are kept.
(f) WRECKED VEHICLE. "Wrecked vehicle" means a vehicle
which has suffered physical damage to the extent that it
either physically or legally cannot be driven upon a
street.
Section 3. ENFORCEMENT OFFICIAL: This Chapter shall be
administered by the City Manager, except that the removal of
vehic].es or parts thereof from property may be by any other duly
authorized person. The City Manager or other duly authorized
person may enter upon private or public property to examine a
vehicle or part thereof, to obtain information as to the identity
of a vehicle or part thereof and to remove or cause the removal of
a vehicle or part thereof declared to be a pdblic nuisance by or
pursuant to this Chapter. '.
Section 4. EXCLUSIONS: This Chapter shall not apply to:
(a) 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
(b) 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 licensed junkyard, or ~]en such storage or
parking is necessary to the operation of a lawfully
conducted business or co~m,ercial enterprise.
provided, however, that this exception shall not authorize the
maintenance of a public or private nuisance as defined under
provisions of law other than this Chapter or Chapter 10 of
Division 11 of the Vehicle Code of the State of California.
Section 5. NOTICE:
(a) A ten (10) day notice of intention to abate and remove
a vehicle or part thereof as a public nuisance 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 ~ record
unless the vehicle or part thereof is in such condition
that identification numbers are not available to
determine ownership. No such notice shall be required
if the property owner and the owner of the vehicle or
part thereof have signed releases authorizing removal
and waiving further interest in the vehicle or part
thereof. Such notice shall contain a statement of the
hearing rights of the owner of the property on which the
vehicle or part thereof is located and the owner of the
vehicle and the information contained in Vehicle Code
§ 22661(d). The statement shall include notice to the
property owner of his option under Section 8. The
notice shall be mailed by registered or certified mail
to the owner of the land as shown on the last equalized
assessment roi]. and to the last registered and legal
owners of record unless identification numbers are not
available due to the condition of the vehicle.
(b) Notice of intention to abate, as provided in subsection
(a), is not required for removal of a vehicle or part
thereof which is inoperable due to the absence of a
motor, transmission, or wheels and incapable of being
towed, is valued at less than Two Hundred Dollars ($200)
by a person specified in California Vehicle Code §
22855, and is determined by the City Manager to be a
public nuisance presenting an i~mnediate threat to public
health or safety, provided that the property owner has
signed a release authorizing removal and waiving further
interest in the vehicle or part thereof. The City
Manager shall not dispose of any such vehicle under
Ca].ifornia Vehicle Code § 22662 unless he shall have
provided notice 'to the registered and legal owners of
intent to dispose of the vehicle or part, and the
vehicle or part is not claimed and removed within twelve
(].2) days after the no~ice is mailed. This subsection
(b) applies only to inoperable vehicles located upon a
parcel that is (].) zoned for agricul, tural use or (2) is
not improved with a residential structure containing one
or more dwellit]g units. '.
Section 6. PUBLIC IIEARING UPON REQUEST: Upon request by
'the owner of the vehicle or part thereof or the owner of the land
on which such vehicle or part thereof is located, delivered to the
City Manager within ten (10) days after the mailing of notice of
intention to abate and remove the vehicle or part thereof, a
public hearing shall be held by the City Manager to determine
whether the vehicle or part thereof shall, be abated and removed as
a public nuisa~ce and whether the ad,,inistrative costs and the
costs of abatement and removal shall be assessed against the
land. A sworn written statement of the owner of the land denying
respo~lsibi].ity for tile presence of the vehicle or part thereof on
his ].and shall be constr-ued as a request for ]tearing.
Section 7. NOTICE: The City Manager shall set a date for
the pub].ic hearing and sha].l deliver notice thereof to the persons
and in the manner specified in Section 5 not less than ten (10)
days prior to such date.
Section 8. IIEAR/.NG: The hearing shall be held before the
City Manager who shall 1tear all facts and testimony he deems
pertinent. Said facts a~]d testimony may include testimony on the
condition of the vehicle or part thereof and the circumstances
concerning its location on private property or public property.
The City Manaqer shall not be ].imited by the technical rules of
evidence. The owner of the land o~] which the vehicle or part
thereof is located may a;opear in person at the hearing '.~t present
a sworn written statement denying responsibility for the presence
of the vehicle or part thereof on the land, with his reasons for
such denial.
Section 9. NON-LIABILITY OF LANDOWNER: If it is determined
at the hearing that the ~ehicle or part thereof was placed on the
land without the consent of the landowner and that he has not
subsequently acquiesced in its presence, the City Manager shall
~]ot assess costs of administration or abatement and removal
against the land or otherwise attempt to collect such costs from
such owner.
Section 10. ABATEMENT: If releases have been signed
pursuant' to Section 5, or. if a request pursuant to Section 6 is
not received, or if the City Manager after hearing determines that
the vehicle or part thereof constitutes a public nuisance, the
City Manager or other duly authorized person shall abate and
remove the vehicle or part thereof from the land in accordance
with the provisions of California Vehicle Code §§ 22660 et seq.,
excep't as otherwise provided in Sections 11, 12 and 13. After a
vehicle }las been abated a~]d removed, it shall not be reconstructed
or made operable, unless it is a vehicle which qualifies for
either horseless carriage license plates or historical vehicle
1. icense ut. aCes, pursuat]t to § 5004 of the Vehicle Code of the
State of California, in which case the vehicle may be
reconstructed or made operable.
Section 11. APPEAL TO CITY COUblCIL; PUBLIC flEARING
REQUIRED: The owner of 'the land upon which tile vehicle or part
thereof is located or the owner of the vehicle or part thereof may
appeal the determina'~oio~] after hearing of the City Manager to the
City Council by filing written notice thereof with the City Clerk
within five (5) days aft~.r having received notice of such
determination from the City Manager. If such.a notice is filed,
the City Council shali hold a public hearing thereon.
Section 12. NOTICE OF APPEAL HEARING: Tile City Clerk shall
set a date for the public hearing on appeal and shall deliver
notice thereof to the persons and in the manner specified in
Section 5 not less than five (5) days prior to such date.
Section 13. ItF. ARiNG DE NOVO: The City Council shall hold a
pub[i.c hearJ.~g de ~ovo ¢)~ the appeal. The City Council shall
succeed to arid may exercise ali powers otherwise vested in the
City Manager by this Chapter. The determination of the City
Council shall be final.
Section 14. ASSESSMEb]T OF COSTS: Except as provided in
Section 9, the costs of admil~istraki, on arid removal may be assessed
again]st the la~d from wi~ich the vehicle or part thereof was abated
and removed, to be collected at the same time and in the same
manner as ordinary City taxes are co].lected, and shall be subject
to the same penalties and the same procedure and sale in case of
delinquency as provided .for ordinary City taxes. Ali. laws
applicable to tI~e levy, co].lection and enforcement of City taxes
shall be applicable to such assess,nent.
Section 15. NOTICE TO DEPARTMENT OF blOTOR VEHICLES: Within
five (5) days after abatement and removal, notice shall be given
· to the Department of Motor Vehicles identifying the vehicle or
part thereof. Any evidence of registration available, including,
but not limited to, tile registration card, certificates of
ownership, and license plates, shall be transmitted together with
such notice.
Section 16. PENALTIES:
(a) Any person who causes or permits the storage of an
abandoned, wrecked, dismantled, or inoperative vehicle
or part thereof on private or public property not
including streets is guilty of a misdemeanor.
(b) Ar~y person who fails or refuses to abate and remove an
abat~do,]ed, wrecked, dismantled, or inoperative vehicle
or part thereof from private property or public property
not including streets, after having received notice
pursuant to Section 5, is guilty of a misdemeanor.
(c) Any I]erson who prevei~ts or refuses to permit the
ei~trance of the City Manager or other duly authorized
person upon private property or public property, not
including streets, to examine a vehicle or part thereof,
to obtain information as to the identity of a vehicle or
par.t thereof, or to remove or cause the removal of a
vehicle or part thereof declared to be a public nuisance
by or pursuant to this Chapter is guilty of a
misdemeanor.
Section 17. EFFECT.[VE D~rE AND POSTING OF ORDINANCE. This
Ordinance shall take effect and be in force thirty (30) days from
and after the date of its passage. The City Clerk of the City of
Dublin shall cause this Ordinance to be posted in at least three
(3) public places in the City of Dublin in accordance with Section
36933 of the Government Code of the State of California.
PASSED AND ADOPTED by the City Council of the City of Dublin
on this 21stday of December , 1987, by the following vote:
AYES:
Councilmembers Hegarty, Moffatt, Snyder, Vonheeder
and Mayor Jeffery
NOES: None
ABSENT: None
ATTEST: