Division 19 constitutes enforcement regulations for the enforcement of provisions of this Title to be used in conjunction with Division 2 of Title 1.

(Ord. 2024-18, § 1(Exh. A), 2024)

Pursuant to the authority granted to the City Council in state law, it is the intent and purpose of this Chapter to set forth the provisions for the enforcement of this Title by reference to the procedures set out in Division 2 of Title 1 of this Code. The procedures are designed to ensure the due process rights of any affected property owner or other person having possession or control of the real property involved. This Chapter provides remedies which are in addition to and does not limit, preclude, waive or supersede any other criminal or civil remedy available by law for the enforcement of this Title or to abate any violation of this Title.

(Ord. 2024-18, § 1(Exh. A), 2024)

It is the duty of every owner of real property or other person in possession or control of real property within the City to prevent a violation of this Title from arising from or existing on any real property they own or control.

(Ord. 2024-18, § 1(Exh. A), 2024)

It is a violation of this Title and County Ordinance Code Section 1-2-201 for a property owner and/or other person in control of a property to maintain or permit a nuisance or a violation of this Title on real property. Any use or condition on real property which is in violation of this Title or in violation of permits approved pursuant to the provisions of this Title shall constitute a violation of this Title and, if not abated, may be subject to the enforcement procedures outlined in this Chapter or Title 1.

(Ord. 2024-18, § 1(Exh. A), 2024)

The intent of this Chapter is to prescribe regulations pertaining to abandoned vehicles.

(Ord. 2024-18, § 1(Exh. A), 2024)

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:

(a)

Deleterious Effects. The accumulation and storage of abandoned, wrecked, dismantled, or inoperative vehicles or parts thereof creates 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; and

(b)

Public Nuisance. The presence of an abandoned, wrecked, dismantled, or inoperative vehicle or parts thereof, except as expressly hereinafter permitted, shall constitute a public nuisance which may be abated as such in accordance with the provisions of this Chapter. A public nuisance as described shall include a vehicle that creates a deteriorating environmental condition, reduces the value of private property, promotes deterioration of a business district or neighborhood, invites plundering, creates fire hazards, constitutes an attractive nuisance endangering the health and safety of minors, harbors rodents and insects, or jeopardizes health, safety and general welfare.

(Ord. 2024-18, § 1(Exh. A), 2024)

The Director of the Community Development Department is designated as the official responsible for the administration of this Chapter. In the administration of this Chapter, the Director may, upon presentation of proper credentials, enter upon private or public property to examine a vehicle or part 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 and to Section 22663 of the Vehicle Code.

(Ord. 2024-18, § 1(Exh. A), 2024)

It shall be unlawful for any person to abandon, park, store, or leave, or permit the abandonment, parking, storing, or leaving, of any vehicle or part thereof which is in an abandoned, wrecked, dismantled, or inoperative condition within the City for a period in excess of seven (7) days.

(Ord. 2024-18, § 1(Exh. A), 2024)

This Chapter shall not apply to:

(a)

Enclosed Within Building. A vehicle or part thereof which is completely enclosed within a building where it is not visible from the street or other public or private property.

(b)

Part of Business. 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 junk dealer, or when such storage or parking is necessary to the operation of a lawfully conducted business or commercial enterprise.

(c)

Historic Vehicle. A vehicle or part thereof which qualifies as a vehicle of historic value and has special identification plates for a historical vehicle as described in Section 5004 of the California Vehicle Code.

(d)

General Agriculture. Parcels that are a minimum of five (5) acres in any General Agriculture zone.

(Ord. 2024-18, § 1(Exh. A), 2024)

The Director shall proceed as follows in the investigation and enforcement of violations of Section 9-19-304:

(a)

Notice of Intention to Abate and Remove Vehicle. When the Director determines that a violation of this Chapter exists, the owner of the property in violation, as shown on the latest assessment roll, and the last registered and legal owner of the vehicle, shall be notified by registered or certified mail of the intention to abate and remove the vehicle or part thereof as a public nuisance. The Notice shall state that the owner of the property and/or vehicle has ten (10) business days in which to correct the violation or appeal the determination of the Director to the Planning Commission for a public hearing. This required Notice may be waived by the owner(s) of the property and/or vehicle with a signed release authorizing removal and waiving further interest in the vehicle or part thereof.

(b)

Statement of Nonresponsibility. If a vehicle was abandoned without the consent or knowledge of the property owner, and he/she has direct control of the property, the property owner may submit a Statement of Nonresponsibility within ten (10) business days of the mailing of the Notice of Intention to Abate and Remove the Vehicle. If the Director determines the property owner is not responsible for the abandoned vehicle, the administration fee will be waived. If staff determines the owner is responsible for the abandoned vehicle, he/she will be so advised. This determination can be appealed pursuant to Section 9-19-306(c).

(c)

Appeals. Appeals of the Notice of Intention to Abate and Remove Vehicle shall be filed pursuant to Section 9-2-412 (Appeals under the Staff Review with Notice Procedure), except for the following provisions:

(1)

The owner of the vehicle and/or the owner of the property may file this appeal.

(2)

When an appeal is heard by the City Council pursuant to Chapter 2 of Division 5 of Title 8, any violation of Chapter 3 of Division 19 of this Title included in the Notice of Violation shall be heard by the City Council.

(d)

Public Hearing Procedure. The public hearing shall allow for the submittal of oral and written evidence relative to the existence of a violation of this Chapter on the property and whether the property owner is responsible for or has consented to the placement of the vehicle on the property. The property owner may appear in person or submit a sworn statement denying responsibility for the presence of the vehicle on the property. At the conclusion of the public hearing, the existence of a violation shall be determined and if a violation exists, it shall be determined whether the property owner is responsible for such violation. If it is found that a violation exists but the property owner is not responsible, the City shall not assess costs of administration or removal of the vehicle against the property owner. The decision of the hearing official shall be final and may not be appealed.

(e)

Removal of the Vehicle. If an appeal has not been filed within the required time period or the Planning Commission has made a determination that a violation exists and the vehicle or part thereof remains on the property, the vehicle or part thereof may be disposed of by removal to a scrapyard or automobile dismantler's yard. The removal shall be performed by the City or a licensed automobile dismantler authorized by the City, either of which may enter private or public property to remove the vehicle or part thereof declared to be a nuisance pursuant to this Chapter. The Director is authorized to select licensed automobile dismantlers pursuant to policies and procedures adopted by the City Council.

(f)

Vehicle Not to be Reconstructed. Any vehicle removed as a result of this Chapter shall not be reconstructed or made operable unless it is a vehicle which qualifies for either horseless carriage license plates or historical vehicle license plates.

(g)

Notice to the Department of Motor Vehicles. Within five (5) business days after the removal, notice shall be given to Department of Motor Vehicles that identifies the vehicle or part thereof, and evidence shall be submitted of all avail registration, including, but not limited to, the registration card, certificates of ownership, or license plates.

(Ord. 2024-18, § 1(Exh. A), 2024)

The City Council shall establish fees for administrative and vehicle removal costs. These costs are the joint and several personal obligations of the last registered owner and the owner of the parcel of land from which the vehicle was removed, provided, however, that the last registered owner who can satisfy the requirements of Vehicle Code Section 22524(b) shall not be personally liable for the costs and provided, further, that it has been found that the owner is not responsible for the location of the vehicle on his or her property. If the fees are not paid within thirty (30) business days of the date of the order or the final disposition of an appeal therefrom, such fees shall be assessed against the parcel of land pursuant to Section 25845 of the Government Code and shall be transmitted to the tax collector for collection. Said assessment shall have the same priority as other taxes.

(Ord. 2024-18, § 1(Exh. A), 2024)

It is unlawful for any person to fail or refuse to remove an abandoned, wrecked, dismantled, or inoperative vehicle or part thereof, or to refuse to abate such nuisance when ordered to do so in accordance with the abatement provisions of this Chapter or state law where applicable.

(Ord. 2024-18, § 1(Exh. A), 2024)

Licensed dismantlers or commercial enterprises acquiring vehicles removed pursuant to this Chapter shall be excused from the reporting requirements of Section 11520 of the Vehicle Code, and any fees and penalties which would otherwise be due the Department of Motor Vehicles are hereby waived, provided that a copy of the resolution or order authorizing disposition of the vehicle is retained in the dismantlers' or commercial enterprises' business records.

(Ord. 2024-18, § 1(Exh. A), 2024)

Any violation of a provision of this Chapter shall be a misdemeanor punishable by imprisonment in the County Jail for a term not to exceed six (6) months, or by a fine not to exceed five hundred dollars ($500.00), or both.

(Ord. 2024-18, § 1(Exh. A), 2024)