CHAPTER 10.72 - ABANDONED VEHICLES#

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Editor's note— Prior ordinance history: Ords. 250B and 412B §§3, 4, health, safety and general welfare. Therefore, the presence of abandoned, wrecked, dismantled or inoperative vehicles or parts thereof, on private or public property, except as expressly hereinafter permitted is declared to constitute a public nuisance which may be abated as such in accordance with the provisions of this chapter.

10.72.010 - Finding—Nuisance declared.#

In addition to and in accordance with the determination made and the authority granted by the state under Section 22660 of the Vehicle Code to remove abandoned, wrecked, dismantled or inoperative vehicles or parts thereof as public nuisances, the city council makes the following findings and declarations:

The accumulation and storage of abandoned, wrecked, dismantled or inoperative vehicles or parts thereof on private property 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 public.

(Ord. 571B §1(part), 1992; Ord. No. 911B, § 10(Exh. C), 4-26-2016)

10.72.020 - Definitions.#

As used in this chapter:

"Department head" means the city official designated by resolution or ordinance to conduct hearings pursuant to this chapter.

"Driveway" means a poured-in-place asphalt or concrete slab which covers less than 50 percent of the required front yard area and is connected to a public right-of-way by a curb cut or similar method.

"Hearing officer" means the officer designated by the city manager pursuant to Section 1.20.070 to conduct hearings pursuant to this chapter.

"Highway" means 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 or alley.

"Inoperative vehicle" means any vehicle which cannot be legally operated on the street because of lack of current registration, missing parts, or which cannot be operated under its own power.

"Owner of land" means the owner of the land on which the vehicle, or parts thereof, is located, as shown on the last equalized assessment roll.

"Owner of vehicle" means the last registered owner and legal owner of record.

"Public street" means a way or place of whatever nature, publicly maintained and open to use of the public for purposes of vehicular traffic. "Public street" includes alleys.

"Vehicle" means a device by which any person or property may be propelled, moved or drawn upon a highway, except a device moved exclusively by human power or used exclusively upon stationary rails or tracks.

(Ord. 571B §1(part), 1992; Ord. No. 911B, § 10(Exh. C), 4-26-2016)

10.72.030 - Exemptions.#

(a) This chapter shall not apply to:

(1) 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, or a licensed junk dealer or when such storage or parking is necessary to the operation of a lawfully conducted business or commercial enterprise permitted by the city; or

(2) 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.

(b) Nothing in this section shall authorize the maintenance of a public or private nuisance as defined under provisions of a law other than Chapter 10, commencing with Section 22650, of Division 11 of the Vehicle Code and this chapter.

(Ord. 571B §1(part), 1992)

10.72.040 - Chapter not exclusive regulation.#

This chapter is not the exclusive regulation 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 legal entity or agency having jurisdiction.

(Ord. 571B §1(part), 1992)

10.72.050 - Enforcement—Right of entry.#

Except as otherwise provided herein, the provisions of this chapter shall be administered and enforced by the director of community development. In the enforcement of this chapter the director and his or her agents and employees may enter upon private or public property to examine a vehicle or parts thereof, or obtain information as to the identity of a vehicle and to remove or cause the removal of a vehicle or parts thereof declared to be a nuisance pursuant to this chapter.

(Ord. 571B §1(part), 1992)

10.72.060 - Persons granted franchise or contract—Right of entry.#

When the city has contracted with or granted a franchise to any person or persons, such person or persons shall be authorized to enter upon private property or public property to remove or cause the removal of a vehicle or parts thereof declared to be a nuisance pursuant to this chapter.

(Ord. 571B §1(part), 1992)

10.72.070 - Assessment of administrative costs.#

The city council shall from time to time determine and fix by resolution an amount to be assessed as administrative costs (excluding the actual costs of removal of any vehicle or parts thereof) under this chapter.

(Ord. 571B §1(part), 1992)

10.72.080 - Abatement and removal authority.#

Upon discovering the existence of an abandoned, wrecked, dismantled or inoperative vehicle, or parts thereof, of private property or public property within the city, the department head shall have the authority to cause the abatement and removal thereof in accordance with the procedure prescribed in this chapter.

(Ord. 571B §1(part), 1992)

10.72.090 - Notice of intention to abate and remove.#

A ten-day notice of intention to abate and remove the vehicle or parts thereof as a public nuisance shall be mailed by registered or certified mail, return receipt requested to the owner of the land and to the owner of the vehicle, unless the vehicle is in such condition that identification numbers are not available to determine ownership.

The notices of intention shall be in substantially the following forms:

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NOTICE OF INTENTION TO ABATE AND REMOVE AN ABANDONED, WRECKED, DISMANTLED, OR INOPERATIVE VEHICLE OR PARTS THEREOF AS A PUBLIC NUISANCE

(NAME AND ADDRESS OF OWNER OF LAND)

As the owner shown on the last equalized assessment roll of the land located at (address), you are hereby notified that the undersigned, pursuant to Lincoln Municipal Code Section 10.72.010 and following, has determined that the vehicle (or parts of the vehicle) exists as an abandoned, wrecked, dismantled or inoperative vehicle at (describe location on public or private property) and constitutes a public nuisance pursuant to the provisions of Section 10.72.010 and following:

You are hereby notified to abate the nuisance by removing the vehicle or parts of the vehicle within ten days from the date of mailing of this notice.

As registered (and/or legal) owner of record of the vehicle (or parts of the vehicle), you are hereby notified that you may, within ten days after the mailing of this notice of intention, request a hearing before a hearing officer. If such a request is not received by the department head within the ten-day period, the department head shall have authority to abate and remove the vehicle or parts of the vehicle without a hearing. If the city abates and removes the vehicle, the city may assess the city's costs of abatement and removal against the property owner, or, in the case of an abandoned vehicle, against the last registered owner of record.

Notice mailed

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(Department Head)

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(Ord. 571B §1(part), 1992; Ord. No. 911B, § 10(Exh. C), 4-26-2016)

10.72.100 - Appeals.#

Within ten days of the date of the notice of intention prescribed by Section 10.72.090 is mailed, the property owner and/or the vehicle owner may appeal the determination that a vehicle or part be abated. Such appeals shall be heard and determined as set forth in Chapter 1.20.

If no request for hearing is received by the department head within the time prescribed by this section, the director shall cause the vehicle or part to be removed and disposed of in the manner authorized by this chapter.

(Ord. No. 911B, § 10(Exh. C), 4-26-2016)

Editor's note— Ord. No. 911B, § 10(Exh. C), adopted April 26, 2016, amended § 10.72.100 in its entirety to read as set out herein. Former § 10.72.100 pertained to hearing—general and derived from Ord. 571B §1(part), adopted in 1992.

10.72.110—10.72.150 - Reserved.#

Editor's note— Ord. No. 911B, § 10, adopted April 26, 2016, repealed §§ 10.72.110—10.72.150 in their entirety. Former §§ 10.72.110—10.72.150 pertained to: hearing—presence of owner not required when—abatement without hearing when; hearing—held before the hearing board—facts and testimony; hearing—imposing conditions—order; hearing—nonassessment of costs; hearing—notification of decision, respectively, and derived from Ord. 571B §1(part), adopted in 1992.

10.72.160 - Removal—When.#

If no request for hearing is received by the department head within ten days after the mailing of the issuance of the notice of intention to abate and remove pursuant to Section 10.72.090, the vehicle or parts thereof may be disposed of by removal to a scrap yard or automobile dismantler's yard. After a vehicle has been removed, it shall not thereafter be reconstructed or made operable, unless it is a vehicle which qualifies for either horseless carriage license plates or historical vehicle plates, pursuant to Vehicle Code Section 5004, in which case the vehicle may be reconstructed or made operable.

(Ord. 571B §1(part), 1992; Ord. No. 911B, § 10(Exh. C), 4-26-2016)

10.72.170 - Removal—Notice to department of motor vehicles.#

Within five days after the date of removal of the vehicle or parts thereof, notice shall be given to the department of motor vehicles identifying the vehicle or parts thereof removed. At the same time there shall be transmitted to the department of motor vehicles any evidence of registration available, including registration certificates, certificates of title and license plates.

(Ord. 571B §1(part), 1992)

10.72.180 - Removal—Costs—Assessment—Collection.#

If the city abates and removes the vehicle, the city may assess the administrative costs, including attorneys' fees, as a special assessment against the property owner by the method specified in Section 8.08.100.

(Ord. 571B § 1(part), 1992; Ord. No. 911B, § 10(Exh. C), 4-26-2016)