Ordinance 1692Ordinance No. 1692
New Series
New Series
AMENDING THE ALAMEDA
MUNICIPAL CODE BY AMENDING
ARTICLE 8, CHAPTER 3; TITLE XVII
THEREOF, CONSISTING OF SEC-
TIONS .17 -381 THROUGH 17 -3816,
PROVIDING FOR THE ABATEMENT
AND REMOVAL AS PUBLIC
NUISANCES OF ABANDONED,
WRECKED; DISMANTLED OR
INOPERATIVE VEHICLES OR
PARTS THEREOF.FROM PRIVATE
OR PUBLIC PROPERTY, EXCEPT
HIGHWAYS;,AND RECOVERY OF
ADMINISTRATIVE COSTS
THEREOF, PURSUANT TO SECTION
22660, VEHICLE CODE OF CALIFOR-
NIA
BE IT ORDAINED BY THE COUN-
CILOFTHE CITY OFALAMEDAthat:
Section 1. Article 8; Chapter 3, Title
XV I I, of the Alameda Municipal Code is
hereby amended to read:
Article B. Abatement, Removal of
Abandoned, Wrecked, Dismantled
or Inoperative Vehicles
Sec. 17 -381. Council Findings,
Declarations and Definitions. In addi-
tion to and in accordance with the de-
termination made and the authority
granted by the State of California under
Section 22660 of the Vehicle Code to
remove abandoned, wrecked, dis-
mantled or inoperative vehiclesor parts
thereof as public nuisances, the City
Council hereby makes.the following
findings and declarations.::
The accumulation and storage of
abandoned wrecked, dismantled, or
inoperative vehicles or partsther.eof.on
private or public property not including
highways is hereby 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 at-
tractive nuisance creating a hazard to
the health and safety of.minors, to
create a harborage for. rodents and in-
sects 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 not including highways;
except as expressly hereinafter permit -
ted, is hereby declared to constitute a
.public nuisance which may be obatedas
such in accordance with the provisions
ofthis Article.
As used in this Article:
(a) The term "vehicle" means 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 rai is or tracks.
(b) Theterm "highway" meansawav
or place of whatever noture,.oubiiciv
maintained and open to the use of the
public for purposes of vehicular travel.
Highway includes street.
(c) The term "public property" does
not include "highway. ".
(d) The term "owner of the land"
means the owner of the land on which
the vehicle, or parts thereof, is located,
as shown on the last equalized assess-
ment ro I I..
(e) The term "owner of the vehicle"
means the last registered owner and
legal owner of record.
Sec. 17 -382. Exclusions. This Article
shall notapplyto:
(a) A vehicle, or parts thereof, which
is completely enclosed within a building
in a lawful manner where it is not visible
from the street o r other public or private
property; or
(b) A vehicle, or parts thereof, which
is stored or parked i n a lawful manneron
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 en-
terprise.
Nothing inthis section shall authorize
the maintenance of a public or private
nuisance as defined under provisions of
law other than Chapter 10 (commencing
with Section 22650) of Division 11 of the
Vehicle Code and this Article.
Sec. 17 -383. Cumulative Remedies.
This Article is not the exclusive regula-
tion of abandoned, wrecked, dismantled
or inoperative vehicles within the City.
Itshall supplementand 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
iurisdiction.
Sec. 17 -384. Enforcement Agency.
Except as otherwise provided herein,
the provisions of this Article shol I bead-
ministered and enforced by the Chief of
Police. In the enforcement of this Ar-
ticle such officer and his deputies may
enter upon private property to examine
a vehicle or. parts thereof, or obtain in-
formation as to the identity of a vehicle
and to remove or cause the mmova l of a
vehicle or parts thereof declaredto be a
n usiance pursuant to this Article
. Sec. 17 -385. Towing Contractor. When
the City has contracted with or granted a
franchise to any person or persons; such
person or persons shal I 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 Article.
Sec. 17-386. Administrative Costs. The
Council shall from time to time deter -
mineand fix an amount to be assessed as
administrative costs (excluding the ac-
tual cost of removal of any vehicle or
parts thereof) underthis Article.
Sec. 17 -387. Authority to Remove.
Upon discovering the existence of an
abandoned; wrecked, dismantled, or
inoperative vehicle, or partsthereof, on
private property or public property
within the City, the Chief of Police shall
have the authority to cause the
abatement and removal thereof in ac-
cordance with the procedure
prescribed herein.
Sec: 17 -388. Notice of Intention to
Remove. A 10 -day notice of intention to
abate and remove the vehicle, or parts
r '1 -
Alameda City Ordinances Ordinaneo Nn. 1692
New Scries
thereof, as a public nuisance shall be
mailed by registered mail 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 ow-
nership. The notices of intention shall be
in substantial ly the following forms:
NOTICE OF INTENTION TO
ABATE AND REMOVE AN ABAN-
DONED, WRECKED, DIS-
MANTLED, OR INOPERATIVE
VEHICLE OR PARTS THEREOF
ASA PUBLIC NUISANCE
(Name and address of owner of the
land)
As owner shown on the last
equalized assessment roll of the
land located at (address), you are
hereby notified that the undersigned
pursuant to Sections 17 -381 and
following, Alameda Municipal
Code, has determined that there
exists upon said land an (or parts of
on) abandoned, wrecked, dis-
mantled or inoperative vehicle
registered to ...................
license number ...............
which constitutes a public nuisance
pursuant tothe provisions of Article
8, Chapter 3, Title XVI I, Alameda
Municipal Code.
You are hereby notified to abate
said nuisance by the removal of
said :vehicle (or said parts .of a
vehicle) within 10 days from the
date of mailing of this notice, and
upon your failure to do so the some
will be abated and removed by the
City of Alameda and the costs
thereof, together with administra-
tive costs, assessed to you as owner
of the land on which said vehicle
(or parts of a vehicle) is located.
As owner of the .land on which
said vehicle (or said parts of a
vehicle) is located, you are hereby
notified that you may, within -10
days after the mailing of this notice
of intention, request a public hear-
ing and if such a request is not
received by the Traffic. Advisory
Committee within such 10 -day
period, the Chief of Police shall
have the authority to abate and
remove said vehicle (or said parts
of a vehicle) as a public nuisance
and assess the costs as aforesaid
without a public "hearing, You may
submit a sworn written statement
within such .10 -day period denying
responsibility for the presence of
said vehicle (or sold parts of a
vehicle): on said land, with your
reasons for denial, and such
statement shall be construed as a
request.for hearing at which your
presence is not required. You may
appear in person at any hearing
requested by you or the owner.of
the vehicle or, in lieu thereof, may
present a sworn written statement
as aforesaid in time for considero-
tion at such hearing. Notice Mailed
............ ..._..
. Chief of Police
Alameda, California
NOTICE OF INTENTION TO
ABATE AND REMOVE AN ABAN-
DONED, WRECKED, DIS-
MANTLED OR INOPERATIVE
VEHICLE OR PARTS THEREOF
AS A PUBLIC NUISANCE
(Name and address of last regis-
tered and /or legal owner of,
record of vehicle — notice must
be given to both if different)
As last registered (and/or legal)
owner of record of (description of
vehicle — make, model, license,
etc.), you are hereby notified that
the undersigned pursuant to Sec-
tions 17 -381 and following, Alameda
Municipal.Code, has determined
that said.vehicle (or parts of a
vehicle) exists as an abandoned,
wrecked, dismantled or inopera-
tive vehicle at (describe location on
public or private property) and
constitutes a public nuisance pur-
suant to the provisions of Article 8,
Chapter 3, Title XVI I, Alameda
Municipal Code.
You are herebv notified to abate
said nuisance by the removal of
said vehicle (or said parts of a
vehicle) within 10 days from the
date of mailing of this notice.
As registered (and /or legal)
owner of record of said vehicle (or
said parts of a vehicle) you are
hereby notified that you may,
within 10 days after the mailing of
this notice of intention, request a
public hearing and if such a request
is not received by the Traffic Ad-
visory Committee within such 10-
day period, the Chief of Police shall
have the authority to abate and
remove sold vehicle for said parts
of a vehicle) without a hearing.
Notice mailed... ................
(date)
Chief of Police
Alameda, California
Sec.. 17 -389. Reauest for Hearing
on Notices. Upon request by the owner
of the vehicle or owner of the land
received by the Chief of Police within
10 days after the mailing of the notices
of intention to abate and remove, a
public hearing -shall be held by the
Traffic Advisory Committee on the
question of abatement and removal of
the vehicle or parts thereof as an aban-
doned; wrecked, dismantled or
inoperative vehicle, and the assess-
ment of the administrative costs and
the cost of removal of the vehicle or
parts thereof against the property on
which it is located.
If the owner of the land submits a
sworn written statement denying re-
sponsibility for the presence of the
vehicle on his [arid within such 10 -day
period, said statement shall be cons-
trued as a request for a hearing which
does not require his presence. Notice of
the hearing shall be mailed, by regis-
tered mail, at least 10 days before the
hearing to the owners of the land and to
the owner -of the vehicle, unless the
vehicle is in such condition that iden-
tification numbers are not available to
determine ownership. If such a request
for hearing is not received within sold
10 days after mailing of the notice of
r`Z-
City Ordinance No. 1692
Ncw Scries
intention to abate and remove, the City
shall have the authority to abate and
remove the vehicle or parts thereof as
a public nuisance without holding a
public hearing.
Sec. i7 -3810. Hearing and Decision by
Traffic Advisory Committee. All hear•
ings under this Article shall be held
before the Traffic Advisory Committee
which shall hear all facts and testimony
it deems pertinent. Said facts and tes-
timony may include testimony on the
condition of the vehicle or parts thereof
and the circumstances concerning its
location on the said private property or
public property• The Traffic Advisory
Committee shall not be limited by the
technical rules of evidence. The owner
of the land may appear in person at the
hearing or present a sworn written sta-
tement in time for consideration at the
hearing, and deny responsibility for
the presence of the vehicle on the land,
with his reasons for such denial.
The Traffic Advisory Committee
may impose such conditions and take
such other action as it deems
appropriate under the circumstances
to carry out the purpose of this Article.
It may delay the time for removal of the
vehicle or parts thereof if, in its
opinion, the circumstances justify it. At
the conclusion of the public hearing,
the Traffic Advisory Committee may
find that a vehicle or parts thereof has
been abandoned, wrecked; dismantled,
or is inoperative un private or public
Property and order the some removed
from the property as a public nuisance
and disposed of as hereinafter provided
and determine the administrative costs
and the cost of removal to be charged
against the owner of the land. The
order requiring removal shall include a
description of the vehicle or parts
thereof and the correct identification
number and license number of the
vehicle, if available at the site.
If it is determined at the hearing that
the vehicle was placed on the land
without the consent of the owner of the
land and that he has not subsequently
acquiesced in its presence, the Traffic
Advisory Committee shall not assess
the costs of administration or removal
of the vehicle against the property
upon which the - vehicle is located or
otherwise attempt to collect such costs
from such owner of the land.
If the owner of the land submits a
sworn written statement denying res-
ponsibility for the presence of the
vehicle on his land but does not appear,
or if an interested party makes a writ-
ten presentation to the Traffic Ad-
visory Committee but does not appear,
he shall be notified in writing of the
decision.
Sec. 17 -3811. Appeal to City council.
Any interested party may, appeod the
decision of the Traffic Advisory Com-
mittee by filing a written notice of ap-
peal with the said Committee within 5
days after its decision.
Such appeal shall' be heard by the
City Council which may affirm, amend
or reverse the order or take other ac-
tion deemed appropriate.
The City Clerk shall give written no-
tice of the time and place of the hearing
to the appellant and those persons
specified in Section 17 -388.
In conducting the hearing the Council
shall not be limited by the technical
rules of evidence.
Sec. 17- 3812. Disposal of Vehicle.
Five days after adoption of the order
declaring the vehicle or parts thereof
to be a public nuisance, five daysfrom
the date of mailing of notice of the
decision if such notice is required by
Section 17 -3810, or 15 days after such
action of the City Council authorizing
removal following appeal, the vehicle
or parts thereof may be disposed of by
removal to a suitable site. After a
vehicle has been removed if shall not
thereafter be reconstructed or made
operable.
Sec. 17 -3813. Notification to State
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 Vehicle any
evidence of registration available,
including registration certificates,
certificates of title and license plates.
Sec. 17 -3814. Costs of Lien. If the ad-
ministrative costs and the cost of
removal which are charged against the
owner of a parcel of land pursuant to
Section 17 -3810 are not paid within 30
days of the date of the order or the
final disposition of an appeal
therefrom, such costs shall be assessed
against the parcel of land pursuant to
Section 38773.5 of the State Govern-
ment Code and shall be transmitted to
the Tax Collector for collection.Said
assessment shall have the same
priority as other city taxes.
Sec. 17 -3815. Abandonment of
Vehicle Prohibited. It shall be unlaw-
ful for any person to abandon, park,
store, or leave or permit the abandon-
ment, parking, storing or leaving of
any licensed or unlicensed vehicle or
parts thereof which is in an abandoned,
wrecked, dismantled or inoperative
condition upon any private property or
Public property not including highways
within the City for a period in excess of
five days unless such vehicle or parts
thereof is completely enclosed within a
building in a lawful Manner where it is
not plainly visible from the street or
other public or private property, or
unless such vehicle 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 iunkyard.
Alameda City Ordinamces Ordinance No. 16 4 32
NuW Series
Sec. 17 -3816. Failure To Kemove
Vehicle Prohibited. It shall be unlaw-
ful for any person to fail or refuse to
remove an abandoned, wrecked, dis-
mantled or inoperative vehicle or
parts thereof or refuse to abate such
nuisance when ordered to do so in ac-
cordance with the abatement
provisions of this Article or state law
where such state law is applicabic.
Section 2. This ordinance shall be
in full force and effect from and after
the expiration of thirty (30) days from
the date of its final passage.
TERRY LA CROIX, JR.
Presiding Officer
of the Council
Attest:
ETHEL M. PITT
Deputy City Clerk
1, the undersigned, hereby certify
that the foregoing Ordinance was duly
and regularly adopted and passed by
the Council of the City of Alameda in
adjourned regular meeting assembled
on the 17th day of May, 1973, by the
following vote, to wit:
AYES: Councilmen Beckam,
Corica, Hurwitz, McCall and President
La Croix, Jr., (5)
NOES: None.
ABSENT: None.
IT WITNESS WHEREOF, I have
hereunto set my hand and affixed the
official seal of said City this 18th day of
May, 1973.
(SEAL)
ETHEL M. PITT
Deputy City Clerk of
the City of Alameda
No. 1095 — Publish May 19, 1973