O 095 C.S.
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AN (il{l:..i i'i..>..~,Co ~; U,;,:~ ... LC-" di.~d.\ :~~(J):"I lii "" _ . ',L'~" THE ARHUYU GRANDE
MUNICIPAL CODI: BY ADDING CHAPTER 10 TO TITLE 4 OF THE ARROYO GRANDE
MUNICIPAL CODE TO PROVIDE FOR THE ABATEMENT AND REOOVAL AS PUBLIC
NUISANCES OF ABANDONED, WRECKED, DISMANTLED, OR INOPERATIVE VEHICLES
OR PARTS THEREOF FROM PRIVATE PROPERTY OR PUBI.IC PROPERTY NOT
INCLUDING HIGHWAYS,AND RECOVERY OF COSTS OF ADMINISTRATION THEREOF
AS AUTHORIZED BY SECTION 22660 OF TIlE CALIFORNIA VEHICLE CODE.
THE CITY COUNCIL OF T!IE CITY OF ARROYO GRANDE DOES ORDAIN AS FOLLOWS:
SECTION 1: Title 4 "f the Arroyo Grande Munid,pal Code is amended by
adding Chapter 10 re,lating to the abatement and remOlTal as public nuisances of
certain vehicles to read as follows:
SectioD 4-10.01. In addition to and in accordance with the
determination mad.e and thf~ autho'rity grant>::d by th,,; Stat<;";; (jIf Ca.lifnrnia under
Section 22660 of the Vebicl~~ Cod~ to rt.~m('v(~ ab8nd0n.ed~ wreck~d) d.ismant~d or
inoperative vehicles or parts thoi::reaf a.s public nuls8.ru::I;;o, th,~ City CoclHcil of
the City of Arroy'''' Grande b",rehy ",akes th,~ fcl.1c';i:lng ftt,d,ings and declarations:
Thf~ aC',c'U'ii1\:latic:n, and storage c-f abr::J.nd:',';I:E:as ~",r:,::;ckeds dismantled, or
inoperative v8h:i.elt.~a or pa.rta thereof on pri.vat", or public prop,rty not
including highwaLya i.8 hereb:\' found. to ct\s:ate a conditi0n tt;;nding to reduce the
value of private property, to prc'ffiote blight and deterioration, to invite
plundering, t~ cr~ate fire hazards, to con8titu,'te an attraetive nuisanc(=
creating a hazard to the. health and safety of mi.nor's~, to c'reat8 a harborage
for rodents and iIEH~r:t.S and to be inJurio"o:ts to tb,e h'"2alths safety and ge,neral
welfare. Ther,;:;fo'f:l'::\ ~ the prtE:sence of an aba.I'!.d()ned, wr8(;,ked, dis:r.1a.ntt.1d or
inoperative v:ehicle or parts thereof, on pI'i,va'te or p~_fh lie. pr':Jpcl:ty not
including highways, ieX""pt as expre"sly !cerelnafter F",r.:dtted, is hereby
declared t::> cOr!stitut'2 " public !m,iSancf" ",bich may be abated as such in
accordance with the pf'ovisic.ns of this O:rd:i.nar:ce"
As used in th:iL:~ Ord.ina.nce:
(a) The term "vehicle" means a devic", by ,thich any person or property
may be propelled, moved, or drawn upon a high...,ay, except a device moved by hUlDan
power or used exclusively upon stationary rails or tracks.
(b) The term "high,,,ay" 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 str"et.
(c) 1'h" term "public property" do"s not include "highway."
(d) The ter!:1 "owner of the land" means the owner of the land on which
the vehic Ie, or parts thereof, is locate,d, as shown on the last equalized
assessment roll.
(e) The ter.!: "crwner of the vehicle." means the last registered owner and
legal owner of record.
Section 4-10.02. This Ordinance shall not apply to:
(a) A vehicle, i:or par t:3 thereof, which is completely enclosed within a
building in a la~"fu.l ",anner where it is not visible frO!!: the stra,st or other
public or private property; or
(b) A vehicle, [lr parts thereof, which is stored or parked 11'1 a lawful
manner on priva.te property in conn!2ction with the busin.ess of a licensed dis-
mantler, lif:ensf'.;;d veld.c.12 df;al~."t;\ ....,.r,~~. <h~a~,.;3'r ~ c.r when such storage or parking
is nece31;;U:'-'- ::c' ~hu OTJ ,:!'':1X1.on (!f ;.:'1 ::_.1A'f::\~~ ,y . ,'JT":(.~'J.cted bt'::'3iness or commercial
enteIp:r'JSt
'\"t' r iF ;; ; :~f!,':i, ., \-,;aintf;~nance of a public or
priva.tE'. >_~,_:~ :,,:1 iJlldc.:r ,:-:.;...:::; 1 /~l::. ".I ~< ;;'f>:; ()thf.''t' than Ch.apt-cr 10
(c::Y.!ill:en:o +">, .~~"\ "'c 22fJ'iO) ")'::: ",,--. "," Of' ' , t: the 1.1ehic Ie Code and this
Ord7.nanc.e ..
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J . ';.IL-~ fh.-j' 10 -I't the::; ;::,xclusive regulation
,:i:~::;"~i' :lc:-~-2d > .~,; r ,-' r:~' ...". t';,:' ,t1:3:: the City or
Arroyo Grar",j[:", "-,.).1,...) ,~ ,;"i ~-j."..':; ~', ::;'~~'2:1: regula tory
codes, statutes, anu unlinanc.e:8 ht;~r~~tJt\'l\~ 0.c Ll::,:'~'Ci;i.fte.r C;;I,la....:::ted by thl;; City or any
other legal entity or ag<.'3ncy havirog jurisdiction.
Section 4-10.04. EXC0;pt as Dt"hr,::::r:"Jisi:!; provided h(~r2in~ the
provisions of this Ordinance shall be. administered and enforced by the City of
Arroyo Grande's Chief of Police. In tilt (mfOrC8'''''2,nt of this Ordinanc,'" sEch
officer and his deputies may enter upon p,t'ivate I,Jr public. prt,perty to ~$amin~ a
vehicle or parts ther'2of, or obta.in inf;:,;.nnation tiS to tha identi~y of a vehicle
and to remove, or cause the removal of a vehicle or parts thereof declared to be
a nuisance purs~ant to this Ordinance.
Section 4-10.05. When the City Council has contracted with
or granted a franchise to any person or persons, such person or persons shall be
authorized to enter upon private property or publi" property to remove or cause
the removal of a ve~icle or parts ther(!Of declared to be a nuisance pursuant to
this Ordinance.
Sec.tion 4,"'10.06. Thf; C:Lt:;7 CutJLLc.l1 shall. from tim(~ to time
determine and fix an "i:',:!(''fJ'n,t to b:1'~' aSbH-;,si::ed a,6) a.dndnistrat1."!18 costs ~u.nder this
Ordinance.
~(;:c.ti~1.. 4-10.0Z" Up~1n di~cl:'vdring the exis tnnce of an
abandoned, wreck'i;~d, d..i81nant'h~d~ ox iriOp8rative veticle~ or parts thereof, on
private property or F,b He pr"perty within thB City, the Arroyo Grande Chief
of Poli"e shall have the au.thority to oa.use Uk'; i2.Da'l:f$ent and ra.TIoval thereof
in accordance with th,~~ pr:"c~d~~~r.e presc.ribed 'b:D:r.e:i.n.
8,,(,t1.oo 4-10,-08. A LO-d.ay notice of intention to abate and
remove the veh.ic It_~ ~ ar pa'rts the:r8~1f, aH a p't1bl:ic. m.1isance shall be 'IrL5J.iled by
registered or certifh,d mail to the O"''nUt' of tbe land and to the owner of the
vehicle, unless th~ vzhicle is in such condition that identification numbers are
not available tc Q,etenrane ownership. T'b.e nc,tices: of intention shall be in
substantially the fo1.1'Y"i..n,g forms:
NOTICE OF IlirrENTION TO ABATE AND REMOVE ,AN
ABANDONED. WRECKED. DISMANTLED. OR INOPERATIVE
VEHICLE OR PARIS THEREOF AS A PUBLIC NUISANCE
(Name ana address of o~~er of the land)
As owner shown, on the last equalized assessment roll of the
'land located a~ (address), you are hereby notified that the under-
)3'igned, pursuant to Arroyo Grande Mtmic'ipal Code'Section 4-10.07,
has determined that thereexi.sts upon said land an (or parts of an)
abandoned,' wrecked, dismant;:!.Eld ,Qt; .:i,I\qp,e.r:at;:!,v€; vehiCle registered. . , . . "
to , license mlmbE~r ,
which constitutes Ii public nuisance purauant to the provisions of
Arroyo Grande Muni"ipal Code, ~itle 4, Chapter 10.
You are hereby ndtified to abate said nuisance by the removal
of said vehicle (or said partst!of a vehicle) within ten (10) days
from the date of mailing of this notice, and upon your failure to
do so, the same will l~ abated end remov8d by the City and the costs
thereof, together liJ'ith{ adl11ilJ.is~ati\1e costs ~ assessed to you as owner
of the land on which said vehic~e (or said parts of a vehicle) is
located.
As owner "f the land on whi,ch said vi;hi"le (or said parts of a
vehide) is located, yoh are her"by n.:.tified that )"OU may, within
ten (10) days after the,,"ailing ",f this notice of intention, request
a public h8aring and if StlC" ,~ t is "ot r80eived by the Arroyo
Grarl':Jf\, Ci c".~<:, nc' 1.1:-;,:; ( d 'a l,,'~':::'iod ~ the Arroyo Grande
G'il~.-'- '-.- -=, ~:...;'; 1 ., cC> abat8 and remcwe said
V~,:l .',:", SH1,<~_ i"C':J'.: '1':.(" .j. Viblic n.u:lsance an.d assess
t;:rH~ '-:':;5'(.8 21(;; aT 1:1-:' ,;;' "" -r: I ~:', ""D.c5Ir:ing. You may submit a
~n..,n:,.~ 1 '\AryL t.t,,-.~[i ~ 1>1 \-li.t: '1 S'-'"C' I.O~'..:;a:~: J:!.;~:ri':;d denying responsi-
" ~ :;;,,:< ., ; ~',~.:: c;nc.:'~ ..>.r ,;...;._J. ,',-~~~....,.. ~.'.; ,;.(.:,," ~~.LJ. p<i:t'ts cf a v:;hicle)
on ~ -:lid L'.,.~l(1 '1 '.J,:r~ 1~'-' yr',;,,',,!" r~:.;:i;:'i(';:'5 f:c'[' ,j:/~':"lta, a~~.i -such statl2."~nen..t shall
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J ""8 cons t1.1.E~(-! 2. rl~O\'::'e;SC f'~>r l'i;:,;csrJni.' i,.'":. ;d(<i);;~',' , '
. __",or pre.Seace 'L3 net:
::'2q:_~1.'rt;:1 0 ::2.~. Pt:~,'~!:' c..- ~{ ~.. c::':'. ,'~ . d.:' ~ ',':;::i I\.1q~.::e,::: tcd h:l )/D(J.
i,yr l.:ih.:_: ,_""j;"/::T _,>~: -'",.::rl..LC ...,;~ -'t --' .L,"_ ~; t~,=c''''C~:lt::: a. ::~'",'c,'rn
writte.:ll sta.tr.;;ni.;_'~nt: as a:f:JI.\~:~'ald in t:LrJ,c't:;,,'( c,-Jr'Lsld.erat:Lofi at s1?ch hl~aring. \
Notice Mailed .3/
(date) (Chief of PD'UCEOj
NOTICE OF INTENTION TO ABATE A~D REMOVE AN
ABANDONED. WRECKED. DISMANTlED OR INOPERATIVE
VEHICLE OR PARTS THEREOF AS A PUBLIC NUISANCE
(Name and address of last reg1.~ti!red and/or
legal own~r of r~cord of vehicle -- notice
should be given to both if different)
As last registered (and/or legal) owner of record of (description
of vehicle - make, model, lic,ense, etc.) ~ YC'l1 are hereby noti.fied that
the undersigned, purs1Jlant to Mm:'licipaJ. CJde Section 4-10.07, has
determined that said vshicle (or part" c'f a vehicle) '"x:lsts as an
abandoned, "reck8d, diS1!1.a.nt1.ed or indp,::;rativL2 vehicle at (describa
location on public or private preJp,crty) and c0nstitJLtes a public
nuis ance plirSU,,~J.n t to t1::.:::-: prc.vi,,; lons of Arroyct Grand.e 'Mc.lnic. ipe.l
COdB~ 'l'itlb 4~ Chf~pter 10.
You ar(~ h~o:r'('1by notifL-;;d tD abate said nuisance by th~ removal
of said verde 1(;} (or said parts of a vnh:!.cLo) within ten (J.O) days
frc.m the dat,,, of :'Ilailing ofi:his t1(,dce.
As regia tered (and/or legal) 0""J\i'fi8t' of record ofss.id vehic 1~
(or said parts of a w:hIcle). yen are hsreby notifi"d t11:9.t yoe may,
wi thi.n ten (10) days after the ",ailing of this nutic,; of intention,
request a p'L"\blie hearing and :i.f s::2ch a r':Jque3t i.s nc.t receive.d by
the City CO;lnd,l within .,:;ch la-day pe,ricd, the Arrc:?o G:t\~ndE} Chief
of Police s1:.a.:U. h,~i'{le thea:c.::::}il.c'rity t.~, abate. .;ind rano\18said yeh::cl€
(or said. parts uf a v,';hicL:::) ;;;:.':Ll:r:i7.:t a tklaring.
Notice Mailed s/
(date) (Chief of Police)
Section 4-10,09. Upon request by the owner of the vehicle
or owner of the land r"ceived by the Arroyo Grande Chief of Police within ten (10)
days after the mailing of the notices of intention to abate and remove, a public
hearing shall be held by the Arroyo Grande Ci~J Council on the question of
abatement and removal of the vehicle or parts thereof as an abandoned, wrecked,
dismantled or inoperative vehicle, and the assessment of the administrative
costs and the cost of removal of the vehicle or parts thereof against the
property on which it i.s located.
If the owner of the land submits a sworn written statement denying
responsibility for the presence of the vehicle on his land within such 10-day
period, said statement shell be construed as a request fora hearing which does
not require his presence. Noti.ce of the hearing shall be mailed, by registered
or certified mail, at least ten (10) days he fore the hearing to the owner of the
land and to the owner of the vehicle, unless the vehicle is in such condition
that identification numbers ar8 not available to detennine ownership. If such a
request for hearing is not received within said ten (10) days after mailing of
the notice of 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.
Section 4-10,10. All hearings under this Ordinance shall be
held bef"re the ArroT' G:rande City (:"""',",1. which 811:9.11 hear all facts and testi-
mony it dc<>;";:.:;' p,E::'tiIl<'X,~:~ S.aj:,c: fEc c:: a.n(;~ tas t i.,.;';<'")tl.y may inc Iuds taa timon)'" on the
conditL:m ':rc '/211.:.c l(;: or f'fIrts '~;',::,:n::~.:'i 7".1'[<.(:' t';';,(: circums tances concerning its
locatL::::'h ",_j .t_. .~i_J t- .r..,. .,~t: f-,.-;,t>,::: (;~~)1"..~ pi::\1pi:..:i:"ty. The Arroy" Grande
.11<':::- '.~ .'.
City Counci:' Sb.fil.l n;,'t;(. ~ i::Til ted tJ-J. ,~: 'l>:..~ (', it ' 'i. c ,:~,; t'ule.s of evid.l,;nc.E~. The owner
of thL .,..'-.. j ~.~" F:2:rSGI"i a" :\'"c 1., ~].2~.7 ~_~' Or" 'p 1",2 d ;~:rr t a sw.o::::-n wri tton s ta te~
ment in t~.." ~ :"'Cd:: "-''':'::i.&L:i.':';;:R:ati(;:r~ .:d~;~2;,i; , ''';''~I....j. r"Esponsibili'=.f for the
presecce (.of {":he '/,~;;;L:L-.: 3. th.;:; 12:": ;-;i :;~ ::::1 .o1i.:: . ;'~'",', c ; ::Ej ;~o:r such dcnia~."
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....n.e . rroYIJ (,l.u.. ;.~~;:<y' 1.,HH..:..tcc.l. TIl9./ Ufr.t-:G.:.j'::~li.\..:,i~ '~,!!l' _tl.ons 8.:1 ta..8 sue-!
ocber RctiaIl as -. ,'] Pf;Y-'::'Vl:: ,_.&. t,~~_~nQt! d:t,;_, 1_ .Lr(;I.~':_']J t_~I_Ii,::',t:':. t" ~1:ir::"y '-(Et th.2
purpose of this Mualc J.i Z.:cd:; Ch2rt_e~. It \EE'1 ;i.~-:: ,':<-.:.: tim(~ fur to,:':!tLOya 1 of
the vehicle or parts thereof if, in its op i.n:.c,n: the circumstances j~:stify ito
At the conclusion of the public hearing, the Arroyo Grande City Council may find
that a vehicle or parts thereof has be"m abandoned, wrecked, dismantled, or is
inoperative on private or public property and order the same removed fron, 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 detenuined at the hearing that the vehicle was placed on the land
without the consent of the ~~ner of the land and that he has not subsequently
acquiesced in its presence, the Arroyo Grande City Council shall not assess the
costs of administration or removal of the vehicle against the property upon which
the vehicle is located or othe~Nise attempt to collect such costs from such owner
of the land.
If the owner of the land submits a sworn written statement denying
responsibility for the presence of the vehicle on his land but does not appear,
or if an interested party makes a written presentation to the Arroy,) Grande
City Council but does not appear, he shall be noti.fied in writing of the decision.
Sec tion 4-10.11. Five days after adoption of the order
declaring the vehicle or parts thereof to be a p"blic nuisance, five (5) days
from the date of mailing of notice of the decision if such notice is required
by Section 4-10.10, the vehicle or parts thereof may be disposed of by removal
to a scrapyard or autL~obile dismantler's yard. After a vehicle has been
removed it shall not thereafter be reconstructed or Inade operable.
Section 4-10.12. Within five (5) days after the date of
removal of the vehicle or parts thereof, notice slmll be given to the Depart-
ment of Motor Vehicles identifying the vehicle or parts thereof r.~oved. At
the same time there shall be transmitted to the Department of Motor Vehicles
any evidence of registration available, i,ncluding registration certificates,
certificates of title and license plates.
Section 4-10.13. If the administrative costs and the cost
of removal which are charged against the owner of a parcel of land pursuant to
Section 4-10.10 are not paid within thirty (30) days of the date of the order,
such costs shall be assessed against the parcel of land pursuant to Section
38773.5 of the Government Code and shall be transmitted to the tax collector
for collection. Said assessment shall have the same priority as other City
taxes.
SECTION 2: This Ordinance shall be in full force and effect thirty
(30) d~ys ~fter its passage, and within fifteen (15) days after its passage
it shall be published once, together with the names of the Council Members
voting thereon, in the Five Cities Times-Press-Recorder.
On motion of Councihnan de Leon, seconded by Councilman Talley, and on
the following roll call vote, to wit:
AYES: Councilmen Talley, Millis, Wood, de Leon and Mayor Schlegel
NOES: None
ABSENT: None
the foregoing Ordinance was passed and adopted this 13th day of November, 1973.
62t1~~
MAYOR
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ATTEST . A ' t.-LP', "'.~ ;;>:;.,,2=";
-''.;.;-{'"''w~.._m_'__'~_~-',~-_, "-~~_"_"'_"4..=P_"=~~_~
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tI I, Ines A. del Campo~ CiLY ClerK of tt~ City of Arroyo Grande, C0~nty of
San Luis Obispo, State of California, do heeeb, certify t~'at the fDregoing
Ordinance No. 95 C.S. is a true, full and correct copy of said Ordinance passed
and adopted by the City Council of the City of Arroyo Grande at a regular
meeting of said Council held on the 13th day of November, 1973.
WITNESS my hand and the. seal of the City of Arroyo Grande affixed this
14th day of Novemb!!r, ).973.
~~.dd~
City Clerk of the City of Arroyo Grande
(SEAL)