Wednesday, September 1, 2010

NsFH Avec Ou Sans Moteur (With or Without Motor)

Exhumations Will Continue Until Rehabilitation Occurs

Lynda and Theresa must be the Father and Mother of all Packrats! (or is that Mother and Father?)

During the end-of-July demolition of the illegal mobile home and the illegal shanty shed attached to its backside, there emerged into the sunsine a previously unseen [and illegal] collection of inoperable inoperative vehicles (gotta use the same word as the city code so the code enforcement personnel don't get confused, even moreso than their usual confusion, paralysis, and impotence.)

These two "beauties" have been hidden from view for a very long time under accretions of flotsam and jetsam, deteriorating from deliberate disuse, serving as habitat for wasps, spiders, rodents (controlled only by feral felines) and as off-the-ground storage for junk of all stripes. Operability Operativity and roadworthiness are certainly missing, as are vehicle registrations and licensing.

Two titles within the Manteca Municipal Code (MMC) speak to the issue of harboring abandoned, wrecked, or inoperable  inoperative vehicles - a chapter regarding abandoned vehicles and a chapter on nuisances. (And where have we heard about nuisances before? You're so right! My NsFH... Neighbors From Hell...)

8.20.010 Definitions. For the purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section:

A. “Abandoned vehicle” means a vehicle which is not currently registered with the California Department of Motor Vehicles and appears by sight to have been left to the elements.

B. “Dismantled vehicle” means a vehicle from which any part has been removed which removal prevents its lawful operation upon any highway.
D. “Inoperative vehicle” means a vehicle which cannot be lawfully operated upon any highway.
J. “Wrecked vehicle” means a vehicle which, due to physical impairment or damage, cannot be lawfully operated upon any highway. (Ord. 786 § 1, 1988; Ord. 765 § 1(part), 1987: prior code § 12A-14)

8.20.020 Findings—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 or public property not including highways 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 harboring for rodents and insects 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 permitted in this chapter, is declared to constitute a public nuisance which may be abated as such in accordance with the provisions of the chapter. (Ord. 830 § 2, 1989: Ord. 765 § 1 (part), 1987: prior code § 12A-13)

8.20.030 Exemptions. This chapter shall not apply to:

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 or other public or private property.
MMC 17.53.020 Nuisances.

A. Unlawful Residential Property Nuisance. It is unlawful for any person owning, leasing, renting, occupying or having charge or possession of any residential property in the city to maintain or to allow to be maintained such property in such manner that any of the following conditions are found to exist thereon, except as may be allowed by any other provision of law, including provisions of city ordinances:
9. Wrecked or inoperable vehicles, vehicle parts or other articles or personal property that are abandoned or left in a state of partial construction or repair;

Gee, I wonder what excuses the City of Manteca, Code Enforcement Department, will dream up this round of inoperable vehicle complaints to avoid taking action?

If Code Enforcement uses the balls brains God gave them and cite these owners, this situation - with these NsFH - will perfectly illustrate the need of the administrative hearing procedure the city recently adopted. The BDG NsFH, Yellow and Red, will ignore the citation. The city will have to fine the BDGs and take them through an administrative hearing - and probably all the way to court.

Welcome to my world, boys. (I'll be happy to consult, for a fee.)


No comments: