Local Laws on Abandoned Vehicles

Your first task is to check local rules regarding vehicle parking on city streets (or county roads, depending on where you live).

FresGo Quick Reference – City of Fresno www.fresno.gov › fresnogo-quick-reference

Report vehicle on an unpaved surface, inoperable vehicles in the driveway, etc. … parked on the street for more than 72 hours under ‘Abandoned Vehicle on Street\72 hours’. … For illegally parked vehicles, i.e. blocking a fire hydrant, causing traffic hazards, and … Police Department, (559) 621-7000 … Fresno, CA 93721

See If the Vehicle Belongs to Someone in the Neighborhood

Once you know the law, check to see whether the vehicle belongs to a neighbor (or a neighbor’s friend or relative) or a local business owner. If the vehicle is causing a problem—for example, by taking up a valuable parking spot in front of your home—ask the vehicle owner to move it (assuming the car or truck runs). Give your neighbor a copy of local rules on the topic and hope that’s the end of the story. It’s entirely possible that your neighbor (or local shopkeeper) is not aware of local rules or the problems caused by leaving a vehicle on the street for a long period of time.

Keep in mind, however, that anyone can park their car on a public street as long they comply with state and local vehicle codes (for example, observing street sweeping restrictions). In particular, you have no more right than anyone else to the space immediately in front of your home.

If the vehicle is disabled, and the neighbor refuses to deal with it, you may have to get the police or sheriff involved.

Determine Whether the Vehicle Is Abandoned

If none of your neighbors or nearby business owners know who owns a car that has been on your street for days now, you can probably assume it’s abandoned. That’s especially true if the vehicle is in bad shape, with major parts (such as an engine or doors) missing, flat tires, or expired license plates. If so, contact local law enforcement via their non-emergency number. Fresno Police, Abandon Vehicle Dept. 559-621-7000

When reporting an abandoned vehicle, be prepared to describe the vehicle’s make and model, give its license plate number (if available), and state the exact location.

After checking to see whether the vehicle has been reported stolen, some police departments will place a warning tag on the vehicle, giving the owner a short amount of time, such as 24 hours, to move the vehicle. If the vehicle has not been moved within the time limit, the city may impound and/or dispose of it. In some states, such as California, moving the vehicle simply means driving it for one mile; after which the driver can go back and park in the exact same spot for another 72 hours.

If you’re a Landlord Whose Tenant Has Abandoned a Vehicle

Occasionally, a departing tenant will leave an inoperable car in the parking lot or garage. While states’ landlord-tenant laws often require landlords to provide tenants’ written notice that they are dealing with abandoned property, these rules don’t typically apply to motor vehicles. Call Shell Towing for a free tow away service.

If a tenant has left a car or other vehicle behind, call the local police and give the same information you would provide if reporting another abandoned vehicle. The police will probably arrange to have the vehicle towed after determined that it is abandoning it after tagging it. If for any reason local law authorities will not tow away the abandoned vehicle.

Shell Towing can provide a free tow away service. 559-295-2400

An abandoned vehicle can be a nuisance and an eyesore. No matter the reasons a vehicle is left on private property, such things take up space causing countless problems as well as being a blot on the landscape.

What’s an Abandoned Car?

• Any motorized vehicle left on private property for an extended period may legally classify as abandoned. Details will vary by location, municipality, state, and the codes and statutes of your area but any motorized vehicle left on your property for 48 to 72 hours or more is usually considered abandoned. With the consent of the private property owner a car may stay as long as the owner consents, however, without oral or written consent, it becomes up to the owner of the space to remove it. (Note: it’s generally the same for public properties, but there are nuances.)

How to Get an Abandoned Car Towed?

• As long as the vehicle is definitely on your private property and has been there for the amount of time allotted by your local government that classifies it as abandoned, you can have it towed. Shell Towing will tow it for free, but others may charge you a fee. If the owner of the car, truck, motorcycle, boat, RV, or whatever was left on your property comes looking for it, you can give them the name of the tow company, and they can take it from there. Remember, it’s essential to investigate the laws so people cannot make a claim against you in court!

Unauthorized and abandoned vehicles parked on private property are a common problem for property owners and their agents.  California Vehicle Code §22658 authorizes property owners and managers to remove unauthorized or abandoned vehicles from private property if specific conditions exist and certain procedures are followed.

 

A business property owner or manager may tow an unauthorized or abandoned vehicle parked on private property to the nearest public garage under any of the following circumstances:

• A sign is posted, in clear view, at each entrance to the property. The sign must state that public parking is prohibited, that vehicles will be towed at the owner’s expense and must contain the telephone number of the local traffic law enforcement agency. The sign must be at least 17” by 22”and lettering on the sign must be at least one inch in height. The sign may also indicate that a citation may be issued for the violation; or
• The vehicle has been issued a notice of parking violation, and at least 96 hours have passed since the notice was issued; or
• the vehicle is on private property and lacks an engine, transmission, wheels, tires, doors, windshield, or any other major part or equipment necessary to operate safely on the highways, the property owner or agent has notified the local traffic law enforcement agency and 24 hours have passed since that notification; or
• The vehicle is parked on a lot or parcel that has been improved with a single-family residence.

 

The tow truck operator must obtain written authorization for the tow identifying:

• The vehicle (make, model, VIN and license plate number);
• The person authorizing the tow (name, signature, job title, residential or business address and working telephone number);
• The grounds for removal;
• The time the vehicle was first observed parked illegally; and
• The time the authorization to tow was given.

 

The authorization must be provided upon request to the vehicle owner, although the tow truck operator will not provide the vehicle owner with the identification of the person who authorized the tow.

 

If there are 16 or more units, or an onsite owner or manager, the property owner or manager must authorize the tow in writing and be onsite when the tow takes place (although the owner or manager does not have to be physically present at the place where the vehicle is being towed – he/she must simply be present at the property).

 

For 15 or less units that do not have an onsite owner or manager, the owner or owner’s manager is not required to be present nor verify the parking violation; the tenant may verify the violation and request the tow from the tenant’s assigned parking space by signed request, email, or by calling and providing a signed request or email within 24 hours to the property owner or manager.  The signed request or email must contain the name and address of the tenant and the date and time the tenant requested the tow.  The owner or manager must provide the tenant’s verification and authorization to the towing company within 48 hours of the tow.

 

The vehicle’s owner or his or her agent can stop a tow in process by immediately moving the vehicle to a lawful location.  The tow company can charge the owner of the vehicle ½ of the normal towing fee if the vehicle has already been coupled to the tow truck or lifted off the ground, but not yet removed from the property.

An owner or manager may not enter into an agreement with a tow company granting general authorization to remove vehicles from the property at the tow company’s discretion. (This is known as “patrol” or “contract” towing). The only exception is that patrol or contract towing is allowed when a vehicle is unlawfully parked within 15 feet of a fire hydrant or in a fire lane, or in a manner which interferes with any entrance to, or exit from the private property, and only after taking a photograph of the violation.

 

Two notifications of the tow must be given.

1. The property owner or manager authorizing the tow must notify the local traffic law enforcement agency of the tow within one hour after authorizing the tow. The notification should be by telephone, or if that is impractical, by the most expeditious means available.
2. After a vehicle has been towed from the property, the tow truck operator removing the vehicle must immediately give written notice of the removal. The notice must identify the vehicle, state the grounds for removal, the mileage on the vehicle at the time of removal and the vehicle’s new location. If the name and address of the registered or legal owner of the vehicle is known or can be determined, (from the property owner, the vehicle owner, DVM records or otherwise), the notice must be given to the registered and legal owner. If the identity of the owner of the vehicle cannot be determined, or for any other reason the tow truck operator cannot give notice to the vehicle owner, and the vehicle is not returned to the owner within 120 hours, the notice must be sent to the Department of Justice, Stolen Vehicle System. If the vehicle is stored in a public garage, a copy of the notice must also be given to the garage’s proprietor.

 

Improper removal of a vehicle from private property may subject the property owner and/or manager to civil and criminal liability. A property owner or manager may be liable for two to four times the storage or towing charges for failure to comply with applicable requirements (the amount depends on the nature of the violation). A property owner may also be liable for vehicle damage if caused by any intentional or negligent act of any person causing the removal, or removing, the vehicle. However, the tow company will be solely liable for any damage to the vehicle that occurs during transit from the property to the storage facility.

 

By meeting the requirements of the California Vehicle Code §§22658 and 22853(c) described above, private property owners and managers can control unauthorized or abandoned vehicles on their property while limiting exposure to liability. Because city and counties may have ordinances that contain additional requirements, local ordinances should also be researched and followed.