Chapter 8.15 — VEHICLE ABATEMENT AND REMOVAL

Sections:

8.15.010 Authority

8.15.020 Definitions

8.15.030 Public Nuisances

8.15.040 Exceptions

8.15.050 Chapter Supplement to Existing Law

8.15.060 Prohibited Uses

8.15.070 Duty to Abate

8.15.080 Emergency Abatement and Other Services

8.15.090 Abatement Procedures for Vehicles which are a Public Nuisance

8.15.120 Payment for Abatement of Abandoned Vehicles

8.15.130 Disposal of Vehicles which are a Public Nuisance

8.15.140 Abatement Procedures for Vehicles which are Abandoned

8.15.150 Abatement Procedures for Abandoned Vehicles which are Valued at Greater than Three Hundred Dollars ($300.00)

8.15.160 Procedure for Redemption of Vehicles

8.15.170 Authorization to Enforce Vehicle Code Provisions

8.15.180 Determination of Estimated Value of Vehicles

A. Pursuant to the authority cited in this Code, California Vehicle Code Sections 22660 and 22669, California Government Code Section 25845, and the authority granted by the State and California Constitution art. XI, Section 7, the City Council authorizes the City Manager and his/her designated employees to enforce the provisions of this Chapter relating to abatement and removal of vehicles. This authority includes the right to enter private or public property for the purposes specified in this Chapter, to examine a vehicle or parts thereof, to obtain information as to the identity of a vehicle and remove or cause the removal of a vehicle or part thereof declared to be a nuisance.

B. Any person interfering with or refusing entry to property to any City or contracted service employee performing duties under this Chapter shall be guilty of a misdemeanor and, upon arrest and conviction, shall be punished by a fine not in excess of five hundred dollars ($500.00), and imprisonment of not more than ninety (90) days, or both. This includes all attempts to retrieve, remove or relocate vehicles at the onset of or during the abatement and removal process by the County and/or its contractors.

For the purpose of this Chapter, the following words and phrases are defined and shall be construed as hereinafter set forth, unless it is apparent from the context that a different meaning was intended. Any gender reference to “his” shall include “her.”

A. “Attractive Nuisance” means any condition which may prove detrimental to a person under eighteen (18) of age that could result in bodily harm or involuntary confinement to said person, whether in a building, on the premises of a building, or on an unoccupied lot. This may include but not be limited to any abandoned wells, shafts, basements, excavations, abandoned refrigerators and motor vehicles; or any structurally unsound fences or structures; or any lumber, trash, fences, debris or vegetation which may prove a hazard for inquisitive minors.

B. “Building Code” is the Uniform Building Code promulgated by the International Conference of Building Officials, as adopted by this jurisdiction.

C. “Code Enforcement Action” means any action undertaken for the enforcement of this Chapter. A code enforcement action or proceeding for the abatement of a public nuisance is commenced when a notice of public nuisance is issued.

D. “Code Enforcement Officer” means the Building Official for the City or his/her designee in the enforcement of any provision of this Chapter.

E. “Code Violation” means violation of this Chapter.

F. “Congregate Residences” is any building or portion thereof which contains facilities for living, sleeping and sanitation, as required by this Code, and may include facilities for eating and cooking, for occupancy by other than a family. A congregate residence may be a shelter, convert, monastery, dormitory, fraternity or sorority house but does not include jails, hospitals, nursing homes, hotels or lodging houses.

G. “Efficiency Dwelling Unit” is a dwelling unit containing only one (1) habitable room.

H. “Electrical Code” is the National Electrical Code promulgated by the National Fire Protection Association, as adopted by this jurisdiction.

I. “Hot Water” is hot water supplied to plumbing fixtures at a temperature of not less than one hundred ten (110) degrees Fahrenheit (F).

J. “Inoperative Vehicle” is any vehicle that is missing any part, component, or equipment that would prevent the vehicle from being driving under its own power or prevent said vehicle from being operated legally and safely on a highway, roadway, or public street, or any vehicle not currently licensed, smog certified, and/or registered. A non-operational vehicle is an inoperable vehicle and shall be stored in an enclosed garage.

K. “Lodging House” is any building or portion thereof containing not more than five (5) guest rooms where rent is paid in money, goods, labor or otherwise.

L. “Mechanical Code” is the Uniform Mechanical Code promulgated by the International Conference of Building Officials, as adopted by this jurisdiction.

M. “Owner” means the person in whom is vested the ownership or title of real property as evidenced by official records of the San Bernardino County Assessor’s or Recorder’s office, or the City of Adelanto.

N. “Person” means any individual, receiver, trustee, principal, agent, firm, partnership, association, corporation, company, or organization of any kind, or any combination thereof.

O. “Personal Property” means everything that is the subject of ownership, not coming under the definition of real property,

P. “Plumbing Code” is the Uniform Plumbing Code, as adopted by this jurisdiction.

Q. “Public Nuisance” means, unless otherwise indicated, any unlawful condition, use or activity as set forth in the Codes and ordinances of the City of Adelanto.

R. “Responsible Person” means the person, who a code enforcement official believes, is causing, performing, permitting to exist or

otherwise maintaining, a public nuisance and includes the owner of the real property involved and tenant, occupant or user thereof, or any other person in real or appearance charge or control of said real property.

S. “Tenant” means a person who, pursuant to a lease, rental agreement or other contractual right, has possession or use, or the right to possession or use, of real property or structures thereon.

T. “Vehicle” is any device by which any person or property may be propelled, moved or drawn, excepting a device moved by human power or used exclusively upon stationary rails or tracks.

Pursuant to the determination made, and the authority granted by the State under California Vehicle Code Section 22660 to abate and remove abandoned, dismantled, inoperative, junked, and wrecked vehicles, and or parts thereof as public nuisances, and in accordance with the City’s constitutional police power authority, the City Council makes the following findings and declaration:

The accumulation and storage of dismantled, wrecked, inoperative, junked, abandoned vehicles or parts thereof, on private or public property (other than streets and highways which are regulated by the Vehicle Code) is found to create a condition tending to reduce the value of private and public 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 health, safety and general welfare of the public. Therefore, the presence of abandoned, dismantled, inoperative, junked or wrecked vehicles or parts thereof on private or public property (other than on streets, public roadways, alleys, rights-of-way and highways) in the City limits of Adelanto 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 this Chapter.

This Chapter shall not apply to any vehicle or parts thereof which is completely enclosed within a building consisting of four (4) walls and roof in a lawful manner, where such vehicle is not visible from the street or other public or private property or a vehicle or parts thereof which is stored or parked in a lawful manner on property used in connection with the business of a licensed dismantler, garage, vehicle dealer or junkyard. This exception shall not authorize the maintenance of a public or private nuisance as defined under the provisions of law other than this Chapter.

This Chapter is not the exclusive regulation of abandoned, dismantled, inoperative, junked or wrecked vehicles or parts thereof, or public nuisances 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 other legal entity or agency having jurisdiction.

Any abandoned, dismantled, inoperative, junked or wrecked vehicles or parts thereof, or fully or partially disassembled vehicles (including vehicles without hoods, fenders, engines, body panels, headlights, trunk lids, wheels, windows or windshields) when placed or kept for more than seventy-two (72) hours in residential, commercial or industrial sites (except licensed vehicle impound storage yards, garages, vehicle dealers, junkyards and/or dismantling yards), and visible from outside the parcel of land upon which such is or are kept, is prohibited and constitutes a violation of this Chapter.

No person shall cause, permit, maintain, conduct or otherwise allow an abandoned, dismantled, inoperative, junked or wrecked vehicle or parts thereof to be openly stored, within the City. It shall be the duty of every owner and/or occupant, in control of any land located within the City to remove, abate, and prevent the recurrence of open storage of such a vehicle. Any recurrence of such condition of a specific vehicle on the same property may be deemed a continuation of the original condition and additional notification requirements under Sections 8.15.090 and 8.15.170 shall not be required.

A. Emergency Abatement. When a vehicle defined by this Chapter as a public nuisance constitutes an immediate hazard or threat of harm and the situation calls for abatement sooner than the abatement procedures herein allow, code enforcement or the Police Department may take or cause emergency removal of such nuisance with such notice to parties concerned, or without notice, as the particular circumstances reasonably allow. Required notification procedures prior to disposal of such vehicle(s) shall be followed.

B. Request for Service. If any member of the public, except self storage operators, requests code enforcement in writing to remove abandoned, dismantled, inoperative, junked or wrecked vehicles or parts thereof, code enforcement is authorized to provide processing and removal for a fee which covers all code enforcement costs. The removed abandoned, dismantled, inoperative, junked or wrecked vehicles or parts thereof, through transfer of title or lien sale process shall become the property of the City and such will be the responsibility of the City to dispose of according to law.

C. Complaints. Code enforcement will investigate anonymous complaints associated with abandoned, dismantled, inoperative, junked or wrecked vehicles or parts thereof. The complaint may be by telephone or in writing and must have situs address and/or assessor parcel number with a description of the violation. The process referring to “notice of intent to abate and remove” will be utilized for abatement if such is determined to be appropriate.

A. A ten (10) day “notice of intent to abate and remove” shall be given to the property owner to remove the vehicle or parts thereof,

as a public nuisance, unless the property owner and the owner of the vehicle have signed releases authorizing removal and waiving further interest in the vehicle or part thereof. Notification shall be given either by personal delivery or posting the property, and shall be mailed by registered or certified mail addressed to the property owner at his/her last known business or residence address as the same appears in the public records of the last equalized assessment roll, and to the last registered and/or legal owner of the vehicle by registered or certified mail to the last address listed with the Department of Motor Vehicles. If such a vehicle is in such condition that identification numbers are not available to determine ownership, notice need not be given to the last registered and/or legal owner of the vehicle.

B. The notice shall be substantially as follows:

“You are hereby notified to abate this public nuisance by removal of the vehicle(s) or parts thereof within ten (10) days from the date of mailing of this notice. If you fail to do so, the public nuisance and such dismantled, wrecked, junked, inoperative, abandoned vehicles or parts thereof, will be abated and removed by the City’s Code Enforcement Department and/or contract services and all the costs for abatement and removal, together with administrative costs, may be assessed to the legal owner of the land on which the public nuisance and such dismantled, junked, abandoned, inoperative vehicle or parts thereof are located.”

C. The notice shall also set forth the procedures and time period for filing an appeal. The notice shall contain a statement of the hearing rights of the owner of the property on which the vehicle is located and of the owner of the vehicle. The statement shall include notice to the property owner that he/she may appear in person at a hearing or may submit a sworn statement denying responsibility for the presence of the vehicle on the land, with his/her reasons for such denial, in lieu of appearing.

D. If the nuisance is not abated and a request for hearing has not been received within the time period given in the notice, code enforcement is authorized to abate the nuisance.

E. A “notice of intent to abate and remove” shall not be required for removal of a vehicle or parts thereof which is inoperable due to the absence of a motor, transmission or wheels and incapable of being towed; is valued at less than two hundred dollars ($200.00); and is determined to be a public nuisance presenting an immediate threat to public health or safety; provided, that the property owner has signed a release authorizing removal and waiving further interest in the vehicle or parts thereof. Notice of intent to dispose of the vehicle or parts thereof shall be provided to the last registered and legal owners prior to final disposition. If the vehicle or parts thereof are not claimed and removed within twelve (12) days after the notice is mailed, code enforcement may authorize disposal of the vehicle and parts thereof. This Subsection shall only apply to inoperable vehicles located upon a parcel that is either zoned for agricultural use or is not improved with a residential structure containing one (1) or more dwelling units.

F. Notice shall be given to the Department of Motor Vehicles within five (5) days after the date of removal of vehicles under this Section, identifying the vehicle or parts thereof and any evidence of registration available, including, but not limited to, the registration card, certificates of ownership or license plates.

G. No vehicle which has been abated or removed as a public nuisance shall thereafter be reconstructed or made operable unless it is a vehicle which qualifies for either horseless carriage license plates or historical vehicle license plates.

H. Code enforcement and/or contract services shall not be liable for damage caused to a vehicle or parts thereof by removal pursuant to this Section.

The abandonment of any vehicle on public or private property shall constitute a prima facie presumption that the last registered owner of record is responsible for the abandonment and is thereby liable for the cost of removal and disposition of the vehicle. The City Manager and his/her designated employees shall present to the registered owner of the vehicle a demand for payment of the costs required for removal and disposition of the vehicle, not to exceed those for towing and seven (7) days of storage. If payment is not made on behalf of the registered owner of the vehicle within sixty (60) days after mailing of such bill, the building official may issue an abandoned vehicle citation and/or notify the Department of Motor Vehicles.

If a vehicle and parts thereof are removed from a property as a public nuisance, the vehicle or parts thereof shall be disposed of by removal to a scrap yard, licensed automobile dismantler’s yard or any suitable site determined by code enforcement for processing as scrap.

A. If an abandoned vehicle and parts thereof are removed from a property and the estimated value of the vehicle is three hundred dollars ($300.00) or less, a notice which states that the vehicle will be removed by code enforcement shall be securely attached to the vehicle not less than seventy-two (72) hours before the vehicle is removed. Immediately after removal of the vehicle, code enforcement and/or contract services shall notify the Stolen Vehicle System of the Department of Justice in Sacramento of the removal.

B. Within forty-eight (48) hours of the removal, excluding weekends and holidays, a notice shall be sent to the registered and legal owner(s) of the vehicle by registered or certified mail to the last address listed with the Department of Motor Vehicles, and to any other person known to have an interest in the vehicle. This notice shall include the following information:

1. The name, address and telephone number of code enforcement;

2. The location of the place of storage and description of the vehicle which shall include, if available, make, license plate number,

vehicle identification number and mileage;

3. The authority and purpose for removing the vehicle;

4. A statement that the vehicle will be disposed of fifteen (15) days from the date of the notice;

5. A statement that the owner(s) and interested person(s), or their agent(s), have an opportunity for a post-storage hearing if the

request is made in person, in writing, or by telephone within ten (10) days from the date of the notice;

6. Any requested hearings shall be conducted by the City Manager or a duly authorized designee, who shall act as the hearing

officer, on the question of abatement and removal of the vehicle or parts thereof as an abandoned, wrecked, dismantled or inoperative vehicle, and/or the assessment of the administrative costs and the cost of removal of the vehicle or parts thereof against the property on which it is/was located.

C. Failure of either the registered or legal owner(s) or interested person(s) or their agent(s) to request or to attend a scheduled hearing shall satisfy due process post-storage hearing requirements.

D. If, after fifteen (15) days from the notification date, the vehicle remains unclaimed and the towing and storage fees have not been paid, and if no request for a post-storage hearing was made or a post-storage hearing was not attended, code enforcement may authorize disposal of the vehicle.

E. If the names and addresses of the registered and legal owner(s) of the vehicle are not available from the records of the Department of Motor Vehicles, code enforcement may authorize disposal of the vehicle at any time after the removal.

F. Disposal of the vehicle may only be to a licensed dismantler or scrap iron processor. A vehicle disposed of pursuant to this Section shall not be reconstructed or made operable, unless it is a vehicle which qualifies for either horseless carriage or historical vehicle license plates.

After the abatement and removal process described in Section 8.15.140 has occurred, and the post-storage notification requirements described in Section 8.15.140 have been met, a lien sale will be conducted on every removed, abandoned vehicle with a value of over three hundred dollars ($300.00), and such sale will be carried out if all fees and costs for the removal, storage and application for lien sale have not been paid and the vehicle has not been redeemed by the registered or legal owner of the vehicle. Once legal ownership has been transferred to the City by lien sale, the vehicle(s) or parts thereof will be sold on a regular scheduled date by an auction or other authorized, legal method permitted for the City.

A. A vehicle which is valued at three hundred dollars ($300.00) or less, and which has been removed from a property by code enforcement and/or contract services as an abandoned vehicle, may be redeemed by the registered or legal owner of the vehicle after payment of reasonable removal and storage costs, excluding lien sale costs, within fifteen (15) days of the mailing date of notification of removal.

B. A vehicle which is valued at three hundred dollars ($300.00) or less, and which has been removed from a property by code enforcement and/or contract services as a public nuisance, may be redeemed by the registered or legal owner of the vehicle after payment of reasonable removal, storage and lien sale costs within ten (10) days of the date of removal.

C. A vehicle which is valued at greater than three hundred dollars ($300.00), and which has been removed from a property by code enforcement and/or contract services, may be redeemed by the registered or legal owner of the vehicle after payment of reasonable removal, storage and lien sale costs, within fifteen (15) days of the mailing date of notification of removal if abated as an abandoned vehicle and within thirty (30) days of removal if abated as a public nuisance.

D. In no case shall the costs charged to the legal or registered owner for removal and disposition of an abandoned vehicle under this Section exceed those for towing and seven (7) days storage.

Notwithstanding any other provision of this Chapter, the City Manager and his or her designated employees, and the code enforcement officer(s) of the City are authorized to remove abandoned and unattended vehicles pursuant to the provisions of Vehicle Code Section 22669. In exercising this authority, they shall follow all procedural and legal requirements applicable to said provisions.

For lien sale purposes, the code enforcement officer shall determine the estimated value of vehicles and maintain proper documentation and give notifications as required by the California Vehicle Code with respect to vehicles which are abated and removed under this Chapter. Code enforcement shall determine whether the estimated value of vehicle that has been ordered removed, towed or stored is three hundred dollars ($300.00) or less; or over three hundred dollars ($300.00) but less than or equal to one thousand dollars ($1,000.00); or over one thousand dollars ($1,000.00). All regularly employed and salaried employees of code enforcement (including contract employees) are authorized to make appraisals to determine the value of vehicles abated or removed under this Chapter.