Alhambra Municipal Code Ch. 11.31 Abandoned Vehicles

(A) In addition to and in accordance with the determination made and the authority granted by the state of California under Cal. Veh. Code § 22660 to remove abandoned, wrecked, dismantled or inopera-tive vehicles or parts thereof as public nuisances, the City Council hereby makes the following findings and declarations:

(B) The accumulation and storage of abandoned, wrecked, dismantled, or inoperative vehicles or parts thereof 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 attractive nuisance creating a hazard to the health and 1safety of minors, to create a harborage 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 part thereof, on private or public property not including highways, except as expressly herein-after permitted, is hereby declared to constitute a public nuisance which may be abated as such in accordance with the provisions of this chapter.

('86 Code, § 11.31.010) (Ord. 3390, passed - - )

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

HIGHWAY. A way or place of whatever nature, publicly maintained and open to the use of the public for purposes of vehicular travel. HIGHWAY includes street.

PUBLIC PROPERTY. Does not include “highway.”

VEHICLE. 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 rails or tracks.

('86 Code, § 11.31.020) (Ord 3390, passed - - )

This chapter shall not apply to:

(A) A vehicle or part thereof which is completely enclosed within a building in a lawful manner and which is not visible from the street or other public or private property, or which is entirely surrounded by a solid fence or by solid walls six feet in height, or which is not plainly visible from a highway or from any public or private property adjoining the property upon which such vehicle is located; or

(B) A vehicle or part thereof which is stored or parked in a lawful manner on 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 enter-prise.

(C) Nothing in this section shall authorize the maintenance of a public or private nuisance as defined under provisions of law other than Cal. Veh. Code §§ 22650 et seq. (Chapter 10 of Division II) and this chapter.

('86 Code, § 11.31.030) (Ord. 3390, passed - - )

This chapter shall not be deemed to be the exclu-sive regulation of abandoned, wrecked, dismantled or inoperative vehicles within the city. It supplements and is 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.

('86 Code, § 11.31.040) (Ord. 3390, passed - - )

Except as otherwise provided herein, the provisions of this chapter shall be administered and enforced by the Director of Planning and Building. In the enforcement of this chapter, the officer and his deputies may enter upon private or public property to examine a vehicle or parts thereof, or obtain information as to the identity of a vehicle and to remove or cause the removal of a vehicle or part thereof declared to be a nuisance pursuant to this chapter.

('86 Code, § 11.31.050) (Ord. 3390, passed - - )

When the City Council has employed, contracted with or granted a franchise to any person or persons for such removal, the person or persons shall 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 chapter.

('86 Code, § 11.31.060) (Ord. 3390, passed - - )

The City Council shall, from time to time, deter-mine and fix an amount to be assessed as admini-strative costs (excluding the actual cost of removal of any vehicle or part thereof) under this chapter.

('86 Code, § 11.31.070) (Ord. 3390, passed - - )

Not less than ten days prior to any removal of a vehicle, or any part thereof, if the Director of Planning and Building, or his authorized representative, determines that a vehicle, or part thereof, is an abandoned, wrecked, dismantled or inoperative vehicle, he shall give a written notice of intention to abate and remove the vehicle, or part thereof, as a public nuisance to the owner of the property on which the vehicle is located and to the owner of the vehicle.

(A) Such notice shall contain a statement that the owner of the property on which the vehicle is located and/or the owner of the vehicle shall be entitled to a hearing thereon if either such person so requests.

(B) The statement shall include notice to the property owner that he may appear in person at a hearing or may, in lieu of appearing, present a sworn written statement denying responsibility for the presence of the vehicle on the land, with his reasons for such denial.

(C) The notice of intention to abate shall be mailed, by registered mail, to the owner of the land as shown on the last equalized assessment roll and to the last registered and legal owner of record of the vehicle unless the vehicle is in such condition that identification numbers are not available to determine ownership.

(D) The Director of Finance shall, upon request of the Director of Planning and Building, obtain and furnish to the Director of Planning and Building the name and address of the owner of the land. The Chief of Police shall, upon request of the Director of Planning and Building, obtain and furnish to the Director of Planning and Building names and addresses of the registered and legal owners of record of the vehicle.

('86 Code, § 11.31.080) (Ord. 3390, passed - - ; Am. Ord. 3511, passed - - )

Upon request therefor by the owner of a vehicle or by the owner of the land on which such vehicle is located in the manner set forth in this section, a public hearing shall be held before the City Manager or his designee.

(A) Such request shall be made to the office of the Director of Planning and Building within ten days after the mailing of notice of intention to abate and remove the vehicle.

(B) If the owner of the land on which the vehicle is located submits a sworn written statement within such time period denying responsibility for the presence of the vehicle on his land, such statement shall be construed as a request for hearing which does not require the presence of the owner submitting such request.

('86 Code, § 11.31.082) (Ord. 3511, passed - - ; Am. Ord. 3622, passed - - )

A notice of such public hearing shall be mailed at least five days before the hearing, by certified mail, return receipt requested, to the person requesting such hearing at the address given in his request or, if no address given, to the address to which the notice of intention to abate had been mailed.

('86 Code, § 11.31.088) (Ord. 3511, passed - - )

All hearings under this chapter shall be held before the City Manager or his designee who shall hear all facts and testimony he deems pertinent. The facts and testimony may include testimony on the condition of the vehicle, or part thereof, and the circumstances concerning its location on the private property or public property. The City Manager or his designee shall not be limited by the technical rules of evidence. The owner of the land on which the vehicle is located may appear in person at the hearing or present a sworn written statement in time for con-sideration at the hearing, and deny responsibility for the presence of the vehicle on the land, with his reasons for such denial.

(A) The City Manager or his designee may impose such conditions and take such other action as he deems appropriate under the circumstances to carry out the purpose of this chapter. He may delay the time for removal of the vehicle, or part thereof, if, in his opinion, the circumstances justify it. At the conclusion of the public hearing, the City Manager or his designee may find that a vehicle, or part thereof, has been abandoned, wrecked, dismantled, or is inoperative on private or public property and order the same removed from the properly 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 parcel of land on which the vehicle, or part thereof, is located. The order requiring removal shall include a description of the vehicle, or part thereof, and the correct identification number and license number of the vehicle, if available at the site.

(B) If it is determined at the hearing that the vehicle was placed on the land without the consent of the landowner and that he has not subsequently acquiesced in its presence, the City Manager or his designee shall not assess 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 the landowner.

(C) If an interested party makes a written presentation to the City Manager or his designee but does not appear he shall be notified in writing of the decision.

('86 Code, § 11.31.090) (Ord. 3390, passed - - ; Am. Ord. 3511, passed - - ; Am. Ord. 3622, passed - - )

(A) If no such request for a hearing is received within such ten-day period, the Director of Planning and Building or his designee shall have the authority to cause any such vehicle, or part thereof, to be removed without a prior hearing. In such event, the Director of Planning and Building shall be authorized to make any such order and take any such action that the City Manager or his designee may take under § 11.31.090 of this code.

(B) If such a hearing is held, five days after the City Manager or his designee issues the order declaring the vehicle, or part thereof, to be a public nuisance, or five days from the date of mailing of notice of the decision, if such notice is required by § 11.31.090 of this code, whichever date is later, the vehicle, or part thereof, may be removed.

(C) Any such vehicle, or part thereof, so removed shall be disposed of by removal to a scrap-yard or automobile dismantler's yard.

(D) After a vehicle has been removed, it shall not thereafter be reconstructed or made operable.

('86 Code, § 11.31.100) (Ord. 3390, passed - - ; Am. Ord. 3511, passed - - ; Am. Ord. 3622, passed - - )

Within five days after the date of removal of the vehicle, or part thereof, notice shall be given to the Department of Motor Vehicles identifying the vehicle, or part thereof, removed, and any evidence of registration available, including, but not limited to, registration certificates of title or license plates.

('86 Code, § 11.31.110) (Ord. 3390, passed - - ; Am. Ord. 3511, passed - - )

If the administrative costs and the cost of removal which are charged against the owner of a parcel of land pursuant to § 11.31.090 are not paid within 30 days of the date of the order, the Director of Planning and Building shall so report to the City Council and the City Council shall thereupon assess such costs against the parcel of land pursuant to Cal. Gov't Code § 38773.5. The assessment shall be trans-mitted to the Tax Collector for collection. The assess-ment shall have the same priority as other city taxes.

('86 Code, § 11.31.120) (Ord. 3390, passed - - )

It is unlawful and a misdemeanor for any person to abandon, park, store, or leave or permit the abandonment, parking, storing or leaving of any licensed or unlicensed vehicle or part 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 ten days, unless any such vehicle or part thereof is completely enclosed within a building in a lawful manner and is not visible from the street or other public or private property, or is entirely surrounded by a solid fence or by solid walls six feet in height, or is not plainly visible from a highway or from any public or private property adjoining the property upon which such vehicle is located, or unless such vehicle is stored or parked in a lawful manner on private property its connection with the business of a licensed dismantler, licensed vehicle dealer or a junkyard.

('86 Code, § 11.31.130) (Ord. 3390, passed - - ) Penalty, see § 11.31.140

It is unlawful and an infraction which shall be punishable in the manner and to the extent provided for in § 1.12.011 of this code, for any person to fail or refuse to remove an abandoned, wrecked, dismantled or inoperative vehicle or part thereof or refuse to abate such nuisance when ordered to do so in accordance with the abatement provisions of this chapter or state law, where such state law is applicable.

('86 Code, § 11.31.140) (Ord. 3390, passed - - ; Am. Ord. 3735, passed - - )