Anaheim Municipal Code Ch. 6.80 Abandoned, Wrecked, Dismantled or Inoperative Vehicles

The City Council does find and determine that 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 safety 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 hereinafter permitted, is hereby declared to constitute a public nuisance which may be abated as such in accordance with the provisions of this chapter.

The above determination is in addition to and in accordance with the authority granted by the State of California under Section 22660 of the Vehicle Code to remove abandoned, wrecked, dismantled or inoperative vehicles, or parts thereof, as public nuisances. (Ord. 2631 § 1 (part); January 21, 1969.)

.010 Vehicle. As used in this chapter, "vehicle" means 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.

.020 Highway. As used in this chapter, "highway" 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 street.

.030 Public Property. As used in this chapter, the term "public property" does not include "highway."

.040 Chief of Police. As used in this chapter, "Chief of Police" means the Chief of Police of the City of Anaheim or his deputies or authorized representatives. (Ord. 2631 § 1 (part); January 21, 1969.)

.010 This chapter shall not apply to a vehicle or part thereof which is:

.0101 Completely enclosed within a building in a lawful manner where it is not visible from the street or other public or private property;

.0102 Enclosed within a solid fence six feet in height and is not plainly visible from the street or other public or private property;

.0103 Enclosed by any other lawful means of screening and is not plainly visible from the street or other public or private property.

.020 This chapter shall not apply to 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 enterprise.

.030 Nothing in this section shall authorize the maintenance of a public or private nuisance as defined under provisions of law other than Chapter 10 (commencing with Section 22650) of Division 11 of the Vehicle Code and this chapter. (Ord. 2631 § 1 (part); January 21, 1969.)

This chapter is not the exclusive regulation of abandoned, wrecked, dismantled or inoperative vehicles within the City of Anaheim. It shall supplement and be in addition to the other regulatory codes, statutes and ordinances heretofore or hereafter enacted by the City of Anaheim, the State or any other legal entity or agency having jurisdiction. (Ord. 2631 § 1 (part); January 21, 1969.)

Except as otherwise provided herein, the provisions of this chapter shall be administered and enforced by the Chief of Police. In the enforcement of this chapter, such officers and their 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. (Ord. 2631 § 1 (part); January 21, 1969.)

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 or public property to remove or cause the removal of a vehicle or parts thereof declared to be a nuisance pursuant to this chapter. (Ord. 2631 § 1 (part); January 21, 1969.)

The City Council shall from time to time determine and fix an amount to be assessed as administrative costs (excluding the actual cost of removal of any vehicle or part thereof) under this chapter. (Ord. 2631 § 1 (part); January 21, 1969.)

.010 It is hereby made the duty of any owner, lessee or occupant of any grounds or lots or any real property within the corporate limits of the City of Anaheim to keep such grounds or lots or any real property free from abandoned, wrecked, dismantled or inoperative vehicles or parts thereof.

.020 If any owner, lessee or occupant of such grounds or lots or any real property shall fail to remove and keep such premises free from abandoned, wrecked, dismantled or inoperative vehicles or parts thereof, the City Council of the City of Anaheim may authorize the Chief of Police to give notice to said owner, lessee or occupant of such premises to abate the nuisance and to remove said abandoned, wrecked, dismantled or inoperative vehicles or parts thereof within a period not to exceed ten days.

.030 When the City Council shall authorize the Chief of Police to give the notice referred to in subsection .020 of this section, it shall be the duty of the Chief of Police or his deputy to give such Notice to Abate Nuisance in writing, which notice shall contain a description of the vehicle or vehicles or parts thereof to be removed; and which notice shall be served upon the owner of said premises as shown on the last equalized County assessment roll and/or upon the lessee or occupant of said premises; which notice shall be served by depositing said notice, postage paid, in the United States Post Office in the City of Anaheim directed to said owner, lessee or occupant. If the owner is not known, or resides outside the State of California, said notice shall be given by posting a copy thereof conspicuously on the vehicle or vehicles or parts thereof to be removed, for ten days, which service of notice shall be deemed to be completed ten days after posting. Such notice shall specify that if the vehicle or vehicles or parts thereof are not removed within a period of ten days after said notice that a public hearing shall be held on the question of abatement and removal of the vehicle or parts thereof and the assessment of the administrative costs and the cost of removal of the vehicle or parts thereof against the property on which it is located. (Ord. 2631 § 1 (part); January 21, 1969.)

If the owner, lessee or occupant of such premises does not abate the nuisance and remove the vehicle or parts thereof within ten days after notice mentioned in Section 6.80.080 of this chapter, a public hearing shall be held 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 part thereof against the property on which it is located. Notice of hearing shall be mailed at least ten days before the hearing by certified mail, with a five day return requested, to the owner of the land as shown on the last equalized County assessment roll and to the last registered and legal owner of record unless the vehicle is in such condition that identification numbers are not available to determine ownership. If any of the foregoing notices are returned undelivered by the United States Post Office, the hearing shall be continued to a date not less than ten days from the date of such return. The failure to receive the mailed notices required herein shall not affect in any manner the validity of any abatement proceeding hereunder providing a notice of the proceeding has been posted on the vehicle or parts thereof sought to be removed, at least ten days before the hearing. (Ord. 2631 § 1 (part); January 21, 1969.)

Notice of hearing shall also be given to the California Highway Patrol identifying the vehicle or part thereof proposed for removal, such notice to be mailed at least ten days prior to the public hearing by the Chief of Police or his deputy. (Ord. 2631 § 1 (part); January 21, 1969.)

All hearings under this chapter shall be held before the Chief of Police or his deputy who shall hear all facts and testimony he deems pertinent. Said facts and testimony may include testimony on the condition of the vehicle or part thereof and the circumstances concerning its location on the said private property or public property. The hearing officer 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 written statement in time for consideration, and deny responsibility for the presence of the vehicle on the land, with his reasons for such denial.

The hearing officer 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 hearing officer 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 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 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.

If it shall be proved by the land owner by a preponderance of the evidence affirmatively shown at the hearing that the vehicle was placed on the land without the consent of the land owner and that he has not subsequently acquiesced in its presence, the hearing officer 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 such land owner.

Said costs will be assessed against and billed to the last registered and legal owner of the vehicle if it is determined that the last registered and legal owner was responsible for or acquiesced in the presence of the vehicle or part thereof on the said private or public property.

If an interested party makes a written presentation to the hearing officer, but does not appear, he shall be notified in writing of the decision. (Ord. 2631 § 1 (part); January 21, 1969.)

Any interested party may appeal the decision of the hearing officer by filing a written notice of appeal with the said hearing officer within five days after his decision.

Such appeal shall be heard by the City Council which may affirm, amend or reverse the order or take other action deemed appropriate.

The City Clerk shall give written notice of the time and place of the hearing to the appellant and those persons specified in Section 6.80.090.

In conducting the hearing the City Council shall not be limited by the technical rules of evidence. (Ord. 2631 § 1 (part); January 21, 1969.)

Ten days from the date of mailing of notice mentioned in Section 6.80.120 of this chapter, the vehicle or parts thereof may be disposed of by removal to a scrapyard or automobile dismantler's yard. After a vehicle has been removed, it shall not thereafter be reconstructed or made operable. (Ord. 2631 § 1 (part); January 21, 1969.)

Within five days after the date of removal of the vehicle or part thereof, notice shall be given to the California Department of Motor Vehicles identifying the vehicle or part thereof removed. At the same time there shall be transmitted to the California Department of Motor Vehicles any evidence of registration available, including registration certificates, certificates of title and license plates. (Ord. 2631 § 1 (part); January 21, 1969.)

If the administrative costs and the cost of removal which are charged against the owner of a parcel of land pursuant to Section 6.80.110 of this chapter are not paid within thirty days of the date of the order, or the final disposition of an appeal therefrom, 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 taxes.

If the administrative costs and cost of removal of the vehicle are to be charged against the last registered and legal owner of the vehicle pursuant to Section 6.80.110 of this chapter, a bill covering said charges will be sent to the last registered and legal owner of the vehicle by the City Collections Division. If the bill is not paid within thirty days from the date mailed, it shall be transmitted to the City Attorney for necessary legal action. (Ord. 2631 § 1 (part); January 21, 1969.)

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 such vehicle or part thereof is:

.010 Completely enclosed within a building in a lawful manner where it is not visible from the street or other public or private property;

.020 Enclosed within a solid fence six feet in height and is not plainly visible from the street or other public or private property;

.030 Enclosed by any other lawful means of screening and is not plainly visible from the street or other public or private property. (Ord. 2631 § 1 (part); January 21, 1969.)

It is unlawful and a misdemeanor 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 provision of this chapter or State law where such State law is applicable. (Ord. 2631 § 1 (part); January 21, 1969.)

The City Council of the City of Anaheim declares that should any section, paragraph, sentence or word of this chapter or the application thereof to any person or circumstances be held invalid, such invalidity shall not affect other provisions or applications of the chapter which can be given effect without the invalid provision or application, and to this end the provisions are declared severable. (Ord. 2631 § 1 (part); January 21, 1969.)