Apple Valley Municipal Code Ch. 11.80 Vehicle Abatement and Removal Program

The following words, terms and phrases, when used in this Chapter, shall have the meanings ascribed to them in this Section, except where the context clearly indicates a different meaning:

(a) Abandoned vehicle shall be a vehicle which is located on public or private property without the express or implied consent of the property owner or person in lawful possession or control of the property.

(b

Dismantled shall mean that integral and necessary component parts required to operate the vehicle on a highway, roadway or public street have been removed from the vehicle.

(c) Fee shall be any amount of money charged, fined, or paid to the Town of Apple Valley relating to the administrative and/or enforcement costs incurred for the purpose of enforcing this Chapter.

(d) Inoperative shall mean the vehicle is absent a motor, transmission, wheels or any other part or equipment necessary to operate safely on a highway, roadway public street or move the vehicle under its own power upon request.

(e) Junked shall mean a vehicle which has been destroyed or damaged to such an extent that it is non-repairable.

(f) Lien sale shall mean a sale of a vehicle to obtain legal ownership of a vehicle under title or requiring registration, under California Vehicle Code.

(g) Owner shall be any person or entity having legal or rightful title in any personal property or real property subject to the provisions of this Chapter.

(h) Owner of the vehicle shall be the last registered owner and legal owner of record.

(i) Person includes a natural person, firm, co-partnership, association, trust or corporation.

(j) Private property shall be property owned by a person other than a public entity.

(k) Public property shall be property owned by a public entity.

(l) Licensed dismantler's yard shall be a licensed premises used for dismantling or wrecking of vehicles, where there is buying, selling or dealing in such vehicles, their integral parts, or component materials thereof, and the sale of dismantled, partially dismantled, wrecked or inoperative vehicles.

(m) Roadway shall mean that portion of a highway, which is improved, designed for or ordinarily used, for vehicular travel, including shoulders.

(n) Unattended vehicle shall be a vehicle for which the licensed driver responsible for the same is not within an audible distance and immediately available for moving said vehicle.

(o) Vehicle shall be any device by which persons or property may be propelled, moved, or drawn upon a highway, and shall include all types of motor vehicles, but shall exclude devices moved exclusively by human power or used exclusively upon stationary rails or tracks.

(p) Wrecked shall mean a vehicle which has been damaged to such an extent that it is only semi-repairable and/or uneconomical to repair, excepting minor sheet metal damage.

In addition to and in accordance with the determinations made and the authority granted by the State of California under Vehicle Code § 22660, as amended, to remove abandoned, wrecked, dismantled or inoperative vehicles or parts thereof as public nuisances, the Town Council hereby 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 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 hazard to health and safety to minors, to create harborage for rodents and insects to be injurious to the health, safety and general welfare.

(Ord. 337, 3-13-07)

It is unlawful for the owner or person in custody or control of an abandoned, wrecked, dismantled, or inoperative vehicle, or parts thereof, to allow it to remain on private or public property not including highways, except as expressly hereinafter permitted, and its presence thereon is hereby declared to constitute a public nuisance which may be abated as such in accordance with the provisions of the Chapter.

(a) Exceptions. This Chapter shall not apply to:

1. 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; or

2. A single vehicle being repaired, reconstructed and/or rehabilitated that is screened by a six ft. solid fence or equivalent landscaping from public view of adjacent streets and surrounding properties and located in the rear yard for a period not to exceed one year;

3. A vehicle, or parts thereof, which is stored or parked in a lawful manner on private property in connection with a 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.

(Ord. 337, 3-13-07)

This Chapter is not the exclusive regulation of abandoned, wrecked, dismantled or inoperative vehicles within the Town. It shall supplement and be in addition to the other regulatory codes, statutes and ordinances heretofore or hereafter enacted by the State, Town or any other legal entity or agency having jurisdiction.

The provisions of this Chapter shall be administered and enforced by the Town Manager or his/her designee. In the enforcement of this Chapter, such officer 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 parts thereof declared to be a nuisance pursuant to this Chapter.

When the Town has contracted with any person, such person 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 public nuisance pursuant to this Chapter.

(a) In addition to towing and storage charges imposed pursuant to this Chapter and State law, there shall be imposed on the registered or legal property owner or owner of any vehicle properly impounded and stored an administrative charge in the amount set by resolution for administrative costs relating to the removal, impound, storage and release of said vehicles to be collected by the Town at the time of release.

(b) Said charges may be waived by the Town upon verifiable proof that the vehicle was reported stolen at the time the vehicle was removed, the vehicle has been involved in a traffic collision, or the vehicle was towed from outside the Town limits.

(c) Administrative charges shall only be imposed on vehicles towed under an abatement program and sold at a lien sale pursuant to Civil Code § 22851 if the proceeds of the sale are sufficient to pay the lienholder's total charges and administrative costs.

Upon discovering the existence of an abandoned, wrecked, dismantled or inoperative vehicle, or parts thereof, on private property or public property within the Town, the Town Manager or his/her designee shall have the authority to cause the abatement and removal thereof in accordance with the procedure prescribed herein.

A ten day notice of intention to abate and remove the vehicle, or parts thereof, as a public nuisance shall be served on the owner of the land and the owner of the vehicle (when owner of the land and vehicle are the same only one notice is required to be mailed), unless the vehicle is in such condition that identification numbers are not available to determine ownership. This notice may be served in person, by first class mail, or by certified mail to the last known address of the owner(s) of record. Service shall be deemed complete at the time the notice of hearing is personally served or deposited with the U.S. Postal Service. Failure of any person to receive a notice of hearing shall not affect the validity of any proceedings hereunder. The notices of intention shall be in substantially the following form:

NOTICE TO PROPERTY OWNER OF INTENTION TO ABATE AND REMOVE AN ABANDONED, WRECKED, DISMANTLED, OR INOPERATIVE VEHICLE OR PARTS THEREOF AS A PUBLIC NUISANCE

[Name and address of owner of the land.]

As owner shown on the last equalized assessment roll of the land located at [address], you are hereby notified that the undersigned pursuant to Section 11.80.050 of the Town of Apple Valley Municipal Code has determined that there exists upon said land an (or parts of an) abandoned, wrecked, dismantled, or inoperative vehicle registered to: ___________, license number: _______, which constitutes a public nuisance pursuant to the provision of Title 11, Chapter 11.80 of the Apple Valley Municipal Code.

You are hereby notified to abate said nuisance by the removal of said vehicle (or said parts of a vehicle) within ten days from the date of mailing of this notice, and upon your failure to do so the same will be abated and removed by the Town and the costs thereof, together with administrative costs, assessed on your land on which said vehicle (or said parts of a vehicle) is located. An unpaid delinquent assessment may result in the sale of your land by the Tax Collector three years after the imposition of the assessment.

As owner of the land on which said vehicle (or said parts of a vehicle) is located, you are hereby notified that you may, within ten days after the mailing of this notice of intention, request a hearing and, if such a request is not received by the enforcement agency within the ten day period, the Town Manager or his/her designee shall have the authority to abate and remove said vehicle (or said parts of a vehicle) as a public nuisance and assess the costs as aforesaid without a hearing. In this event, the Town may cause abatement thereof. You may submit a sworn written statement within the ten day period denying responsibility for the presence of said vehicle (or said parts of a vehicle) on said land, with your reasons for denial, and such statement shall be construed as a request for hearing at which your presence is not required. You may appear in person at any hearing requested by you or the owner of the vehicle or, in lieu thereof, may present a sworn written statement as aforesaid in time for consideration at such hearing.

NOTICE TO VEHICLE OWNER OF INTENTION TO ABATE AND REMOVE AN ABANDONED, WRECKED, DISMANTLED OR INOPERATIVE VEHICLE OR PARTS THEREOF AS A PUBLIC NUISANCE

[Name and address of last registered and/or legal owner of record of vehicle—Notice should be given to both if different]

As last registered (and/or legal) owner of record of [description of vehicle, make, model, license, etc.], you are hereby notified that the undersigned pursuant to Section 11.80.050 of the Town of Apple Valley Municipal Code, has determined that said vehicle (or parts of a vehicle) exists as an abandoned, wrecked, dismantled or inoperative vehicle at [describe location on public or private property] and constitutes a public nuisance pursuant to the provisions of Title 11, Chapter 11.80 of the Apple Valley Municipal Code.

You are hereby notified to abate said nuisance by the removal of said vehicle (or said parts of a vehicle) within ten days from the date of mailing this notice.

As registered (and/or legal) owner of record of said vehicle (or said parts of a vehicle), you are hereby notified that you may, within ten days after the mailing and/or posting of this notice of intention, request a hearing and, if such a request is not received by the enforcement agency within the ten-day period, the Town Manager or his/her designee shall have the authority to abate and remove said vehicle (or said parts of a vehicle) without a hearing. In this event, the Town may cause abatement thereof.

(Ord. 302, 10-25-05)

Upon request by the owner of the vehicle or the owner of the land, received by the enforcement agency within ten days after the mailing of the notices of intention to abate and remove, a hearing shall be held by the Town Manager or his/her designee, or 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 the assessment of the administrative costs and the cost or removal of the vehicle or parts thereof against the property on which it is located.

If the owner of the land submits a sworn statement denying responsibility for the presence of the vehicle on his or her land within the ten-day period, such statement shall be construed as a request for a hearing which does not require the property owner's presence. Notice of the hearing shall be mailed, by registered mail, at least ten days before the hearing to the owner of the land and to the owner of the vehicle, unless the vehicle is in such condition that identification numbers are not available to determine ownership. If such a request for hearing is not received within the ten days after the mailing of the notice to abate and remove, the Town shall have the authority to abate and remove the vehicle or parts thereof as a public nuisance without holding a hearing,

All hearings under this Chapter shall be held before the Hearing Officer, who shall hear all facts and testimony deemed pertinent. Such facts and testimony may include testimony on the condition of the vehicle or parts thereof and the circumstances concerning its location on such private property or public property. The Hearing Officer shall not be limited by the technical rules of evidence. The owner of the land may appear in person at the hearing, or present a sworn written statement in time for consideration at the hearing, and deny responsibility for the presence of the vehicle on the land, with reasons for such denial.

The Hearing Officer may impose such conditions and take such other action as deemed appropriate under the circumstances to carry out the purpose of this Chapter. The Hearing Officer may delay the time for removal of the vehicle or parts thereof if, in the Hearing Officer's opinion, the circumstances justify it. At the conclusion of the hearing, the Hearing Officer may find that a vehicle or parts 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 hereinabove provided, and determine the administrative costs and the cost of removal to be charged against the owner of the land. The order requiring removal shall include a description of the vehicle or parts thereof and the correct identification number and license number of the vehicle, if available, at the site.

If it is determined at the hearing that the vehicle was placed on the land without the consent of the owner of the land and that the owner of the land has not subsequently acquiesced in its presence, the Hearing Officer shall not assess administrative costs or costs for removal of the vehicle against the property upon which the vehicle is located or otherwise attempt to collect such costs from such owner of the land.

If the owner of the land submits a sworn written statement denying responsibility for the presence of the vehicle on his or her land but does not appear, or if any other interested party makes a written presentation to the Hearing Officer but does not appear, notice of the decision will be mailed to such owner or interested party.

Any interested party may appeal the decision of the Hearing Officer by filing a written notice of appeal with the Hearing Officer within seven calendar days of the date of service of the Hearing Officer's decision. The appeal shall contain:

1. A specific identification of the subject vehicle(s);

2. The names and addresses of the appellants;

3. A statement of appellant's legal interest in the subject vehicle(s);

4. A statement in ordinary and concise language of the specific order or action protested and the grounds for appeal, together with all material facts in support thereof;

5. The date and signature of all appellants; and

6. The verification of at least one appellant as to the truth of the matters stated in the appeal.

As soon as practicable after receiving the appeal, the enforcement agency shall set a date for the Vehicle Abatement Board of Appeals to hear the appeal which date shall not be less than seven calendar days nor more than 30 calendar days from the date the appeal was filed. The Vehicle Abatement Board of Appeals shall consist of two members of the Town Council appointed by the Town Council. The enforcement agency shall give each appellant written notice of the time and place of the hearing at least five calendar days prior to the date of the hearing, either by causing a copy of such notice to be delivered to the appellant personally or by mailing a copy thereof, postage prepaid, addressed to the appellant at his or her address shown on the appeal. Continuances of the hearing may be granted by the Vehicle Abatement Board of Appeals on request of the owner for good cause shown, or on the Vehicle Abatement Board of Appeals' own motion.

Upon the conclusion of the hearing, the Vehicle Abatement Board of Appeals shall determine whether the vehicle or any part thereof, as maintained constitutes a public nuisance. If the Board so finds, the Board shall set forth its decision and order the abatement of the same by having such vehicle removed and disposed of as hereinabove provided and determine the administrative costs and costs of removal to be charged against the owner of the land. The order requiring removal shall include a description of the vehicle or parts thereof and the correct identification number and license number of the vehicle, if available, at the site. The decision and order may set forth the time within which such work can be completed by the owner of the land and/or owner of the vehicle. The decision and order of the Board shall be final.

The hearing procedures shall not be applicable if the property owner and the owner of the vehicle have signed releases authorizing removal and waiving further interest in the vehicle or part thereof.

Five days after the decision and order declaring the vehicle or parts thereof to be a public nuisance, five days from the date of mailing the notice of the decision of the Hearing Officer or 15 days after such action of the Vehicle Abatement Board of Appeals authorizing removal following appeal, 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.

Within five days after the date of removal of the vehicle or parts thereof, notice shall be given to the Department of Motor Vehicles identifying the vehicle or parts thereof removed. At the same time, there shall be transmitted to the Department of Motor Vehicles any evidence of registration available, including, but not limited to, the registration card, certificates of ownership or license plates.

If the administrative costs and cost of removal which are charged against the owner of a parcel of land pursuant to Sections 11.80.050—11.80.070, inclusive, are not paid within 30 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 and levied and collected pursuant to Government Code § 38773.5, and the applicable provisions of Chapter 6.30 of the Town of Apple Valley Municipal Code, and shall be transmitted to the Tax Collector for collection.

It shall be unlawful and a violation of this Section for any person to fail or refuse to remove an abandoned, wrecked, dismantled or inoperative vehicle or parts thereof or refuse to abate such nuisance when ordered to do so in accordance with the abatement provision of this Title or State law where such State law is applicable. Each property owner or vehicle owner shall be guilty of a separate offense for each and every day during any portion of which any violation of any provision of this Chapter is committed, continued or permitted by such person shall be punishable accordingly.

(Ord. 198, 8-11-98)