Apple Valley Municipal Code Ch. 11.81 Unlawful Dumping—seizure and Impound of Nuisance Vehicles

The Town Council has determined that persons who operate vehicles and use them to illegally dump waste bring decay and blight to local neighborhoods where they dump such matter. The Council has further determined that seizing and impounding the vehicles of persons who come into the neighborhoods of Apple Valley to illegally dump waste or knowingly allow their vehicle(s) to be used for this activity will be deterred from creating finds there is a need to provide for the abatement of such nuisance vehicles.

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:

1. Commercial quantities means waste material generated in the course of a trade, business, profession, or occupation, or an amount of waste equal to or in excess of one cu. yd.

2. Litter or littering means the willful or negligent throwing, dropping, placing, depositing, discarding or setting of small quantities (as opposed to commercial quantities) of waste material on private or public property.

3. Dumping is defined as the willful of negligent throwing, dropping, placing, depositing of any waste matter in excess of what is generally carried upon a person. Dumping of waste including amounts that can be carried in the bed of a truck or the trunk of an automobile, and can include, but not by way of limitation, waste items such as appliances or construction material, and can also include large bags, sacks or other containers containing waste material.

4. Waste means matter discarded, used, or leftover substances including, but not limited to, any garbage, trash, refuse, paper, container, packaging, or construction material, carcass of a dead animal, or offensive material of any kind, or any object likely to injure any person or create a traffic hazard.

5. Local enforcement entities means any city, county, or city and county in this State.

6. Vehicle means a vehicle as defined by Vehicle Code § 670.

It is unlawful for any person, firm or corporation to dump or cause the dumping of commercial quantities of waste on or upon any public property, except public property specifically designated to receive such waste, or on or upon any private property. As used hereafter in this Chapter, "dumping of commercial quantities of waste" shall be defined to include "dumping waste" or "dump waste."

Any vehicle used to illegally dump waste in violation of Section 11.81.018 is declared a nuisance and the vehicle shall be seized and impounded for 30 days as provided in this Chapter.

Upon proof that a vehicle was used in violation of any provision of this Chapter or in violation of the prohibitions set forth in Section 11.81.018 of this Chapter, the Town Manager or his/her designee shall declare the vehicle a nuisance.

Upon discovery of the existence of a vehicle used to illegally dump waste in violation of Section 11.81.018 within the Town, the Town Manager or his/her designee shall have the authority to cause the immediate seizure, towing and impounding of the vehicle for 30 days in accordance with the procedure described in this Chapter. Any costs of seizure, impounding and any other related costs shall be obligations of the registered and legal owner of the vehicle and shall constitute a lien on the vehicle. This Chapter does not authorize the seizing, towing and impounding of vehicles in the event of littering.

Any vehicle seized and impounded under this Chapter shall be released to the registered owner or his or her agent prior to the end of the 30 days' impound period under any of the following circumstances:

1. When the vehicle is a stolen vehicle.

2. When the vehicle was seized under this Chapter and the Hearing Officer determines the vehicle was seized for an offense not authorized by this Chapter.

Vehicles subject to seizure and impounding under this Chapter may be seized and impounded for a period of 30 days by any peace officer. This Chapter is not the exclusive regulation of vehicles used to illegally dump waste. It shall supplement and be in addition to regulations of other regulatory codes, statues and ordinances enacted by the State, or any city, town, county or any local enforcement entities having jurisdiction.

1. Duplicate receipts for vehicles seized and impounded pursuant to this Chapter shall be delivered to any person out of whose possession such vehicle was seized, in accordance with Penal Code § 1412.

2. A notice of seizure and impounding of the vehicle which shall state that (1) all changes of impounding and storage are obligations of the registered and legal owners of the vehicle, and (2) shall constitute a lien on the vehicle, and (3) provide an opportunity to the registered and legal owners of the vehicle to request a poststorage hearing shall be given to the registered and legal owner of the vehicle, as provided in this Chapter and Vehicle Code § 22852.

3. The Apple Valley Police Department, within two working days of impoundment, shall send the notice described in the preceding paragraph by certified mail, return receipt requested, to the registered and legal owner of the seized and impounded vehicle, at the address obtained from the Department of Motor Vehicles.

4. The registered and legal owner of a vehicle that has been seized and impounded under this Chapter shall be provided with the opportunity for a poststorage hearing to determine the validity and to consider any mitigating circumstances attendant to the seizure and impound.

If the registered and/or legal owner of a vehicle that has been seized and impounded under this Chapter requests a poststorage hearing, the Town Manager or his/her designee shall appoint a Hearing Officer who shall conduct such postseizure hearing. The hearing shall be held as soon as practicable after the request for hearing is made. The Hearing Officer will ascertain whether the alleged violation constitutes a public nuisance as set forth in this Chapter, whether cause existed for the seizure, impounding and storage and other factors as are relevant to the postseizure hearing. The Hearing Officer conducting the poststorage hearing shall consider all relevant evidence, objections or protests relative to the seizure and impounding of the vehicle.

In addition to imposed towing and storage charges, there shall be imposed on the registered and legal owner of any vehicle impounded and stored under this Chapter an administrative charge in the amount set by resolution adopted by the Town Council to establish the administrative costs relating to the seizure, removal, impound, storage and release of vehicle used in violation of this Chapter. All administrative charges imposed by the Town shall be paid to the Town prior to the time the Town authorizes the release of the vehicle by the impounding entity or authority.

In the event said administrative charges are not paid as provided in this Chapter, the Town may exercise its lien rights and cause the vehicle to be sold to recover its costs and expenses in accordance with the procedures set out in the California Vehicle Code applicable thereto. In the event the towing, impound and storage charges are not paid to the impounding entity or authority said entity or authority may exercise such lien rights as are authorized by the California Vehicle and Civil Codes. In the event the vehicle is sold at a lien sale and the proceeds are insufficient to pay the administrative charge of the Town and the towing and storage charges of the impounding entity or authority, the Town charges shall first be paid and then any remaining balance shall be paid to the impounding entity or authority.

Said administrative charges may be waived by the Town upon verifiable proof that the vehicle was reported stolen at the time the vehicle was seized and towed for impound under this Chapter, was stolen at the time the vehicle was towed, or the vehicle was towed from outside the Town of Apple Valley.

Administrative charges shall only be imposed on a vehicle used to illegally dump waste in violation of Section 11.81.018.

Any person or his or her servant, agent, or employee who owns, leases, possesses, or maintains any vehicle used for unlawful dumping of waste in violation of Section 11.81.018 is guilty of a violation of this Chapter.

(Ord. 278, 01-27-04)