Azusa Municipal Code Art. II Abandoned Vehicles

In addition to and in accordance with the determination made and the authority granted by the state under Vehicle Code § 22660 to remove abandoned, wrecked, dismantled or inoperative vehicles or parts thereof as public nuisances, the city council finds and declares that the accumulation and storage of abandoned, wrecked, dismantled or inoperative vehicles or parts thereof on private or public property, not including highways, is 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 permitted in this article, is declared to constitute a public nuisance which may be abated as such in accordance with this article.

(Code 1971, § 11.64.010)

(a) This article shall not apply to a vehicle or part thereof which is:

(1) 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) 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.

(b) Nothing in this section shall authorize the maintenance of a public or private nuisance as defined under provisions of law other than Vehicle Code § 22650 et seq.

(Code 1971, § 11.64.030)

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

(Code 1971, § 11.64.040)

Except as otherwise provided in this article, this article shall be administered and enforced by the chief of police. In the enforcement of this article, such 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 article.

(Code 1971, § 11.64.050)

When the city council has contracted with or granted a franchise to any person under this article, such person 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 article.

(Code 1971, § 11.64.060)

The city council from time to time shall 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 article.

(Code 1971, § 11.64.070)

A public hearing shall be held on the question of abatement and removal of the vehicle or part 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 notices are returned undelivered by the United States Postal Service, the hearing shall be continued to a date not less than ten days from the date of such return.

(Code 1971, § 11.64.080)

Notice of hearing under this article shall also be given to the state 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 provided for in section 74-47.

(Code 1971, § 11.64.090)

(a) All hearings under this article shall be held before the chief of police who shall hear all facts and testimony he deems pertinent. These facts and testimony may include testimony on the condition of the vehicle or part thereof and the circumstances concerning its location on private or public property. The technical rules of evidence shall not apply. 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 at the hearing and deny responsibility for the presence of the vehicle on the land, with his reasons for such denial.

(b) The chief of police may impose such conditions and take such other action as he deems appropriate under the circumstances to carry out the purpose of this article. 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 chief of police may find that a vehicle or part thereof has been abandoned, wrecked, dismantled or is inoperative on private or public property and order it removed from the property as a public nuisance and disposed of as provided in this article 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.

(c) 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 chief of police 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 landowner.

(d) If an interested party makes a written presentation to the chief of police but does not appear, he shall be notified in writing of the decision.

(Code 1971, § 11.64.100)

(a) Under this article, any interested party may appeal the decision of the chief of police by filing a written notice of appeal with the chief of police within five days after his decision.

(b) Such appeal shall be heard by the city council which may affirm, amend or reverse the order or take other action deemed appropriate.

(c) The clerk shall give written notice of the time and place of the hearing to the appellant and those persons specified in section 74-47.

(d) In conducting the hearing the city council shall not be limited by the technical rules of evidence.

(Code 1971, § 11.64.110)

No person shall 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 procedures of this article or state law, where such state law is applicable.

(Code 1971, § 11.64.150)

Under this article, five days after adoption of the order declaring the vehicle or parts thereof to be a public nuisance, five days from the date of mailing of notice of the decision, if such notice is required by section 74-49, or 15 days after such action of the city council 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, unless it qualifies for horseless carriage or historical vehicle license plates per Vehicle Code § 5004.

(Code 1971, § 11.64.120)

Under this article, 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 card, certificate of ownership, or license plates.

(Code 1971, § 11.64.130)

Under this article, if the administrative costs and the cost of removal which are charged against the owner of a parcel of land pursuant to section 74-49 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 pursuant to Government Code § 38773.5 and shall be transmitted to the tax collector for collection. This assessment shall have the same priority as other city taxes.

(Code 1971, § 11.64.140)