Banning Municipal Code Ch. 10.28 Abandoned Vehicles

A. In addition to and in accordance with the determination made and authority granted by the state under Section 22660 of the Vehicle Code to remove abandoned, wrecked, dismantled or inoperative vehicles or parts thereof as public nuisances, the city 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 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 declared to constitute a public nuisance which may be abated as such in accordance with the provisions of this chapter.

C. As used in this chapter:

The term "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.

The term "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.

The term "public property" does not include "highway."

(Code 1965, § 13-80.)

This chapter shall not apply to:

A. A vehicle or part 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

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 enterprise.

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.

(Code 1965, § 13-81.)

Except as otherwise provided herein, the provisions of this chapter shall be administered and enforced by the license control officer or such other officer as the city manager may designate. In the enforcement of this chapter said officer and his subordinates, or other city employees, may enter upon private or public property to examine a vehicle or parts thereof, or obtain information as to the identify 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.

(Code 1965, § 13-82.)

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 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.

(Code 1965, § 13-83.)

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. No. 795, § 1(part).)

A. A notice of intention to abate and remove the vehicle or part thereof as a public nuisance shall be mailed, by registered or certified mail, to the owner of the land as shown on the last equalized assessment roll and to the last registered and legal owners of record unless the vehicle is in such condition that identification numbers are not available to determine ownership. The notice shall contain a statement of hearing rights of the owner of the property on which the vehicle is located and of the owner of the vehicle. The statement shall include notice to the property owner that he or she may appear in person at a hearing or may submit a sworn written statement denying responsibility for the presence of the vehicle on the land, with his or her reasons for such denial, in lieu of appearing.

B. A notice of intention to abate shall not be required if: (1) the property owner and the owner of the vehicle have signed releases authorizing removal and waiving further interest in the vehicle or part thereof, or (2) all the following conditions are satisfied:

a. The vehicle or part thereof is inoperable because there is no motor, transmission or wheels and it is not capable of being towed;

b. The vehicle or part thereof is valued at less than two hundred dollars by the building director, or his designee;

c. The department of building and safety has determined that the vehicle or part thereof is a public nuisance presenting an immediate threat to public health or safety;

d. The property owner has signed a release authorizing the removal and waiving further interest in the vehicle or part thereof; and

e. The vehicle is located upon a parcel that is either zoned for agricultural use or is not improved with a residential structure containing one or more dwelling units.

C. If a vehicle is removed pursuant to subsection (B)(2) of this section, prior to final disposition, the registered or legal owner shall be notified of the intent to dispose of the vehicle or part thereof. If the vehicle or part thereof is not claimed and removed from the scrap yard, automobile dismantler's yard or public disposal area within twelve days after the notice to dispose of vehicle is mailed, final disposition may proceed.

(Code 1965, § 13-85.)

A. Upon a timely request by the owner of the property on which the vehicle is located or the owner of the vehicle, 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, including attorney fees, and the cost of removal of the vehicle or part thereof against the property on which it is located. Action shall not be taken for the collection of such assessments or costs except as provided in Section 10.28.130.

B. This request shall be made in writing to the department of building and safety within ten days after the mailing of the notice of intention to abate and remove the vehicle or at the time of signing a release authorizing the removal and waiving further interest in the vehicle or part thereof. If the owner of the property on which the vehicle is located submits a sworn written statement denying responsibility for the presence of the vehicle on his land within such time period, this statement shall be construed as a request for hearing which does not require the presence of the property owner. If the request for a hearing is not received within such period, the department of building and safety, its employees or designees shall have the authority to remove or cause the removal of the vehicle.

(Code 1965, § 13-86.)

A. All hearings under this chapter shall be held before the public works advisory committee of the city, hereby designated as hearing officer, who shall hear all relevant facts and testimony. The facts and testimony may include evidence on the condition of the vehicle or part thereof and the circumstances concerning its location on private 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 at the hearing, and deny responsibility for the presence of the vehicle on the land, with his reasons for such denial.

B. The hearing officer may impose such conditions and take such other action as he or she deems appropriate under the circumstances to carry out the purpose of this chapter. He or she 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 and order the same recovered from the property as a public nuisance and disposed of as hereinafter provided and determine the administrative costs, including any attorneys' fees, 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. There shall be no action taken to recover such fees or costs except as provided in Section 10.28.130. 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 land owner and that he or she 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 the land owner.

D. If an interested party makes a written presentation to the hearing officer but does not appear, he or she shall be notified in writing of the decision.

(Code 1965, § 13-87.)

Any interested party may appeal the decision of the hearing officer by filing a written notice of appeal with the 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.

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

(Code 1965, § 13-87.1.)

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, or fifteen days after such action of the governing body authorizing removal following appeal, the vehicle or parts thereof may be disposed of by removal to a scrap yard or automobile dismantler's yard. If such commercial channels are not available or are inadequate, the vehicle may be disposed of at any public disposal area which will accept same. After a vehicle has been removed, it shall not thereafter be reconstructed or made operable.

(Code 1965, § 13-88.)

No local agency or contractor thereof shall be liable for damage caused to a vehicle or part thereof by removal pursuant to Section 22661 of the California Vehicle Code and this chapter.

(Code 1965, § 13-89.)

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. At the same time there shall be transmitted to the Department of Motor Vehicles any evidence of registration available, including registration certificates, certificates of title and license plates.

(Code 1965, § 13-90.)

A. Any administrative costs, including attorneys fees and the costs of removal shall be assessed against the owner of the parcel and/or the owner of the vehicle only in the manner set forth in Sections 10.28.070 and 10.28.080 of this chapter. However, no action shall be taken for the collection of such costs and fees except upon the prior determination of the building and safety official that the owner of the parcel and/or the owner of the vehicle have failed to proceed in the manner required by the order of the hearing officer as set forth in the determination issued pursuant to Section 10.28.080. The determination of the building and safety official may be appealed to the hearing officer if, within ten days of the date of notice of such failure by the building official, the owner of the parcel or the owner of the vehicle files with the building and safety department a written notice of appeal. The hearing officer shall thereafter hold a hearing of the matter at its next regularly scheduled meeting. The determination of the hearing officer as to compliance with its order shall be final. Upon a finding that the owner of the parcel or the owner of the vehicle had not complied with the original determination of the hearing officer within the time originally allowed, or as extended by the hearing officer, the costs of the appeal shall be added to the original assessment of administrative costs for collection hereunder.

B. If the administrative costs, including attorneys fees, and the costs of removal which are charged against the owner of a parcel of land pursuant to Section 10.28.080 are not paid within thirty days of the date of the finding of the building and safety official, or the final disposition of an appeal therefrom, such costs shall be assessed against the parcel of land pursuant to Section 24845 of the California Government Code and shall be transmitted to the tax collector for collection. Said assessment shall have the same priority as other county taxes.

(Code 1965, § 13-90.1.)

It shall be unlawful 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 or public property not including highways within the city for a period in excess of ten days unless such vehicle or part thereof is completely enclosed within a building in a lawful manner where it is not plainly visible from the street or other public or private property, or unless such vehicle is stored or parked in a lawful manner on private property in connection with the business of a licensed dismantler, licensed vehicle dealer or county approved junkyard. Any individual violating any provision of this section shall be deemed guilty of an infraction or misdemeanor as hereinafter specified. Such individual shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of any of the provisions of this section is committed, continued or permitted. Any individual convicted of a violation of this section shall be: (1) guilty of an infraction offense and punished by a fine not exceeding one hundred dollars for a first violation; (2) guilty of an infraction offense and punished by a fine not exceeding two hundred dollars for a second violation on the same site and perpetrated by the same individual. The third and any additional violations on the same site and perpetrated by the same individual shall constitute a misdemeanor offense and shall be punishable by a fine not exceeding one thousand dollars or six months in jail, or both. Notwithstanding the above, a first offense may be charged and prosecuted as a misdemeanor.

(Code 1965, § 13-90.2.)

A violation of this chapter is declared to be unlawful and a public nuisance. The city attorney, district attorney or Riverside County counsel shall be authorized to commence action or actions for the abatement, and removal and enjoinment thereof and for the collection of the costs of abatement, including administrative and attorney's fees and civil penalties in the manner provided by law.

(Code 1965, § 13-90.3.)

Upon a second or subsequent civil or criminal judgment for a violation of this ordinance, the court may order the owner to pay treble the costs of abatement, including administrative and attorneys' fees, in accordance with Government Code Section 25845.5.

(Code 1965, § 13-90.4.)

All remedies provided for herein shall be cumulative and not exclusive. The conviction and punishment of any person hereunder shall not relieve such person from the responsibility of abating and removing an abandoned, wrecked, dismantled, or inoperative vehicle or parts thereof. The procedures provided in this chapter are in addition to all other remedies and cost recovery options available to the city by law or in equity, including, but not limited to, those provided in chapter 1.32 of this Code.

(Code 1965, § 13-90.5.)

(Ord. No. 1598, § 11, 2-27-24)