Beaumont Municipal Code Ch. 8.20 Abandoned Vehicles

This Chapter deals with the abatement and removal of abandoned, wrecked, dismantled or inoperative vehicles on private or public property, not including highways, and adopts a Vehicle Abatement Program pursuant to California Vehicle Code, Sections 22660 et seq. The authority and procedure for abating and removing abandoned vehicles from highways is contained in the California Vehicle Code. The actions and remedies set forth herein are to be considered as alternatives to all other proceedings authorized by the Beaumont Municipal Code or otherwise by law. The determination as to which alternative action or remedy shall be applied in a particular case shall be made by the City in its discretion based on the facts and circumstances of the particular case.

(Ord. 634, 1986; Ord. 718, 1993)

In addition to and in accordance with the determination made and the authority granted by the State of California under Section 22660 of the Vehicle Code of the State to remove abandoned, wrecked, dismantled or inoperative vehicles or parts thereof as public nuisances, the Council 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 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 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.

(Ord. 634, 1986)

As used in this Chapter:

A. "Highway" means a way or place of whatever nature, publicly maintained or open to the use of the public for purposes of vehicular traffic. "Highway" includes "street".

B. "Inoperative" includes, but is not limited to, a vehicle which is not currently and validly registered for operation or use on the highways and streets in the state as required under the provisions of Division 3 (commencing at Section 4000 et seq.) of the Vehicle Code of the State.

C. "Owner of the land" means the owner of the land on which the vehicle, or parts thereof, is located, as shown on the last equalized assessment roll.

D. "Owner of the vehicle" means the last registered owner and the last legal owner of record.

E. "Public property" does not include "highway".

F. "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.

(Ord. 634, 1986; Ord. 718, 1993)

The Abandoned Vehicle Hearing Officer shall be the City Manager or his designee.

(Ord. 634, 1986; Ord. 718, 1993)

Any vehicle or part thereof left parked or stored on public property for a period in excess of 72 hours shall be presumed to be abandoned. Any vehicle left, parked or stored on private property for a period in excess of 21 days shall be presumed to be abandoned. These are rebuttable presumptions.

(Ord. 634, 1986)

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.

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, or a junkyard; provided, however, that this exception shall not 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. 634, 1986)

This Chapter 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 heretofore or hereafter enacted by the City, the State, or any other legal entity or agency having jurisdiction.

(Ord. 634, 1986)

Except as otherwise provided herein, the provisions of this Chapter shall be administered and enforced by the Chief of Police or by any employee or employees of the City appointed by him and acting under his direction provided that the Chief of Police shall file a written confirmation of appointment with the City Clerk. In the enforcement of this Chapter, such persons charged with administration and enforcement 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, provided written permission or a proper warrant has been obtained.

(Ord. 634, 1986; Ord. 718, 1993)

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, provided written permission or a proper warrant has been obtained.

(Ord. 634, 1986; Ord. 718, 1993)

The City Council shall from time-to-time by resolution 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. 634, 1986)

Upon discovering the existence of an abandoned, wrecked, dismantled or inoperative vehicle, or parts thereof, on private or public property within the City, the Public Safety Director or his designated representative shall have the authority to cause the abatement and removal thereof in accordance with the procedure prescribed herein.

(Ord. 634, 1986)

A ten day notice of intention to abate and remove the vehicle or parts thereof, as a public nuisance, shall be mailed by the Chief of Police or his designated representative via registered 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 of the vehicle, unless the vehicle is in such condition that identification numbers are not available to determine ownership, and unless the property owner and the owner of the vehicle have signed releases authorizing removal and waiving further interest in the vehicle or part thereof. The form of the notice shall be such as is prescribed by the Chief of Police or his designated representative, and approved by the City Attorney, and shall contain a statement of the 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 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 reasons for such denial, in lieu of appearing. However, the notice of intention is not required for removal of a vehicle or part thereof which is located upon a parcel that is zoned for agricultural use or is not improved with a residential structure containing one or more dwelling units, and which is inoperable due to the absence of a motor, transmission, or wheels and incapable of being towed, is valued at less than $200.00 by a person specified in Section 22855 of the California Vehicle Code, and is determined to be a public nuisance presenting an immediate threat to public health or safety, provided that the property owner has signed a release authorizing removal and waiving further interest in the vehicle or part thereof. Prior to final disposition under Section 22662 of the California Vehicle Code of such a low-valued vehicle or part for which evidence of registration was recovered pursuant to subdivision (a), the Chief of Police or his designated representative shall provide notice to the registered and legal owners of intent to dispose of the vehicle or part, and if the vehicle or part is not claimed and removed within 12 days after the notice is mailed, from a location specified in Section 22662, final disposition may proceed and the City or a contractor of the City shall not be liable for damage caused to a vehicle or part thereof removed pursuant to such section.

(Ord. 634, 1986; Ord. 718, 1993)

A. Upon request by the owner of the vehicle or owner of the land received by the Chief of Police or his designated representative within ten days after the mailing of the notices of intention to abate and remove, a hearing shall be held by the Abandoned Vehicle Hearing Officer established pursuant to Section 8.20.040 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 parts thereof against the property on which it is located.

B. If the owner of the land submits a sworn, written statement denying responsibility for the presence of the vehicle on his land within such ten day period, said statement shall be construed as a request for a hearing which does not require his presence. Notice of the hearing shall be mailed by the Chief of Police or his designated representative via registered mail at least ten days before the hearing date 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 or unless ownership records are no longer available through the Department of Motor Vehicles.

C. If such a request for a hearing is not received within ten days after mailing of the notice of intention to abate and remove, the City shall have the authority to abate and remove the vehicle or parts thereof as a public nuisance without holding a hearing, upon the written order of the Chief of Police or his designated representative, a copy of which order shall be filed with the City Clerk, provided written permission or a proper warrant has been obtained.

(Ord. 634, 1986; Ord. 718, 1993)

A. All hearings under this Chapter shall be held before the Abandoned Vehicle Hearing Officer who shall hear all facts and testimony on the condition of the vehicle or parts thereof and the circumstances concerning its location on the private property or public property. The Hearing Officer shall not be limited by the technical rules of evidence, however, the hearing shall be conducted formally, all testimony shall be sworn testimony, and the hearing shall be recorded. 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 his reasons for such denial.

B. 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. The Hearing Officer may delay the time for removal of the vehicle or parts thereof if, in his 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 hereinafter 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, and a copy shall be filed with the City Clerk.

C. 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 he has not subsequently acquiesced in it presence, the Hearing Officer shall not assess the 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 owner of the land.

D. If the owner of the land submits a sworn, written statement denying responsibility for the presence of the vehicle on his land but does not appear, or 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.

E. If the Hearing Officer finds that the property owner did not consent or subsequently acquiesce to the presence of the vehicle or parts thereof, then the vehicle owner may be assessed for the costs of removal.

F. If the vehicle or parts thereof is on public property, the owner of the vehicle may be assessed for the costs of removal.

(Ord. 634, 1986; Ord. 718, 1993)

A. Any interested party may appeal the decision of the Abandoned Vehicle Hearing Officer by filing a written notice of the appeal with the Hearing Officer within seven days after his decision.

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

C. The City Clerk shall give written notice of the time and place of the hearing to the appellant and those persons specified in Section 8.20.120.

D. In conducting the hearing, the City Council shall not be limited by the technical rules of evidence, however, the hearing shall be conducted formally, all testimony shall be sworn testimony, and the hearing shall be recorded. The decision of the Council shall be final and conclusive and shall be a written decision which shall be served upon all interested parties by registered mail. The written decision shall contain a notice that judicial review, if desired, must be sought within the 90day time limit set forth in California Code of Civil Procedure, Section 1094.6.

(Ord. 634, 1986; Ord. 718, 1993)

Ten days after the latter of 1) the adoption of the order declaring the vehicle or parts thereof to be a public nuisance, 2) the date of mailing of notice of the decision if such notice is required by Section 8.20.140 or 3) the action of the Council authorizing removal following appeal, the vehicle or parts thereof may be disposed of by removal to a scrap yard or automobile dismantler's yard. After a vehicle has been removed, it shall not thereafter be reconstructed or made operable, unless it is a vehicle which qualified for either horseless carriage license plates or historical vehicle licenses plates pursuant to California Vehicle Code Section 5004, in which case the vehicle may be reconstructed or made operable.

(Ord. 634, 1986)

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 registration certificates, certificates of title and license plates.

(Ord. 634, 1986)

If the administrative costs and the cost of removal which are charged against the owner of a parcel of land pursuant to Section 8.20.140 are not paid within 30 days of the date of the order or the final disposition of an appeal there from, 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 City taxes.

(Ord. 634, 1986)

A. It is unlawful for any person who has previously had any vehicle owned by him or placed on his land abated in accordance with the provisions of this Chapter, excepting the owner of land exonerated pursuant to Section 8.20.140C, 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 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 conjunction with a business of a licensed dismantler, licensed vehicle dealer, or a junkyard.

B. It is unlawful for any person to fail or to refuse to remove an abandoned, wrecked, dismantled or inoperative vehicle, or part thereof, or to refuse to abate such nuisance when ordered to do so in accordance with the abatement provisions of this Chapter.

C. Any violations as set forth in subsections A and B of this Section 1.16.030 and 1.16.040 of the Beaumont Municipal Code shall apply.

(Ord. 634, 1986; Ord. 639 §1, 1987)

California Code of Civil Procedure, Section 1094.6 is hereby adopted and made applicable to any judicial review of any decision made by the City or its Vehicle Abatement Hearing Officer, agents, representatives or employees under this Chapter.

(Ord. 718, 1993)

If any section, subsection, sentence, clause or phrase of this Chapter is, for any reason, held unconstitutional or otherwise invalid, such decisions shall not affect the validity of the remaining portions of this Chapter. The City Council hereby declares that it would have adopted this Chapter, and each section, subsection, clause, sentence and phrase thereof, irrespective of the fact that any one or more sections, subsections, clauses, sentences or phrases be declared unconstitutional or otherwise invalid.

(Ord. 718, 1993)

Any reference to the masculine shall include the feminine and any reference to the feminine shall include the masculine. Any reference to the singular shall include the plural and any reference to the plural shall include the singular.

(Ord. 718, 1993)