Bell Municipal Code Ch. 10.40 Abandoned Vehicles

The provisions of this chapter shall govern the abatement and removal of motor vehicles, or part or parts thereof, which are abandoned, wrecked, dismantled or inoperative.

(Prior code § 6625)

For the purpose of this chapter, certain words and phrases shall be construed herein as set forth in this section, unless it is apparent from the context that a different meaning is intended:

"Building"

shall be defined as set forth in the city's zoning code.

"Director"

means the director of community development for the City of Bell.

"Incidental expenses"

include, but are not limited to, the actual expenses and costs of the city, such as preparation of notices, specifications, contracts, inspection of work, costs of printing and mailings required hereunder, and administrative and legal costs.

"Lot"

shall be defined as is set forth in the city's zoning code.

"Motor vehicle"

as used in this chapter shall be defined as set forth in Section 670 of the Vehicle Code of the State of California.

"Order of abatement"

means an order of abatement issued pursuant to the provisions of this chapter. Such order shall contain a description of the lot to which it relates; a description of the nature and extent of the public nuisance; the method or methods required to be utilized for the abatement of the nuisance; the time permitted for the abatement process; and a statement that if the owners fail to timely abate the nuisance pursuant to the order, that the nuisance will be abated by the city at the expense of the owners of the lot to which the order relates.

"Owner" or "owners"

means any person who holds a legal or equitable interest, including, but not limited to, leasehold interests in a motor vehicle or any part thereof.

"Structure"

shall be defined as set forth in the city's zoning code.

(Prior code § 6626)

The provisions of this chapter shall be administered by the director.

(Prior code § 6627)

Any motor vehicle which is abandoned, wrecked, dismantled or inoperative, or any part or parts thereof, located on any private property, or public property, excluding highways, in the city, is declared to be a public nuisance.

A. Abatement. Where such motor vehicle is found to constitute a public nuisance, by reason of its condition and location, as provided in this section, such nuisance shall be abated and the motor vehicle, and all parts thereof, shall be removed and disposed of as provided in this chapter.

B. Declaration. Whenever the director finds that any motor vehicle is being maintained contrary to the provisions of this chapter by reason of its condition and location, he or she shall give the notice required hereinafter.

(Prior code § 6628)

A. Notice of Intention to Abate. Prior to removal of any such vehicle, or part or parts thereof, the director shall give a 10 day notice of his or her intention to abate the nuisance by removal; such notice shall be given in the time and manner, and shall contain the information required, pursuant to Section 22660, et seq., of the Vehicle Code.

B. Request for Hearing. Within 10 days after the mailing of such notice, the owner of the lot upon which such vehicle or part or parts thereof is located, or the owner of the vehicle, may file a written request, as provided in such Section 22660 et seq., with the city clerk, requesting a hearing on such matter. If no such request is made, the director shall abate the nuisance as provided in the notice relating thereto.

C. Notice of Hearing. Notice of the hearing to determine whether a vehicle or part thereof constitutes a public nuisance, if requested within the time permitted, shall be given by the director to the owner of the lot whereon the vehicle is located, whose name appears, as such, on the last equalized assessment roll, and to the vehicle owner as shown on the last registration of the vehicle, unless the vehicle is in such condition that identification numbers are not available to determine ownership. Such notice shall be given by personal service or by deposit of the same in the custody of the United States Postal Service, or its successor, postage thereon prepaid. The failure of any person to receive such notice shall not affect the validity of any proceedings hereunder.

D. Hearing.

1. If a request for a hearing is made, the same shall be held by the director. At the time and place of hearing, the director shall hear and consider all relevant evidence, including, but not limited to, applicable staff reports, objections or protests relative to the existence of such alleged public nuisance and the manner proposed for abatement of the same. Such hearing may be continued from time to time.

2. Upon conclusion of the hearing, the director, based upon the evidence presented at such hearing, shall determine whether the vehicle, or any part thereof, as maintained, constitutes a public nuisance as defined in this chapter. If the director finds that a public nuisance exists, the director shall order that the same be abated within a reasonable time to be set in the order.

3. The owner of the lot on which the vehicle is located may appear in person at such hearing, or present a written statement in time for consideration at the hearing, denying responsibility for the presence of the vehicle on the lot, together with his or her reasons for such denial. If the director determines that the vehicle was placed upon the lot without the consent of the landowner, and the landowner has not subsequently acquiesced in its presence, the cost of abatement thereof shall not be levied against the lot.

(Prior code § 6629)

A copy of the director's order of abatement of such nuisance shall be served upon the owners of the lot to which the order relates in accordance with the provisions of Section 10.40.050(C) of this chapter.

(Prior code § 6630)

A. Appeal from Director's Determination. The director's determination to issue an order may be appealed by the owner of the lot to which the order relates, to the chief administrative officer ("CAO"). All such appeals shall be written and shall set forth the specific grounds for the appeal. Appeals shall be timely if filed with the director not later than the tenth consecutive calendar day following the service of the order on the owner by the director. The director shall not accept an appeal for filing nor shall any appeal be valid for any purpose, unless it complies with the provisions of this chapter, including, but not limited to, being accompanied by a filing and processing fee in the amount set by the city council. Upon the proper timely filing of an appeal the director shall cause to be prepared a fair summary of all proceedings taken wherein the director determined that a nuisance existed. The director shall submit such summary to the CAO who shall review and approve, disapprove or modify the director's action based upon such summary. A copy of the summary shall be served upon the owner prior to a determination on the appeal by the CAO; the owner may object to the sufficiency or accuracy of the summary, in writing, to the CAO, who shall resolve all such objections. The owner and the director may submit written arguments, in support of their respective positions, in accordance with a schedule of times for filing such arguments to be set by CAO, at the request of either the owner or the director. In the absence of a timely filed appeal, the decision of the CAO shall be final and conclusive.

B. Appeal from CAO's Decision. The decision of the CAO with reference to an order may be appealed to the city council by the owner of the lot to which the order relates. An appeal to the city council shall be written, and shall set forth the grounds for the appeal. Appeals shall be filed with the city clerk not later than the tenth consecutive calendar day following the service of the order as issued by the CAO on the owner by the CAO. No appeal shall be valid for any purpose unless the same complies with the provisions of this chapter, including but not limited to, being accompanied by evidence that a filing and processing fee in an amount set by the city council has been paid. Upon the proper timely filing of an appeal, the CAO shall submit to the city council the summary of all proceedings prepared by the director. The city council shall review the summary, and based upon such review, shall approve, disapprove or modify the CAO's decision. The owner and the director shall have the opportunity to submit to the city council written arguments, in accordance with the schedule of times for filing such arguments to be set by the city clerk. The decision of the city council shall be final and conclusive.

(Prior code § 6631)

After a final determination that a vehicle, or parts thereof, constitutes a public nuisance within the meaning of this chapter, the owner of the vehicle, and/or the owner of the lot whereon the same is located, shall abate the public nuisance by removing the same in the time set forth in the order of abatement relating thereto. If such person or persons fail to abate such public nuisance, the director, or other authorized official, shall abate the same by city forces or private contract in the time and manner permitted by Section 22660 et seq., of the Vehicle Code of the State of California.

(Prior code § 6632)

Where the abatement of a public nuisance pursuant to this chapter is accomplished by city forces, the provisions of Chapter 8.36 of this code shall be applicable to such proceedings.

(Prior code § 6633)

Vehicles or parts thereof, declared to be a public nuisance pursuant to this chapter, shall be disposed of in the manner provided by Section 22660 et seq., of the Vehicle Code of the State of California, provided that, after a vehicle has been declared to be a public nuisance and has been removed from the lot where located, the same shall not be reconstructed or otherwise made operable.

(Prior code § 6634)

Within five days after the date of removal of a vehicle or part thereof, the director shall cause to be forwarded to the Department of Motor Vehicles of the State of California written notice identifying the vehicle or part thereof, and any evidence of registration available, including, but not limited to, registration certificates of title or license plates on any such vehicle.

(Prior code § 6635)

This chapter shall not apply:

A. To a vehicle or part thereof which is completely enclosed within a building in a lawful manner, where the same is not visible from a public or private street or other public or private property; and

B. To a vehicle or part thereof which is stored or parked in a lawful manner on private property in conjunction with the business of a licensed dismantler, licensed vehicle dealer or a junkyard; provided, however, that this latter exception shall not authorize the maintenance of any premises contrary to the provisions of this code.

(Prior code § 6636)