Big Bear Lake Municipal Code Ch. 8.82 Vehicle Abatement and Removal

A. Pursuant to the authority cited in this code, California Code Vehicle Code subsection 22660 and 22669, California Government Code subsection 25845, and the authority granted by the state and California Constitution Article XI, subsection 7, the city council of the city authorizes the community development director of the city and its designated employees to enforce the provisions of this chapter within the city. This authority includes the right to enter private or public property for the purposes specified in this chapter, to examine a vehicle or parts thereof, to obtain information as to the identity of a vehicle and remove or cause the removal of a vehicle or part thereof declared to be a nuisance.

B. Any person interfering with or refusing entry to property to any county or contracted service employee performing duties under this chapter shall be guilty of a misdemeanor and, upon arrest and conviction, shall be punished by a fine not in excess of five hundred dollars, and imprisonment of not more than ninety days, or both. This includes all attempts to retrieve, remove or relocate vehicles at the onset of or during the abatement and removal process by the city and/or its contractors.

(Ord. 90-186 § 1 (part), 1990)

For the purposes of this chapter, unless otherwise apparent from the context, phrases used in this chapter are defined as follows:

A. "Abandoned vehicle" means a vehicle which is located on public or private property without the express or implied consent of the property owner or person in lawful possession or control of the property.

B. "Administrative board" means a body appointed by the director to hear appeals under this chapter and shall consist of three persons.

C. "CDD" means the community development department of the city of Big Bear Lake.

D. "Director" means the director of the community development department.

E. "Dismantled" means that integral component parts necessary to operate the vehicle on a highway, roadway or public street have been removed from the vehicle.

F. "Fee" means any amount of money charged, fined or paid to CDD relating to the administrative and/or enforcement costs incurred for the purposes of enforcing this chapter.

G. "Inoperable" means the vehicle is absent a motor, transmission, wheels or any other part or equipment necessary to operate safely on a highway, roadway or public street.

H. "Junked" means a vehicle which has been destroyed or damaged to such an extent that it is nonrepairable.

I. "Licensed dismantler's yard" means a premises used for dismantling or wrecking of vehicles, where there is buying, selling or dealing in such vehicles, their integral parts, or component materials thereof, and the sale of dismantled, partially dismantled, wrecked or inoperative vehicles.

J. "Lien sale" means a sale of a vehicle to obtain legal ownership of a vehicle under title or requiring registration, under the California Vehicle Code.

K. "Owner" means any person or entity having legal or rightful title in any personal property or real property subject to the provisions of this chapter.

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

M. "Person" means and includes a natural person, firm, copartnership, association, or corporation.

N. "Private property" means property owned by a person other than a public entity.

O. "Public property" means property owned by a public entity.

P. "Roadway" means that portion of a highway which is improved, designed or ordinarily used for vehicular travel, including improved shoulders.

Q. "Unattended vehicle" means a vehicle for which the licensed driver responsible for the same is not within an audible distance and immediately available for moving the vehicle.

R. "Vehicle" means any device by which persons or property may be propelled, moved, or drawn upon a highway, and shall include all types of motor vehicles, but shall exclude devices moved exclusively by human power or used exclusively upon stationary rails or tracks.

S. "Wrecked" means a vehicle which has been damaged to such an extent that it is only semirepairable and/or uneconomical to repair.

(Ord. 90-186 § 1(part), 1990)

Pursuant to the determination made, and the authority granted by the state under subsection 22660 of the California Vehicle Code to abate and remove abandoned, dismantled, inoperative, junked and wrecked vehicles, and/or parts thereof as public nuisances, and in accordance with the city's constitutional police power authority, the city council of the city makes the following findings and declarations: The accumulation and storage of dismantled, wrecked, inoperative, junked, abandoned vehicles or parts thereof, on private or public property (other than streets and highways which are regulated by the Vehicle Code) is found to create a condition tending to reduce the value of private and public property, to promote blight and deterioration, 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 of the public. Therefor, the presence of abandoned, dismantled, inoperative, junked or wrecked vehicles or parts thereof on private or public property (other than on streets, public roadways, alleys, rights- of-way and highways) in the city except as expressly permitted in this chapter, is declared to constitute a public nuisance which may be abated as such in accordance with the provisions of this chapter.

(Ord. 90-186 § 1(part), 1990)

This chapter shall not apply to any vehicle or parts thereof which is completely enclosed within a building consisting of four walls and roof in a lawful manner, where such vehicle is not visible from the street or other public or private property or a vehicle or parts thereof which is stored or parked in a lawful manner on property used in connection with the business of a licensed dismantler, garage, vehicle dealer or junkyard. This exception shall not authorize the maintenance of a public or private nuisance as defined under the provisions of law other than this chapter.

(Ord. 90-186 § 1(part), 1990)

This chapter is not the exclusive regulation of abandoned, dismantled, inoperative, junked or wrecked vehicles or parts thereof, or public nuisances 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, including Chapter 6 of the San Bernardino County Code, which are adopted in their entirety to be Title 8, Chapter 8.82 of the Big Bear Lake Municipal Code.

(Ord. 90-186 § 1(part), 1990)

Any abandoned, dismantled, inoperative, junked or wrecked vehicles or parts thereof, or fully or partially disassembled vehicle (including vehicles without hood, fenders, engines, body panels, headlights, trunk lid, wheels, windows or windshields) when placed or kept for more than seventy-two hours in residential, commercial or industrial sites (except licensed vehicle impound storage yards, garages, vehicle dealers, junkyards and/or dismantling yards), and visible from outside the parcel of land upon which such is or are kept, is prohibited and constitutes a violation of this chapter.

(Ord. 90-186 § 1(part), 1990)

No person shall cause, permit, maintain, conduct or otherwise allow an abandoned, dismantled, inoperative, junked or wrecked vehicle or parts thereof to be openly stored, within the city. It shall be the duty of every owner, and/or occupant, in control of any land located within the city to remove, abate, and prevent the recurrence of open storage of such a vehicle. Any recurrence of such condition of a specific vehicle on the same property may be deemed a continuation of the original condition and additional notification requirements under Sections 8.82.090 and 8.82.200 shall not be required.

(Ord. 90-186 § 1(part), 1990)

A. Emergency Abatement. When a vehicle defined by this chapter as a public nuisance constitutes an immediate hazard or threat of harm and the situation calls for abatement sooner than the abatement procedures herein allow, CDD or sheriff's department may take or cause emergency removal of such nuisance with such notice to parties concerned, or without notice, as the particular circumstances reasonably allow. Required notification procedures prior to disposal of such vehicle(s) shall be followed.

B. Request for Service. If any member of the public, except self-storage operators, requests CDD in writing to remove abandoned, dismantled, inoperative, junked or wrecked vehicles or parts thereof, CDD is authorized to provide processing and removal for a fee which covers all CDD costs. The removed abandoned, dismantled, inoperative, junked or wrecked vehicles or parts thereof, through transfer of title or lien sale process shall become the property of the city and such will be the responsibility of the city to dispose of according to law.

C. Complaints. CDD will investigate anonymous complaints associated with abandoned, dismantled, inoperative, junked or wrecked vehicles or parts thereof. The complaint may be phoned in or be in writing and must have situs address and/or assessor parcel number with a description of the violation. The process referring to notice of intent to abate and remove will be utilized for abatement if such is determined to be appropriate.

(Ord. 90-186 § 1(part), 1990)

A ten-day notice of intent to abate and remove shall be given to the property owner to remove the vehicle or vehicles or parts thereof, as a public nuisance, 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. Notification shall be given either by personal delivery or posting the property, and shall be mailed by registered or certified mail addressed to the property owner at the his/her last known business or residence address as the same appears in the public records of the last equalized assessment roll, and to the last registered and/or legal owner of the vehicle by registered or certified mail to the last address listed with the Department of Motor Vehicles. If such a vehicle is in such condition that identification numbers are not available to determine ownership, notice need not be given to the last registered and/or legal owner. The notice shall be substantially as follows:

You are hereby notified to abate this public nuisance by removal of the vehicle(s) or parts thereof within ten days from the date of mailing of this notice. If you fail to do so, the public nuisance and such dismantled, wrecked, junked, inoperative, abandoned vehicles or parts thereof, will be abated and removed by San Bernardino County DEHS and/or contract services and all the costs for abatement and removal, together with administrative costs, may be assessed to the legal owner of the land on which the public nuisance and such dismantled, junked, abandoned, inoperative vehicle or parts thereof are located.

The notice shall also set forth the procedures and time period for filing an appeal. The notice 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/she may appear in person at a hearing or may submit a sworn statement denying responsibility for the presence of the vehicle on the land, with his/her reasons for such denial, in lieu of appearing.

If the nuisance is not abated and a request for hearing has not been received within the time period given in the notice, the CDD is authorized to abate the nuisance.

A notice of intent to abate and remove shall not be required for removal of a vehicle or parts thereof which is inoperable due to the absence of a motor, transmission, or wheels and incapable of being towed; is valued at less than two hundred dollars; 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 parts thereof. Notice of intent to dispose of the vehicle or parts thereof shall be provided to the last registered and legal owners prior to the final disposition. If the vehicle or parts thereof are not claimed and removed within twelve days after the notice is mailed, the CDD may authorize disposal of the vehicle and parts thereof. This paragraph shall only apply to inoperable vehicles 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.

Notice shall be given to the Department of Motor Vehicles within five days after the date of removal of vehicles under this section, identifying the vehicle or part thereof and any evidence of registration available, including, but not limited to, the registration card, certificates of ownership, or license plates.

No vehicle which has been abated or removed as a public nuisance shall thereafter be reconstructed or made operable unless it is a vehicle which qualifies for either horseless carriage license plates or historical vehicle license plates.

The city and/or contract services shall not liable for damage caused to a vehicle or part thereof by removal pursuant to this section.

(Ord. 90-186 § 1(part), 1990)

When abatement has been completed, the director of CDD shall render to the city finance director an itemized statement covering work necessary for the abatement. The city finance director shall pay the same from the funds of the agency causing the work to be done, and the director shall present to the property owner a demand for payment by mail. If payment is not made on behalf of the property owner within sixty days after mailing of such bill, the director shall file a notice of pendency and certify to the finance director the remaining unpaid cost. The finance director shall cause the amount of the same to be entered upon the next succeeding secured tax roll. Thereafter, the amounts of the assessment shall be collected at the same time and in the same manner as county taxes are collected, and are subject to the same penalties and the same procedure and sale in case of delinquency as provided for ordinary county taxes, except that if any real property to which such lien would attach has been transferred or conveyed to a bona fide purchaser for value, or if a lien or a bona fide encumbrancer for value has been created and attached thereon, prior to the date on which the first installment of such taxes would become delinquent, then the lien which would otherwise be imposed by this section shall not attach to such real property and the costs of abatement, as confirmed, relating to such property shall be transferred to the unsecured roll for collection from the person who was the property owner at the time of the abatement.

(Ord. 90-186 § 1(part), 1990)

Upon written request by the legal owner of the vehicle under title or requiring registration under the California Vehicle Code, received by the CDD within ten days after mailing of the notice of intent to abate and remove, or a sworn written statement from the owner of the land, claiming nonresponsibility for the vehicle(s), a public hearing shall be held by the administrative board on the abatement and removal of such vehicle(s) and parts thereof as a public nuisance. The sworn written statement shall be construed as a request for hearing which does not require the presence of the owner submitting such request. The administrative board shall hear and act on appeals within sixty days of filing and its determination shall be conclusive. The owner of the land on which the vehicle is located may appear in person at the hearing, or present a sworn written statement denying responsibility for the presence of the vehicle on the land, with his/her reasons for such denial. If it is determined at the hearing that the vehicle was placed on the land without the consent of the landowner and that he/she has not subsequently acquiesced in its presence, then the local authority 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 cost from such owner. The administrative appeals board shall consist of the city attorney as chair, the commander of the local sheriff's station and one public member appointed by the city council. The board shall operate under the rules established for judicial arbitration established by the California Code of Civil Procedures.

(Ord. 90-186 § 1(part), 1990)

Any appeal from charges for the cost of removal and abatement must be filed within sixty days from the date of billing or mailing of a tax bill which shows abatement charges.

(Ord. 90-186 § 1(part), 1990)

All or any portion of any such special assessment, penalty, or costs heretofore entered, shall on order of the administrative board, be cancelled by the finance director if uncollected, or, except in the case provided for in Section 8.82.050, refunded by the city treasurer if collected, if it or they were entered, charged or paid:

A. More than once;

B. Through clerical error;

C. Through the error or mistake of the administrative board, the director, or the person designated by them to give notice to abate regarding any material fact relevant to the determination of a charge;

D. Illegally;

E. The owner of the land was not responsible for the vehicle(s);

F. On property acquired after the lien date by the state or by any county, city, school district, or other political subdivision and because of this public ownership, not subject to sale for delinquent taxes

(Ord. 90-186 § 1(part), 1990)

No order for a refund under Section 8.82.130 shall be made except on a claim:

A. Verified by the person who paid the special assessment, their guardian, executor, or administrator;

B. Filed within three years after making the payment sought to be refunded.

(Ord. 90-186 § 1(part), 1990)

The abandonment of any vehicle on public or private property shall constitute a prima facie presumption that the last registered owner of record is responsible for the abandonment and thereby liable for the cost of removal and disposition of the vehicle. When the abatement has been completed, the director of CDD shall render to the city finance director an itemized statement covering work necessary for abatement. The finance director shall pay the same from the funds of the agency causing the work to be done, and the director shall present to the registered owner of the vehicle a demand for payment of the costs required for removal and disposition of the vehicle, not to exceed those for towing and seven days of storage. If payment is not made on behalf of the registered owner of the vehicle within sixty days after mailing of such bill, the director may issue an abandoned vehicle citation and/or notify the department of motor vehicles.

(Ord. 90-186 § 1(part), 1990)

If a vehicle and parts thereof are removed from a property as a public nuisance, the vehicles or parts thereof shall be disposed of by removal to a scrap yard, licensed automobile dismantler's yard or any suitable site determined by the city CDD for processing as scrap.

(Ord. 90-186 § 1(part), 1990)

A. If an abandoned vehicle and parts thereof are removed from a property, and the estimated value of the vehicle is three hundred dollars or less, a notice which states that the vehicles will be removed by the city CDD shall be securely attached to the vehicle not less than seventy-two hours before the vehicle is removed. Immediately after removal of the vehicle, the city CDD and/or contract services shall notify the Stolen Vehicle System of the Department of Justice in Sacramento of the removal.

B. Within forty-eight hours of the removal, excluding weekends and holidays, a notice shall be sent to the registered and legal owners of the vehicle by registered or certified mail to the last address listed with the Department of Motor Vehicles, and to any other person known to have an interest in the vehicle. This notice shall include the following information:

1. The name, address, and telephone number of city CDD;

2. The location of the place of storage and description of the vehicle which shall include, if available, make, license plate number, vehicle identification number and mileage;

3. The authority and purpose for removing the vehicle;

4. A statement that the vehicle will be disposed of fifteen days from the date of the notice;

5. A statement that the owners and interested persons, or their agents, have an opportunity for a post-storage hearing if the request is made in person, in writing, or by telephone within ten days from the date of the notice;

6. Any requested hearings shall be conducted within forty-eight hours of the request, excluding weekends and holidays. Except as provided herein, the provisions of subsection 33.029 (administrative hearings procedures) of Chapter 2 of the San Bernardino County code are incorporated here by reference.

D. Failure of either the registered or legal owner or interested person or their agent to request or to attend a scheduled hearing shall satisfy due process post-storage hearing requirements.

E. If, after fifteen days from the notification date, the vehicle remains unclaimed and the towing and storage fees have not been paid, and if no request for a post-storage hearing was made or a post-storage hearing was not attended, the city CDD may authorize disposal of the vehicle.

F. If the names and addresses of the registered and legal owners of the vehicle are available from the records of the Department of Motor Vehicles, the city CDD may authorize disposal of the vehicle at any time after the removal.

G. Disposal of the vehicle may only be to a licensed dismantler or scrap iron processor. A vehicle disposed of pursuant to this section shall not be reconstructed or made operable, unless it is a vehicle which qualifies for either horseless carriage or historical vehicle license plates.

(Ord. 90-186 § 1(part), 1990)

After the abatement and removal process described in Section 8.82.170 has occurred, and the post-storage notification requirements described in Section 8.82.170 have been met, a lien sale will be conducted on every removed, abandoned vehicle with a value of over three hundred dollars, and such sale will be carried out if all fees and costs for the removal, storage and application for lien sale have not been paid and the vehicle has not been redeemed by the registered or legal owner of the vehicle. Once legal ownership has been transferred to the city by lien sale, the vehicle(s) or parts thereof will be sold on a regular scheduled date by an auction or other authorized, legal method permitted for the county.

(Ord. 90-186 § 1(part), 1990)

A. A vehicle which is valued at three hundred dollars or less, and which has been removed from a property by the city CDD and/or contract services as an abandoned vehicle, may be redeemed by the registered or legal owner of the vehicle after payment of reasonable removal and storage costs, excluding lien sales costs, within fifteen days of the mailing date of notification of removal.

B. A vehicle which is valued at three hundred dollars or less, and which has been removed from a property by the city CDD and/or contract services as a public nuisance, may be redeemed by the registered or legal owner of the vehicle after payment of reasonable removal, storage and lien sale costs within ten days of the date of removal.

C. A vehicle which is valued at greater than three hundred dollars, and which has been removed from a property by the city CDD and/or contract services, may be redeemed by the registered or legal owner of the vehicle after payment of reasonable removal, storage and lien sale costs, within fifteen days of the mailing date of notification of removal if abated as an abandoned vehicle, and within thirty days of removal if abated as a public nuisance.

D. In no case shall the costs charged to the legal or registered owner for removal and disposition of an abandoned vehicle under this section exceed those for towing and seven days of storage.

(Ord. 90-186 § 1(part), 1990)

Notwithstanding any other provision of this chapter, the director of CDD and his designated employees are authorized to remove abandoned and unattended vehicles pursuant to the provisions of County Code subsection 53.036 and abandoned vehicles pursuant to the provisions of Vehicle Code subsection 22669. In exercising this authority they shall follow all procedural and legal requirements applicable to said sections.

(Ord. 90-186 § 1(part), 1990)

For lien sale purposes, CDD shall determine the estimated value of vehicles and maintain proper documentation and give notifications as required by the California Vehicle Code with respect to vehicles which are abated and removed under this chapter. CDD shall determine whether the estimated value of a vehicle that has been ordered removed, towed or stored is three hundred dollars or less; or over three hundred dollars but less than or equal to one thousand dollars; or over one thousand dollars. All regularly employed and salaried employees of CDD (including contract employees) are authorized to make appraisals to determine the value of vehicles abated or removed under this chapter.

(Ord. 90-186 § 1(part), 1990)

Any use of property contrary to the provisions of this chapter shall be and is declared to be unlawful. Upon request of the director of community development, or other city enforcement officer, an action for injunctive relief may be commenced for the abatement, removal and enjoinment thereof in the manner provided by law. Application shall be made to such court or courts, which have jurisdiction to grant such relief, to abate or remove such use, and restrain and enjoin any person from using any property contrary to the provisions of this chapter. It shall be the right and duty of every citizen to participate and assist the city officials in the enforcement of this provisions of this chapter.

(Ord. 90-186 § 1(part), 1990)

The CDD is authorized to negotiate with the San Bernardino County director of environmental health services for abatement and removal of vehicles subject to this chapter. All such agreements will be approved by the city council of the city.

(Ord. 90-186 § 1(part), 1990)

A. Unless otherwise provided, any person, firm, or corporation violating any provision of this chapter, other than the provisions of Section 8.82.020(B), shall be guilty of an infraction or a misdemeanor as hereinafter specified, and each day or portion thereof such violation is in existence shall be a new and separate defense.

B. Any person so convicted shall be:

1. Guilty of an infraction offense and punished by a fine of not less than fifty dollars but not exceeding one hundred dollars for the first violation;

2. Guilty of an infraction offense and punished by a fine not less than one hundred dollars and not exceeding two hundred dollars for a second violation;

3. The third and any additional violations shall constitute a misdemeanor offense and shall be punishable by a fine not less than five hundred dollars nor more than one thousand dollars, or by imprisonment in the county jail for a term not exceeding six months, or both.

C. Notwithstanding the above, a first or second offense may be charged and prosecuted as a misdemeanor. In addition to the above penalties, such convicted person, firm, corporation or other entity may, in the discretion of the court, be ordered to reimburse CDD for all necessary costs incurred through investigation, discovery, analysis, inspection, abatement and other actual costs incurred by CDD or its agents pertaining to the violation.

D. The court shall fix the amount of any such reimbursements upon submission of proof of such costs by CDD. Payment of any penalty herein provided shall not relieve a person, firm or corporation, or other entity from the responsibility of correcting the condition resulting from the violation.

(Ord. 90-186 § 1(part), 1990)