Blythe Municipal Code Ch. 10.12 Abandoned Vehicles

In addition to and in accordance with the determination made and the 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 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 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 parts thereof, on private or public property, not including highways, except as expressly permitted by this chapter, is declared to constitute a public nuisance which may be abated as such in accordance with the provisions of this chapter.

(Ord. 412 § 1 (part), 1971)

As used in this chapter, the following definitions shall apply:

A. "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.

B. "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.

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

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

E. "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. 412 § 1 (part), 1971)

A. This chapter shall not apply to:

1. A vehicle, or parts 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; and this chapter shall not apply to a vehicle, or parts thereof, which is located behind a solid fence six feet in height or which is not plainly visible from a highway.

2. A vehicle, or parts 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 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 Chapter 10 (commencing with Section 22650) of Division 11 of the Vehicle Code and this chapter.

(Ord. 412 § 2, 1971)

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, or Riverside County, the state or any other legal entity or agency having jurisdiction.

(Ord. 412 § 3, 1971)

Except as otherwise provided in this chapter, the provisions of this chapter shall be administered and enforced by the building inspector. In the enforcement of this chapter 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 parts thereof declared to be a nuisance pursuant to this chapter.

(Ord. 412 § 4, 1971)

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.

(Ord. 412 § 5, 1971)

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 parts thereof, under this chapter. This cost of administration may be set as a fixed sum per removal, or as a percentage of the actual cost of removal.

(Ord. 412 § 6, 1971)

Upon discovering the existence of an abandoned, wrecked, dismantled or inoperative vehicle, or parts thereof, on private property or public property within the city, the building inspector shall have the authority to cause the abatement and removal thereof, in accordance with the procedure prescribed in this chapter.

(Ord. 412 § 7, 1971)

A ten-day notice of intention to abate and remove the vehicle, or parts thereof, as a public nuisance shall be mailed by registered mail 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. The notices of intention shall be in substantially the following forms:

NOTICE OF INTENTION TO ABATE AND REMOVE AN ABANDONED, WRECKED, DISMANTLED, OR INOPERATIVE VEHICLE OR PARTS THEREOF AS A PUBLIC NUISANCE.

(Name and address of owner of the land)

As owner shown on the last equalized assessment roll of the land located at (address), you are hereby notified that the undersigned pursuant to Ordinance No. 412 of the City of Blythe has determined that there exists upon said land an (or parts of an) abandoned, wrecked, dismantled or inoperative vehicle registered to _______, license number _______, which constitutes a public nuisance pursuant to the provisions of Ordinance No. 412 of the City of Blythe.

You are hereby notified to abate said nuisance by the removal of said vehicle (or said parts of a vehicle) within 10 days from the date of mailing of this notice, and upon your failure to do so the same will be abated and removed by the City of Blythe and the costs thereof, together with administrative costs, assessed to your as owner of the land on which said vehicle (or said parts of a vehicle) is located.

As owner of the land on which said vehicle (or said parts of a vehicle) is located, your are hereby notified that you may, within 10 days after the mailing of this notice of intention, request a public hearing and if such a request is not received by the City Council of the City of Blythe or the City Manager of the City of Blythe within such 10 day period, the Building Inspector of the City of Blythe shall have the authority to abate and remove said vehicle (or said parts of a vehicle) as a public nuisance and assess the costs as aforesaid without a public hearing. You may submit a sworn written statement within such 10-day period denying responsibility for the presence of said vehicle (or said parts of a vehicle) on said land, with your reasons for denial, and such statement shall be construed as a request for hearing at which your presence is not required. You may appear in person at any hearing requested by you or the owner of the vehicle, or in lieu thereof, may present a sworn written statement as aforesaid in time for consideration at such hearing.

Notice Mailed

(Date) s-

Building Inspector of the City of Blythe.

NOTICE OF INTENTION TO ABATE AND REMOVE AN ABANDONED, WRECKED, DISMANTLED OR INOPERATIVE VEHICLE OR PARTS THEREOF AS A PUBLIC NUISANCE

(Name and address of last registered and-or legal owner of record of vehicle—notice should be given to both if different)

As last registered (and-or legal) owner of record of (description of vehicle—make, model, license, etc.), you are hereby notified that the undersigned pursuant to Ordinance No. 412 of the City of Blythe has determined that said vehicle (or parts of a vehicle), exists as an abandoned, wrecked, dismantled or inoperative vehicle at (described location on public or private property) and constitutes a public nuisance pursuant to the provisions of Ordinance No. 412 of the City of Blythe.

You are hereby notified to abate said nuisance by the removal of said vehicle (or said parts of a vehicle) within 10 days from the date of mailing of this notice.

As registered (and-or legal) owner of record of said vehicle (or said parts of a vehicle), you are hereby notified that your may, within 10 days after the mailing of this notice of intention, request a public hearing and if such a request is not received by the City Council of the City of Blythe or the City Manager of the City of Blythe, within such 10-day period, the Building Inspector of the City of Blythe shall have the authority to abate and remove said vehicle (or said parts of a vehicle) without a hearing.

Notice Mailed

(date) s-

Building Inspector of the City of Blythe.

(Ord. 412 § 8, 1971)

Upon request by the owner of the vehicle or owner of the land received by the building inspector within ten days after the mailing of the notices of intention to abate and remove, a public hearing shall be held by the city council, or city manager, 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.

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 registered mail, at least ten days before the hearing 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. If such a request for hearing is not received within said ten days after mailing of the notice of intention to abate and remove, the city council shall have the authority to abate and remove the vehicle or parts thereof as a public nuisance without holding a public hearing.

(Ord. 412 § 9, 1971)

A. All hearings under this chapter shall be held before the city council, or city manager, which shall hear all facts and testimony it deems pertinent. Said facts and testimony may include testimony on the condition of the vehicle or parts thereof and the circumstances concerning its location on the private property or public property. The city council, or city manager, shall not be limited by the technical rules of evidence. 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 city council, or the city manager, may impose such conditions and take such other action as it deems appropriate under the circumstances to carry out the purpose of this chapter. It may delay the time for removal of the vehicle or parts thereof if, in its opinion, the circumstances justify it. At the conclusion of the public hearing, the city council, or city manager, may find that a vehicle or parts thereof has been abandoned, wrecked or dismantled, or is inoperative, on private or public property, order the same removed from the property as a public nuisance and disposed of as provided in this chapter, 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.

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 its presence, the city council, or city manager, 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 city council, or city manager, but does not appear, he shall be notified in writing of the decision.

(Ord. 412 § 10, 1971)

A. Any interested party may appeal the decision of the hearing officer, who is the city manager, by filing a written notice of appeal with the city council within five days after the decision of the city manager, acting as the hearing officer.

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 city clerk shall give written notice of the time and place of the hearing to the appellant and those persons specified in Section 10.12.090.

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

(Ord. 412 § 11, 1971)

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 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.

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 due to the absence of a motor, transmission or wheels and is incapable of being towed;

b. The vehicle or part thereof is valued at less than two hundred dollars by the development services 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 scrapyard, automobile dismantler's yard or public disposal area within twelve days after the notice to dispose of vehicle is mailed, final disposition may proceed.

D. 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. 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.

(Ord. 700 § 1, 1993)

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. 412 § 13, 1971)

A. If the administrative costs and the cost of removal which are charged against the owner of a parcel of land pursuant to Section 10.12.110 are not paid within thirty 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 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.

B. This cost of administration may be set as a fixed sum per removal, or as a percentage of the actual cost of removal.

C. The cost of removal would be the billing, if any, against the city for the removal by the dismantler or other commercial enterprise. If the city finds that commercial channels of disposition are not available, then costs of removal and disposition could be determined in somewhat the same manner as costs of administration. In any event, the cost of removal should be a fixed amount if possible.

(Ord. 412 § 14, 1971)

A. It is unlawful and an infraction for any person to abandon, park, store, or leave, or permit the abandonment, parking, storing, or leaving, of any licensed or unlicensed vehicle or parts thereof which is in an abandoned, wrecked, dismantled or inoperative condition upon any private property or public property, not including highways, within the city for period in excess of ten days, unless such vehicle or parts 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, a licensed vehicle dealer or junkyard.

B. It shall be unlawful and an infraction for any person to fail or refuse to remove an abandoned, wrecked, dismantled, or inoperative vehicle or parts thereof or refuse to abate such nuisance when ordered to do so in accordance with the abatement provisions of this chapter, or state law where such state law is applicable.

(Ord. 610 § 6, 1984: Ord. 412 §§ 15, 16, 1971)