Burbank Municipal Code Art. 22 Abandoned Vehicles (CA)

6-1-2201: PURPOSE:

In compliance with Section 22660 of the California Vehicle Code and because the accumulation and storage of abandoned vehicles on private or public property constitutes a public nuisance by promoting blight, inviting plundering, causing fire hazards, creating attractive nuisances which endanger minors, and providing harborage for rodents and insects, abandoned, wrecked, dismantled, or inoperative vehicles or parts thereof on private or public property not including highways may be removed in accordance with the provisions of this article. [Added by Ord. No. 2458; formerly numbered Section 29-145; renumbered by Ord. No. 3058, eff. 2/21/87.]

6-1-2202: DEFINITIONS:

As used in this article, unless the context otherwise clearly indicates, the following terms shall mean:

OWNER OF THE LAND: The owner of the land on which the vehicle, or parts thereof, is located, as shown on the last equalized assessment roll.

OWNER OF THE VEHICLE: The last registered owner and legal owner of record.

PUBLIC PROPERTY: Does not include highways. [Added by Ord. No. 2458; formerly numbered Section 29-146; renumbered by Ord. No. 3058, eff. 2/21/87.]

6-1-2203: EXCEPTIONS TO APPLICABILITY OF THIS ARTICLE:

This article shall not apply to:

A. 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;

B. 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, vehicle dealer, or junk dealer, or when necessary to the operation of a lawfully conducted business or enterprise. [Added by Ord. No. 2458; formerly numbered Section 29-147; renumbered by Ord. No. 3058, eff. 2/21/87.]

6-1-2204: NONEXCLUSIVITY OF THIS ARTICLE:

This article is not the exclusive regulation of abandoned vehicles within the City. It shall supplement other regulatory codes, statutes and ordinances heretofore or hereafter enacted by the City, the State, or other legal entity having jurisdiction. [Added by Ord. No. 2458; formerly numbered Section 29-148; renumbered by Ord. No. 3058, eff. 2/21/87.]

6-1-2205: ENFORCEMENT:

The provisions of this article shall be administered by the Chief of Police. In the enforcement of this article the Chief of Police and their deputies or agents, including persons with whom the Council has contracted or granted a franchise for removal of abandoned vehicles, may enter upon private or public property within the City to examine, remove, or cause the removal of a vehicle, or parts thereof, declared to be a nuisance pursuant to this article. [Added by Ord. No. 2458; formerly numbered Section 29-149; renumbered by Ord. No. 3058, eff. 2/21/87.]

6-1-2206: DETERMINATION OF ADMINISTRATIVE COSTS:

The Council shall determine and annually review the amount to be assessed as administrative costs under this article. These administrative costs shall be set as a fixed sum per removal to be added to the actual cost of removing the vehicle or parts thereof. [Added by Ord. No. 2458; formerly numbered Section 29-150; renumbered by Ord. No. 3058, eff. 2/21/87.]

6-1-2207: AUTHORITY OF CHIEF OF POLICE TO REMOVE ABANDONED VEHICLES:

Upon discovering the existence of an abandoned, wrecked, dismantled, or inoperative vehicle, or parts thereof, on private or public property within the City, the Chief of Police shall have the authority to cause the abatement and removal thereof pursuant to this article. [Added by Ord. No. 2458; formerly numbered Section 29-151; renumbered by Ord. No. 3058, eff. 2/21/87.]

6-1-2208: NOTICE OF INTENTION TO ABATE:

A ten (10) day notice of intention to abate and remove the vehicle, or parts thereof, as a public nuisance shall be mailed by registered or certified 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 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 _____________________________________, you are hereby notified that the undersigned pursuant to Article 22 of Title 6, Chapter 1 of the Burbank Municipal Code has determined that there exists upon said land an (parts of an) abandoned, wrecked, dismantled or inoperative vehicle registered to _________, license number , which constitutes a public nuisance. You are hereby notified to abate such nuisance by the removal of said vehicle (or parts of a vehicle) within ten (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 and the costs thereof, together with the administrative costs, assessed to you as owner of the land on which said vehicle (parts of a vehicle) is (are) located. As owner of the land on which said vehicle (parts of a vehicle) is located, you are hereby notified that you may, within ten (10) days after the mailing of this notice, request a public hearing, and if such a request is not received by the Chief of Police within such ten (10) days period, the Chief shall have the authority to abate and remove said vehicle (parts of a vehicle) as a public nuisance and assess the costs as hereinbefore provided without a public hearing. You may submit a sworn written statement within such ten (10) day period denying responsibility for the presence of said vehicle (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 hereinbefore provided in time for consideration at such hearing. _______________________________ Chief of Police By s/ Notice Mailed

(Date)

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), you are hereby notified that the undersigned pursuant to Article 22 of Chapter 29 of the Burbank Municipal Code has determined that said vehicle (parts of a vehicle) exists as an abandoned, wrecked, dismantled or inoperative vehicle at (describe location on public or private property) and constitutes a public nuisance. You are hereby notified to abate said nuisance by the removal of said vehicle (parts of a vehicle) within ten (10) days from the date of mailing of this notice. As registered (and/or legal) owner of record of said vehicle (parts of a vehicle), you are hereby notified that you may, within ten (10) days after the mailing of this notice, request a public hearing, and if such a request is not received by the Chief of Police within such ten (10) day period, the Chief shall have the authority to abate and remove said vehicle (parts of a vehicle) without a hearing. _______________________________ Chief of Police By s/___________________________ Notice Mailed

(Date)

[Added by Ord. No. 2458; formerly numbered Section 29-152; renumbered by Ord. No. 3058, eff. 2/21/87.]

6-1-2209: WHEN OFFICE HEARING REQUIRED:

A. Request for Office Hearing: Upon receipt by the Chief of Police of a request from the owner of the vehicle or the land within ten (10) days after the mailing of the notice of intention to abate and remove, an office hearing shall be held by the Chief of Police or their representative on the question of abatement and removal of the vehicle or parts thereof and the assessment of administrative costs and cost of removal.

If a request for an office hearing is not received within ten (10) 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 an office hearing.

B. Denial of Responsibility by Owner of Land: If the owner of the land submits a sworn written statement denying responsibility for the presence of the vehicle on their land within such ten (10) day period, said statement shall be construed as a request for a hearing which does not require their presence.

C. Notice of Hearing: Notice of the hearing shall be mailed, by registered or certified mail, at least ten (10) 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. [Added by Ord. No. 2458; formerly numbered Section 29-153; renumbered by Ord. No. 3058, eff. 2/21/87; 3048.]

6-1-2210: CONDUCT OF THE HEARING:

In holding hearings under Section 6-1-2209 of this article, the Chief of Police or their representative shall hear all pertinent evidence, including testimony on the condition of the vehicle or parts thereof and the circumstances concerning its location, and shall not be limited by the technical rules of evidence. The owner of the land may appear at the hearing or present a sworn statement denying responsibility for the presence of the vehicle on the land, with their reasons for such denial. [Added by Ord. No. 2458; formerly numbered Section 29-154; renumbered by Ord. No. 3058, eff. 2/21/87.]

6-1-2211: ORDERING REMOVAL OF VEHICLE:

At the conclusion of the public hearing, the Chief of Police or their representative may find that a vehicle or parts thereof has been abandoned, wrecked, dismantled, or is inoperative on private or public property and order the vehicle or parts 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 and license number of the vehicle, if available at the site. The Chief of Police or their representative may delay the time for removal of the vehicle or parts thereof if, in their opinion the circumstances justify it and may impose such conditions and take such other action as may be deemed appropriate under the circumstances to carry out the purposes of this article. [Added by Ord. No. 2458; formerly numbered Section 29-155; renumbered by Ord. No. 3058, eff. 2/21/87.]

6-1-2212: WHEN OWNER OF LAND NOT LIABLE FOR COSTS:

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 they have not subsequently acquiesced in its presence, the Chief of Police or their representative shall not attempt to collect the costs of administration or removal of the vehicle from the owner of the property. [Added by Ord. No. 2458; formerly numbered Section 29-156; renumbered by Ord. No. 3058, eff. 2/21/87.]

6-1-2213: NOTIFICATION OF DECISION:

If the owner of the land submits a sworn written statement denying responsibility for the presence of the vehicle on their land but does not appear, of if an interested party makes a written presentation to the Chief of Police or their representative but does not appear, they shall be notified in writing of the decision. [Added by Ord. No. 2458; formerly numbered Section 29-157; renumbered by Ord. No. 3058, eff. 2/21/87.]

6-1-2214: DISPOSAL OF ABANDONED VEHICLE:

Five (5) days after the order declaring the vehicle or parts thereof to be a public nuisance, five (5) days from the date of mailing of notice of the decision if such notice is required by Section 6-1-2213 of this article, or fifteen (15) days after action of the Council authorizing removal following appeal, the vehicle or parts may be disposed of by removal to a scrap yard, automobile dismantler’s yard, or other suitable site. After a vehicle has been removed it shall not be reconstructed or made operable. [Added by Ord. No. 2458; formerly numbered Section 29-159; renumbered by Ord. No. 3058, eff. 2/21/87.]

6-1-2215: NOTICE TO DEPARTMENT OF MOTOR VEHICLES OF REMOVAL:

Within five (5) days after the removal of the vehicle or parts thereof, notice shall be given to the State Department of Motor Vehicles identifying the vehicles or parts and indicating any evidence of registration, including registration certificates, certificates of title and license plates, if available. [Added by Ord. No. 2458; formerly numbered Section 29-160; renumbered by Ord. No. 3058, eff. 2/21/87.]

6-1-2216: ASSESSMENT OF PROPERTY OWNER IF PAYMENT NOT MADE:

If the administrative costs and the cost of removal which are charged against the owner of a parcel of land pursuant to Section 6-1-2211 of this article are not paid within thirty (30) days of the order, or the final disposition of an appeal therefrom, such costs shall be assessed against the parcel therefrom, such costs shall be assessed against the parcel of land pursuant to Section 38773.5 of the Government Code of the State and shall be transmitted to the Community Development Department for collection. Such assessment shall have the same priority as other City taxes. [Added by Ord. No. 2458; formerly numbered Section 29-161; renumbered by Ord. No. 3058, eff. 2/21/87; Amended by Ord. No. 3828, eff. 8/24/12.]