Chino Hills Municipal Code Ch. 10.28 Abandoned Vehicles

A. In addition to and in accordance with the authority granted to the city by the state under Section 22660 of the Vehicle Code to remove abandoned, wrecked, dismantled, or inoperative vehicles or parts of such vehicles as public nuisances, the City Council makes the following findings and declarations.

B. The accumulation and storage of abandoned, wrecked, dismantled, or inoperative vehicles or parts of such vehicles on private or public property 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 a 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. Therefore, the presence of an abandoned, wrecked, dismantled, or inoperative vehicles or parts of such vehicles, on private or public property 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. 58 § 2 (part), 1994)

A. This chapter shall not apply to:

1. A vehicle or part of a vehicle 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; or

2. A vehicle or part of a vehicle which is stored or parked in a lawful manner on private property in connection with the business of a licensed dismantler, licensed vehicle dealer, 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. 58 § 2 (part), 1994)

Except as otherwise provided in this chapter, the provisions of this chapter shall be administered and enforced by the Director. The Director/designee may enter upon private or public property to examine a vehicle or parts of a vehicle, or obtain information as to the identity of the vehicle and its owner and to remove or cause the removal of a vehicle or part of a vehicle declared to be a public nuisance pursuant to this chapter.

(Ord. 58 § 2 (part), 1994)

A. A ten (10) day notice of intention to abate and remove a vehicle or part of a vehicle as a public nuisance shall be issued, unless the property owner and the owner of the vehicle have signed releases authorizing removal and waiving further interest in the vehicle or parts of such vehicle.

B. For inoperable vehicles or parts of vehicles located on property which are:

1. Zoned for agricultural use; or

2. Not improved with a residential structure containing one or more dwelling units; the notice of intention shall not be required for removal of a vehicle or parts of a vehicle which is/are inoperable due to the absence of a motor, transmission, or wheels and incapable of being towed, is valued at lees than two hundred dollars ($200.00) by any person designated pursuant to the Vehicle Code to make such appraisals, and is determined by the Director 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 of such vehicle. Prior to final disposition of such a low-valued vehicle or parts of such vehicle for which evidence of a registration was recovered pursuant to Section 10.28.030 above, the Director shall provide notice to the registered and legal owners of intent to dispose of the vehicle or parts, and if the vehicle or parts is/are not claimed and removed within twelve (12) days after notice is mailed, from a location specified in Vehicle Code Section 22662, final disposition may proceed.

C. The notice of intention to abate 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 the owner 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, and the owner's reasons for such denial, in lieu of appearing. The notice 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 owner of record of the vehicle unless the vehicle is in such condition that identification numbers are not available to determine ownership. The service is complete at the time of such deposit.

1. The notice shall be substantially in the following form:

Notice of Intent To Abate and Remove

Date:

Notice Is Hereby Given that you are required at your expense to remove the vehicle identified as ___________ and located on property commonly known as ___________, Chino Hills, California, within ten (10) days after the date appearing on the notice. Said vehicle is in such a condition to constitute a public nuisance. If you fail to comply with this order, City employees or private City contractors will enter upon your property and abate the public nuisance by removal of the vehicle or parts thereof. The cost of the abatement incurred by the City or its private contractor will be assessed against your property and such costs will constitute a lien upon the land until paid.

All persons having an interest in the property on which the vehicle or parts thereof is located and/or of the vehicle or parts thereof are hereby notified that such interested parties may request a hearing within ten (10) days of the date of this notice to be held at City Hall, 14000 City Center Drive, Chino Hills, CA 91709, before a hearing officer to determine whether the vehicle or parts thereof is in such a condition to constitute a public nuisance. You may appear in person at the hearing or you may submit a sworn written statement denying responsibility for the presence of the vehicle or parts thereof on the land, and the reasons for such denial, in lieu of appearing. If such a request is not received within such period, the City shall remove the vehicle or Parts thereof. Call (909) 364-2600 for questions regarding this notice.

(Ord. 58 § 2 (part), 1994)

(Ord. No. 384, § 2, 6-28-2022)

A. A hearing shall be held before the hearing officer upon request for such hearing by the owner of the vehicle or the owner of the land upon which the vehicle is located. This request shall be made in writing to the Director within ten (10) days after the mailing of notice intention to abate and remove the vehicle, or at the time of signing a release pursuant to subsections A or B of Section 10.28.040.

B. If the owner of the land on which the vehicle is located submits a sworn statement denying responsibility for the presence of the vehicle on his or her land within such time period, this statement shall be construed as a request for hearing which does not require the presence of the owner submitting such request. If such a request is not received within such period, the city shall have the authority to remove the vehicle.

C. If the owner of the land on which the vehicle or the owner of the vehicle or parts of the vehicle fail to request a hearing within the time provided, the vehicle shall be deemed abandoned and a public nuisance. No hearing shall be required in this instance and the notice of intent to abate and remove sent in accordance with Section 10.28.040 shall be final.

(Ord. 58 § 2 (part), 1994)

A. All hearings under this chapter shall be held before the hearing officer, which hearing officer shall hear all facts and testimony deemed pertinent. The facts and testimony may include testimony on the condition of the vehicle or parts of the vehicle and the circumstances concerning its location on the private or public property. The technical rules of evidence shall not apply. 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 the owner's reasons for such denial.

B. At the conclusion of the hearing the hearing officer may find that a vehicle or parts of the vehicle has been abandoned, wrecked, dismantled or is inoperative on private or public property and order the vehicle or part of a vehicle removed from the property as a public nuisance and disposed of as provided in this chapter.

C. If it is determined by the hearing officer that the vehicle was placed on the land without the consent of the landowner and that the owner has not subsequently acquiesced to its presence, the hearing officer shall not assess 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 landowner.

D. If an interested party makes a written presentation to the hearing officer, but does not appear, such party shall be notified in writing of the decision within five days of such decision by the hearing officer by certified or registered mail. In the event such certified or registered mail is returned unclaimed, the notice shall be mailed by regular first-class mail postage prepaid.

(Ord. 58 § 2 (part), 1994)

Any interested party may appeal the decision of the hearing officer by filing a written notice of appeal with the City Clerk within ten (10) days after the decision and by paying the appeal fee set by resolution of the City Council. Such appeal shall be heard by the City Council which may affirm, amend, or reverse the order or take any other action deemed appropriate. The City Clerk shall give written notice of the time and place of the hearing to the appellant and those persons specified in Section 10.28.060. In conducting the hearing, the City Council shall not be limited by the technical rules of evidence. The decision of the City Council shall be final.

(Ord. 58 § 2 (part), 1994)

A. An order for abatement and removal of a vehicle, made pursuant to this chapter, shall include a description of the vehicle or parts of a vehicle and the correct identification number and license number of the vehicle, if available.

B. The hearing officer, or the City Council on appeal, may impose such conditions and take such actions as are deemed appropriate and justified under the circumstances to carry out removal of the vehicle or parts of a vehicle.

C. Five days after adoption of the order, five days from the date of mailing of notice of the decision if such notice is required, or fifteen (15) days after such action of the City Council authorizing removal following appeal, the vehicle or parts of a vehicle may be disposed of by removal to a scrapyard or automobile dismantler's yard.

D. After a vehicle has been removed, it shall not thereafter be reconstructed or made operable, unless it is a vehicle which qualifies for either horseless carriage license plates or historical vehicle license plates, pursuant to Section 5004 of the Vehicle Code, in which case the vehicle may be reconstructed or made operable.

(Ord. 58 § 2 (part), 1994)

The hearing officer, or the City Council on appeal, shall determine the administrative costs and cost of removal to be charged. If the administrative costs and the cost of removal are charged against the owner or a parcel of land pursuant to this chapter and are not paid within thirty (30) 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. The assessment shall have the same priority as other taxes.

(Ord. 58 § 2 (part), 1994)

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 of a vehicle declared to be a nuisance pursuant to this chapter.

(Ord. 58 § 2 (part), 1994)

Within five days after the date of removal of the vehicle or parts of a vehicle, notice shall be given to the Department of Motor Vehicles identifying the vehicle or part of a vehicle 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. 58 § 2 (part), 1994)

No person shall fail or refuse to remove an abandoned, wrecked, dismantled, or inoperative vehicle or parts of a vehicle 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. 58 § 2 (part), 1994)

Neither the city nor any contractor of the city shall be liable for damage caused to a vehicle or part of a vehicle by removal pursuant to this chapter.

(Ord. 58 § 2 (part), 1994)

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 previously or hereafter enacted by the city, the state, or any other legal entity or agency having appropriate jurisdiction.

(Ord. 58 § 2 (part), 1994)