Chino Municipal Code Ch. 10.60 Abatement of Abandoned/Inoperative Vehicles

For the purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section:

A. "Highway" means a way or place of whatever nature, publicly maintained and open to the public for purposes of vehicular travel. Highway includes street.

B. "Public property" does not include highway.

C. "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. 91-23 § 1 (part), 1991.)

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 finding and declaration.

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; promote blight and deterioration; invite plundering; create fire hazards; constitute an attractive nuisance creating a hazard to the health and safety of minors; create a harborage for rodents and insects; and be injurious to the health, safety and general welfare. Therefore, the presence of an abandoned, wrecked, dismantled or inoperative vehicle or part thereof, on private or public property, not including highways 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. 91-23 § 1 (part), 1991.)

A. This chapter shall not apply to:

1. A vehicle or part 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; or

2. A vehicle or part thereof stored in a rear yard or side yard screened from public view by a solid wall or fence not less than five feet high overall; or

3. A vehicle or part 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, 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 the provisions of law other than Chapter 10 (commencing with Section 265) of Division 11 of the Vehicle Code and this chapter.

(Ord. 91-23 § 1 (part), 1991.)

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

(Ord. 91-23 § 1 (part), 1991.)

A ten day notice of intention to abate and remove a 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 has determined that there exists upon your land an (or parts of an) abandoned, wrecked, dismantled or inoperative vehicle registered to _______, license number _______, which constitutes a public nuisance according to Municipal Code Chapter 10.60.

You are hereby notified to abate this nuisance by removal of the vehicle (or parts of a vehicle) within ten days from the date of mailing of this Notice. If you fail to do so, the vehicle will be abated and removed by the City of Chino and the costs for removal, together with administrative costs, will be assessed to you as owner of the land on which the vehicle (or parts of a vehicle) is located.

As owner of the land on which the vehicle (or parts of a vehicle) is located, you are hereby notified that you may, within ten days after the mailing of this Notice of Intention, request a public hearing. If such a request is not received by the Community Development Department of the City of Chino within that ten day period, the Chief of Police or the Director of Community Development shall have the authority to abate and remove the vehicle (or parts of a vehicle) as a public nuisance and assess the costs as noted above without a public hearing. You may submit a sworn written statement within that ten day period denying responsibility for the presence of the vehicle (or parts of a vehicle) on your land, with your reasons for denial. Such statement shall be construed as a request for hearing at which your presence is welcome but 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 in time for consideration at such hearing."

Notice mailed: (Date)

s/

(Director of Community Development )

"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 has determined that the vehicle (or parts of a vehicle) exists as an abandoned, wrecked, or dismantled or inoperative vehicle at (describe location on public or private property) and constitutes a public nuisance according to Chapter 10.60 of the Chino Municipal Code.

You are hereby notified to abate this nuisance by the removal of the vehicle (or parts of a vehicle) within ten days from the date of mailing of this notice. As registered (and/or legal) owner of record of the vehicle (or parts of a vehicle), you are hereby notified that you may, within ten days after the mailing of this Notice of Intention, request a public hearing. If such a request is not received by the Community Development Department of the City of Chino with such a ten day period, the Chief of Police, or Director of Community Development shall have the authority to abate and remove said vehicle (or parts of a vehicle) without a hearing."

Notice mailed: (Date)

s/

(Director of Community Development )

(Ord. 91-23 § 1 (part), 1991.)

A. Upon request by the owner of the vehicle or owner of the land received by the director of community development and/or the chief of police within ten days after mailing of the notice of intention to abate and remove, a public hearing shall be held by the special permit committee 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.

B. 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 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 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 such ten 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 a public hearing.

(Ord. 91-23 § 1 (part), 1991.)

A. All hearings under this chapter shall be held before the special permit committee which shall hear all facts and testimony it deems pertinent. Such facts and testimony may include testimony on the condition of the vehicle or parts thereof and the circumstances concerning its location on such private property or public property. The special permit committee shall not be limited by the technical rules of evidence. The owner of the land on which the vehicle is located may appear in person at the hearing, or present a 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 special permit committee 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 part thereof, if in its opinion, the circumstances justify it. At the conclusion of the public hearing, the special permit committee may find that a vehicle (or parts thereof) has been abandoned, wrecked, dismantled or is inoperative on private or public property, and order the same removed from the property as a public nuisance and disposed of as provided in this chapter and determine whether the established removal fee shall be charged against the owner of the parcel of land on which the vehicle (or parts thereof) is located. The order requiring removal shall include a description of the vehicle (or parts thereof) and the correct identification numbers 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 land owner and that he has not subsequently acquiesced in its presence, the special permit committee shall not assess the removal fee against the property upon which the vehicle is located or otherwise attempt to collect such costs from such land owner.

D. If an interested party makes a written presentation to the special permit committee but does not appear, he shall be notified in writing of the decision.

E. Notice of hearing shall also be given to the California Highway Patrol identifying the vehicle or parts thereof proposed for removal, such notice to be mailed at least ten days prior to the public hearing.

F. The provisions of Chapter 5.04 of this code regarding procedures and operation of the special permit committee, including appeals to the city council, shall apply.

(Ord. 91-23 § 1 (part), 1991.)

Five days after adoption of the order declaring the vehicle (or parts thereof) to be a public nuisance, five days from the date of mailing of notice of the decision, if such notice is required by Section 10.60.060, or fifteen days after such action of the governing body authorizing removal following appeal, the vehicle (or parts thereof) may be disposed of by removal to a scrap yard or automobile dismantler's yard. After a vehicle has been removed, it shall not thereafter be reconstructed or made operable.

(Ord. 91-23 § 1 (part), 1991.)

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. 91-23 § 1 (part), 1991.)

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. 91-23 § 1 (part), 1991.)

The removal fee levied under authority of this chapter shall be in the amount set forth in the city's cost control study.

(Ord. 91-23 § 1 (part), 1991.)

If the removal fee charged against the owner of a parcel of land pursuant to Section 10.60.110 is 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. Such assessment shall have the same priority as other city taxes.

(Ord. 91-23 § 1 (part), 1991.)

Except as otherwise provided in this chapter, the provisions of this chapter shall be administered and enforced by the director of community development and/or the chief of police. In the enforcement of this chapter, such officials, or their 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. 91-23 § 1 (part), 1991.)