Chula Vista Municipal Code Ch. 10.80 Abandoned Vehicles

Sections:

• 10.80.010 Purpose and intent of provisions – Vehicle declared nuisance when. 10.80.020 Repealed. 10.80.030 Exemptions from applicability – Scope. 10.80.040 Repealed. 10.80.050 Enforcement authority – Right of entry. 10.80.060 Abatement – Costs – Procedure generally – Notices required. 10.80.070 Abatement – Public hearing required when – Notice – Manager or his or her designee authority.

• 10.80.080 Repealed. 10.80.090 Disposal of vehicle – Time requirements. 10.80.100 Notification and transfer of evidence required when. 10.80.110 Costs – Assessment and collection procedures. 10.80.120 Removal of vehicles from streets authorized when.

***** For statutory provisions regarding local ordinances dealing with removal of abandoned vehicles from highways, see Veh. Code § 22660; for provisions regarding removal of vehicles in general, see Veh. Code § 22650, et seq.

CROSS REFERENCE: Stopping, Standing and Parking, see Chs. 10.52, 10.56 CVMC. Tow Trucks, see Ch. 5.58 CVMC.

The purpose and intent of the Council in adopting CVMC 10.80.010 through 10.80.120 is to establish procedures pursuant to Sections 22660 to 22664 of the California Vehicle Code for the abatement, removal and disposal, as public nuisances, of abandoned, wrecked, dismantled or inoperative vehicles or vehicle parts from private or public property, not including highways, and the recovery of the cost of administration and removal thereof pursuant to the provisions of Section 38773.5 of the Government Code of the state of California. (Ord. 2718 § 1, 1998; Ord. 2670 § 1, 1996; Ord. 2668 § 1, 1996; Ord. 1338 § 1; prior code § 19.2301).

The provisions of CVMC 10.80.010 through 10.80.120 shall not apply to:

A. A vehicle, or parts thereof, which is completely enclosed within a building in a lawful manner, or otherwise stored in a lawful manner behind a solid fence, gate or wall not less than six feet in height, and where it is not readily visible from the street or other public or private property; or

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, licensed vehicle dealer, or a junkyard, when such storage or parking is necessary to the operation of a lawfully conducted business or commercial enterprise. This exception shall not, however, authorize the maintenance of a public or private nuisance as defined under the provisions of law and elsewhere in the code. (Ord. 2718 § 1, 1998; Ord. 2670 § 1, 1996; Ord. 2668 § 1, 1996; Ord. 1338 § 1; prior code § 19.2303).

Provisions of this chapter shall be administered by regularly salaried full-time employees of the City, except that the removal of vehicles from property may be by any other duly authorized person. Any such authorized person may enter upon private property for the purposes specified in this section to examine a vehicle, and remove or cause to be removed the vehicle declared to be a nuisance pursuant to this chapter. (Ord. 2718 § 1, 1998; Ord. 2670 § 1, 1996; Ord. 2668 § 1, 1996; Ord. 1338 § 1; prior code § 19.2305).

Any vehicle located on property other than a highway may be removed as a public nuisance and disposed of in accordance with the following procedures:

A. Not less than 10 days prior to any removal or disposal of a vehicle, a notice of intention to abate and remove the vehicle as a public nuisance shall be issued, unless the property owner and the owner of the vehicle have signed releases authorizing removal and waving further interest in the vehicle. The notice shall contain a statement of the hearing rights of the owner of the vehicle and of the owner of the property on which the vehicle is located. The statement shall include notice to the property owner that he 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 reason for such denial, in lieu of appearing. The notice of intention to abate 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.

B. The cost of removal and disposal of any vehicle and the administrative cost thereof may be charged against the person who is determined to be responsible for the maintenance of the vehicle as a public nuisance.

C. The vehicle may be disposed of by removal to a scrapyard, automobile dismantler’s yard or any suitable site for processing as scrap. (Ord. 2718 § 1, 1998; Ord. 2670 § 1, 1996; Ord. 2668 § 1, 1996; Ord. 1338 § 1; prior code § 19.2306).

A. Upon request by the owner of the vehicle or the owner of the land on which the vehicle is located, a public hearing shall be held before the City Manager or designee. This request shall be made to the manager or his designee within 10 days after the mailing of the notice of intention to abate and remove the vehicle.

B. The owner of the land on which the vehicle is located may appear in person at the hearing. Instead of making an appearance, he may present a sworn written statement, in time for consideration at the hearing, denying responsibility for the presence of the vehicle on the land, with his reasons for his denial. This statement shall be construed as a request for a hearing which does not require the presence of the owner submitting the request. If it is determined at the hearing that the vehicle was placed on the land without the consent of the landowner and that he has not subsequently acquiesced in its presence, then the costs of administration or removal of the vehicle shall not be assessed against the property upon which the vehicle is located or collected from the landowner. (Ord. 2718 § 1, 1998; Ord. 2670 § 1, 1996; Ord. 2668 § 1, 1996; Ord. 1338 § 1; prior code § 19.2307(A)).

Repealed by Ord. 2718 § 1, 1998.

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 CVMC 10.80.010 through 10.80.120, or 15 days after such action of the manager or designee authorizing removal following appeal, the vehicle or parts thereof may be disposed of by removal to a scrapyard or automobile dismantler’s yard. After a vehicle has been removed, it shall not thereafter be reconstructed or made operable. (Ord. 2718 § 1, 1998; Ord. 2670 § 1, 1996; Ord. 2668 § 1, 1996; Ord. 1338 § 1; prior code § 19.2307(B)(2)).

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. Any licensed dismantler or commercial enterprise acquiring vehicles removed pursuant to this section shall be excused from the reporting requirements of Section 11520 of the California Vehicle Code; and any fees and penalties which would otherwise be due to the Department of Motor Vehicles are hereby waived; provided, that a copy of the resolution or order authorizing disposition of the vehicle is retained in the dismantler’s or commercial enterprise’s business records. (Ord. 2718 § 1, 1998; Ord. 2670 § 1, 1996; Ord. 2668, 1996; Ord. 1338 § 1; prior code § 19.2307 (B)(3)).

If the administrative costs and the cost of removal which are charged against the owner of a parcel of land pursuant to Section 38771, et seq., of the Government Code and Chapter 1.30 CVMC are not paid within 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. Said assessment shall have the same priority as other City taxes. (Ord. 2670 § 1, 1996; Ord. 2668, 1996; Ord. 1676 § 1, 1976; Ord. 1338 § 1; prior code § 19.2307(B)(4)).

Any regularly employed and salaried officer of the Police Department may remove or cause to be removed:

• A. Any vehicle which is parked or left standing upon a street or highway for 72 or more consecutive hours;

B. Any vehicle which is parked on a highway in violation of any provision of this title, the Vehicle Code or other law or ordinance forbidding standing or parking, when the use of such highway or a portion thereof is necessary for the cleaning, repair or construction of the highway or for the installation of underground utilities, and signs giving notice that such vehicle may be removed are erected and placed at least 24 hours prior to the removal;

C. Any vehicle parked upon a highway which has been authorized by the Council or other competent authority for a purpose other than the normal flow of traffic, or for the movement of equipment, articles or structures of unusual size, and the parking of said vehicle would prohibit or interfere with such use or movement, providing that signs giving notice that such vehicle may be removed are erected or placed at least 24 hours prior to the removal of such vehicle;

D. Any vehicle parked or left standing, when the City Council by resolution or ordinance has prohibited such parking and has authorized the removal by ordinance. No vehicle may be removed unless signs are posted giving notice of the removal. (Ord. 2718 § 1, 1998; Ord. 2670 § 1, 1996; Ord. 2668, 1996; Ord. 973 § 1, 1966; prior code § 19.3.5).