Colton Municipal Code Ch. 8.08 Abandoned Vehicles

In addition to and in accordance with the determination made and the authority granted by the State of California under Section 22660 of the Vehicle Code to remove Abandoned, wrecked, dismantled or inoperative Vehicles or Parts thereof as Public Nuisances. The City Council finds and determines that the accumulation and storage of Abandoned, wrecked, dismantled or inoperative Vehicles or Parts thereof on private or Public Property not including Highways creates 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 Abandoned, wrecked, dismantled or inoperative Vehicles or Parts thereof, on private or Public Property not including Highways, except as expressly hereinafter Permitted, constitutes a Public Nuisance which May be abated as such in accordance with the provisions of this chapter.

(Ord. 0-07-00 § 3 (part), 2000)

As Used in this chapter:

"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.

"Inoperable" means mechanically incapable of being driven or prohibited from being operated on a Public Street or Highway pursuant to California Vehicle Code Sections 4000, 5202, 24002 or 40001, relating to license plates, registration, equipment, safety and related Matters.

"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.

"Owner of the Vehicle" means the last registered Owner and legal Owner of Record.

"Public Property" does not include "Highway."

"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. 0-07-00 § 3 (part), 2000)

This chapter 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; or

B. A Vehicle, or Parts thereof, 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; or

C. An Inoperable Vehicle parked for a maximum of three hours while awaiting towing or other assistance necessary to effect removal.

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. 0-07-00 § 3 (part), 2000)

This chapter is not the exclusive regulation of Abandoned, wrecked, dismantled or inoperative Vehicles within the City. It supplements and is 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. 0-07-00 § 3 (part), 2000)

Except as otherwise provided herein, the provisions of this chapter Shall be administered and enforced by the City Manager or Designee. In the enforcement of this chapter any authorized Representative of the City May enter upon private or Public Property to examine a Vehicle or Parts thereof, or obtain information as to the identity of the Vehicle declared to be a Nuisance pursuant to this chapter in accordance with State and Federal Law.

(Ord. 0-07-00 § 3 (part), 2000)

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 in accordance with State and Federal Law.

(Ord. 0-07-00 § 3 (part), 2000)

Editor's note— Ord. No. O-16-19, § 20, adopted Dec. 3, 2019, repealed former § 8.08.070 in its entirety which pertained to an administrative costs determination and derived from Ord. No. 0-07-00 § 3 (part), adopted in 2000.

Upon discovering the existence of Abandoned, wrecked, dismantled or inoperative Vehicle, or Parts thereof, on Private Property or Public Property within the City, the City Manager or Designee Shall have the authority to cause the abatement and removal thereof in accordance with the procedure prescribed herein.

(Ord. 0-07-00 § 3 (part), 2000)

A twenty-day notice of intention to abate and remove the vehicle, or parts thereof, as a public nuisance shall be personally served or 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 (section of ordinance or municipal code), 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 or municipal code chapter number).

You are hereby notified to abate said Nuisance by the removal of said vehicle (or said parts of vehicle) within 20 days from the date of mailing of this Notice and Order, and upon your failure to do so the same will be abated and removed by the City of Colton and the costs thereof, together with administrative costs, assessed to you as owner of the land on which said vehicle (or said parts of vehicle) is located.

As owner of the land on which said vehicle (or said parts of vehicle) is located, you are hereby notified that you may, within 20 Days after the mailing of this Notice and Order request an appeal hearing and if such a request is not received by the (Hearing Authority) within such 20-day period, the City Manager or designee shall have the authority to abate and remove said vehicle (or said parts of vehicle) as public nuisance and assess the costs as aforesaid without a hearing. You may submit a sworn written statement within such 20-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. 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 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 (section of ordinance or municipal code), 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 or municipal code chapter number).

You are hereby notified to abate said nuisance by the removal of said vehicle (or said Parts of a vehicle) within 20 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 you may, within 20 days after the mailing of this Notice and Order, request an appeal hearing and if such a request is not received by the (Hearing Authority) within such 20-day period, the City Manager or designee shall have the authority to abate and remove said vehicle (or said parts of a vehicle) without a hearing.

(Ord. 0-07-00 § 3 (part), 2000; Ord. No. O-16-19, § 21, 12-3-2019)

If a timely request for an appeal hearing is filed, an administrative hearing shall be held by the Hearing Authority on the question of whether the vehicle or parts thereof constitute a public nuisance and, if so, the abatement and removal of the vehicle or parts thereof. The hearing shall be conducted and the Hearing Authority's decision rendered as set forth in Chapter 8.04 of this Code.

(Ord. 0-07-00 § 3 (part), 2000)

(Ord. No. O-16-19, § 22, 12-3-2019)

Editor's note— Ord. No. O-16-19, § 23, adopted Dec. 3, 2019, repealed former § 8.08.110 in its entirety which pertained to when nuisance abatement can be carried out without a hearing and derived from Ord. No. 0-07-00, § 3, adopted in 2000.

Editor's note— Ord. No. O-16-19, § 23, repealed former § 8.08.120 in its entirety which pertained to conduct of hearings and derived from Ord. No. 0-07-00 § 3 (part), adopted in 2000.

Editor's note— Ord. No. O-16-19, § 23, adopted Dec. 3, 2019, repealed § 8.08.130 in its entirety which pertained to hearing determinations and actions and derived from Ord. 0-07-00 § 3 (part), 2000).

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 Hearing Authority 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.

(Ord. 0-07-00 § 3 (part), 2000)

Editor's note— Ord. No. O-16-19, § 23, adopted Dec. 3, 2019, repealed former § 8.08.150 in its entirety which pertained to notification of hearing decisions and derived from Ord. 0-07-00 § 3 (part), adopted in 2000.

Editor's note— Ord. No. O-16-19, § 23, adopted Dec. 3, 2019, repealed former § 8.08.160 in its entirety which pertained to appeal procedures and derived from Ord. 0-07-00 § 3 (part), adopted in 2000.

Five days after a Notice and Order to Abate the vehicle or parts thereof as a public nuisance becomes final due to lack of a timely appeal request or five days from the date of mailing of the notice of the Hearing Authority's decision, if an appeal hearing was timely requested, the vehicle or parts thereof may be disposed of by removal to a scrapyard or automobile dismantler's yard or may be subject to lien-sale in accordance with requirements of State law.

(Ord. 0-07-00 § 3 (part), 2000)

(Ord. No. O-16-19, § 24, 12-3-2019)

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. 0-07-00 § 3 (part), 2000)

After the City has removed and disposed of the vehicle(s) or parts thereof and otherwise completed its abatement action, the City may confirm the costs of abatement as set forth in Chapter 8.04 of this Code. Except as set forth in Section 8.08.140, once abatement costs have been confirmed, if they remain unpaid for thirty days after the date of the order confirming costs, or the final disposition of a cost confirming hearing therefrom, such costs may either be specially assessed against the parcel of land pursuant to Section 38773.5 of the Government Code and transmitted to the tax collector for collection, or they may be recorded as a nuisance abatement lien pursuant to Section 38773.1 of the Government Code. The special assessment shall have the same priority as other City taxes.

(Ord. 0-07-00 § 3 (part), 2000)

(Ord. No. O-16-19, § 25, 12-3-2019)