Compton Municipal Code § 24-7 Accumulation of Automobiles for Sale

[Ord. #1973, § 1]

a. Intent and Definitions. The City Council makes the following findings and declarations: The accumulation of automobiles for sale, on public or private property, is hereby found to create a condition tending to reduce property values, to promote blight and deterioration, to promote loitering, to promote illegal vending, to constitute an attractive nuisance creating a hazard to health and safety of citizens, to be aesthetically detrimental to the community and to be injurious to the health, safety and general welfare of the community. Therefore, the accumulation of automobiles for sale, on private or public property, is hereby declared to constitute a public nuisance which may be abated in accordance with the provisions of this section.

[Ord. #1973, § 1]

ACCUMULATION

Shall mean more than two automobiles.

AUTOMOBILE

Shall mean a vehicle for the transportation of persons or property on the highway, carrying its own motive power and not operated upon fixed tracks.

PRIVATE PROPERTY

Shall mean property belonging to an individual and of which he has the exclusive right of disposition; property of a specific, fixed and tangible nature, capable of being had in possession and transmitted to another such as houses, lands, and other real estate structures.

PUBLIC PROPERTY

Shall mean owned by the public, the entire state, community or municipality and not restricted to the dominion of a private person.

[Ord. #1973, § 1]

Except as otherwise provided in this section, the provisions of this section shall be administered and enforced by the City Manager, the Chief of Police, the Fire Chief or their designees. In the enforcement of this section, the City Manager, the Chief of Police, the Fire Chief or their designees may enter upon public or private property to examine an automobile, or to obtain license or vehicle identification information, and to issue citations or cause the removal of a vehicle, only after such automobile has been declared to be a nuisance pursuant to this section.

[Ord. #1973, § 1]

In the event that more than two automobiles are left standing on any public or private property for the purpose of sale or rent, the owner of the automobile or the property shall be responsible and liable.

[Ord. #1973, § 1]

Upon discovering the existence of more than two automobiles for sale or rent, on public or private property within the City, the City Manager, the Chief of Police, the Fire Chief or their designees, shall have the authority to cause the abatement thereof in accordance with the procedure set forth in subsections 24-2.3 through 24-2.11 and Section 24-3.

[Ord. #1973, § 1]

Upon discovering the existence of an automobile for sale or rent, on public or private property within the City, the City Manager, the Chief of Police, the Fire Chief or their designee, shall have the authority to issue a parking citation upon said vehicle. If said vehicle is determined to have been previously cited, the City Manager, the Chief of Police, the Fire Chief or their designees may cause the abatement of said vehicle by lawful tow and according to the procedure set forth in subsections 24-2.3 through 24-2.11 and Section 24-4.

[Ord. #1973, § 1; Ord. #1989, § 1]

a. Upon the abatement and removal of any vehicle located on public or private property within the City, the City Manager, the Chief of Police, the Fire Chief or their designees, shall notify the owner thereof, (if the same can be ascertained) by mailing a notice of abatement to the last known address of the owner. Such notice shall state the date the automobile was removed from public or private property, the location and procedure for retrieval of the automobile and a statement that, in order to receive a hearing with regard to the removal of said automobile, the owner or its agent shall submit a request for such hearing either in person or in writing, within 10 days of the date appearing on the notice. The automobile shall be released to the owner thereof, if claimed within 30 days after such a removal and upon payment of reasonable administrative, towing, storage and impound fees. Such administrative fees shall be waived if, after a hearing has been requested and a determination is made at such hearing, that upon a finding of good cause, the administrative fees should be waived.

b. Administrative fees for removal and storage, plus the proportional share of administration costs in connection therewith, shall be assessed on a case-by-case basis. The citation bail amount shall be set forth in subsection 24-7.7c of this Code.

c. Any hearing which is requested shall be conducted within five working days of the receipt of the request for such a hearing, excluding weekends and holidays, by the City Manager, the Chief of Police, the Fire Chief or their designees, who shall be designated as the hearing officer. If the owner or its agent does not request a hearing within 10 days of the date appearing on the notice of abatement, he shall have waived the right to such a hearing.

d. Any vehicle which is not retrieved by the owner within the 30 days after the mailing of written notice of abatement, when such owner has not requested a hearing in accordance with this section, shall be deemed to be permanently abandoned and may be sold at public auction or otherwise disposed of at the end of the 30 days following such notice.

[Ord. #1973, § 1; Ord. #1989, § 2]

a. No person or persons shall display, for the purpose of sale or rent, or shall rent, advertise or offer for sale or rent, or sell or rent any vehicle which is subject to registration under the California Vehicle Code, from or upon any public or private property, which is not the place of business of a duly licensed vehicle dealer.

b. The provisions of paragraph a hereof shall not apply to the registered owner of a vehicle when displaying, advertising, offering, selling or renting such vehicle upon property of which he is the owner, lessee or lawful occupant, not to exceed any more than two automobiles per year, nor when displaying, advertising or offering such automobile for sale or rent while in the act of driving such vehicle.

c. Penalty. Violation of this section is an infraction punishable by a sum of $250, for each vehicle, plus administrative fees and costs assessed pursuant to subsection 24-7.6b of this Code.