Compton Municipal Code § 8-5 Abandoned Vehicle Abatement

[1]

Editor's Note: Prior ordinance history includes portions of Ordinance No. 1432 and 1924.

[Ord. #2191, § 1]

In addition to and in accordance with the determination made and the authority granted by the State under Section 22660 of the California Vehicle Code to remove abandoned, wrecked, dismantled or inoperative vehicles, or parts thereof, as public nuisances, the City Council hereby makes the following findings and declarations:

The accumulation and storage of abandoned, wrecked, dismantled or inoperative vehicles, or parts thereof, on private or public property, including highways, is hereby 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 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 an abandoned, wrecked, dismantled or inoperative vehicle, or parts thereof, on private or public property, including highways, except as expressly hereinafter permitted, is hereby declared to constitute a public nuisance which may be abated as such in accordance with the provisions of this chapter.

[Ord. #2191, § 1]

a. CITY MANAGER – Shall mean the City Manager of the City of Compton or his/her authorized designee.

b. HEARING OFFICER – Shall mean the person designated by the City Manager to hear and act on requests for hearing on public nuisances as herein defined.

c. HIGHWAY – Shall mean a way or place of whatever nature, publicly maintained and open to use of the public for purposes of vehicular travel. Highway includes street.

e. OWNER OF THE LAND – Shall mean the owner of the land on which the vehicle, or parts thereof, is located, as shown on the last equalized assessment roll.

f. OWNER OF THE VEHICLE – Shall mean the last registered owner and legal owner of record.

g. PUBLIC PROPERTY – Does not include "highway."

h. VEHICLE – Shall mean 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. #2191, § 1]

a. It shall be unlawful and a misdemeanor for any person to abandon, park, store, leave or permit the abandonment, parking, storing or leaving of any licensed or unlicensed vehicle, or parts thereof, which is in an abandoned, wrecked, dismantled or inoperative condition upon any private or public property, including highways, within the City for a period of 72 hours or more, unless such vehicle, or parts thereof, is completely enclosed within a building in a lawful manner where it is not plainly visible from the street or other public or private property, or unless such vehicle is otherwise stored or parked in a lawful manner in connection with the business of a licensed dismantler, a licensed vehicle dealer or a junkyard.

b. It shall be unlawful and a misdemeanor for any person to fail or refuse to remove an abandoned, wrecked, dismantled or inoperative vehicle, or parts thereof, or to refuse to abate such nuisance when ordered to do so in accordance with the abatement provisions of this section or State law, where such State law is applicable.

[Ord. #2191, § 1]

a. The provisions of this section shall not apply to:

1. A vehicle, or parts thereof, that is completely enclosed within a building in a lawful manner where it is not visible from the street or public or private property; or

2. A vehicle, or parts thereof, that 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 junk dealer.

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 California Vehicle Code and this section.

[Ord. #2191, § 1]

This section 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 and hereafter enacted by the City, State or any other legal entity or agency having jurisdiction.

[Ord. #2191, § 1]

a. Except as otherwise provided herein, the provisions of this section may be administered and enforced by the City Manager or other official(s) designated by the City Manager, who are regularly salaried, full-time employees of the City, except that the removal of vehicles, or parts thereof, from property may be by any other duly authorized person. In the enforcement of this section, such official(s) and his/her deputies may enter upon private or public property, including a highway, to examine a vehicle, or parts thereof, or obtain information as to the identity of a vehicle, or parts thereof, and to remove or cause the removal of a vehicle, or parts thereof, declared to be a nuisance pursuant to this section.

b. When the City has contracted with or granted a franchise for vehicle towing services, such person or persons shall be authorized under direction of the designated official(s) to enter upon private or public property, including a highway, and remove or cause the removal of a vehicle, or parts thereof, declared to be a nuisance pursuant to this section.

c. The City Council shall from time to time determine and fix an amount to be assessed as administrative costs under this section by resolution. Said amount is intended to compensate the City for proceedings under this section when voluntary compliance is not obtained. The actual cost of removal of any vehicle, or parts thereof, shall not be included in the administrative costs.

[Ord. #2191, § 1]

A notice, of not less than 10 days, of intention to abate and remove the vehicle, or parts thereof, as a public nuisance shall be mailed by registered or certified 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:

a. Notice to Land Owner.

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 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 8-5 of the Compton Municipal Code, has determined that there exists upon said land an abandoned, wrecked, dismantled or inoperative vehicle, or parts thereof, registered to __________________, license number _________________, which constitutes a public nuisance. You are hereby notified to abate such nuisance by the removal of such vehicle, or parts thereof, within 10 days from the date of mailing of this notice of intention. If you fail to do so, the vehicle may be removed by the City of Compton with costs thereof, together with administrative costs, becoming an assessment upon your property. As owner of the land on which the vehicle, or parts thereof, is located, you are hereby notified that you may, within 10 days of the date of mailing this notice of intention, request a public hearing. If such request is not received by the designated official within such ten-day period, the designated official shall have the authority to abate and remove the vehicle, or parts thereof, as a public nuisance without a public hearing. You may appear in person at any hearing requested by you or the owner of the vehicle, or, in lieu of appearing, may present a sworn written statement, provided it is received in time for consideration at the hearing, denying responsibility for the presence of said vehicle, or parts thereof, on said land along with the reasons for your denial.

b. Notice to Vehicle Owner(s).

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 - Notice should be given to both, if different) As the 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 8-5 of the Compton Municipal Code, has determined that said vehicle, or parts thereof, exists as an abandoned, wrecked, dismantled or inoperative vehicle at __________ (describe location on public or private property), and constitutes a public nuisance. You are hereby notified to abate such nuisance by the removal of such vehicle, or parts thereof, within 10 days from the date of mailing of this notice of intention. As registered (and/or legal) owner of record of this vehicle, or parts thereof, you are hereby notified that you may, within 10 days of the date of mailing this notice of intention, request a public hearing. If such request is not received by the designated official within such ten-day period, the designated official shall have the authority to abate and remove the vehicle, or parts thereof, as a public nuisance without a public hearing at your expense for towing, storage and administrative costs.

[Ord. #2191, § 1]

No notice of intention or hearing shall be required for removal of a vehicle, or parts thereof, which is inoperable due to the absence of a motor, transmission or wheels and incapable of being towed, and is valued at less than $200 by the designated official(s), and is determined to be a public nuisance presenting an immediate threat to public health or safety, provided that the following conditions are met:

a. The owner of the land on which the vehicle, or parts thereof, is located has signed a release authorizing the removal of the vehicle, or parts thereof, and waiving further interest in the same;

b. Said inoperative vehicle, or parts thereof, is located on a parcel of land that is zoned for agricultural use or not improved with residential structures containing one or more dwelling units; and

c. Prior to final disposition of such a low value vehicle, or parts thereof, for which evidence of registration has been recovered, the abatement officers shall provide notice to the registered and legal owner(s) of intent to dispose of the vehicle, or parts thereof, and that if the vehicle, or parts thereof, is not claimed and removed within 12 days after the notice is mailed, from the location specified in the notice, final disposition may proceed.

[Ord. #2191, § 1]

a. Upon request by the owner of the vehicle or owner of the land received by the designated enforcement official within 10 days after the date of the mailing of the notices of intention to abate and remove, a public hearing shall be scheduled on the questions of:

1. Abatement and removal of the vehicle, or parts thereof, as an abandoned, wrecked, dismantled or inoperative vehicle; and

2. 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. If the owner of the land submits a sworn written statement denying responsibility for the presence of the vehicle on his/her land within such ten-day period, said statement shall be construed as a request for a hearing which does not require his/her presence.

b. Notice of the time and place of the hearing shall be mailed, by registered or certified mail, at least 10 days before the hearing to the owner of the land and, if the ownership of the vehicle can be determined, to the owner of the vehicle.

c. If a request for hearing is not received within the 10 days after mailing of the notices of intention to abate and remove, the City shall have the authority, without holding a public hearing, to abate and remove the vehicle, or parts thereof, as a public nuisance and assess the costs of removal and administrative costs against the property on which the vehicle, or parts thereof, is located.

[Ord. #2191, § 1]

a. All hearings under this section shall be held before the Hearing Officer, who shall hear all facts and testimony deemed pertinent. Said facts and testimony may include testimony on the condition of the vehicle, or parts thereof, and the circumstances concerning its location on the said private or public property. The Hearing Officer shall not be limited by the technical rules of evidence. The owner of the land on which the vehicle is located and/or the owner of the vehicle may appear in person at the hearing or present a sworn written statement in time for consideration at the hearing denying responsibility for the presence of the vehicle on the land, including the reasons therefor.

b. The Hearing Officer may impose such conditions and take such other action as he/she deems appropriate under the circumstances to carry out the purpose of this section. The Hearing Officer may delay the time for removal of the vehicle, or parts thereof, if, in his/her opinion, the circumstances justify it. At the conclusion of the public hearing, the Hearing Officer may find that a vehicle, or parts thereof, has been abandoned, wrecked, dismantled or inoperative on private or public property, and order the same removed from the property as a public nuisance and disposed of as hereinafter provided and determine whether the administrative costs and the cost of removal should be charged against the owner of the land. The order requiring removal shall include a description of the vehicle, or parts thereof, and the correct identification number and license 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 owner of the land and that the land owner has not subsequently acquiesced to its presence, the administrative costs and the cost of removal of the vehicle shall not be assessed against the property upon which the vehicle is located or otherwise collected from the landowner, but shall be collected from the registered owner of the vehicle, if possible, or shall be borne by the City. The decision of the Hearing Officer shall be final.

d. If the owner of the land or the vehicle does not appear at the hearing, or if an interested party makes a sworn written statement or other written presentation, but does not appear at the hearing, he/she shall be notified in writing of the decision.

[Ord. #2191, § 1]

a. Unless additional time for removal is granted pursuant to the provisions of this section, five days after a adoption of the order declaring the vehicle, or parts thereof, to be a public nuisance, or five days from the date of mailing the notice of the decision, if notice is required by the provisions of this section, the vehicle, or parts thereof, may be disposed of by removal to a scrap yard or automobile dismantler's yard.

b. Where a vehicle, or parts thereof, is removed by a City employee, other than a peace officer or employee of a Sheriff's Department, the City employee designated to remove the vehicle may do so only after he/she has mailed or personally delivered a written report identifying the vehicle and its location to the office of the Department of the California Highway Patrol located nearest to the vehicle.

c. After a vehicle has been removed, it shall not 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 California Vehicle Code, in which case the vehicle may be reconstructed or made operable.

d. Motor vehicles which are parked, resting or otherwise immobilized on any highway or public right-of-way and which lack an engine, transmission, wheels, tires, doors, windshield or any other part or equipment necessary to operate safely on the highways of this State, are hereby declared a hazard to public health, safety and welfare and may be removed immediately upon discovery by a designated enforcement official of the City.

[Ord. #2191, § 1]

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, but not limited to registration cards, certificates of ownership and license plates.

[Ord. #2191, § 1]

If the administrative costs and costs of removal which are charged against the owner of a parcel of land pursuant to the provisions of this section are not paid within 30 days from 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 the provisions of Section 38773.5 of the California Government Code and shall be transmitted to the Tax Collector for collection. Such assessment shall have the same priority as other City taxes.