Cudahy Municipal Code Ch. 8.24 Abandoned Vehicles

In addition to and in accordance with the determination made and the authority granted by the state pursuant to the provisions of Section 22660 of the Vehicle Code of the state to remove abandoned, wrecked, dismantled, or inoperative vehicles, or parts thereof, as public nuisances, the 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, not 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 part thereof, on private or public property, not including highways, except as expressly permitted by the provisions of this chapter, is hereby declared to constitute a public nuisance which may be abated as such in accordance with the provisions of this chapter. (Ord. 140 § 1. 2002 Code § 3-3.1).

As used in this chapter, unless otherwise apparent from the context, certain words and phrases shall have the following meanings:

(1) “Highway” shall mean a way or place of whatever nature, publicly maintained and open to the use of the public for the purpose of vehicular travel. “Highway” shall include street.

(2) “Public property” shall not include highway.

(3) “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.

(4) “Owner of the land” shall mean the owner of the land on which the vehicle, or part thereof, is located, as shown on the last equalized assessment roll.

(5) “Owner of the vehicle” shall mean the last registered owner and legal owner of record. (Ord. 140 § 1. 2002 Code § 3-3.2).

The provisions of 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, 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 junk dealer, or when such storage or parking is necessary to the operation of a lawfully conducted business or commercial enterprise.

The provisions of this chapter shall not authorize the maintenance of a public or private nuisance defined pursuant to provisions of law other than Chapter 10 (commencing with Section 22650) of Division 11 of the Vehicle Code of the state and this chapter. (Ord. 140 § 1. 2002 Code § 3-3.3).

The provisions of this chapter are not the exclusive regulation of abandoned, wrecked, dismantled, or inoperative vehicles within the city. The provisions of this chapter shall supplement and be in addition to the other regulatory codes, statutes, and laws heretofore or hereafter enacted by the city, the county, the state, or any other legal entity or agency having jurisdiction. (Ord. 140 § 1. 2002 Code § 3-3.4).

Except as otherwise provided in this chapter, the provisions of this chapter shall be administered and enforced by the director of building and public services. In the enforcement of the provisions of this chapter, such officer and his 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 the provisions of this chapter. (Ord. 396 § 3; Ord. 140 § 1. 2002 Code § 3-3.5).

When the council has contracted with or granted a franchise to any person, such person 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 the provisions of this chapter. (Ord. 140 § 1. 2002 Code § 3-3.6).

The council shall from time to time determine and fix an amount to be assessed as administrative costs (excluding the actual cost of removal of any vehicle, or part thereof) for the purposes of administering the provisions of this chapter. (Ord. 140 § 1. 2002 Code § 3-3.7).

Upon discovering the existence of an abandoned, wrecked, dismantled, or inoperative vehicle, or parts thereof, on private property or public property within the city, the director of building and public services shall have the authority to cause the abatement and removal thereof in accordance with the procedure set forth in this chapter. (Ord. 396 § 3; Ord. 140 § 1. 2002 Code § 3-3.8).

A 10-day notice of intention to abate and remove the 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, pursuant to the provisions of Chapter 8.24 of the Cudahy Municipal Code, has determined that there exists upon such 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 Chapter 8.24 of the Municipal Code.

You are hereby notified to abate such nuisance by the removal of such vehicle, or parts of a vehicle, within ten (10) days from the date of mailing of this notice, and, upon your failure to do so, the same will be abated and removed by the city and the costs thereof, together with administrative costs, assessed to you as owner of the land on which such vehicle, or parts of a vehicle, is located.

As owner of the land on which such vehicle, or parts of a vehicle, is located, you are hereby notified that you may, within ten (10) days after the mailing of this notice of intention, request a public hearing and, if such request is not received by the Director of Building and Public Services within such ten (10) day period, the Director of Building and Public Services shall have the authority to abate and remove such vehicle, or parts of a vehicle, as a public nuisance and assess the costs as aforesaid without a public hearing. You may submit a sworn written statement within such ten (10) day period denying responsibility for the presence of such vehicle, or parts of a vehicle, on such land, with your reasons for denial, and such statement shall be construed as a request for a hearing at which your presence is 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 as aforesaid in time for consideration at such hearing.

Notice mailed _______ s/ ___________ (Date) Director of

Building and Public Services

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 the provisions of Chapter 8.24 of the Cudahy Municipal Code, has determined that such vehicle, or parts of a vehicle, exists as an abandoned, wrecked, dismantled, or inoperative vehicle at (describe location on public or private property) and constitutes a public nuisance pursuant to the provisions of Chapter 8.24 of said Municipal Code.

You are hereby notified to abate such nuisance by the removal of such vehicle, or parts of a vehicle, within ten (10) days from the date of mailing of this notice.

As registered (and/or legal) owner of record of such vehicle, or parts of a vehicle, you are hereby notified that you may, within ten (10) days after the mailing of this notice of intention, request a public hearing, and, if such a request is not received by the Director of Building and Public Services within such ten (10) day period, the Director of Building and Public Services shall have the authority to abate and remove such vehicle, or parts of a vehicle, without a hearing.

Notice mailed _______ s/ ___________ (Date) Director of

Building and Public Services

(Ord. 396 § 3; Ord. 140 § 1. 2002 Code § 3-3.9).

Upon request by the owner of the vehicle or owner of the land received by the city clerk within 10 days after the mailing of the notices of intention to abate and remove, a public hearing shall be held by the planning commission on the question of the 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 costs 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 land within such 10-day period, such statement shall be construed as a request for a hearing which does not require his presence. Notice of the hearing shall be mailed, by registered mail, at least 10 days before the hearing 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. If such a request for hearing is not received within such 10 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. 140 § 1. 2002 Code § 3-3.10).

All hearings held pursuant to the provisions of this chapter shall be held before the planning commission which shall hear all facts and testimony it deems pertinent. Such facts and testimony may include testimony on the condition of the vehicle, or part thereof, and the circumstances concerning its location on private property or public property. The planning commission shall not be limited by the technical rules of evidence. The owner of the land may appear in person at the hearing, or present a sworn 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.

The planning commission may impose such conditions and take such other action as it deems appropriate under the circumstances to carry out the purposes of this chapter. It may delay the time for the removal of the vehicle, or part thereof, if, in its opinion, the circumstances so justify. At the conclusion of the public hearing, the planning commission may find that a vehicle, or part thereof, has been abandoned, wrecked, dismantled, or is inoperative on private or public property, order the same removed from the property as a public nuisance and disposed of as provided in this chapter, and determine the administrative costs and the costs of removal to be charged against the owner of the land. The order requiring removal shall include a description of the vehicle, or part thereof, and the correct identification number and license number of the vehicle, if available at the site.

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 planning commission 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.

If the owner of the land submits a sworn written statement denying responsibility for the presence of the vehicle on his land but does not appear, or if an interested party makes a written presentation to the planning commission but does not appear, he shall be notified in writing of the decision. (Ord. 140 § 1. 2002 Code § 3-3.11).

Any interested person may appeal the decision of the planning commission by filing a written notice of appeal with the planning commission within five days after its decision.

Such appeal shall be heard by the council which may affirm, amend, or reverse the order or take any other action deemed appropriate.

The city clerk shall give written notice of the time and place of the hearing to the appellant and those persons set forth in CMC 8.24.080.

In conducting the hearing the council shall not be limited by the technical rules of evidence. (Ord. 140 § 1. 2002 Code § 3-3.12).

Five days after the adoption of the order declaring the vehicle, or parts thereof, to be a public nuisance, or five days from the date of mailing of the notice of the decision, if such notice is required by the provisions of CMC 8.24.110, or 15 days after such action for the council authorizing removal following an 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. 140 § 1. 2002 Code § 3-3.13).

Within five days after the date of removal of the vehicle, or part thereof, notice shall be given to the Department of Motor Vehicles of the state identifying the vehicle, or part 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. 140 § 1. 2002 Code § 3-3.14).

If the administrative costs and the costs of removal which are charged against the owner of a parcel of land pursuant to the provisions of CMC 8.24.110 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 Government Code of the state and shall be transmitted to the tax collector for collection. Such assessment shall have the same priority as other city or county taxes. (Ord. 140 § 1. 2002 Code § 3-3.15).