El Centro Municipal Code Div. 5 Automobiles

Footnotes:

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Cross reference— Motor vehicles and traffic, Ch. 17.

State Law reference— Abandoned vehicles, Vehicle Code, § 22700 et seq.

For the purposes of this division, the following words and phrases shall have the meanings respectively ascribed to them:

Highway: 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.

Owner of land: The owner of the land on which a vehicle, or parts thereof, is or are located, as shown on the last equalized assessment roll.

Owner of the vehicle: The last registered owner and legal owner of record.

Public property: Does not include "highway."

Vehicle: 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.

Cross reference— Rules of construction and definitions generally, § 1-3.

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 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, hereby is 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 to 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 not including highways, except as expressly hereinafter permitted, hereby is declared to constitute a public nuisance which may be abated as such in accordance with the provisions of this division.

The provisions of this division shall not apply to:

(a) A vehicle, or parts thereof, which is or are 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, which is or are 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.

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 division.

The provisions of this division are 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 or hereafter enacted by the city, the state or any other legal entity or agency having jurisdiction.

Except as otherwise provided herein, the provisions of this division shall be administered and enforced by the chief of police. In the enforcement of this division, the chief and his authorized agents may enter upon private or public property to examine a vehicle, or parts thereof, to obtain information as to the identification of the vehicle and to remove or cause the removal of a vehicle, or parts thereof, declared to be a nuisance pursuant to this chapter.

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 division.

The city 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 any parts thereof) under this division, which amount shall be set as a fixed sum per vehicle removed or as a percentage of the actual cost of removal.

Upon discovering the existence of an abandoned, wrecked, dismantled or inoperative vehicle, or parts thereof, on private property within the city, the chief of police shall have the authority to cause the abatement and removal thereof in accordance with the procedure prescribed herein.

A ten (10) day notice of intention to abate and remove a vehicle, or parts thereof, as a public nuisance shall be mailed by registered mail to the owner of the land as shown on the last equalized assessment roll and to the last registered and legal 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 form:

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 chapter 18, article IV, division 2 of the Code of the City of El Centro, 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 such ordinance of the City of El Centro.

You are hereby notified to abate such nuisance by the removal of such vehicle (or such 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 such parts of a vehicle) is located, you hereby are 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 City Council within such ten (10) day period, the chief of police 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 said parts of a vehicle) on such land, with your reasons for denial, such statement shall be construed as a request for 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 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 hereby are notified that the undersigned, pursuant to chapter 18, article IV, division 2 of the Code of the City of El Centro 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 such ordinance of the City of El Centro.

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

As registered (and/or legal) owner of record of said vehicle (or said parts of a vehicle), you hereby are 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 city council within such 10-day period, the building superintendent shall have the authority to abate and remove said vehicle (or said parts of a vehicle) without a hearing.

(a) Upon request by the owner of a vehicle or owner of land received by the chief of police within ten (10) days after the mailing of notices of intention to abate and remove a vehicle pursuant to this division, a public hearing shall be held by the city manager on the question of 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 cost of removal of the vehicle or parts thereof against the property on which it is located.

(b) If the owner of the land submits a sworn written statement denying responsibility for the presence of the vehicle on his land within such ten (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 ten (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 ten (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.

(a) All hearings under this division shall be held before the city manager, who shall hear all facts and testimony he deems pertinent. Such facts and testimony may include testimony on the condition of the vehicle, or parts thereof, and the circumstances concerning its location on private or public property. The city manager 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.

(b) The city manager may impose such conditions and take such other action as he deems appropriate under the circumstances to carry out the purposes of this division. He may delay the time for removal of the vehicle, or parts thereof, if, in his opinion, the circumstances justify it. At the conclusion of the public hearing, the city manager may find that a vehicle, or parts thereof, has or have been abandoned, wrecked, dismantled, or is 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 the administrative costs and the cost of removal to 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 number 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 he has not subsequently acquiesced in its presence, the city manager 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.

(d) 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 city manager but does not appear, he shall be notified in writing of the decision.

If the owner of a vehicle or the owner of land is aggrieved by any decision of the city manager at the hearing provided for in this division, he may appeal the decision of the city manager to the city council by filing a written notice of appeal with the city clerk and paying a fee in the amount of fifty dollars ($50.00) within five (5) days after the decision of the city manager. The council shall fix a time and place for hearing such appeal and the city clerk shall give written notice of the time and place thereof in accordance with the requirements provided for the original hearing. The hearing shall be conducted in the same manner as provided for the hearing by the city manager, and the city council may affirm, modify or reverse the order or take other action deemed appropriate.

Five (5) days after the decision of the city manager, or the city council if appealed, declaring a vehicle or parts thereof to be a public nuisance, or five (5) days from the date of mailing of notice of the decision of such notice as required by this division, the vehicle or parts thereof may be disposed of by removal to a scrap yard or automobile dismantler's yard. After a vehicle has been removed it shall not thereafter be reconstructed or made operable.

Within five (5) days after the date of removal of a vehicle, or parts thereof, pursuant to this division, 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.

If the administrative costs and the cost of removal which are charged against the owner of a parcel of land pursuant to this division are not paid within thirty (30) days of the date of the decision 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. Such assessment shall have the same priority as other city taxes.

(Ord. No. 02-09, § 1, 7-17-02)

It shall be unlawful and a misdemeanor for any person to abandon, park, store or 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 not including highways within the city for a period in excess of ten (10) days 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 stored or parked in a lawful manner upon private property in connection with the business of a licensed dismantler, licensed vehicle dealer or a junkyard.

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 refuse to abate such nuisance when ordered to do so in accordance with the abatement provisions of this division or state law where such state law is applicable.

It shall be unlawful for any person to operate any motorcycle, motor-driven cycle, minibike, trail bike, motor scooter, jeep, dune buggy, or other motor vehicle on real property owned or occupied by another without the written consent of all the owners and occupiers in such operator's possession, unless the owners of the property have posted the property permitting such use; provided, however, that this prohibition does not include the operation of a vehicle or cycle having a valid California vehicle registration by any person possessing a valid California operator's license, upon a public street or highway; provided, further, that, this prohibition shall not apply to a public officer or employee acting within the course and scope of his employment; provided, further, that, the provisions of this section shall not apply to the operation of such vehicles on driveways, parking lots, race courses, or other places where the public is invited to operate such vehicles so long as such vehicle is operated in the reasonable and ordinary manner customary for such use.

It shall be unlawful for any person to operate a vehicle referred to in section 18-90 of this Code in such a manner as is reasonably likely to disturb the peace or quiet of any neighborhood or person by reason of noise, dust, smoke or fumes.