El Segundo Municipal Code Ch. 7 Abandoned or Inoperative Vehicles

The purpose of this Chapter is to provide for the abatement and removal as public nuisances of abandoned, wrecked, dismantled, or inoperative vehicles, or parts thereof, from private property or public property, not including highways, and to enable the City to recover costs of administration thereof as authorized by section 22660 of the California Vehicle Code. (Ord. 821, 10-2-1973)

For the purpose of this Chapter, certain words and phrases shall be construed as set forth in this Section, unless it is apparent from the context that a different meaning is intended:

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 the vehicle, or parts thereof, is located, as shown on the last equalized assessment roll.

OWNER OF VEHICLE: The last registered owner and legal owner of record.

PUBLIC PROPERTY: "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. (Ord. 821, 10-2-1973)

A. Exceptions Enumerated: This Chapter shall not apply to:

1. 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

2. A vehicle, or parts 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 a junk dealer; or

3. A vehicle, or parts thereof, which is located behind a wall or solid fence, six feet (6') in height and in good repair, which is not plainly visible from a highway; or

4. A vehicle, or parts thereof, which is stored or parked in a lawful manner on private property in connection with the business of an automobile repair garage; or

5. A vehicle, or parts thereof, which is stored or parked in a lawful manner on private property in a carport which serves as required off-street parking for a residential use.

B. Nuisance Prohibited: 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 Chapter. (Ord. 956, 5-16-1978)

This Chapter 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 or hereafter enacted by the City, the State, or any other legal entity or agency having jurisdiction. (Ord. 821, 10-2-1973)

Except as otherwise provided herein, the provisions of this Chapter shall be administered and enforced by the Chief of Police. In the enforcement 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 this Chapter. (Ord. 821, 10-2-1973)

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. (Ord. 821, 10-2-1973)

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 parts thereof under this Chapter. (Ord. 821, 10-2-1973)

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 Chief of Police shall have the authority to cause the abatement and removal thereof in accordance with the procedure prescribed herein. (Ord. 821, 10-2-1973)

A ten (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 Title 8, Chapter 7 of the El Segundo City 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 Title 8, Chapter 7 of said Code.

You are hereby notified to abate said nuisance by the removal of said vehicle (or said parts of a vehicle) within 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 said vehicle (or said parts of a vehicle) is located.

As owner of the land on which said vehicle (or said parts of a vehicle) is located, you are hereby notified that you may, within 10 days after the mailing of this notice of intention, request a public hearing and if such a request is not received by the Chief of Police within such 10-day period, the Chief of Police shall have the authority to abate and remove said vehicle (or said 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 10-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 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 (date)

s/

Chief of Police

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 legal owner of record of vehicle - notice should be given to both if different)

As last registered and legal owner of record of (description of vehicle - make, model, and license), you are hereby notified that the undersigned pursuant to Title 8, Chapter 7 of the El Segundo City Code has determined that said 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 Title 8, Chapter 7 of said City Code.

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

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

Notice Mailed (date)

s/

Chief of Police

(Ord. 821, 10-2-1973)

A. Hearing By Police Chief: Upon request by the owner of the vehicle or owner of the land received by the Chief of Police within ten (10) days after the mailing of the notices of intention to abate and remove, a public hearing shall be held by the Chief of Police 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. Denial Of Responsibility: 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, said 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 said 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. (Ord. 821, 10-2-1973)

A. Denial And Reasons: All hearings under this Chapter shall be held before the Chief of Police who shall hear all facts and testimony he deems 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 property or public property. The Chief of Police 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. Conditions Imposed By Police Chief: The Chief of Police may impose such conditions and take such other action as he deems appropriate under the circumstances to carry out the purpose of this Chapter. It 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 Chief of Police may find that a vehicle or parts thereof has 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. Landowner Nonliability: 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 Chief of Police 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. Notify Landowner Of Decision: 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 Chief of Police but does not appear, he shall be notified in writing of the decision. (Ord. 821, 10-2-1973)

A. File Notice Of Appeal: Any interested party may appeal the decision of the Chief of Police by filing a written notice of appeal with the City Clerk within five (5) days after his decision.

B. Council Action: Such appeal shall be heard by the City Council which may affirm, amend or reverse the order or take other action deemed appropriate.

C. Notice Of Time And Place Of Hearing: The City Clerk shall have written notice of the time and place of the hearing to the appellant and those persons specified in Section 8-7-9 of this Chapter.

D. Conduct Of Hearing: In conducting the hearing, the City Council shall not be limited by the technical rules of evidence.

E. Delay Action To Remove Pending Hearing: No action shall be taken to remove, destroy or dispose of any vehicle or parts thereof during the pendency of an appeal from the decision of the Chief of Police to the City Council pursuant to this Section. (Ord. 956, 5-16-1978)

Five (5) days after adoption of the order declaring the vehicle or parts thereof to be a public nuisance, or five (5) days from the date of mailing of notice of the decision if such notice is required by Section 8-7-11 of this Chapter, or fifteen (15) days after such action of the governing body authorizing removal following 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. 821, 10-2-1973)

Within five (5) days after the date of removal of the vehicle or parts thereof, notice shall be given to the State 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. 821, 10-2-1973)

If the administrative costs and the cost of removal which are charged against the owner of a parcel of land pursuant to Section 8-7-11 of this Chapter are not paid within thirty (30) days of 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 section 38773.5 of the California Government Code and shall be transmitted to the tax collector for collection. Said assessment shall have the same priority as other City taxes. (Ord. 821, 10-2-1973)