Article VII — ABANDONED VEHICLE REMOVAL

Cross reference— Nuisances, ch. 18.

In addition to and in accordance with the determination made and the authority granted by the state pursuant to the provisions of Vehicle Code § 22660 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 of the citizens of the city. 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 article, is hereby declared to constitute a public nuisance which may be abated as such in accordance with the provisions of this article.

(Code 1968, § 16-40)

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Highway means a way or place, of whatever nature, publicly maintained and open to the use of the public for the purposes of vehicular travel. The word "highway" includes the word "street."

Owner of the land means the owner of the land on which the vehicle or parts thereof are located, as shown on the last equalized assessment role.

Owner of the vehicle means the last registered owner and legal owner of record.

Public property. The term "public property" does not include highways.

Vehicle means 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.

(Code 1968, § 16-41)

Cross reference— Definitions and rules of construction generally, § 1-2.

(a)

The provisions of this article shall not apply to:

(1)

A vehicle or part thereof which is completely enclosed within an enclosure 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.

(b)

The provisions of this section shall not authorize the maintenance of a public or private nuisance as defined pursuant to provisions of law other than Vehicle Code div. 11, ch. 10 (§ 22650 et seq.), and this article.

(Code 1968, § 16-42)

The provisions of this article shall not be the exclusive regulation of abandoned, wrecked, dismantled or inoperative vehicles within the city. The provisions of this article shall supplement and be in addition to the other regulatory codes, statutes and laws enacted by the city, the state or any other legal entity or agency having jurisdiction.

(Code 1968, § 16-43)

Except as otherwise provided in this article, the provisions of this article shall be administered and enforced by the director of community development. In the enforcement of the provisions of this article, such officers 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 article.

(Code 1968, § 16-44; Ord. No. 1317, § 1, 3-21-00)

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 part thereof declared to be a nuisance pursuant to the provisions of this article.

(Code 1968, § 16-45)

The council shall from time to time determine and fix an amount to be assessed as administrative costs, excluding the actual cost of the removal of any vehicle or part thereof, for the purpose of administering the provisions of this article.

(Code 1968, § 16-46)

Upon discovering the existence of an abandoned, wrecked, dismantled or inoperative vehicle or parts thereof on private or public property within the city, the director of community development or his designee shall have the authority to cause the abatement and removal thereof in accordance with the procedures prescribed on this article.

(Code 1968, § 16-47; Ord. No. 1317, § 2, 3-21-00)

A ten-day notice of intention to abate and remove the vehicles or parts thereof as a public nuisance pursuant to this article shall be mailed by registered or certified mail to the owner of the land and to the owner of the vehicle, unless the vehicle or parts thereof are in such condition that identification numbers are not available to determine ownership. The notice of intention shall be in 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 the 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 _______ of the Fontana Municipal Code, has determined that there exists upon said land an (or parts of an) abandoned wrecked, dismantled, or inoperative vehicle registered to , license no., which constitutes a public nuisance pursuant to the provisions of section _______ of the Fontana Municipal Code.

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

As owner of the land on which said vehicle (or parts of a vehicle) is located, you are hereby notified that you may, within ten days after the mailing of this notice of intention, request a public hearing, and if such request is not received by the City of Fontana Community Development Department within such ten-day period, the Director or his designee 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 ten-day period denying the responsibility for the presence of said vehicle (or parts of a vehicle) on said land, with you[r] 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 statement, in writing, as aforesaid in time for consideration at such hearing.

Notice Mailed: _______    (Date Mailed)

Attest:

City Clerk

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 _______, of the Fontana Municipal 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 provisions of section _______ of the Fontana Municipal code.

You are hereby noticed to abate said nuisance by the removal of said vehicle (or said parts of vehicle) within ten days from the day after the mailing of this notice of intention, or request a public hearing, and is [if] such a request is not received by the City of Fontana Community Development Department within such ten-day period the director or his designee shall have the authority to abate and remove said vehicle (or parts of a vehicle) without a hearing.

Notice Mailed: _______    (Date Mailed)

Director of Community Development City of Fontana

Attest:

City Clerk

(Code 1968, § 16-48; Ord. No. 1317, § 3, 3-21-00)

(a)

Upon request by the owner of the vehicle or the owner of the land received by the director of community development within ten days after the mailing of the notice of intention to abate and remove pursuant to this article, a public hearing shall be held by the director of community development 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 costs of removal of the vehicle or parts of a vehicle against the property on which it is located.

(b)

If the owner of the land submits a sworn statement, in writing, denying responsibility for the presence of the vehicle on his land within such ten-day period, the statement shall be construed as a request for a hearing which does not require his presence. Notice of the hearing shall be mailed, by certified or registered mail, at least ten days prior to the date of 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 days after the 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 hearing.

(Code 1968, § 16-49; Ord. No. 1317, § 4, 3-21-00)

(a)

All hearing under this article shall be held before the director of community development who shall hear all facts and testimony as he deems pertinent. The facts and testimony may include testimony on the condition of the vehicle or parts thereof, and the circumstances concerning its location on the property, public or private.

(b)

The director of community development 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 statement, in writing, 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.

(c)

The director of community development may impose such conditions and take such other action as he deems appropriate under the circumstances to carry out the purpose of this article. He may delay the time for removal of the vehicle or parts thereof, if in its opinion the circumstances justify it. At the conclusion of the public hearing, the director of community development may find that a vehicle, or parts thereof, has been abandoned, wrecked or dismantled, or is inoperative, on private or public property, and order the vehicle removed from the property as a public nuisance and disposed of as provided in this article, 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.

(d)

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 to its presence, director of community development 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.

(e)

If the owner of the land submits a sworn 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 director of community development but does not appear, he shall be notified in writing of the decision.

(Code 1968, § 16-50; Ord. No. 1317, § 5, 3-21-00)

(a)

Any interested party may appeal the decision of the police chief under this article by filing a written notice of appeal with the police chief within five days after his decision.

(b)

Such appeal shall be heard by the city manager or his/her designee, which may affirm, amend or reverse the order or take other action deemed appropriate.

(c)

The clerk shall give written notice of the time and place of hearing to the appellant and those persons specified in section 17-264.

(d)

In conducting the hearing, the city manager or his/her designee shall not be limited by the technical rules of evidence.

(e)

The city manager's determination shall be the final administrative decision of the city.

(Code 1968, § 16-51; Ord. No. 1317, § 6, 3-21-00; Ord. No. 1757, § 9, 2-14-17)

Five days after the adoption of the order declaring the vehicle or part thereof to be a public nuisance pursuant to this article, or five days from the date of mailing of the notice of the decision, if such notice is required by the provisions of section 17-265, or 15 days after such action of the council authorizing removal following an appeal, the vehicle or part 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.

(Code 1968, § 16-52)

Within five days after the date of removal of the vehicle or part thereof pursuant to this article, 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, but not limited to, the registration card, certificates of ownership or license plates.

(Code 1968, § 16-53; Ord. No. 1086, § 41, 8-17-93)

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 section 17-266 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 Government Code § 38773.5 and shall be transmitted to the tax collector for collection. Such assessment shall have the same priority as other city taxes.

(Code 1968, § 16-54)

Secs. 17-271—17-300. - Reserved.