Fullerton Municipal Code Ch. 5.20 Wrecked, Dismantled or Inoperative Vehicles

(A) In addition to, and in accordance with, the determination made and the authority granted, by the state, under Cal. Vehicle Code § 22660, to remove abandoned, wrecked, dismantled or inoperative vehicles or parts thereof as public nuisances, the City Council hereby makes the following findings and declarations.

(B) 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 hereinafter permitted, is hereby declared to constitute a public nuisance which may be abated as such in accordance with the provisions of this chapter or as otherwise provided by law.

(Ord. 1533, passed - -1968)

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

ABANDONED VEHICLE. Includes vehicles, operative or inoperative which have been left by their operators upon private property for over 72 consecutive hours, and whose owners cannot be located or contacted by telephone or first-class mail within 120 hours thereafter to move the vehicle.

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.

INOPERATIVE VEHICLE. Includes all vehicles which, through absence or deteriorated condition of mechanical parts, including engine, transmission, driving axle, tires and wheels is unable to be operated on a highway. Additionally, vehicles which are without current registration pursuant to Cal. Vehicle Code § 4000.4, or are without the safety equipment required by Cal. Vehicle Code, Division 12, shall also be considered INOPERATIVE.

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. 1533, passed - -1968; Ord. 2637, passed - -1988)

(A) 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;

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

(3) A vehicle or part thereof which is located behind a solid fence six feet in height which is not in the front yard or plainly visible from any highway or adjoining property, providing that the vehicle owner obtains an “intention to restore” permit from the City Manager or his or her designee as outlined in § 5.20.065 of this chapter;

(4) A vehicle which has been inoperative less than 72 consecutive hours, but not in the front yard or viewable from a public right-of-way; or

(5) A vehicle which is defined by Cal. Vehicle Code § 5004 as a “Vehicle of historic interest” or by Cal. Vehicle Code § 5051(b) as a “special interest vehicle.”

(B) Nothing in this chapter shall authorize the maintenance of a public or private nuisance as defined under provisions of law other than Cal. Vehicle Code, Division 11, Chapter 10 (commencing with § 22650) and this chapter.

(Ord. 1533, passed - -1968; Ord. 2637, passed - -1988)

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. 1533, passed - -1968)

(A) Except as otherwise provided, this chapter shall be administered and enforced by the City Manager or his or her designee.

(B) In the enforcement of this chapter such designee 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 part thereof declared to be a nuisance pursuant to this chapter. No entry shall be forced without a warrant from a judge.

(Ord. 1533, passed - -1968; Ord. 2637, passed - -1988)

(A) When the City Council has contracted with or granted a franchise to any person or persons, such person or persons shall be authorized to without force 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.

(B) If entry thereon is refused, entry shall be made only as authorized by a warrant issued by a judge.

(Ord. 1533, passed - -1968)

(A) A vehicle or part thereof which is located behind a solid fence six feet in height which is not plainly visible from any highway or adjoining property may remain on the site if the owner can provide proof that the vehicle is being restored. Physical evidence of progress and/or receipts for materials to be used in the restoration shall constitute proof.

(B) If the vehicle is being restored, the owner shall obtain an “intention to restore” permit from the City Manager or his or her designee providing proof of restoration. Permit cost shall be established by City Council resolution and the permit shall be valid for a period of 12 months. If additional proof of progress can be shown at the end of the 12-month period, the permit may be renewed for a period of 12 months. Two renewals shall be permitted.

(C) One such permit shall be allowed for any legally existing residential lot measuring up to 10,000 square feet. One additional permit may be obtained for a lot with an area above 10,000 square feet. Any lot owner requesting more than two permits must apply for and receive approval for a conditional use permit.

(Ord. 2637, passed - -1988)

Thirty-three percent of the actual cost is fixed as the amount to be assessed as administrative costs in addition to the actual cost of removal of any vehicle or part thereof under this chapter.

(Ord. 1533, passed - -1968; Ord. 2637, passed - -1988)

Whenever the City Manager or any regularly salaried, full-time employee of the city, duly authorized therefor by the City Manager, determines that a vehicle or part thereof has been abandoned, wrecked, dismantled or is inoperative upon private property other than a vehicle or part thereof excluded under the provisions of § 5.20.030 of this chapter, he or she shall mail, by registered mail, to the owner of the property on which the vehicle, or parts thereof, is located as shown on the last equalized assessment roll and to the last registered and legal owner of record of the vehicle unless the vehicle is in such condition that identification numbers are not available to determine ownership, not less than 15 days before removing such vehicle or part or parts thereof a notice of intention to abate and remove such vehicle or parts thereof as a public nuisance. Such notice shall contain a statement that the owner of the property on which the vehicle is located and any owner of the vehicle may upon written request have a hearing before the City Manager on the question of the abatement and removal of such vehicle, or part or parts thereof as a public nuisance. Such statement shall include notice to the property owner that he or she may appear in person at such hearing or may present a sworn written statement denying responsibility for the presence of the vehicle, or part or parts thereof on the land, with his or her reasons for such denial, in lieu of appearing.

(Ord. 1533, passed - -1968; Ord. 1728, passed - -1971; Ord. 2505, passed - -1984; Ord. 2637, passed - -1988)

A hearing shall be held before the City Manager upon a written request therefor, filed with the City Clerk by the owner of the vehicle or part or parts thereof or by the owner of the land on which such vehicle or part or parts thereof is located, within ten days after the mailing of the notice of intention to abate and remove the vehicle or part or parts thereof as required by this chapter. If the owner of the land on which the vehicle or part or parts thereof is located files with the City Clerk, a sworn written statement denying responsibility for the presence of the vehicle on his or her land within such time period, his or her statement shall be construed as a request for a hearing by the City Manager which does not require the presence of the owner submitting such request. If no request for a hearing is received within such period, no hearing shall be required, and the Chief of Police shall have the authority to remove the vehicle or part or parts thereof without further notice. Upon any such request being so filed within such time period, the City Clerk shall set the question of abatement and removal of the vehicle or part or parts thereof and the assessment of the administrative costs and the cost of removal for a hearing before the City Manager and mail, by certified mail, to the person requesting such hearing a notice of the time and place thereof not less than ten days before the date set for such hearing.

(Ord. 1533, passed - -1968; Ord. 1728, passed - -1971; Ord. 2505, passed - -1984; Ord. 2985, passed - -2001)

A copy of the notice of intention to abate and remove the vehicle or part or parts thereof shall be sent by regular mail to the State Highway Patrol not less than 15 days before any abatement or removal thereof. Notice of any hearing requested as provided in this chapter shall be sent by regular mail to the State Highway Patrol not less than ten days before the date set for such hearing.

(Ord. 1533, passed - -1968; Ord. 1728, passed - -1971; Ord. 2505, passed - -1984)

All hearings under this chapter shall be held before the City Manager which shall hear all facts and testimony it deems pertinent. The facts and testimony may include testimony on the condition of the vehicle or part thereof and the circumstances concerning its location on the private property or public property. The City Manager shall not be limited by the technical rules of evidence. The owner of the land on which the vehicle is located may appear in person at the hearing or may then, or theretofore, present a sworn written statement denying responsibility for the presence of the vehicle or part or parts thereof on his or her land with his or her reasons for such denial.

(Ord. 1533, passed - -1968; Ord. 1728, passed - -1971; Ord. 2505, passed - -1984)

(A) The City Manager may impose such conditions and take such other action as the City Manager deems appropriate under the circumstances to carry out the purpose of this chapter. The City Manager may delay the time for removal of the vehicle or part thereof if, in the City Manager’s opinion, the circumstances justify it.

(B) At the conclusion of the hearing, the City Manager may find that a vehicle or part 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 parcel of land on which the vehicle or part thereof is located. 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.

(Ord. 1533, passed - -1968; Ord. 2505, passed - -1984)

If it is determined at the hearing that the vehicle was placed on the land without the consent of the land owner and that he or she has not subsequently acquiesced in its presence, the City Manager shall not assess 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 land owner.

(Ord. 1533, passed - -1968; Ord. 2505, passed - -1984)

If an interested party makes a written presentation to the City Manager but does not appear, he or she shall be notified in writing of the decision.

(Ord. 1533, passed - -1968; Ord. 2505, passed - -1984)

(A) If no request for a hearing by the City Manager is filed with the City Clerk within the time provided by this chapter after the mailing of the notice of intention to abate and remove the vehicle or part or parts thereof, or after the expiration of five days from the date of a decision by the City Manager at any hearing held pursuant to the provisions of this chapter and the mailing by regular mail of a notice of such decision to any person who requested such hearing and did not appear at such hearing, that the vehicle or part or parts thereof, shall be abated and removed, the Chief of Police may abate and remove the vehicle or part or parts thereof and dispose of the same by delivery to a scrap yard or automobile dismantler’s yard.

(B) After a vehicle has been removed, it shall not thereafter be reconstructed or made operable. If the City Manager or Chief of Police determines that commercial channels or disposition are not available or are inadequate, it or he or she may dispose of such vehicle or part or parts thereof by removal to any suitable site owned by the city. The City Manager or Chief of Police may make final disposition of such vehicle or part or parts thereof or may transfer the same in any manner provided by law or by the City Manager.

(Ord. 1533, passed - -1968; Ord. 1728, passed - -1971; Ord. 2505, passed - -1984)

Within five days after the date of removal of the vehicle or part thereof, notice shall be given to the Department of Motor Vehicles 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. 1533, passed - -1968; Ord. 2505, passed - -1984)

Upon the abatement and removal of any vehicle or part or parts thereof pursuant to this chapter, the administrative costs and the cost of removal shall be determined by the Finance Director, and he or she shall send a statement thereof by registered mail to the owner of the land as shown on the last equalized assessment roll from which the vehicle or part or parts thereof were removed. Unless such costs are paid or written objections with the reasons therefor are filed with the City Clerk within 30 days from the mailing of such statement, or if so ordered by the City Manager, after a hearing upon any such objections, such costs shall be assessed against such parcel of land pursuant to Cal. Gov’t Code § 38773.5 and shall be transmitted to the Tax Collector for collection. The assessment shall have the same priority as other city taxes. Upon receipt of any such objections, the City Clerk shall set the same for hearing by the City Manager and send by regular mail to the person making such objections notice of the time and place of such hearing not less than ten days before the date set for such hearing.

(Ord. 1533, passed - -1968; Ord. 1728, passed - -1971; Ord. 2505, passed - -1984)

No person shall abandon, park, store or leave or permit the abandonment, parking, storing or leaving of any licensed or unlicensed vehicle or part thereof which is in an abandoned, wrecked, dismantled or inoperative condition upon any private property or public property, not including highways, within the city for a period in excess of five days unless such vehicle is excluded from the provisions of this chapter by § 5.20.030, and no person shall fail or refuse to obey an order of the City Manager pertaining to the removal or concealment of an abandoned, wrecked, dismantled or inoperative vehicle or any part or parts thereof made after notice and hearing as required by this chapter.

(Ord. 1533, passed - -1968; Ord. 1728, passed - -1971; Ord. 2505, passed - -1984)