Hawaiian Gardens Municipal Code Ch. 10.24 Abandoned or Inoperative Vehicles

A. In addition to and in accordance with the determination made and the authority granted by the State under Section 22660 of the Vehicle Code to remove abandoned, wrecked, dismantled or inoperative vehicles or parts thereof as public nuisances, the City Council 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 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 parts thereof, on private or public property not including highways, except as expressly hereinafter permitted, is declared to constitute a public nuisance which may be abated as such in accordance with the provisions of this chapter.

B. As used in this chapter:

Abandoned vehicle means and includes, but is not limited to a vehicle that the most recent registered owner has given up or abandoned, with the intent of never again claiming ownership; and/or a vehicle in which the most recent registered owner has ceased to maintain, repair or keep up; and/or any vehicle left unattended on private property without the consent of the owner or lessee of such property or his/her legally authorized agent.

Dismantled vehicle means a vehicle that the most recent registered owner is removing critical parts for sale or use on another vehicle. A critical part is any part that is needed to safely operate the vehicle, which includes but is not limited to, a wheel or tire, windshield, door, side quarter panel, trunk, hood, roof, steering wheel or transmission.

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

Inoperative vehicle means a vehicle from which is missing major essential parts, damage to or inoperative condition of any component part or lack of such a part, which includes but is not limited to, an engine, transmission, battery, wheels, windshield, axles, lights or other parts, current registration tag and/or license plate, a flat tire, or driver-side mirrors, that are necessary for it to be legally operated on City streets; and/or there is a build-up of trash, debris, moss or weeds on, in, under or around the vehicle that obstructs its use.

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

Owner of the vehicle means the last registered owner and legal owner of record, as shown by the California Department of Motor Vehicles.

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.

Wrecked vehicle means a vehicle or the remnants or remains of a vehicle that has been involved in a crash or wreck, vandalism or other cause, and has been rendered un-drivable or unmovable in its current condition, and which is inoperative and cannot be made mechanically operative without the addition of vital parts or mechanisms, which include but is not limited to, a wheel or tire, windshield, door, side quarter panel, trunk, hood, roof, steering wheel or transmission.

(Ord. 482 § 3, 2003; Ord. 114 § 1, 1971)

A. This chapter shall not apply to:

1. A vehicle or parts thereof, which are completely enclosed within a building in a lawful manner;

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

B. 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 chapter.

(Ord. 482 § 4, 2003; Ord. 114 § 2, 1971)

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. 114 § 3, 1971)

Except as otherwise provided herein, the provisions of this chapter shall be administered by the City Administrator and enforced by the Community Development Director. In the enforcement of this chapter, City code enforcement officers and Los Angeles County Sheriff's 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. The removal of any vehicle shall require the issuance of an abatement warrant from the Superior Court.

(Ord. 482 § 5, 2003; Ord. 114 § 4, 1971)

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 to remove or cause to be removed a vehicle or parts thereof declared to be a nuisance pursuant to this chapter and with the issuance of an abatement warrant.

(Ord. 482 § 6, 2003)

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. 114 § 6, 1971)

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 City Administrator shall have the authority to cause the abatement and removal thereof in accordance with the procedure prescribed herein.

(Ord. 114 § 7, 1971)

A ten-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:

A. 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 (section of ordinance or municipal 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 (ordinance or municipal code chapter number).

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 of Hawaiian Gardens 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 City Clerk within such 10-day period, then you will have waived your right to appeal, the Community Development Director 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.

Once removed, said vehicle(s) will be disposed of by removal to a scrapyard or automobile dismantler's yard as provided in Section 10.24.120 of the Hawaiian Gardens Municipal Code, and will be destroyed without regard to salvage value.

Notice Mailed ___________ (Date)

/s/ ___________ (Locally designated officer)

B. 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 (section of ordinance or 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 the provisions of (ordinance or municipal code chapter number).

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/or 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 City Clerk within such 10-day period, then you will have waived your right to appeal, the Community Development Director shall have the authority to abate and remove said vehicle (or said parts of a vehicle) without a hearing.

Once removed, said vehicle(s) will be disposed of by removal to a scrapyard or automobile dismantler's yard as provided in Section 10.24.120 of the Hawaiian Gardens Municipal Code, and will be destroyed without regard to salvage value, and without regard to any liens or loans you may have on the vehicle.

Notice Mailed ___________ (Date)

/s/ ___________ (Locally designated officer)

(Ord. 482 §§ 7—10, 2003; Ord. 240 § 2, 1980; Ord. 114 § 8, 1971)

A. Upon request by the owner of the vehicle or owner of the land received by the City Administrator within ten days after the mailing of the notices of intention to abate and remove, a hearing shall be held by the City Administrator 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/her land within such ten-day period, said statement shall be construed as a request for a hearing which does not require his/her presence. Notice of the hearing shall be mailed, by registered mail, at least ten 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 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 hearing.

(Ord. 482 §§ 11, 12, 2003; Ord. 240 § 2, 1980; Ord. 114 § 9, 1971)

A. All hearings under this chapter shall be held before the City Administrator who shall hear all facts and testimony he/she 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 City Administrator 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/her reasons for such denial.

B. The City Administrator may impose such conditions and take such other action as he/she deems appropriate under the circumstances to carry out the purpose of this chapter. He/she may delay the time for removal of the vehicle or parts thereof if, in his/her opinion, the circumstances justify it. At the conclusion of the public hearing, the City Administrator may find that a vehicle or parts thereof 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/she has not subsequently acquiesced in its presence, the City Administrator shall not assess the costs of administration of 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/her land but does not appear, or if an interested party makes a written presentation to the City Administrator but does not appear, he/she shall be notified in writing of the decision.

(Ord. 482 § 13, 2003; Ord. 240 § 2, 1980; Ord. 114 § 10, 1971)

Within five days from the date of the hearing and the decision of the City Administrator, any party to the proceedings may file a notice of appeal with the City Clerk. If such request is not received by the City Clerk within such five-day period, then any party to the proceedings will have waived their right to appeal. In the event such an appeal is filed with the City Clerk, the City Clerk shall cause the matter to be placed upon the agenda of the City Council within 30 days from the date of filing of the appeal. Notification of the date of the hearing upon the appeal by the City Council shall be sent in writing to all parties to the proceeding. At the time of the hearing on the appeal, the City Council shall conduct a public hearing de novo and at the conclusion of the hearing the City Council may affirm, set aside, or modify the determination of the City Administrator. The decision and order of the City Council is final.

(Ord. 482 § 14, 2003; Ord. 240 § 2, 1980; Ord. 114 § 12, 1971)

Five days after adoption of the order declaring the vehicle or parts thereof to be a public nuisance, five days from the date of mailing of notice of the decision if such notice is required by Section 10.24.100, or, in the event of an appeal, five days after the determination by the City Council of such appeal and the making of an order by the City Council declaring the vehicle or parts thereof to be a public nuisance, the vehicle or parts thereof may be disposed of by removal to a scrapyard or automobile dismantler's yard, without regard to salvage value. After a vehicle has been removed it shall not thereafter be reconstructed or made operable, unless it is a vehicle that qualifies for either horseless carriage license plates or historical vehicle license plates, pursuant to Vehicle Code Section 5004, in which case the vehicle may be reconstructed or made operable.

(Ord. 482 § 15, 2003; Ord. 240 § 2, 1980; Ord. 114 § 13, 1971)

Within five days after the date of removal of the vehicle or parts thereof, 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.

(Ord. 114 § 13, 1971)

A. Recovery of cost of abatement. The City officer shall keep an accounting of all costs of abatement for each separate vehicle or parts thereof where the work was done. He/she shall submit to the City Council for confirmation of an itemized written report of all costs associated with the vehicle abatement process. Costs include, but are not limited to, personnel cost to include overhead and benefits, City Prosecutor costs, administrative costs (Section 10.24.060), vehicle removal cost (i.e., tow company, etc.), and so forth. At least three days prior to submission of the written report to the City Council, the written report shall be posted on or near the City Council chamber, with a notice of time of submission. At the time fixed for the receiving and considering the report, the City Council shall hear it with any objections of the property owner liable to be assessed for the abatement. The City Council may modify the report if it is deemed necessary. The City Council shall then confirm the report by motion or resolution.

B. Special assessment—Lien. The cost of abatement upon each parcel of land constitutes a special assessment against the parcel. After the assessment is made and confirmed, it is a lien on the parcel.

C. Cost assessment. After confirmation of the report, a certified copy of the same shall be filed with the County Auditor. The descriptions of the parcels reported shall be those used for the same parcels on the County Assessor's map book for the current year. The County Auditor shall enter each assessment on the County tax roll opposite the parcel of the land. The amount of the assessment shall be collected at the time and in the manner of ordinary municipal taxes. If delinquent, the amount is subject to the same penalties and procedures of foreclosure and sale provided for ordinary municipal taxes. As an alternative method, the County Tax Collector, in his/her discretion, may collect the assessment without reference to the general taxes, by issuing separate bills and receipts for the assessments. Laws relating to the levy, collection and enforcement of County taxes shall apply to such special assessment taxes.

(Ord. 482 § 16, 2003)

The timeframes for judicial review of any final determination and order made by the City Council under this chapter is governed by Section 1094.6 of the California Code of Civil Procedure.

(Ord. 482 § 17, 2003)