Hemet Municipal Code Div. 2 Abandoned Vehicles

Footnotes:

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Cross reference— Traffic and vehicles, ch. 78; parking generally, § 78-101 et seq.; parking for period exceeding 72 hours, § 78-133; parking, storage and repair of vehicles in residential zones, § 78-151 et seq.

In addition to and in accordance with the determination made and the authority granted by the state under 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. 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 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 permitted in this division, is hereby declared to constitute a public nuisance, which may be abated as such in accordance with the provisions of this division.

(Ord. No. 1450; Code 1984, § 9700)

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

Hearing officer means the city council's designated hearing officer.

Highway means a way or place of whatever nature, publicly maintained and open to the use of the public for purposes of vehicular traffic, including streets.

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 or legal owner of record.

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.

(Ord. No. 1450; Code 1984, § 9701)

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

This division 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 junkyard.

Nothing in this section shall authorize the maintenance of a public or private nuisance as defined under provisions of law other than Vehicle Code § 22650 et seq. and this division.

(Ord. No. 1450; Code 1984, § 9702)

This division is not the exclusive regulation of abandoned, wrecked, dismantled or inoperative vehicles within the city. It shall supplement and be in addition to other regulatory codes, statutes and ordinances enacted by the city, the state or any other legal entity or agency having jurisdiction.

(Ord. No. 1450; Code 1984, § 9703)

Except as otherwise provided in this division, the provisions of this division shall be administered and enforced by the city manager or the chief of police, or their duly authorized designee. In the enforcement of this division, such officers and their 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 declared to be a nuisance pursuant to this division and as provided by law.

(Ord. No. 1450; Code 1984, § 9704)

When the city council has contracted with or granted a franchise to any person, such person shall be authorized to enter upon private property to remove or cause the removal of a vehicle, or parts thereof, declared to be a nuisance pursuant to this division, and as provided by law.

(Ord. No. 1450; Code 1984, § 9705)

The city council shall, from time to time, determine and fix an amount to be assessed as administrative costs under this division.

(Ord. No. 1450; Code 1984, § 9706)

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 manager or chief of police, or their duly authorized designee, shall have the authority to cause the abatement and removal thereof in accordance with the procedure prescribed in this division.

(Ord. No. 1450; Code 1984, § 9707)

(a) A ten-day notice of intention to abate and remove the vehicle, or parts thereof, as a public nuisance shall be mailed by registered or certified mail to the owner of the land and to the owner of the vehicle, unless the vehicle is in such a condition that the identification numbers are not available to determine ownership. The notice of intention shall include the following information:

(1) A title statement, including a notice of intention to abate and remove an abandoned, wrecked, dismantled or inoperative vehicle, or parts thereof, as a public nuisance.

(2) The name and address of:

a. The owner of the land as shown on the last equalized assessment roll; and

b. The last registered or legal owner of record of the vehicle, if known.

(3) A description of the vehicle, or parts of a vehicle, including make, model, license number and vehicle identification number, if known.

(4) A description of the location of the private property or public property where the vehicle, or parts of a vehicle, are located.

(5) Notice that within ten days of the date of mailing of the notice of intention to abate:

a. Removal of the vehicle, or parts of a vehicle, shall be required;

b. A written request for a public hearing may be submitted to the chief of police; or

c. The property owner may submit a sworn written statement denying responsibility for the presence of the vehicle, or parts of a vehicle, on his land, with reasons for such denial, which shall be construed as a request for a hearing at which their presence shall not be required; and

d. Failure to remove the vehicle, or failure to respond as specified in subsection (5)b or (5)c of this section, shall grant the city manager or chief of police, or their duly authorized designee, the authority to remove and abate the vehicle, or parts of a vehicle, as a public nuisance, and assess the costs, along with any administrative costs, to the owner of the land without a public hearing.

(6) A statement indicating that any interested party may appear in person at any hearing requested by the owner of the vehicle or owner of the land where the vehicle is located or, in lieu thereof, may submit a sworn written statement in time for consideration at such hearing.

(7) The sections of this Code which:

a. Declare the vehicle, or parts of a vehicle, to be a public nuisance; and

b. Authorize the removal and abatement of the vehicle, or parts of a vehicle, by the city.

(8) The name and title of the issuing officer.

(9) The date of mailing.

(10) The mailing address of the city or abatement authority.

(b) A ten-day notice of intention to abate and remove the vehicle or part thereof as a public nuisance shall be issued, unless the property owner and the owner of the vehicle have signed releases authorizing removal and waiving further interest in the vehicle or part thereof. However, the notice of intention is not required for removal of a vehicle or part thereof which is inoperable due to the absence of a motor, transmission, or wheels and incapable of being towed, is valued at less than $200.00 by a person specified in Vehicle Code § 22855, and is determined by the City of Hemet to be a public nuisance presenting an immediate threat to public health or safety, provided that the property owner has signed a release authorizing removal and waiving further interest in the vehicle or part thereof. Prior to final disposition under Vehicle Code § 22662 of such a low-valued vehicle or part for which evidence of registration was recovered pursuant to Vehicle Code § 22661(a) the City of Hemet shall provide notice to registered and legal owners of intent to dispose of the vehicle or part if not claimed and removed within 12 days after the notice is mailed, from a location specified in Vehicle Code § 22662; final disposition may proceed. The City of Hemet or contractor thereof shall not be liable for damage caused to vehicle or part thereof by removal pursuant to this section.

This subsection applies only to inoperable vehicles located upon a parcel that is (1) zoned for agricultural use or (2) not improved with a residential structure containing one or more dwelling units.

(Ord. No. 1450; Code 1984, § 9708; Ord. No. 1480, § 1, 11-9-93)

(a) Upon request by the owner of the vehicle or owner of the land received by the chief of police within ten days after the mailing of the notices of intention to abate and remove pursuant to this division, a public hearing shall be held by the hearing officer 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-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 registered or certified 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 the identification numbers are not available to determine ownership. If such request for hearing is not received within 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 public hearing.

(Ord. No. 1450; Code 1984, § 9709)

(a) All hearings under this division shall be held before the hearing officer, 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 such private property or public property. The hearing officer 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 hearing officer may impose such conditions and take such other action as deemed appropriate under the circumstances to carry out the purpose of this division. He may delay 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 hearing officer may find that a vehicle, or parts thereof, has been abandoned, wrecked or dismantled, or is inoperative, on private or public property, and direct the chief of police or his authorized designee to order the vehicles, or parts thereof, removed from the property as a public nuisance and disposed of as outlined in this division, 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 hearing officer 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 the 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 hearing officer but does not appear, he shall be notified in writing of the decision.

(Ord. No. 1450; Code 1984, § 9710)

(a) Any interested party may appeal a decision of the hearing officer under this division by filing a written notice of appeal with the city clerk within five days after the decision.

(b) Such appeal shall be heard by the city council, which may affirm, amend or reverse the order, or take other action deemed appropriate.

(c) The clerk shall given written notice of the time and place of the hearing to the appellant and those persons specified in section 30-59.

(d) In conducting the hearing, the city council shall not be limited by the technical rules of evidence.

(Ord. No. 1450; Code 1984, § 9711)

Five days after the adoption of an order declaring a vehicle, or parts thereof, to be a public nuisance pursuant to this division, or five days from the date of mailing of notice of the decision if such notice is required by section 30-61, or 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 scrap yard or automobile dismantler's yard. After a vehicle has been removed, it shall not thereafter be constructed or made operable.

(Ord. No. 1450; Code 1984, § 9712)

Within five days after the date of removal of the 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.

(Ord. No. 1450; Code 1984, § 9713)

If the administrative costs and the cost of removal which are charged against the owner of a parcel of land pursuant to section 30-61 are not paid within 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 Government Code § 38773.5, and shall be transmitted to the tax collector for collection. The assessment shall have the same priority as other city taxes.

(Ord. No. 1450; Code 1984, § 9714)

It is unlawful and a misdemeanor for any person to abandon, park, store, 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 property or public property, not including highways, within the city, for a period in excess of five 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 on private property in connection with the business of a licensed dismantler, a licensed vehicle dealer or a junkyard.

(Ord. No. 1450; Code 1984, § 9715)

Cross reference— Parking, storage and repair of vehicles in residential zones, § 78-151 et seq.; zoning, ch. 90.

It is unlawful and a misdemeanor, punishable as provided in section 1-8, 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.

(Ord. No. 1450; Code 1984, § 9716)

Any person that utilizes any property within any commercial zone within the city limits for the purpose of storing any inoperable motor vehicles or major appliances, or who shall store or maintain any such inoperable motor vehicles or major appliances on any property within the city not inside a building, shall be in violation of the terms of this article.

(Ord. No. 34; Ord. No. 541; Code 1984, § 9401)