Imperial Municipal Code Art. V Automobiles

IMPERIAL CITY CODE CHAPTER 14 – ABATEMENT OF NUISANCES

shall have the meanings respectively ascribed to them:

(a) 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.

(b) Owner of land: the owner of the land on which a vehicle, or parts thereof,
is or are located, as shown on the last equalized assessment roll.

(c) Owner of the vehicle: The last registered owner and legal owner of
record.

(d) Public property: Does not include “highway.”

(e) 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.

(f) Inoperative vehicle: Any motor vehicle that cannot be moved under its
own power.

(g) Abandoned vehicle: Any vehicle which is parked, resting, or otherwise
immobilized on any highway or public right-of-way and which lacks an
engine, transmission, wheels, tires, doors, windshield, or any other part or
equipment necessary to operate safely, as described by California Vehicle
Code Section 22669(d).

(h) Vehicles of Historic Value: any motor vehicle defined under California
Vehicle Code Section 5004(a) through 5004(f). (Ord. 669)

authority granted by the State of California under section 22660 of the Vehicle Code 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, hereby 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 to 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

IMPERIAL CITY CODE CHAPTER 14 – ABATEMENT OF NUISANCES

hereinafter permitted, hereby is declared to constitute a public nuisance which may be abated as such in accordance with the provisions of this section.

14-54 Scope. The provisions of this section shall not apply to:

(a) A vehicle, or parts thereof, which is or are completely enclosed within a
building in a lawful manner where it is not visible from the street or other
public or private property; or

(b) A vehicle, or parts thereof, which is or are 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.

(c) A vehicle of Historic Value as described under California Vehicle Code
Section 5004(a) through 5004(f).

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 section.
(Ord. 669)

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.

administered and enforced by the Chief of Police and/or his/her designee. In the enforcement of this Article, such officers and their designees may enter upon private or public property to examine a vehicle or parts, or obtain information as to the identity of a vehicle. Upon discovery of an abandoned, wrecked, dismantled, or inoperable vehicle, or vehicle parts on public or private property within the City, stored in violation of City ordinance and constituting a public nuisance as defined by this Article, the Chief of Police and/or his/her designee shall have the authority to cause the abatement and removal of the nuisance in accordance with the procedure prescribed herein. When the City Council has contracted with any person or persons for the removal of nuisances, such person or persons shall be authorized to enter upon public or private property to remove or cause the removal of a vehicle or vehicle parts declared to be a nuisance pursuant to this Article. (Ord. 669)

IMPERIAL CITY CODE CHAPTER 14 – ABATEMENT OF NUISANCES

14-57 Other Authorized Persons. 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 section.

an amount to be assessed as administrative costs (excluding the actual cost of removal of any vehicle or any parts thereof) under this section, which amount shall be set as a fixed sum per vehicle removed or as a percentage of the actual cost of removal.

14-59 Abatement and Removal. Upon discovering the existence of an abandoned, wrecked, dismantled or inoperative vehicle, or parts thereof, on private 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.

parts thereof, as a public nuisance shall be mailed by registered mail to the owner of the land as shown on the last equalized assessment roll and to the last registered and legal 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 ins substantially the following form:

NOTICE OF INTENT TO ABATE AND REMOVE AN ABANDONED, WRECKED, DISMANTLED, OR INOPERATIVE VEHICLE OR VEHICLE PARTS CONSTITUTING 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 Ordinances of the City of Imperial, has determined that there exists upon such 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 ordinances of the City of Imperial.

You are hereby notified to abate such nuisance by the removal of such vehicle (or vehicle parts) within fifteen (15) calendar 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 such vehicle (or vehicle parts) is located.

As owner of the land on which such vehicle (or vehicle parts) is located, you hereby are notified that you may, within fifteen (15) calendar days after the mailing of this notice of intention, request a public hearing and if such a request is not received by the City

IMPERIAL CITY CODE CHAPTER 14 – ABATEMENT OF NUISANCES

Council within such fifteen (15) calendar day period, the chief of police shall have the authority to abate and remove such vehicle (or 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 fifteen (15) calendar day period denying responsibility for the presence of such vehicle (or said parts of a vehicle) on such land, with your reasons for denial, 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)

---

Chief of Police

NOTICE OF INTENT TO ABATE AND REMOVE AN ABANDONED, WRECKED, DISMANTLED OR INOPERATIVE VEHICLE OR VEHICLE PARTS CONSTITUTING 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 hereby are notified that the undersigned, pursuant to Ordinances of the City of Imperial, has determined that such 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 such ordinance of the City of Imperial.

You hereby are notified to abate said nuisance by the removal of said vehicle (or said parts of vehicle) within fifteen (15) calendar days from the date of the mailing of this notice.

As a registered (and/or legal) owner of record of said vehicle (or said parts of a vehicle), you hereby are notified that you may within fifteen (15) calendar days after the mailing of this notice of intention, request a public hearing and if such request is not received by the city council within such 15 (15) calendar day period, the building superintendent shall have the authority to abate and remove said vehicle (or parts of a vehicle) without a hearing.

Notice mailed ___________________ (date)

---

Chief of Police (Ord. 669)

IMPERIAL CITY CODE CHAPTER 14 – ABATEMENT OF NUISANCES

14-61 Request for public hearing on question of abatement and removal, notice of hearing abatement by the City when hearing request not filed.

(a) Upon request by the owner of a vehicle or owner of land received by the
chief of police within fifteen (15) calendar days after the mailing of
notices of intention to abate and remove a vehicle pursuant to the section,
a public hearing shall be held by the Community Development Director,
or his designee, on the questions 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
fifteen (15) calendar day period, such 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 fifteen (15) calendar 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. 669)

14-62 Hearing Procedures.

(a) All hearings under this section shall be held before the Community
Development Director, or his designee, 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 private or public property. The
Community Development Director, or his designee, 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 Community Development Director, or his designee, may impose such
conditions and take such other action as he deems appropriate under the
circumstances to carry out the purposes of this section. He 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
Community Development Director, or his designee, may find that a
vehicle, or parts thereof, has or have been abandoned, wrecked,

IMPERIAL CITY CODE CHAPTER 14 – ABATEMENT OF NUISANCES

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 has not
subsequently acquiesced in its presence, the Community Development
Director, or his designee, 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) 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
Community Development Director, or his designee, but does not appear,
he shall be notified in writing of the decision. (Ord. 669)

decision of the city manager at the hearing provided for in this section, he may appeal the decision of the city manager to the city council by filing a written notice of appeal with the city clerk and paying a fee in the amount of fifty dollars ($50.00) within five (5) days after the decision of the city manager. The council shall fix a time and place for hearing such appeal and the city clerk shall give written notice of the time and place thereof in accordance with the requirements provided for the original hearing. The hearing shall be conducted in the same manner as provided for the hearing by the city manager, and the city council may affirm, modify or reverse the order or take other action deemed appropriate.

14-64 Abate and Removal after Hearing. Five (5) days after the decision of the city manager, or the city council if appealed, declaring a vehicle or parts thereof to be a public nuisance, or five (5) days from the date of mailing of notice of the decision of such notice as required by this section, the vehicle of 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 reconstructed or made operable.

vehicle, or parts thereof, pursuant to this section, 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

IMPERIAL CITY CODE CHAPTER 14 – ABATEMENT OF NUISANCES

evidence of registration available, including registration certificates, certificate of title and license plates.

14-66 Assessment of costs. If the administrative costs and the cost of removal which are charged against the owner of a parcel of land pursuant to this section are not paid within thirty (30) days of the date of the decision, 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 Government Code and shall be transmitted to the tax collector for collection. Such assessment shall have the same priority as other city taxes.

14-67 Abandonment, etc; misdemeanor. It shall be unlawful and a misdemeanor for any person to abandon, park, store or 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 or public property not including highways within the city for a period in excess of ten 910) 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 upon private property in connection with the business of a licensed dismantler, licensed vehicle dealer or a junkyard.

misdemeanor for any person to fail or refuse to remove an abandoned, wrecked, dismantled, or inoperative vehicle of parts thereof or refuse to abate such nuisance when ordered to do so in accordance with the abatement provisions of this section or state law where such state law is applicable.

motorcycle, motor-driven cycle, minibike, trail bike, motor scooter, jeep, dune buggy, or other motor vehicle on real property owned or occupied by another without the written consent of all the owners and occupiers in such operator’s possession, unless the owners of the property have posted the property permitting such use; provided, however, that this prohibition does not include the operation of a vehicle or cycle having a valid California vehicle registration by any person possessing a valid California operator’s license, upon a public street or highway; provided, further, that this prohibition shall not apply to a public officer or employee acting within the course and scope of his employment; provided, further, that, the provisions of this section shall not apply to the operation of such vehicles on driveways, parking lots, race courses, or other places where the public is invited to operate such vehicles so long as such vehicle is operated in the reasonable and ordinary manner customary for such use.. (Ord 653)