Indian Wells Municipal Code Ch. 11.40 Abandoned Vehicles

Note: See also Chapter 8.09, Abandoned Vehicles.

No person shall abandon a vehicle upon public or private property without the express or implied consent of the owner or person in lawful possession or control of the property.

(Ord. 293 § 1, 1992)

The following presumptions shall apply:

(a) It shall be a prima facie presumption that the vehicle has been abandoned if it is parked at a set location for a period exceeding seventy-two (72) hours.

(b) The abandonment of any vehicle in a manner as provided in Section 11.40.010 herein shall constitute a prima facie presumption that the last registered owner of record, not having complied with the provisions of Section 5900 of the California Vehicle Code, which deals with a notice of sale or transfer by owners, is responsible for such abandonment and is thereby liable for the cost of removal and disposition of the vehicle.

(Ord. 293 § 1, 1992)

Abandoned vehicles may be abated in the following manner:

(a) Any abandoned, wrecked, dismantled, or inoperative vehicle or parts thereof that constitute public nuisances, may be abated and removed from either private or public property. The costs involved in the abatement and removal may either be assumed by the City or the City may seek recovery of such costs pursuant to Government Code Section 38773.5.

As used in this Section, "inoperative" means a vehicle that is: (1) Mechanically incapable of being driven; or (2) prohibited from being operated on a public street or highway pursuant to Vehicle Code Sections 4000, 5202, 24002, or 40001, concerning license plates, registration, equipment, safety and related matters.

(b) A parked or abandoned vehicle may be removed under any of the circumstances set forth in Vehicle Code Section 22651.

(c) The "police authority" shall remove vehicles only in conformity with Vehicle Code Sections 22650 et seq.

(Ord. 293 § 1, 1992; Ord. 340 § 2, 1994)