Inglewood Municipal Code § 11-90 Removal of Abandoned Vehicles

In addition to and in accordance with the determination made and the 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 and adopts the following procedure.

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 which detrimentally affects the value of private real property, promotes blight, creates fire hazards, constitutes an attractive nuisance presenting a hazard to the health and safety of minors, creates a harborage for rodents and insects and which is injurious to the health, safety and general welfare. Therefore, the presence of abandoned, wrecked, dismantled or inoperative vehicles or parts 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 Article.

As used in this Article:

(1) The term "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.

(2) The term "abandoned" means that the owner or operator has voluntarily and permanently relinquished physical possession without transferring such possession to another, with no apparent intention or ability to reclaim it.

(3) The term "highway" means 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.

(4) The term "public property" does not include "highway."

(5) The term "owner of the property" means the owner of the property on which the vehicle, or parts thereof, is located, as shown on the last equalized assessment roll.

(6) The term "owner of the vehicle" means the last registered owner and/or legal owner of record.

(Ord. 08-24 11-18-08)

This Section shall not apply to:

(1) A vehicle, or parts thereof, which is completely enclosed within a building in a lawful manner and 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, a salvage dealer, or when such storage or parking is necessary to the operation of a lawfully conducted business or commercial enterprise.

(Ord. 08-24 11-18-08)

This Article 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. 08-24 11-18-08)

(1) Except as otherwise provided herein, the provisions of this Section shall be administered and enforced by the City Administrator or designee. In the enforcement of this Section, such officer and those City employees which he or she may designate may enter upon private property with permission of the occupant thereof, or absent such permission, pursuant to an inspection warrant issued in accordance with the provisions of Code of Civil Procedure Sections 1822.5 through 1822.56, 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 Section.

(2) 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 came the removal of a vehicle or parts thereof declared to be a nuisance pursuant to this Section.

(3) The City Council shall, from time to time, determine and fix a amount to be assessed as administrative costs (excluding the actual cost of removal of any vehicle or parts thereof) under this Section.

(Ord. 08-24 11-18-08)

Upon being apprised, or discovering the existence, of an abandoned, wrecked, dismantled, or inoperative vehicle, or parts thereof, on private property or public property within the City, any member of the Code Enforcement Division of the City shall have the power to cause the abatement and removal thereof in accordance with the procedure prescribed herein.

(Ord. 08-24 11-18-08)

A ten-day notice of intention to abate and remove the vehicle, or parts thereof, as a public nuisance shall be mailed by United States mail postage prepaid to the owner of the property and to the registered 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 property)

As owner shown, on the last equalized assessment roll of the property located at (address), you are hereby notified that the undersigned pursuant to Sections 11-90 through 11-90.4 , inclusive of the Inglewood Municipal Code, has determined that there exists upon said property, an abandoned, wrecked, dismantled or inoperative vehicle (or parts thereof) registered to _____, license number _____, which constitutes a public nuisance pursuant to the provisions of the Inglewood Municipal Code.

You are hereby notified to abate said nuisance by the removal of said vehicle (or parts) 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 and the costs thereof, together with administrative costs, assessed to you as owner of the property on which said vehicle (or parts) is located.

As owner of the property on which said vehicle (or parts) is located, you are hereby notified that you may, within 10 days after the mailing of this notice of intention, request in writing a public hearing and if such a request is not received by the City Administrator or designee within such ten-day period, any City Employee he or she may designate shall have the power to abate and remove such vehicle (or parts) as a public nuisance and assess the costs aforesaid without a public hearing. If you are not responsible for the presence of said vehicle (or parts), you may submit a written declaration under penalty or perjury within such ten-day period denying responsibility and stating your reasons for denial. Such a declaration shall be construed as a request for hearing but your presence will not be required. Otherwise you or your representative must appear at the hearing.

Notice Mailed. Postage prepaid, __________________

(Date)

Signed_____________________________________

(Code Enforcement Manager/Superintendent)

Addressed as follows:_________________________

---

_____ By__________________________________

(Ord. 08-24 11-18-08)

(1) Upon written request by registered owner of the vehicle or owner of the property being received by the City Administrator or designee within ten days after the mailing of the notices of intention to abate and remove, a public hearing shall be held by the City Administrator or designee 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 administrative costs and the property on which it is located.

(2) If the owner of the property submits a written declaration under penalty of perjury denying responsibility for the presence of the vehicle on his or her property within such ten-day period, said statement shall be construed as a request for a hearing at which the property owner's presence will not be required.

Notice of hearing shall be mailed, by United States mail, postage prepaid, at least ten days before the hearing date, to the owner of the property and to the last registered and/or legal owner of record of the vehicle; unless the vehicle is in such condition that identification numbers are not available to determine ownership.

(3) If a 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.

(4) All hearings under Section 3299 shall be held before the City Administrator or designee or such officer of his or her department as he or she shall designate, who shall hear all facts and testimony he or 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 Hearing Officer shall not be limited by technical rules of evidence.

(5) The Hearing Officer may impose such conditions and take such other action as he or she deems appropriate under the circumstances to carry out the purpose of this Article. He or she may consider the possible value of the vehicle as an antique, classic, or special interest car which should be preserved if its objectionable aspects can be overcome. He or she may order the car concealed, cleaned, or otherwise made safe and sightly, or order removal delayed if the circumstances warrant. At the conclusion of the public hearing, the Hearing Officer may find that a vehicle or parts 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 dispose of as hereinafter provided and determine the administrative costs and the cost of removal to be charged against the owner of the property. 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.

(6) It is determined at the hearing that the vehicle was placed on the property without the consent of the owner of the property and that he or she 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 such owner of the property.

(7) If the owner of the property submits a sworn statement denying responsibility for the presence of the vehicle on his or her property but does not appear, or if any interested party makes a written presentation to the City Administrator or designee but does not appear, he or she shall be notified in writing of the decision.

(Ord. 08-24 11-18-08)

Any interested party may appeal the decision of the Hearing Officer by filing a written notice of appeal with the City Clerk within five days after its decision.

Such appeal shall be heard by the City Council which may affirm, amend or reverse the order or take other action deemed appropriate.

The Clerk shall give written notice of the time and place of the hearing to those persons specified in Section 11-90.6.

In conducting the hearing, the City Council shall not be limited by the technical rules of evidence.

(Ord. 08-24 11-18-08)

Five days after adoption of the order declaring the vehicle or parts thereof to be a public nuisance or five days from the date of mailing of notice of the decision if such notice is required by Section 11-90.6(2), 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 reconstructed or made operable.

(Ord. 08-24 11-18-08)

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 places.

(Ord. 08-24 11-18-08)

If the administrative costs and the cost of removal which are charged against the owner of a parcel of land pursuant to Section 11-90.6(1) are not paid within thirty days of the order, such costs shall be assessed against the parcel of property pursuant to Section 38773.5 of the Government Code and shall be transmitted to the tax collector for collection. Said assessment shall have the same priority as other City taxes.

(Ord. 08-24 11-18-08)

It is unlawful 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 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, licensed vehicle dealer or a junkyard.

(Ord. 08-24 11-18-08)