Irvine Municipal Code Ch. 2 Automobiles

Footnotes:

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Cross reference— Vehicular traffic and parking regulations, § 6-3-501 et seq.

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

Abandoned, wrecked, dismantled or inoperative vehicles: Any vehicle that is found in the following condition:

(1) Mechanically incapable of being safely driven;

(2) Not fully assembled;

(3) Deflated or missing tires, or supported by blocks, jacks or similar supports;

(4) Missing a significant part;

(5) Incapable of being driven on a public street or highway under applicable California law or regulations including regulations relating to license plates, registration under Vehicle Code section 4000, and equipment and safety issues; or

(6) Indicia of being stored, such as cobwebs, and/or accumulation of dirt, trash, debris in, on, or under the vehicle.

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.

Owner of land: 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: The last registered owner and legal owner of record.

Public property: Does not include "highway."

Vehicle: A device by which any person or property may be propelled, moved or drawn upon the highway, except a device used exclusively upon stationary rails or tracks. For the purposes of this section, the term "vehicle" shall include any trash or garbage receptacle or container that possesses one or more wheel(s) and is capable of being pushed or pulled upon those wheels either by human effort or with the assistance of some motorized vehicle or device.

(Code 1976, § IV.J-201; Ord. No. 88, § 1, 11-27-73; Ord. No. 81-13, § 3, 11-24-81; Ord. No. 19-12, Exh. A, 8-13-19)

A. In addition to and in accordance with the determination made and the authority granted by the State of California 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.

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

(Code 1976, § IV.J-202; Ord. No. 88, § 2, 11-27-73)

A. The provisions of this chapter 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, 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 Vehicle Code, div. 11, ch. 10 (Vehicle Code § 22650 et seq.) and this chapter.

(Code 1976, § IV.J-203; Ord. No. 88, § 3, 11-27-73)

The provisions of this chapter are 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.

(Code 1976, § IV.J-204; Ord. No. 88, § 4, 11-27-73)

Except as otherwise provided herein, the provisions of this chapter shall be administered and enforced by the Director of Public Safety. In the enforcement of this chapter, the Director of Public Safety and his or her authorized agents may enter upon private or public property to examine a vehicle, or parts thereof, to obtain information as to the identification of the vehicle and to remove or cause the removal of a vehicle, or parts thereof, declared to be a nuisance pursuant to this chapter.

(Code 1976, § IV.J-205; Ord. No. 88, § 5, 11-27-73)

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 chapter.

(Code 1976, § IV.J-206; Ord. No. 88, § 6, 11-27-73)

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 any parts thereof) under this chapter, which amount shall be set as a fixed sum per vehicle removed or as a percentage of the actual cost of removal.

(Code 1976, § IV.J-207; Ord. No. 88, § 7, 11-27-73)

A. No person shall maintain or allow to exist on any property within the City an abandoned, wrecked, dismantled or inoperative vehicle, or parts thereof, within public view.

B. Upon discovering the existence of an abandoned, wrecked, dismantled or inoperative vehicle, or parts thereof, on any property within the City and within public view, the City shall have the authority to cause the abatement and removal thereof in accordance with the procedure prescribed herein.

C. Notwithstanding anything to the contrary herein, the City is authorized to take any action authorized by law to address a violation of this chapter.

(Code 1976, § IV.J-208; Ord. No. 88, § 8, 11-27-73; Ord. No. 19-12, Exh. A, 8-13-19)

A. For inoperable vehicles located on a parcel zoned for agriculture or a parcel not improved with a residential structure containing one or more dwelling units, a 10-day notice of intention to abate and remove the vehicle, or parts thereof, as a public nuisance shall be mailed 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. Such notice is not required if the owner of the vehicle has signed releases authorizing removal and waiving further interest in the vehicle or parts thereof.

B. A notice of intention is not required for removal of a vehicle or part thereof that is inoperable due to the absence of a motor, transmission, or wheels and incapable of being towed, is valued at less than $200 by a person specified in Vehicle Code § 22855, and is determined by the City 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 of such a low-valued vehicle or part for which evidence of registration was recovered pursuant to Section 4-11-216, the City shall provide notice to the registered and legal owners of intent to dispose of the vehicle or part, and if the vehicle or part is 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 or contractor thereof shall be liable for damage caused to a vehicle or part thereof by removal pursuant to this section.

C. The notices of intention shall be in substantially the following form:

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 Ordinance No. _____of the City of Irvine, 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 No. _____ of the City of Irvine. You hereby are 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 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 hereby are 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 Council within such 10-day period, the Director of Public Safety 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. :b1; Notice mailed __________ (date) __________ Director of Public Safety

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 hereby are notified that the undersigned, pursuant to Ordinance No. _____ of the City of Irvine, 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 No. _____ of the City of Irvine.

You hereby are notified to abate said nuisance by the removal of said vehicle (or said parts of vehicle) within 10 days from the date of the mailing of this notice.

As registered (and/or legal) owner of record of said vehicle (or said parts of a vehicle), you hereby are notified that you may, within 10 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 10-day period, the building superintendent shall have the authority to abate and remove said vehicle (or said parts of a vehicle) without a hearing.

Notice mailed __________(date) __________ Director of Public Safety

(Code 1976, § IV.J-209; Ord. No. 88, § 9, 11-27-73; Ord. No. 19-12, Exh. A, 8-13-19)

A. Upon request by the owner of the vehicle or owner of the land received by the Director of Public Safety within 10 days after the mailing of the notices of intention to abate and remove, a public hearing shall be held by the City Manager 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 or her land within such 10-day period, said statement shall be construed as a request for a hearing which does not require his or her presence. Notice of the hearing shall be mailed, at least 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 said 10 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.

(Code 1976, § IV.J-210; Ord. No. 88, § 10, 11-27-73; Ord. No. 19-12, Exh. A, 8-13-19)

A. All hearings under this chapter shall be held before the City Manager, 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 City Manager 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 or her reasons for such denial.

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

(Code 1976, § IV.J-211; Ord. No. 88, § 11, 11-27-73)

If the owner of the vehicle or the owner of the land is aggrieved by any decision of the City Manager at the hearing, he or she 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 an amount as established by resolution of the City Council which may be amended from time-to-time, within five 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.

(Code 1976, § IV.J-212; Ord. No. 88, § 12, 11-27-73)

Five days after the decision of the City Manager, or the City Council if appealed, declaring the vehicle or parts thereof to be a public nuisance, or five days from the date of mailing of notice of the decision of such notice as required by this chapter, the vehicle or parts thereof may be disposed of by removal to a scrapyard or automobile dismantler's yard. 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 § 5004, in which case the vehicle may be reconstructed or made operable.

(Code 1976, § IV.J-213; Ord. No. 88, § 13, 11-27-73)

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.

(Code 1976, § IV.J-214; Ord. No. 88, § 14, 11-27-73)

If the administrative costs and the cost of removal which are charged against the owner of a parcel of land pursuant to Section 4-11-213 or 4-11-214 are not paid within 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 Government Code § 38773.5 and shall be transmitted to the tax collector for collection. Said assessment shall have the same priority as other City taxes.

(Code 1976, § IV.J-215; Ord. No. 88, § 15, 11-27-73)

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 property or public property, not including highways, within the City for a period in excess of 10 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.

(Code 1976, § IV.J-216; Ord. No. 88, § 16, 11-27-73)

It shall be unlawful and a misdemeanor 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 chapter or State law where such State law is applicable.

(Code 1976, § IV.J-217; Ord. No. 88, § 17, 11-27-73)

A. It shall be unlawful for any person to operate any motorcycle, motor driven cycle, mini bike, 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.

B. 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.

C. Provided further that this prohibition shall not apply to a public officer or employee acting within the course and scope of his or her employment.

D. 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.

(Code 1976, § IV.J-218; Ord. No. 27, § 38.051, 4-17-72)

It shall be unlawful for any person to operate a vehicle referred to in Section 4-11-221 of this Code in such a manner as is reasonably likely to disturb the peace or quiet of any neighborhood or person by reason of noise, dust, smoke or fumes.

(Code 1976, § IV.J-219; Ord. No. 27, § 38.052, 4-17-72)