La Palma Municipal Code Art. III Abandoned, Wrecked, Dismantled or Inoperative Vehicle

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State Law reference— Removal of parked and abandoned vehicles generally, Vehicle Code § 22650 et seq.; authority of City to abate and remove abandoned, wrecked, dismantled, or inoperative vehicles from private or public property, Vehicle Code § 22660.

(a) 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 (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:

(1) 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 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.

(2) 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, is hereby declared to constitute a public nuisance which may be abated as such in accordance with the provisions of this article.

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

Highway means a way or place of whatever nature, publicly maintained and open to the use of the public for purpose of vehicular travel. The term "highway" includes street.

Owner of 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 and legal owner of record.

Public property does not include the term "highway."

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.

(Code 1975, § 17-20; Ord. No. 87-06, § 1)

(a) This article 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 § 22650 and this article.

(Code 1975, § 17-21; Ord. No. 87-06, § 1)

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.

(Code 1975, § 17-22; Ord. No. 87-06, § 1)

Except as otherwise provided herein, the provisions of this article shall be administered and enforced by the Community Development Director. In the enforcement of this article, the Community Development Director 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 article.

(Code 1975, § 17-23; Ord. No. 87-06, § 1)

When the City Council has contracted with or granted a franchise to any person or persons to remove or cause the removal of a vehicle or parts thereof declared to be a nuisance, 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 article.

(Code 1975, § 17-24; Ord. No. 87-06, § 1)

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 article, which amount shall be set as a fixed sum per vehicle removed or as a percentage of the actual cost of removal.

(Code 1975, § 17-25; Ord. No. 87-06, § 1)

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 Community Development Director shall have the authority to cause the abatement and removal thereof in accordance with the procedure prescribed herein.

(Code 1975, § 17-26; Ord. No. 87-06, § 1)

(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 mail to the owner of the property on which the vehicle is located and to the owner of the vehicle itself, 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.

(b) The 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 $200.00 by a person specified in Vehicle Code § 22855, and is determined by the City Council 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.

(Code 1975, § 17-27; Ord. No. 87-06, § 1)

(a) Upon request by the owner of the vehicle or owner of the land received by the Community Development Director within ten days after the mailing of the notices of intention to abate and remove, a public hearing shall be held by the City Manager or his or her designate 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 ten-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, by registered 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 identification numbers are not available to determine ownership. If such a request for hearing is not received within said 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.

(Code 1975, § 17-28; Ord. No. 87-06, § 1)

(a) All hearings under this article shall be held before the City Manager or his or her designate which shall hear all relevant facts and testimony. 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 or his or her designate 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 or his or her designate 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. It 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 or his or her designate 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 or his or her designate 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 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 1975, § 17-29; Ord. No. 87-06, § 1)

If the owner of the vehicle or the owner of the land is aggrieved by any decision of the City Manager or his or her designate at the hearing, he or she may appeal the decision of the City Manager or his or her designate to the City Council by filing a written notice of appeal with the City Clerk and paying a fee in the amount as established by the City Council 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 or his or her designate, and the City Council may affirm, modify or reverse the order or take other action deemed appropriate.

(Code 1975, § 17-30; Ord. No. 87-06, § 1)

Five days after the decision of the City Manager or his or her designate, 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 if such notice is required by section 26-64 or 26-65, 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 the vehicle 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 1975, § 17-31; Ord. No. 87-06, § 1)

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 1975, § 17-32; Ord. No. 87-06, § 1)

If the administrative costs and the cost of removal which are charged against the owner of a parcel of land pursuant to section 26-64 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 State law and shall have the same priority as other City taxes.

(Code 1975, § 17-33; Ord. No. 87-06, § 1)

It is unlawful and a misdemeanor for any person to abandon, park, store, or leave or permit the abandonment, parking, storing, or leaving off any licensed or unlicensed vehicle or parts thereof which is in 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 three 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 1975, § 17-34; Ord. No. 87-06, § 1; Ord. No. 2003-01, § 2)

It is 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 article or State law where such State law is applicable.

(Code 1975, § 17-35; Ord. No. 87-06, § 1)

It is unlawful to park, stop, or leave sitting for a period of time longer than 12 consecutive hours upon any public street or highway in the City, any vehicle not in a condition to be lawfully operated on the public highways.

(Code 1975, § 17-36; Ord. No. 2003-01, § 3)