La Verne Municipal Code Ch. 10.52 Abandoned Vehicles

Note: Prior code history: prior code Sections 4450, 4450.01, 4450.02, 4450.03, 4451, 4451.01, 4451.02, 4451.03, 4451.04, 4451.05, 4451.06, 4451.10, 4451.11, 4460, 4461, 4462, 4463 and 4464.

In addition to and in accordance with the determination made and the authority granted by the state under Section 22660 of the Vehicle Code to remove abandoned, wrecked, dismantled or inoperative vehicles or parts thereof as public nuisances, the city council makes 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, 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 health and safety of minors, to create a harborage for rodents and insects and to be injurious to the health and safety and general welfare. Therefore, the presence of an abandoned, wrecked, dismantled or inoperative vehicle or part thereof, on private or public property, not including highways, except as expressly permitted in this chapter, is declared to constitute a public nuisance which may be abated as such in accordance with the provisions of this chapter.

(Ord. 891 § 1, 1996)

As used in this chapter:

"Abandoned vehicle"

means any abandoned, wrecked, dismantled or inoperative vehicle or part thereof.

"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 streets and alleys.

"Inoperative vehicle"

means any vehicle or parts thereof which is physically incapable of movement under its own power, or which lacks wheels, tires, doors, windshield, or any other part or equipment necessary to operate safely on a highway, or which is not currently licensed for use on highway.

"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 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.

(Ord. 891 § 1, 1996)

This chapter shall not apply to:

A. A vehicle or part 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;

B. A vehicle or part 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;

C. A vehicle or parts thereof, which is located behind a solid fence six feet in height or which vehicle is not plainly visible from a highway or adjacent private properties.

(Ord. 891 § 1, 1996)

No person shall keep, store, or otherwise permit on a lot or parcel any abandoned or inoperative vehicle within plain view from a highway or a private road.

(Ord. 891 § 1, 1996)

Every person violating any provision of this chapter is guilty of an infraction as provided in Section 1.04.100 of this code.

(Ord. 891 § 1, 1996)

This chapter is not the exclusive regulation of abandoned or inoperative vehicles within the city. It shall supplement and be in addition to the other regulatory codes, statutes and ordinances heretofore or here-after enacted by the city, state, or any other legal entity or agency having jurisdiction.

(Ord. 891 § 1, 1996)

Except as otherwise provided in this chapter, the provisions of this chapter shall be administered by the chief of police. In the enforcement of this chapter, such officer and/or his or her designees may enter upon private or public property in keeping with provisions of this chapter to examine a vehicle or parts thereof, or obtain information as to the identity of the vehicle and to remove or cause the removal of a vehicle or part thereof declared to be a nuisance pursuant to this chapter.

(Ord. 891 § 1, 1996)

When the city 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.

(Ord. 891 § 1, 1996)

Upon discovering the existence of an abandoned or inoperable vehicle on private or public property within the city, a hearing officer as designated by the city manager shall have the authority to cause the abatement and removal thereof through city forces and/or private contract in accordance with the procedure described herein.

(Ord. 891 § 1, 1996)

The procedure for the abatement of abandoned, wrecked, dismantled or inoperative vehicles, or parts hereof, shall be in accordance with the following:

A. Notice of Intention to Abate. A ten-day notice of intention abate and remove the vehicle as a public nuisance shall be mailed by certified mail to both the owner and current occupant at the property address 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. However, the notice of intention is not required for removal of a vehicle or part thereof that is located on a parcel zoned for agricultural use and inoperable due to the absence of a motor, transmission, or wheels and incapable of being towed, is valued at less than two hundred dollars by a police officer designated by the chief of police and is determined by the police department 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, pursuant to Vehicle Code Section 22662, of such a low-valued vehicle or part for which evidence of registration was recovered the police 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 ten days after the notice is mailed, from a location specified in the notice, the final disposition may proceed. The notices of intention shall be in substantially the following form:

(Ord. 891 § 1, 1996)

A. Upon request by the owner of the land and/or owner of the vehicle within ten days of the date of the notice of intent, a public hearing shall be held by the city manager or his or her designee on the question of abatement and removal of the vehicle as an abandoned or inoperative vehicle, and the assessment of all associated costs and the cost of removal of the vehicle or parts thereof shall be assessed against the property on which it is located.

B. If the owner of the land submits a sworn written statement denying responsibility of the presence of the vehicle on his or her land within said ten day period of the date of the notice of intent, the 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 certified 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 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. 891 § 1, 1996)

A. All hearings under this chapter shall be held before the city manager or his or her designee who shall hear all facts and testimony he deems pertinent; such facts and testimony on the condition of the vehicle or part thereof and the circumstances concerning its location on the private or public property. The city manager or his or her designee shall not be limited by the technical rules of evidence. The owner of the land on which the vehicle is located may appear in person at the hearing or present a 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. The city manager or his or her designee may impose such conditions and take such action as he deems appropriate under the circumstances to carry out the purpose of this chapter. He may delay the time for removal of the vehicle or part 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 designee may find that the vehicle or part thereof has been abandoned, wrecked, dismantled or is inoperative on private or public land and order the same removed from the property as a public nuisance and disposed of as provided in this chapter, and determine all associated costs including the cost of removal to be charged against the owner of the parcel of land on which the vehicle or part thereof is located. The order requiring the removal shall include a description of the vehicle or part thereof and the correct identification number of the vehicle if available at the site.

B. If it is determined at the hearing that the vehicle was placed on the land without the consent of the land owner and that he has not subsequently acquiesced to its presence, the city manager or his or her designee shall not assess cost 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 landowner.

C. 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 or his or her designee but does not appear, he shall be notified in writing of the decision.

D. The decision of the city manager or his or her designee shall be final.

(Ord. 891 § 1, 1996)

After adoption of the order declaring the vehicle or parts thereof to be a public nuisance, the vehicle or parts thereof shall be disposed of by removal to a scrapyard or automobile dismantler's yard. After a vehicle has been removed, it shall not be reconstructed or made operable, unless it is a vehicle which qualifies for either horseless carriage license plates or historical vehicle license plates, pursuant to Section 5004 of the California Vehicle Code, in which case the vehicle may be reconstructed or made operable.

(Ord. 891 § 1, 1996)

Within five days after the date of removal of a vehicle, notice shall be given to the Department of Motor Vehicles, identifying the vehicle or part thereof and any evidence of registration available, including, but not limited to, the registration card, certificates of ownership, or license plates.

(Ord. 891 § 1, 1996)

A. Except as otherwise provided, the provisions of this chapter shall be administered and enforced by the chief of police or his or her designee and the city manager or his or her designee.

B. Any authorized official or employee of the city may enter upon private property for the purposes specified in this chapter to examine a vehicle or parts thereof, obtain information as to the identity of a vehicle, and remove or cause the removal of a vehicle or part thereof declared to be a nuisance pursuant to this chapter.

(Ord. 891 § 1, 1996)