Lake Forest Municipal Code Art. III Abandoned Vehicles

In addition to and in accordance with the authority granted to the City 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 the following findings and declarations:

The accumulation and storage of abandoned, wrecked, dismantled or inoperative vehicles or parts thereof on private or public property 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 a nuisance creating a hazard to the health and safety of minors, to create a harborage for rodents and insects and to be injurious to the health, safety and general welfare of the public. Therefore, the presence of an abandoned, wrecked, dismantled or inoperative vehicle or parts thereof, on private or public property except as expressly permitted in this article, is declared to constitute a public nuisance which may be abated as such in accordance with the provisions of this article.

(Ord. 171 § 1, 2007)

A. This article shall not apply to:

1. 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; or

2. 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, 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 Chapter 10 (commencing with Section 22650) of Division 11 of the Vehicle Code and this chapter.

(Ord. 171 § 1, 2007)

Except as otherwise provided in this article, the provisions of this article shall be administered and enforced by the Director. The Director/designee may enter upon private or public property to examine a vehicle or parts thereof, or obtain information as to the identity of the vehicle and its owner and to remove or cause the removal of a vehicle or part thereof declared to be a public nuisance pursuant to this article, provided that a warrant authorizing such entry has been obtained.

(Ord. 171 § 1, 2007)

A. A 10 day notice of intention to abate and remove a vehicle or part thereof as a public nuisance shall be issued, unless the property owner and the owner of the vehicle have signed releases authorizing removal and waiving further interest in the vehicle or parts thereof.

B. For inoperable vehicles or parts thereof located on property which are:

1. Zoned for agricultural use; or

2. Not improved with a residential structure containing one or more dwelling units.

C. The notice of intention to abate shall contain a statement of the hearing rights of the owner of the property on which the vehicle is located and of the owner of the vehicle. The statement shall include notice to the property owner that the owner may appear in person at a hearing or may submit a sworn written statement denying responsibility for the presence of the vehicle on the land, and the owner's reasons for such denial, in lieu of appearing. The notice shall be mailed, by registered or certified mail, to the owner of the land as shown on the last equalized assessment roll and to the last registered and legal owner of record of the vehicle unless the vehicle is in such condition that identification numbers are not available to determine ownership. The service is complete at the time of such deposit.

D. The notice shall be substantially in the following form:

(Ord. 171 § 1, 2007)

A. A hearing shall be held before the Hearing Officer upon request for such hearing by the owner of the vehicle or the owner of the land upon which the vehicle is located. This request shall be made in writing to the Director within 10 days after the mailing of notice of intention to abate and remove the vehicle, or at the time of signing a release pursuant to subsection (A) or (B) of Section 6.14.204.

B. If the owner of the land on which the vehicle is located submits a sworn statement denying responsibility for the presence of the vehicle on his/her land within such time period, this statement shall be construed as a request for hearing which does not require the presence of the owner submitting such request. If such a request is not received within such period, the City shall have the authority to remove the vehicle.

(Ord. 171 § 1, 2007)

A. All hearings under this article shall be held before the Hearing Officer in accordance with the procedures set forth in Chapter 1.12 of this Code. The facts and testimony may include testimony on the condition of the vehicle or parts thereof and the circumstances concerning its location on the private or public property. The technical rules of evidence shall not apply. The owner of the land on which the vehicle is located may appear in person at the hearing or present a sworn written statement denying responsibility for the presence of the vehicle on the land, with the owner's reasons for such denial.

B. At the conclusion of the 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 disposed of as provided in this article.

C. If it is determined by the Hearing Officer that the vehicle was placed on the land without the consent of the landowner and that the owner has not subsequently acquiesced to its presence, the Hearing Officer shall not assess 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 landowner.

D. If an interested party makes a written presentation to the Hearing Officer, but does not appear, said party shall be notified in writing of the decision within five days of such decision by the Hearing Officer by certified or registered mail. In the event said certified or registered mail is returned unclaimed, the notice shall be mailed by regular first-class mail postage prepaid.

(Ord. 171 § 1, 2007)

A. An order for abatement and removal of a vehicle, made pursuant to this article, shall include a description of the vehicle or parts thereof and the correct identification number and license number of the vehicle, if available.

B. The Hearing Officer may impose such conditions and take such actions as are deemed appropriate and justified under the circumstances to carry out removal of the vehicle or parts thereof.

C. Five days after adoption of the order, five days from the date of mailing of notice of the decision if such notice is required the vehicle or parts thereof may be disposed of by removal under authority of a duly issued judicial abatement order to a scrapyard or automobile dismantler's yard.

D. After a vehicle has been removed, it shall not thereafter 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 Vehicle Code, in which case the vehicle may be reconstructed or made operable.

(Ord. 171 § 1, 2007)

The Hearing Officer, or the City Council on appeal, shall determine the administrative costs and cost of removal to be charged. If the administrative costs and cost of removal are charged against the owner or a parcel of land pursuant to this article and are not paid within 30 days of the date of the order, or the final disposition of an appeal therefrom, such costs shall be assessed against the parcel of land pursuant to Section 38773.5 of the Government Code and shall be transmitted to the Tax Collector for collection. The assessment shall have the same priority as other taxes.

(Ord. 171 § 1, 2007)

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 article.

(Ord. 171 § 1, 2007)

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 part 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.

(Ord. 171 § 1, 2007)

No person shall fail or refuse to remove an abandoned, wrecked, dismantled or inoperative vehicle or part 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.

(Ord. 171 § 1, 2007)

Neither the City nor any contractor thereof shall be liable for damage caused to a vehicle or part thereof by removal pursuant to this article.

(Ord. 171 § 1, 2007)

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 appropriate jurisdiction.

(Ord. 171 § 1, 2007)