Lemoore Municipal Code Ch. 5 Abandoned, Inoperable 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:

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 of 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 part 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 Chapter. (1975 Code §9-17.01)

As used in this Chapter, the following words and terms shall have the meanings ascribed to them in this Section:

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.

PUBLIC PROPERTY: Does not include "highway".

VEHICLE: 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. (1975 Code §9-17.01)

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 part 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 thirty (30) days unless such vehicle or part 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. (1975 Code §9-17.15)

It shall be unlawful and a misdemeanor for any person to 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 Chapter or State law where such State law is applicable. (1975 Code §9-17.16)

A. Public Hearing: A public hearing shall be held on the question of abatement and removal of the vehicle or part 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 part thereof against the property on which it is located. (1975 Code §9-17.07)

1. Applicability: The provisions of this Chapter shall not apply to: a) a vehicle or part thereof that 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 b) a vehicle or part thereof that 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. The exception provided by this subsection A1 shall not, however, authorize the maintenance of a public or private nuisance as defined under provisions of law other than chapter 10 of division 11 of the Vehicle Code.

2. Notice: Not less than a ten (10) day notice of intention to abate and remove the vehicle or part thereof as a public nuisance shall be issued by the Chief of Police or his or her designee, 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. However, 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 two hundred dollars ($200.00) by a person specified in section 22855 of the Vehicle Code, and is determined by the local agency 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 under section 22662 of the Vehicle Code of such a low-valued vehicle or part for which evidence of registration was recovered pursuant to subsection C3 of this Section, the Chief of Police or his or her designee 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 twelve (12) days after the notice is mailed, from a location specified in section 22662 of the Vehicle Code, final disposition may proceed. This subsection A2 applies only to inoperable vehicles located upon a parcel that is: a) zoned for agricultural use, or b) not improved with a residential structure containing one or more dwelling units.

3. Hearing Rights: The ten (10) day notice of intention to abate and remove a vehicle or part thereof, when required by this subsection A, 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 he or she 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, with his or her reasons for such denial, in lieu of appearing. The notice of intention to abate 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 owners of record unless the vehicle is in such condition that identification numbers are not available to determine ownership.

4. Public Hearing: A public hearing shall be held before the Chief of Police or his or her designee upon request for such a hearing by the owner of the vehicle or the owner of the land on which the vehicle is located. This request shall be made to the Chief of Police within ten (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 A2 of this Section. If the owner of the land on which the vehicle is located submits a sworn written statement denying responsibility for the presence of the vehicle on his or her land within that time period, this statement shall be construed as a request for hearing that does not require the presence of the owner submitting the request. If the request is not received within that period, the Chief of Police or his or her designee shall have the authority to remove the vehicle.

5. Vehicle Reconstruction: After a vehicle has been removed, it shall not 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 section 5004 of the Vehicle Code, in which case the vehicle may be reconstructed or made operable.

6. Responsibility: 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 his or her reasons for the denial. If it is determined at the hearing that the vehicle was placed on the land without the consent of the landowner and that he or she has not subsequently acquiesced to its presence, then the City 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 those costs from the owner.

7. Conduct Of Hearings: Except as provided in subsection B of this Section, all hearings under this Chapter shall be held before the Chief of Police or his or her designee, 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 part thereof and the circumstances concerning its location on the said private property or public property. The hearing officer shall not be limited by the technical rules of evidence. (Ord. 9609, 12-3-1996)

8. Decisions: The hearing officer may impose such conditions and take such other 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 opinion, the circumstances justify it. At the conclusion of the public hearing, the hearing officer may find that a vehicle or part 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 parcel of land on which the vehicle or part thereof is located. The order requiring removal shall include a description of the vehicle or part thereof and the correct identification number and license number of the vehicle, if available at the site.

If it is determined at the hearing that the vehicle was placed on the land without the consent of the landowner and that he has not subsequently acquiesced in 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.

If an interested party makes a written presentation to the hearing officer but does not appear, he shall be notified in writing of the decision. (1975 Code §9-17.09; amd. Ord. 9609, 12-3-1996)

B. Appeals: Any interested party may appeal the decision of the hearing officer by filing a written notice of appeal with the said hearing officer within five (5) days after his 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 in the manner provided and to the appellant and those persons specified in subsection A of this Section. In conducting the hearing, the City Council shall not be limited by the technical rules of evidence. (1975 Code §9-17.10)

C. Removal Of Vehicles:

1. Effective Date Of Removal: Five (5) days after adoption of the order declaring the vehicle or parts thereof to be a public nuisance, five (5) days from the date of mailing of notice of the decision if such notice is required by subsection A3 of this Section or Section 6-5-3 of this Chapter, or fifteen (15) days after such action of the governing body authorizing removal following appeal, 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 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 section 5004 of the California Vehicle Code, in which case the vehicle may be reconstructed or made operable. (Ord. 9609, 12-3-1996)

2. Inventory Of Vehicle Contents: Prior to the removal of the vehicle or part thereof as provided in subsection C1 of this Section, the authorized enforcement officer shall inventory the contents of any unclaimed personal property found in any such vehicle in the presence of the owner or other person in possession of such property and shall retain and dispose of such property in the same manner as any other property found or abandoned in the City. (1975 Code §9-17.12)

3. Notice Of Removal: Within five (5) days after the date of removal of an abandoned vehicle, the Chief of Police or his or her designee shall give notice 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, certificates of ownership, or license plates. (Ord. 9609, 12-3-1996)

4. Contract For Vehicle Removal; Entry Powers: 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. (1975 Code §9-17.05)

A. Assessments Of Administrative Costs: 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 part thereof) under this Chapter. (1975 Code §9-17.06)

B. Administrative And Removal Costs, A Lien: If the administrative costs and the cost of removal which are charged against the owner of a parcel of land pursuant to subsection 6-5-4C3 of this Chapter are not paid within thirty (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. Said assessment shall have the same priority as other City taxes. (1975 Code §9-17.14)

Except as otherwise provided herein, the provisions of this Chapter shall be administered and enforced by the Chief of Police of the City. In the enforcement of this Chapter, such officer and his deputies may enter upon private or public property 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 part thereof declared to be a nuisance pursuant to this Chapter. (1975 Code §9-17.04)

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, junk dealer or when such storage or parking is necessary to the operation of a lawfully conducted business or commercial enterprise.

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. (1975 Code §9-17.02)

This Chapter 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. (1975 Code §9-17.03)