Livingston Municipal Code Ch. 6 Abandoned, Wrecked Vehicles

In addition to and in accordance with the determination made and the authority granted by the state under the Cal. 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.

(A) 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, 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.

(B) 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 chapter.

(Ord. 167, passed 4-30-1973)

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

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 THE 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. This term 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.

(Ord. 167, passed 4-30-1973)

(A) This chapter shall not apply to:

1. A vehicle or parts thereof which are located behind a solid fence six feet in height or which are not plainly visible from the public right-of-way; or

2. A vehicle or parts thereof which are 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 in commercially zoned districts other than the downtown commercial district, as defined in § 5-3-6 of this code, or when such storage or parking is necessary to the operation of a lawfully conducted business or commercial enterprise. Businesses of this nature operating in the downtown commercial district shall be required to store inoperable vehicles and parts thereof in such a manner that said items are not visible within line of sight of the public right-of-way.

(B) Nothing in this section shall authorize the maintenance of a public or private nuisance as defined under provisions of law other than the Cal. Vehicle Code Chapter 10 (commencing with § 22650) of Division 11 and this chapter.

(Ord. 167, passed 4-30-1973; Ord. 470, passed 9-16-1997)

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.

(Ord. 167, passed 4-30-1973)

(A) Except as otherwise provided herein, the provisions of this chapter shall be administered and enforced by the Chief of Police. In the enforcement of this chapter such officer and his or her 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 parts thereof declared to be a nuisance pursuant to this chapter.

(B) When the City Council has contracted with or granted a franchise to any person, such person shall be authorized to enter upon 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.

(C) 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 parts thereof) under this chapter.

(Ord. 167, passed 4-30-1973)

(A) Authority of Chief of Police. 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 Chief of Police shall have the authority to cause the abatement and removal thereof in accordance with the procedure prescribed herein.

(B) Notice of intention. 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 land and to the owner of the vehicle; unless the vehicle is in such condition that identification numbers are not available to determine ownership.

(C) Public hearing.

1. Upon request by the owner of the vehicle or owner of the land received by the Police Chief within ten days after the mailing of the notices of intention to abate and remove, a public hearing shall be held by the City Council 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.

2. 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 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.

(D) Exception. Upon discovering the existence of an abandoned, wrecked, dismantled or inoperative vehicle, or parts thereof, on public or private property within the city which creates an immediate or imminent threat to the safety of any individual, the Chief of Police shall have the authority to cause the immediate abatement and removal thereof.

(Ord. 167, passed 4-30-1973; Ord. 298, passed 4-1-1986)

(A) All hearings under this chapter shall be held before the City Council which shall hear all facts and testimony it 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 Council 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 Council may impose such conditions and take such other action as it deems appropriate under the circumstances to carry out the purpose of this chapter. It may delay the time for removal of the vehicle or parts thereof if, in its opinion, the circumstances justify it. At the conclusion of the public hearing, the City Council may find that a vehicle or parts thereof have been abandoned, wrecked, dismantled or are 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. If it is determined at the hearing that the vehicle was placed on the land without the consent of the owner and that he or she has not subsequently acquiesced in its presence, the City Council 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.

(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 Council but does not appear, he or she shall be notified in writing of the decision.

(Ord. 167, passed 4-30-1973)

(A) Five days after adoption of the order 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 §11-6-7 of this chapter or 15 days after such action of the governing body authorizing removal, the vehicle or parts thereof may be disposed of by removal to a scrap yard or automobile dismantler’s yard. After the vehicle has been removed, it shall not thereafter be reconstructed or made operable.

(B) 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.

(Ord. 167, passed 4-30-1973)

If the administrative costs and the cost of removal which are charged against the owner of a parcel of land pursuant to § 11-6-7 of this chapter 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 the Cal. Gov’t Code § 38773.5 and shall be transmitted to the tax collector for collection. Said assessment shall have the same priority as other city taxes.

(Ord. 167, passed 4-30-1973)

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 are 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 15 days unless such vehicle or parts thereof are 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, as referred to in § 11-6-3 of this chapter, and upon conviction thereof shall be punished as provided in § 1-4-1 of this code.

(Ord. 470, passed 9-16-1997)

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 and upon conviction thereof, shall be punished as provided in § 1-4-1 of this code.

(Ord. 167, passed 4-30-1973)