Lomita Municipal Code Ch. 2 Abatement and Removal of Abandoned or Inoperative 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 Lomita 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 health, safety and the 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.

As used in this chapter:

(a) Vehicle: The term "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.

(b) Highway: The term "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 street.

(c) Public Property: The term "public property" does not include "highway."

(a) This chapter 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, a junk dealer, or when such storage or parking is necessary to the operation of a lawfully conducted business or commercial enterprise;

(3) A vehicle or part thereof which is located behind a solid fence 6 feet in height and which is not plainly visible from a highway.

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

This chapter is not the exclusive regulation of abandoned, wrecked, dismantled or inoperative vehicles within the City of Lomita. It shall supplement and be in addition to the other regulatory codes, statutes, and ordinances heretofore or hereafter enacted by the City of Lomita, the State, or any legal entity or agency having jurisdiction.

Except as otherwise provided in this chapter, enforcement shall be administered by the city manager or his or her designee, including, but not limited to the city's community safety officers, parking enforcement officers, code enforcement officers, or the county sheriff. In the enforcement of this chapter such authorized personnel 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.

(Ord. No. 884, § 4(Exh. A), 2-17-26)

When the Lomita 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.

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.

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. Notice of hearing shall be mailed at least ten (10) days before the hearing by certified mail, with a five-day return requested, to the owner of the land as shown on the last equalized City 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. If any of the foregoing notices are returned undelivered by the United States Post Office, the hearing shall be continued to a date not less than ten (1) days from the date of such return.

Notice of hearing shall also be given to the California Highway Patrol identifying the vehicle or part thereof proposed for removal, such notice to be mailed at least ten (10) days prior to the public hearing.

All hearings under this chapter shall be held before the city manager (hereinafter called "city manager"), who shall hear all facts and testimony he 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 city manager 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 by the city manager at the hearing, and deny responsibility for the presence of the vehicle on the land, and why the city manager should not order the vehicle removed and charges levied.

The city manager 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 city manager 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 city manager 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 city manager but does not appear, he shall be notified in writing of the decision.

(Ord. No. 699, § 1, 4-2-07)

Any interested party may appeal the decision of the city manager by filing a written notice of appeal with the city manager within five (5) days after the city manager has rendered his decision.

Such appeal shall be heard by the city council, which may affirm, amend or reverse the order to take other action deemed appropriate.

The city clerk shall give written notice of the time and place of the hearing to the appellant and to those persons specified in section 8-2.08.

In conducting the hearing, the city council shall not be limited by the technical rules of evidence.

(Ord. No. 699, § 1, 4-2-07)

Five (5) days after adoption of the order declaring the vehicle or parts thereof to be a public nuisance, or five (5) days from the date of mailing of notice of the decision if such notice is required by section 8-2.10, or fifteen (15) days after 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 thereafter be reconstructed or made operable.

Within five (5) days after the date of removal of the vehicle or part 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.

If the administrative costs and the cost of removal which are charged against the owner of a parcel of land pursuant to section 8-2.10 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. Said assessment shall have the same priority as other taxes.

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 of Lomita for a period in excess of five (5) 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 otherwise stored or parked in a lawful manner on private property or lawfully parked in connection with the business of a licensed dismantler, licensed vehicle dealer, or a junkyard.