Long Beach Municipal Code Ch. 10.46 Abandoned Vehicles

Footnotes:

--- (16) ---

State Law reference— Provisions on local ordinances on abandoned vehicles, Veh. C. § 22660.

In addition to and in accordance with the determination made and the authority granted by the State under Section 22660 of the California 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, 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 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 parts 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.

(Prior code § 3410.300)

The following words and phrases, when used in this Chapter, shall for the purpose of this Chapter have the meanings respectively ascribed to them in this Chapter, as follows:

A. "Highway" means away or place of whatever nature, publicly maintained and open to the use of the public for purposes of vehicular travel. Highway includes street.

B. "Owner of the land" means the owner of the land on which the vehicle, or parts thereof, is located, as shown on the last equalized assessment roll.

C. "Owner of the vehicle" means the last registered owner and legal owner of record.

D. "Public property" does not include "highway".

E. "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.

(Prior code § 3410.301)

This Chapter shall not apply to:

A. A vehicle, or parts thereof, which is completely enclosed within a building in a lawful manner where it is not visible from the street or private property; or

B. A vehicle, or parts 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.

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 California Vehicle Code and this Chapter.

(Prior code § 3410.302)

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.

(Prior code § 3410.303)

Except as otherwise provided in this Chapter, the provisions of this Chapter may be administered and enforced by the Building Official, the Director of Public Works or any other City official designated by the City Manager. In the enforcement of this Chapter, such official 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 parts thereof declared to be a nuisance pursuant to this Chapter.

(Ord. C-6114 § 1 (part), 1984; prior code § 3410.304)

When the City has contracted with or granted a franchise for vehicle towing services, such person or persons shall be authorized under direction of the designated official to enter upon private or public property and remove or cause the removal of a vehicle or parts thereof declared to be a nuisance pursuant to this Chapter.

(Ord. C-6114 § 1, (part), 1984; prior code § 3410.305)

Upon discovering the existence of an abandoned, wrecked, dismantled or inoperative vehicle, or parts thereof, on private or public property within the City, the designated official shall have the authority to cause the abatement and removal thereof in accordance with the procedure prescribed in this Chapter.

(Ord. C-6114 § 1 (part), 1984; prior code § 3410.306)

A ten (10) day notice of intention to abate and remove the vehicle, or parts thereof, as a public nuisance shall be posted on the vehicle or property mailed by certified mail to the owner of the land as shown on the latest equalized assessment roll and mailed by certified mall to the owner of the vehicle, unless the vehicle is in such condition that identification numbers are not available to determine ownership. If the owner of the property, vehicle or parts thereof is not of record, posting the vehicle or property shall suffice. The notices of intention shall be in substantially the following forms:

NOTICE OF INTENTION TO ABATE AND REMOVE AN ABANDONED, WRECKED, DISMANTLED, OR INOPERATIVE VEHICLE OR PARTS THEREOF AS A PUBLIC NUISANCE

(Name and address of owner of the land)

As owner shown on the latest equalized assessment roll of the land located at (address), you are notified that the undersigned, pursuant to Chapter 10.46 of the Long Beach Municipal Code, has determined that there exists upon this land an (or parts of an) abandoned, wrecked, dismantled or inoperative vehicle registered to ______, license number ______, which constitutes a public nuisance pursuant to the provisions of Chapter 10.46 of the Long Beach Municipal Code.

You are notified to abate this nuisance by the removal of this vehicle (or parts of a vehicle) within ten (10) days from the date of mailing of this notice. If you fail to do so, the vehicle will be removed by the City of Long Beach with the costs becoming a lien upon your property.

As owner of the land on which this vehicle (or parts of a vehicle) is located, you are notified that you may, within ten (10) days after the date of mailing of this Notice of Intention, request a public hearing. If such a request is not received by the designated official within such ten (10) day period, the designated official shall have the authority to abate and remove the vehicle (or parts of a vehicle) as a public nuisance without a public hearing. You may appear in person at any hearing requested by you or the owner of the vehicle, or, in lieu of appearing, may present a sworn written statement, provided it is received in time for consideration at the hearing, setting forth the reasons why the nuisance should not be abated by removal of the vehicle.

NOTICE OF INTENTION TO ABATE AND REMOVE AN ABANDONED, WRECKED, DISMANTLED, OR INOPERATIVE VEHICLE OR PARTS THEREOF AS A PUBLIC NUISANCE

(Name and address of last registered and/or legal owner of record of vehicle-notice should be given to both if different)

As the last registered (and/or legal) owner of record of (description of vehicle-make, license, etc.), you are notified that the undersigned pursuant to Chapter 10.46 of the Long Beach Municipal Code has determined that the vehicle (or parts of a vehicle) exists as an abandoned, wrecked, dismantled or inoperative vehicle at (described location on public or private property) and constitutes a public nuisance pursuant to the provisions of Chapter 10.46 of the Long Beach Municipal Code.

You are notified to abate the nuisance by the removal of this vehicle (or parts of a vehicle) within ten (10) days from the date of mailing of this notice.

As registered (and/or legal) owner of record of this vehicle (or parts of a vehicle), you are notified that you may, within ten (10) days after the date of mailing of this Notice of Intention, request a public hearing. If such a request is not received by the designated official within such ten (10) day period, the designated official shall have the authority to abate and remove or cause the removal of the vehicle (or parts of a vehicle) as a public nuisance without a hearing.

(Ord. C-6606 § 1, 1989; Ord. C-6114 § 1 (part), 1984; prior code § 3410.307)

A. Upon a timely request by the owner of the vehicle or owner of the land, a public hearing shall be held by the Board of Examiners, Appeals and Condemnation on the question of abatement and removal of the vehicle or parts thereof as an abandoned, wrecked, dismantled or inoperative vehicle. The designated official shall mail a notice of the hearing by certified mail, at least ten (10) 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.

B. If such a request for hearing is not received within said ten (10) days after the date of mailing of the notice of intention to abate and remove, the City shall have the authority to abate and remove or cause the removal of the vehicle or parts thereof as a public nuisance without holding a public hearing.

C. All hearings under this Chapter shall be held before the Board of Examiners, Appeals and Condemnation 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 private or public property. The Board shall not be limited by the technical rules of evidence. The owner of the land and the owner of the vehicle may appear in person at the hearing or submit a sworn written statement in time for consideration at the hearing on the question of abatement and removal of the vehicle or parts thereof as an abandoned, wrecked, dismantled or inoperative vehicle.

D. The Board of Examiners, Appeals and Condemnation 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 Board of Examiners, Appeals and Condemnation may find that a vehicle or parts thereof have 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 Chapter. 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. The decision of the Board of Examiners, Appeals and Condemnation shall be final.

E. If the owner of the land or the vehicle does not appear at the hearing, or if an interested party makes a written presentation to the Board but does not appear, he shall be notified in writing of the decision.

(Ord. C-7098 § 10, 1993; Ord. C-6114 § 1 (part), 1984; prior code § 3410.308)

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 this Chapter, the vehicle or parts thereof may be disposed of by removal to a scrapyard or automobile dismantler's yard.

(ORD-16-0028 § 4, 2016; Prior code § 3410.309)

Within five (5) 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.

(Prior code § 3410.310)

If any owner served with a notice to remove a vehicle fails to remove the vehicle from his lot within the time stated in the notice, or order of the Board of Examiners, Appeals and Condemnation after appeal, he shall be deemed to have consented to such removal by the Building Official who shall then be authorized, and it shall be his duty, to enter upon the lot involved and remove the vehicle.

(Ord. C-6606 § 2 (part), 1989)

If any owner served with a notice to remove a vehicle fails to remove the vehicle from his lot within the time stated in the notice, or order of the Board of Examiners, Appeals and Condemnation after appeal, all incidental enforcement costs incurred by the City in connection therewith shall be charged to and become an indebtedness of the owner of the land as well as a lien upon the affected property whether or not the vehicle is later removed by the City, the owner or by others, except as provided below. "Incidental enforcement costs" include, but are not limited to, the actual expenses and costs of the City in investigating the property, obtaining title information, preparing notices, and performing inspections. Incidental enforcement costs shall not be charged to, nor become an indebtedness of, a property owner who is head of a low-income household (defined to be a household earning less than eighty percent (80%) of the County median income).

(Ord. C-7098 § 18, 1993)

The Building Official shall, after completing the removal of a vehicle from any lot or whenever the work was accomplished by the owner after the established deadline, compute all expenses so incurred by the City in connection with the removal, including the applicable processing fees as set forth by City Council resolution and all incidental enforcement costs. All expenses shall be charged to and become an indebtedness of the owner of such premises, except that incidental enforcement costs shall not be included in the levy for a property owned by a head of a low-income household (defined to be a household earning less than eighty percent (80%) of the County median income).

(Ord. C-7098 § 11, 1993; Ord. C-6606 § 2 (part), 1989)

Upon computing the expenses, the Building Official shall serve upon the owner of the property, as determined from the current assessment roll, and in the same manner as provided for service of the notice to remove vehicle, a notice to pay vehicle removal levy (sometimes referred to in this Chapter as notice to pay), which notice shall be in substantially the following form:

NOTICE TO PAY VEHICLE REMOVAL LEVY

In accordance with the provisions of Chapter 10.46 of the Long Beach Municipal Code, the Building Official has caused the abandoned, wrecked, dismantled or inoperative vehicle registered to _______ and having license number _______ located on property at _____

_____

_____ (legal) AKA _____ (address)

To be removed at City expense.

You are notified that the total costs of _______ are now due and payable to the City of Long Beach.

Section 10.46.150 of the Long Beach Municipal Code provides, in part, that the property owner or any person having an interest in the matter may demand a hearing within fifteen (15) days of this notice before the Board of Examiners, Appeals and Condemnation on the reasonableness of the charges. Such demand shall be in writing, flied with the Building Official and shall describe the property involved, the reasons for objecting, the name, address and interest of the applicant.

If no hearing is demanded, this payment shall become delinquent thirty (30) days from this notice and a lien for that amount, plus a fee for preparation of the lien shall be attached to the affected property and thereafter bear interest at the rate of twelve percent (12%) per annum until paid. An additional fee will be incurred if that payment is not received before the end of the fiscal year (June 30th) and transfer of collection to the Tax Collector becomes necessary.

(Ord. C-6606 § 2 (part), 1989)

A. Within fifteen (15) days from the date of the notice to pay, the property owner, or any person having an interest in the matter may demand a hearing on the reasonableness of such charges. The demand shall be in writing and filed with the Building Official. It shall describe the property involved, the reasons for objecting, and the address of the applicant for service of notices in connection with such hearing.

B. The Building Official shall set a date for hearing such protest by the Board of Examiners, Appeals and Condemnation within a reasonable time. The Building Official shall send written notice of such hearing to the person whose name appears on the current equalized assessment roll as the owner of the premises involved. Such service may be made either by personal delivery of the notice or by depositing it in the United States mail, postage prepaid, as certified, first class mail, return receipt requested, addressed to the owner at the most recent address appearing on the assessment roll, or if no address appears on the roll, such service may be made by posting the notice in a conspicuous place upon the property. Proof of the service of the notice shall be made by affidavit of the person making the service, and the affidavit shall be sufficient for all purposes.

C. At the time set for such hearing, the Board shall hear all evidence pertinent to the reasonableness of such charges and shall then either confirm or modify the charges. The decision of the Board shall be final.

D. A copy of the Board's determination shall be served by mail upon the owner of the affected premises. Service shall be completed at the time of its deposit in a receptacle maintained by the United States Postal Service, with postage fully prepaid.

(Ord. C-6606 § 2 (part), 1989)

If the amount of the charges as determined by the Board of Examiners, Appeals and Condemnation has not been paid within thirty (30) days of its decision, the payment shall become delinquent and a lien against the real property, and the amount so determined shall thereafter bear interest at the rate of twelve percent (12%) per annum until paid. If no hearing is demanded on the reasonableness of the charges, the payment shall become delinquent and a lien against the real property thirty (30) days after the notice of the charge for abatement is served by the Building Official; and such amount shall thereafter bear interest at the rate of twelve percent (12%) per annum until paid.

(Ord. C-6606 § 2 (part), 1989)

The Building Official shall certify a list of all delinquent charges for vehicle removal or nuisance abatement to the City Treasurer who shall submit the list to the City Council for confirmation. Each parcel of property shall be described sufficiently to identify it in accordance with the records of the County Tax Collector. The amount of the charges including such interest as has accrued after the delinquent date to July 1st of the year shall be set forth opposite the description by the City Treasurer.

(Ord. C-6606 § 2 (part), 1989)

Upon receipt of the list, the County Tax Collector shall enter the charges shown thereon for each parcel of property upon the current tax roll and shall proceed to collect the charges in the same manner as ad valorem taxes, and penalties and interest for nonpayment thereafter shall attach as though the amounts were ad valorem taxes; provided, however, that no receipt for payment of ad valorem taxes appearing upon the tax roll as against a particular parcel shall be issued unless all such charges for collection for lot cleaning, vehicle removal, correction of substandard conditions or nuisance abatement, and penalties thereon, entered upon that tax roll against the lot are first paid in full.

(Ord. C-6606 § 2 (part), 1989)

Upon the sale of any lot to the State for nonpayment of taxes, all charges for lot cleaning, vehicle removal, correction of substandard conditions or nuisance abatement for the parcel appearing upon the tax roll, together with the penalties thereon, shall be added to and become a part of the same delinquent tax record.

(Ord. C-6606 § 2 (part), 1989)

No certificate of redemption from sale for delinquent taxes shall be issued until all charges for lot cleaning, vehicle removal, correction of substandard conditions and nuisance abatement, and penalties entered on the delinquent tax records against the property involved, have first been paid in full.

(Ord. C-6606 § 2 (part), 1989)

A. The Building Official may, prior to certifying any unpaid charges to the City Treasurer, correct any errors with respect to such levies appearing upon his records.

B. After such levies have been certified to the City Treasurer and confirmed by the City Council, the Council, by order entered on its minutes, may cancel any charges for lot cleaning, vehicle removal, correction of substandard conditions or nuisance abatement, or penalty, or any portion of such charges or penalty appearing on the tax records, which, because of error, is charged against the wrong property, or which has been paid but such payment has not been recorded upon the tax records, or which is based upon a clerical error in such records, or which was charged against property acquired subsequent to the lien date by the United States, by the State, or any City, or any school district or other political subdivision and, because of this public ownership, not subject to sale for delinquent assessment.

(Ord. C-6606 § 2 (part), 1989)