Mammoth Lakes Municipal Code Ch. 10.24 Abandoned or Inoperative Vehicles

(a) In addition to and in accordance with the determination made and the authority granted by the State under Vehicle Code § 22660 to remove abandoned, wrecked, dismantled or inoperative vehicles or parts thereof as public nuisances, the Town 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:

(1) Create a condition tending to reduce the value of private property;

(2) Promote blight and deterioration;

(3) Invite plundering;

(4) Create fire hazards;

(5) Constitute an attractive nuisance creating a hazard to the health and safety of minors;

(6) Create a harborage for rodents and insects; and

(7) Be injurious to the health, safety and general welfare.

(b) Therefore, the presence of an abandoned, wrecked, dismantled or inoperative vehicle or part thereof on private or public property, except as expressly permitted by this chapter, constitutes a public nuisance which may be abated as such in accordance with the provisions of this chapter.

(Prior Code, § 11.20.010; Code 1990, § 10.20.010; Ord. No. 89-15, § 1, 1989)

The definitions contained in Vehicle Code, Div. 1 (Vehicle Code §§ 102—681) shall govern the interpretation of the words used in this chapter, except for the following words, terms and phrases which, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Hearing officer means the Town Manager or designee.

Nuisance means as specified in Section 10.24.010, and as defined in Chapter 8.20.

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

Owner of vehicle means "owner" as that term is defined in the Vehicle Code.

Police Department also means any officer or deputy of the Town Police Department or the Code Enforcement Officer.

Public property does not include a highway.

(Prior Code, § 11.20.020; Code 1990, § 10.20.020; Ord. No. 89-15, § 1, 1989)

(a) This chapter shall not apply to:

(1) A vehicle or part thereof which is completely enclosed within a building or is enclosed by a solid approved fence six feet in height 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 a 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 Vehicle Code, §§ 22650 through 22856 (Div. 11, Ch. 10) and this chapter; except possession or control of a tow service, garage or other business and when the Vehicle Code sections do not adequately apply to the removal.

(Prior Code, § 11.20.030; Code 1990, § 10.20.030; Ord. No. 89-15, § 1, 1989)

This chapter is not the exclusive regulation of abandoned, wrecked, dismantled or inoperative vehicles within the Town. It shall supplement and be in addition to the other regulatory codes and statutes of the State or any other legal entity or agency and this Code and other Town ordinances.

(Prior Code, § 11.20.040; Code 1990, § 10.20.040; Ord. No. 89-15, § 1, 1989)

Except as otherwise provided in this chapter, the provisions of this chapter shall be administered and enforced by the Town Police Department, or the Town Code Enforcement Officer. In the enforcement of this chapter, such officer 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.

(Prior Code, § 11.20.050; Code 1990, § 10.20.050; Ord. No. 89-15, § 1, 1989)

When the Town has contracted with or granted a franchise to any person, such person shall be authorized to enter upon private or public property to remove or cause the removal of a vehicle or parts thereof declared to be a nuisance. Pursuant to Vehicle Code § 21100(g), all towing services legally operating in the Town shall be required to abate and tow any vehicle upon request from the authorized Town employee. The Town Council may, by resolution, fix the rates charged by towing services for towing or abating vehicles in the Town.

(Prior Code, § 11.20.060; Code 1990, § 10.20.060; Ord. No. 89-15, § 1, 1989)

The Town Council shall from time to time determine and fix an amount to be assessed as administrative costs.

(Prior Code, § 11.20.070; Code 1990, § 10.20.070; Ord. No. 89-15, § 1, 1989)

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

(Prior Code, § 11.20.075; Code 1990, § 10.20.080; Ord. No. 89-15, § 1, 1989)

(a) A ten-day notice of intention to abate and remove the vehicle or parts thereof, as a public nuisance shall be mailed by registered or certified mail, or hand delivered, 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. The notices of intention shall be in substantially the form approved from time to time by the Town Council, a copy of which is on file in the office of the Town Clerk.

(b) Upon request by the owner of the vehicle or owner of the land received by the Town within ten days after the mailing of the notices of intention to abate and remove, a hearing shall be held on the question of abatement and removal of the vehicle or parts thereof as a 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.

(c) If the owner of the land submits a sworn written statement denying responsibility for the presence of the vehicle on such owner's land within such ten-day period, the statement shall be construed as a request for a hearing which does not require such owner's presence. Notice of the hearing shall be mailed, by registered or certified mail or hand delivered, at least ten days before the hearing to the owner of the land and to the owner of the vehicle, unless the vehicle is such condition that identification numbers are not available to determine ownership. If such a request for hearing is not received within ten days after mailing of the notice of intention to abate and remove, the Town shall have the authority to abate and remove the vehicle or parts thereof as a public nuisance without holding a hearing.

(Prior Code, § 11.20.076; Code 1990, § 10.20.090; Ord. No. 89-15, § 1, 1989)

If the abatement officer is other than a peace officer, as that term is defined in Penal Code §§ 830 through 832.18 (Part 2, Title 3, Ch. 4.5), 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 days prior to the public hearing or abatement, whichever occurs first.

(Prior Code, § 11.20.090; Code 1990, § 10.20.100; Ord. No. 89-15, § 1, 1989)

(a) All hearings under this chapter shall be held before a hearing officer which shall hear all facts and testimony said officer deems pertinent. The facts and testimony may include testimony on the condition of the vehicle or part thereof and the circumstances concerning its location on the private or public property. The hearing officer 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 at the hearing and deny responsibility for the presence of the vehicles on the land, with the reasons for such denial; however, unless accompanied by written evidence of letters of similar efforts to remove the vehicle, such denial shall not conclusively absolve the property owner of responsibility for vehicle removal and administrative costs.

(b) The hearing officer may impose such conditions and take such other action as said officer deems appropriate under the circumstances to carry out the purpose of this chapter. Said officer may delay the time for removal of the vehicle or part thereof if, in such officer's 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. There shall be a rebuttable presumption that the vehicle is abandoned if the hearing officer finds that all the following exist: the vehicle is illegally parked; the vehicle cannot be safely operated on public streets; the vehicle is not currently registered. The hearing officer may also consider any other similar factors. The hearing officer shall prepare and mail to the vehicle owner and the owner of the land a written version of the order. Any order requiring removal shall include a description of the vehicle, if available at the site.

(c) If the owner of the land submits a sworn statement denying responsibility for presence of the vehicle on said land but does not appear, or if an interested party makes a written presentation to the hearing officer but does not appear, the owner or interested party shall be notified in writing of the decision.

(Prior Code, § 11.20.100; Code 1990, § 10.20.110; Ord. No. 89-15, § 1, 1989)

(a) Any interested party may appeal the order of the hearing officer by filing a written notice of appeal with the Town Clerk within ten days after the order.

(b) The appeal shall be reviewed by the Town Council, but the appellant shall not be entitled to de novo review. The determination of the hearing shall be upheld if supported by substantial evidence in the record taken as a whole and the decision is not arbitrary or capricious.

(c) Notwithstanding, the Town Council may affirm, amend or reverse the order of the hearing officer or take other action deemed appropriate, including remanding the matter back for further hearing.

(Prior Code, § 11.20.110; Code 1990, § 10.20.120; Ord. No. 89-15, § 1, 1989)

Ten days after the mailing of the notice of intention to abate specified in Section 10.24.090, ten days after the date of mailing of the order of the hearing officer specified in Section 10.24.100, or ten days after the action of the Town Council authorizing removal following an appeal as specified in Section 10.24.110, the vehicle or part thereof may be disposed of by removal to a scrapyard or automobile dismantler's yard. After a vehicle has been removed it shall not thereafter be reconstructed or made operable unless it is a vehicle which qualified for either horseless carriage license plates or historical vehicle license plates pursuant to Vehicle Code § 5004, in which case the vehicle may be reconstructed or made operable.

(Prior Code, § 11.20.120; Code 1990, § 10.20.130; Ord. No. 89-15, § 1, 1989)

Within five 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 of title and license plates.

(Prior Code, § 11.20.130; Code 1990, § 10.20.140; Ord. No. 89-15, § 1, 1989)

If the administrative costs and costs of removal which are charged against the owner or a parcel of land pursuant to 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 Section 1.12.060 and Government Code § 38773.1 or 38773.5 and shall be transmitted to the Tax Collector for collection. The assessment shall have the same priority as other Town taxes.

(Prior Code, § 11.20.140; Code 1990, § 10.20.150; Ord. No. 89-15, § 1, 1989)

It is unlawful and an infraction 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 any abandoned, wrecked, dismantled, or inoperative condition upon any private property or public property not, including highways, within the Town for a period in excess of 15 days unless the vehicle or part thereof is completely enclosed within a building in a lawful manner where it is not plainly visible from the street or others public or private property or is enclosed by a solid approved fence so as not to be visible from the street or other public or private property, or unless the vehicle is stored or parked in a lawful manner on private property in connection with the business of a licensed dismantler or licensed vehicle dealer.

(Prior Code, § 11.20.150; Code 1990, § 10.20.160; Ord. No. 89-15, § 1, 1989)

It is unlawful and an infraction 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 provisions of this chapter or State law where the State law is applicable.

(Prior Code, § 11.20.160; Code 1990, § 10.20.170; Ord. No. 89-15, § 1, 1989)