Mission Viejo Municipal Code Div. 3 Abandoned Vehicles

In addition to and in accordance with the authority granted to the city by the state under the Vehicle Code § 22660 to remove abandoned, wrecked, dismantled or inoperative vehicles or parts thereof as public nuisances, the 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 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 part thereof, on private or public property 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 division.

(Ord. No. 98-193, §§ 1—4, 10-19-98)

(a) This division 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 dismantle, licensed vehicle dealer, junk dealer, or when such 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 the Vehicle Code, ch. 10 (commencing with § 22650) of div. 11 and this division.

(Ord. No. 98-193, §§ 1—4, 10-19-98)

Except as otherwise provided in this division, the provisions of this division shall be administered and enforced by the director or his or her designee. The director, or the director's designee, may enter upon private or public property to examine a vehicle or parts thereof, or obtain information as to the identity of the vehicle and to remove or cause the removal of a vehicle or part thereof declared to be a nuisance pursuant to this division. In addition, a compliance order or administrative citation may be issued to the owner of the vehicle, for any violation of this division, pursuant to the provisions of chapter 1.02 and chapter 1.03, respectively of the Mission Viejo Municipal Code.

(Ord. No. 98-193, §§ 1—4, 10-19-98)

(a) A ten-day notice of intention to abate and remove a vehicle or part thereof as a public nuisance shall be issued, 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.

(b) For inoperable vehicles or parts thereof located on property which is (1) zoned for agricultural use or (2) not improved with a residential structure containing one or more dwelling units, the notice of intention shall not be required for removal of a vehicle or part thereof which is inoperable due to the absence of a motor, transmission, or wheels and incapable of being towed, is valued at less than $200.00 by any person designated pursuant to the Vehicle Code to make such appraisals, and is determined by the director to be a public nuisance presenting an immediate threat to public health to 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 of such a low-valued vehicle or part thereof for which evidence of registration was recovered pursuant to section 9.59.315, the director 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 12 days after notice is mailed, from a location specified in the Vehicle Code § 22662, final disposition may proceed.

(c) The notice of intention to abate 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 the owner may appear in person at the hearing or may submit a sworn written statement denying responsibility for the presence of the vehicle on the land, and the owner's reasons for such denial, in lieu of appearing. The notice shall be mailed by registered mail to the owner of the land as shown on the last equalized 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. Notice shall be deemed complete upon deposit of the notice in the United States Postal Service, registered postage prepaid, addressed to the owner, even if the addressee fails to accept the registered letter from the Postal Service.

(Ord. No. 98-193, §§ 1—4, 10-19-98)

(a) A public hearing shall be held before the director, or the director's designee, upon request for such hearing by the owner of the vehicle or the owner of the land upon which the vehicle is located. This request shall be made in writing to the director within ten days after the mailing of notice of intention to abate and remove the vehicle, or at the time of signing a release pursuant to subsections (a) or (b) of section 9.59.320.

(b) If the owner of the land on which the vehicle is located submits a sworn statement denying responsibility for the presence of the vehicle on his/her land within such time period, this statement shall be construed as a request for hearing which does not require the presence of the owner submitting such request. If such a request is not received within such period, the city shall have the authority to remove the vehicle.

(Ord. No. 98-193, §§ 1—4, 10-19-98)

(a) All hearings under this division shall be held before the director or the director's designee, which hearing officer shall hear all facts and testimony deemed 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 technical rules of evidence shall not apply. 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 the owner's reasons for such denial.

(b) 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 provided in this division.

(c) If it is determined by the hearing officer that the vehicle was placed on the land without the consent of the landowner and that the owner has not subsequently acquiesced to 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.

(d) If an interested party makes a written presentation to the hearing officer, but does not appear, said party shall be notified in writing of the decision.

(Ord. No. 98-193, §§ 1—4, 10-19-98)

Any interested party may appeal the decision of the hearing officer by filing a written notice of appeal with the hearing officer within five days after the decision. Such appeal shall be heard by the council which may affirm, amend or reverse the order or take any other action deemed appropriate. The city clerk shall give written notice of the time and place of the hearing to the appellant and those persons specified in section 9.04.330. In conducting the hearing the council shall not be limited by the technical rules of evidence. The decision of the council shall be final.

(Ord. No. 98-193, §§ 1—4, 10-19-98)

(a) An order for abatement and removal of a vehicle, made pursuant to this division, shall include a description of the vehicle or part thereof and the correct identification number and license number of the vehicle, if available.

(b) The hearing officer, or the council on appeal, may impose such conditions and take such actions as are deemed appropriate and justified under the circumstances to carry out removal of the vehicle or part thereof.

(c) Five days after adoption of the order, five days from the date of mailing of notice of the decision if such notice is required, or 15 days after such action of the council authorizing removal following appeal, the vehicle or parts thereof may be disposed of by removal to a scrap yard or automobile dismantle yard.

(d) After a vehicle has been removed it shall not thereafter by reconstructed or made operable, unless it is a vehicle which qualifies for either horseless carriage license plates or historical vehicle license plates, pursuant to the Vehicle Code § 5004, in which case the vehicle may be reconstructed or make operable.

(Ord. No. 98-193, §§ 1—4, 10-19-98)

The hearing officer, or the council on appeal, shall determine the administrative costs and cost of removal to be charged. If the administrative costs and the cost of removal are charged against the owner of a parcel of land pursuant to this division and 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 Government Code § 38773.5 and shall be transmitted to the tax collector for collection. The assessment shall have the same priority as other city taxes.

(Ord. No. 98-193, §§ 1—4, 10-19-98)

When the 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 part thereof declare to be a nuisance pursuant to this division.

(Ord. No. 98-193, §§ 1—4, 10-19-98)

Within five days after the date of removal of the vehicle or part thereof, notice shall be given to the department of motor vehicle 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.

(Ord. No. 98-193, §§ 1—4, 10-19-98)

No person shall 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 division or state law where such state law is applicable.

(Ord. No. 98-193, §§ 1—4, 10-19-98)

Neither the city nor any contractor thereof shall be liable for damage caused to a vehicle or part thereof by removal pursuant to this division.

(Ord. No. 98-193, §§ 1—4, 10-19-98)

This division 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 appropriate jurisdiction.

(Ord. No. 98-193, §§ 1—4, 10-19-98)