Montclair Municipal Code Ch. 6.04 Abandoned, Dismantled and Inoperative Vehicles

In addition to and in accordance with the determination made and the authority granted by the State pursuant to the provisions of the Vehicle Code of the State 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 of the residents of the City. 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 permitted by the provisions of this chapter, is declared to constitute a public nuisance which may he abated as such in accordance with the provisions of this chapter.

(Ord. 99-791 Exh. A (part); prior code § 5-8.01)

A. The provisions of this chapter shall not apply to:

1. A vehicle, or part thereof, which is completely enclosed within an enclosure in a lawful manner where it is not visible form 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, or junk dealer, or when such storage or parking is necessary to the operation of a lawfully conducted business or commercial enterprise.

B. The provisions of this section shall not authorize the maintenance of a public or private nuisance as defined pursuant to provisions of law other than Chapter 10 (commencing with Section 22650) of Division 11 of the Vehicle Code of the State and this chapter.

(Prior code § 5-8.03)

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

(Prior code § 5-8.04)

Except as otherwise provided in this chapter, the provisions of this chapter shall be administered and enforced by the Fire Chief. In the enforcement of the provisions 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 the parts thereof, declared to be a nuisance pursuant to the provisions of this chapter.

(Ord. 99-791 Exh. A (part); prior code § 5-8.05)

When the City Council has contracted with any authorized towing service, such towing service shall be authorized to enter upon private property or public property to remove, or cause the removal of, a vehicle or part thereof, declared to he a nuisance pursuant to the provisions of this chapter.

(Ord. 99-791 Exh. A (part); prior code § 5-8.06)

The City Council shall, by resolution, determine the amount to be assessed as administrative costs. Such administrative costs shall be in addition to the actual cost of the removal of any vehicle, or part thereof. Revenue from such administrative costs shall be used for the purposes of administering the provisions of this chapter.

(Ord. 99-791 Exh. A (part): prior code § 5-8.07)

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

(Ord. 99-791 Exh. A (part); prior code § 5-8.08)

A Notice of Intention to Abate and Remove shall be mailed by registered/certified mail to both the owner of the land on which the vehicle or parts thereof are located, and to the owner of the vehicle or parts thereof, if such ownership can be determined. Such Notice of Intention to Abate shall advise the property owner and vehicle owner that the City will abate and remove the vehicle or parts thereof as a public nuisance 10 days following the mailing of said Notice of Intention, and shall advise the property owner and vehicle owner of the provisions of this chapter.

(Ord. 99-791 Exh. A (part): prior code § 5-8.09)

If a request by the owner of the vehicle or the owner of the land is received by the Fire Chief within 10 days after the mailing of the Notice of Intention to Abate and Remove, a public hearing shall be held by the Fire Chief 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 costs of removal of the vehicle, or parts of a vehicle, against the property on which it is located.

If the owner of the land submits a sworn statement, in writing, denying responsibility for the presence of the vehicle on his/her land within such 10-day period, said statement shall be considered to be a request for a hearing which does not require his/her presence. Notice of the hearing shall be mailed, by registered mail, at least 10 days prior to the date of the hearing to both 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 10 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.

(Ord. 99-791 Exh. A (part); prior code § 5-8.10)

All hearings under this chapter shall be held before the Fire Chief, who shall hear all facts and testimony he/she 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 property, public or private. The owner of the land may appear in person at the hearing or present a sworn statement, in writing, in time for consideration at the hearing, and deny responsibility for the presence of the vehicle on the land, with his reasons for such denial.

The Fire Chief may impose such conditions and take such other action as he/she deems appropriate under the circumstances to carry out the purpose of this chapter. He/she may delay the time for removal of the vehicle, or parts thereof, if in his/her opinion the circumstances justify it. The Fire Chief may find that a vehicle, or parts 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 chapter, 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.

If it is determined at the hearing that the vehicle was placed on the land without the consent of the owner of the land and that he/she has not subsequently acquiesced to its presence, the Fire Chief 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.

If the owner of the land submits a sworn statement denying responsibility for the presence of the vehicle on his/her land, but does not appear, or if an interested party makes a written presentation to the Fire Chief but does not appear, he/she shall be notified in writing of the decision.

(Ord. 99-791 Exh. A (part); prior code § 5-8.11)

Any party subject to the Notice of Abatement may appeal the decision of the Fire Chief by filing a written Notice of Appeal with the Fire Chief within five days after his/her decision.

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

The City Clerk shall give written notice of the time and place of hearing to the appellant and those persons specified in Section 6.04.080 of this chapter.

(Ord. 99-791 Exh. A (part); prior code § 5-8.12)

Five days after the adoption of the order declaring the vehicle, or part thereof, to be a public nuisance, or five days from the date of mailing of the notice of the decision, if such notice is required by the provisions of Section 6.04.100 of this chapter, or 15 days after such action of the City Council authorizing removal following an appeal, 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.

(Ord. 99-791 Exh. A (part); prior code § 5-8.13)

Within five days after the date of removal of the vehicle, or part thereof, notice shall be given to the Department of Motor Vehicles of the State identifying the vehicle, or part thereof, removed. At the same time there shall be transmitted to said Department of Motor Vehicles any evidence of registration available, including registration certificates, certificates of title, and license plates.

(Ord. 99-791 Exh. A (part); prior code § 5-8.14)

If the administrative costs and the costs of removal which are charged against the owner of a parcel of land pursuant to the provisions of Section 6.04.100 of this chapter are not paid within 30 days from 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 provisions of the California Government Code and shall be transmitted to the City Finance Director for collection. Such assessment shall have the same priority as other City taxes.

(Ord. 99-791 Exh. A (part); prior code § 5-8.15)