Needles Municipal Code Art. 13 VIII Removal Of Abandoned Vehicles

13-79 Authority 13-80 Administration 13-81 Abandoned, Wrecked, Dismantled, Inoperative Vehicles Prohibited 13-81.1 Definitions 13-82 Exception 13-83 Repealed By Ordinance No 380-AC 13-84 Removal Procedure--Notice To Owner 13-85 Public Hearing 13-86 Removed Vehicles Not To Be Reconstructed 13-87 Vehicle Disposal HISTORY Adopted by Ord. 252-AC on 11/5/1985 Amended by Ord. 380-AC on 3/15/1993 13-79 Authority

This ordinance set out in this article is made in conformance with, pursuant to, and under the authority of, the California Vehicle Code and, in particular, Section 22661 thereof.

13-80 Administration

The administration of this article shall be by the person designated by the city council by resolution. The removal of vehicles or parts thereof from land, however, may be made by any other person duly authorized by the person, designated by the city council. Any such authorized person may enter upon private property for the purposes specified in this article, to examine a vehicle or parts thereof declared to be a nuisance pursuant to this article.

13-81 Abandoned, Wrecked, Dismantled, Inoperative Vehicles Prohibited

The presence of any abandoned, wrecked, dismantled or inoperative vehicle, or parts thereof, on public or private property reasonably within public view, which is within the city limits, is unlawful and subject to the penalties set forth within this code.

13-81.1 Definitions

As used in this article, and other sections of this code related to vehicles, the terms “inoperative vehicle,” “abandoned vehicle,” “dismantled vehicle” and “wrecked vehicle” shall have the following meanings:

"Abandoned vehicle." A vehicle is abandoned is if reasonably appears that the vehicle owner has renounced his or her ownership rights.

"Inoperative vehicle." A vehicle is inoperative if it cannot be legally operated on streets or highways in California.

"Dismantled vehicle." A vehicle is dismantled if it is partially or totally taken apart or broken down to its individual parts.

"Wrecked vehicle." A vehicle is wrecked if it cannot be moved safely under its own power.

13-82 Exception

This article shall not apply to:

1. A vehicle or part thereof which is completely enclosed within a building in a lawful manner, and 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, or junkyard. This exception shall not, however, authorize the maintenance of a public or private nuisance as defined under provisions of law other than this article.

13-83 Repealed By Ordinance No 380-AC

13-84 Removal Procedure--Notice To Owner

1. There shall be issued to the owner of the land where the vehicle is located, and to the owner of the vehicle if ascertainable, a ten-day notice of intent to abate and remove the vehicle, or part thereof, as a public nuisance; provided, however, if the landowner and the vehicle owner have signed releases authorizing removal and waiving further interest in the vehicle or part thereof, such notice need not be given.
   2. The ten-day notice of intention is not required for removal of a vehicle or part thereof, if: 1. The vehicle is inoperable because of absence of motor, transmission, or wheels and is incapable of being towed; and 2. The vehicle is valued at less than two hundred dollars by a person designated to appraise vehicles by the city council, or an appraiser as that person is identified in Vehicle Code Section 22855; and 3. The vehicle is determined by the city council to be a public nuisance presenting an immediate threat to public health and safety; and 4. The landowner has signed a release authorizing removal and waiving further interest in the vehicle or part thereof.
   3. With respect to a vehicle valued at less than two hundred dollars, if evidence of registration was recovered from the vehicle or part thereof prior to final disposition thereof, the designated city employee shall mail to the registered and legal owner notice of intent to dispose of the vehicle or part. If the vehicle or part is not claimed and removed within twelve days after the notice is mailed, from a location specified in Section 13-86, final disposition may proceed.
   4. This section applies only to inoperable vehicles located upon a land parcel that is: 1. Zoned for agricultural use; or 2. Not improved with a residential structure containing one or more dwelling units.
   5. The ten-day notice of intention to abate and remove a vehicle or part thereto, when required by this section, shall contain a statement of the hearing rights of the owner of the land and of the owner of the vehicle. The notice of intention to abate shall be mailed by registered or certified mail to the owner of the land as shown on the last equalized assessment roll and to the last registered and legal owners of record unless the vehicle is in such condition that identification numbers are not available to determine ownership.

13-85 Public Hearing

1. If the vehicle owner or the owner of the land upon which such vehicle is located requests a public hearing under the provisions of this article, the hearing shall be before the city council, or any board, commissioner or official of the city that the city council may from time to time designate for that purpose. The person requesting the hearing shall do so by application to the city council within ten days after the mailing of the notice of intention to abate and remove the vehicle, or at the time of signing the release mentioned in subsection (a) of section 13-83.
   2. If the owner of the land upon which the vehicle is located submits a sworn written statement denying responsibility for the presence of the vehicle on his or her land within the ten-day period, such statement shall be construed as a request for hearing which does not require the presence of the owner submitting such request.
   3. In any event, if the city does not receive a request for a hearing, or a sworn statement, within the ten-day period, the designated person shall thereafter have the authority to remove the vehicle.
   4. The owner of the land on which the vehicle is located may appear in person at the hearing or present a sworn written statement as aforesaid, denying responsibility for the presence of the vehicle on the land and setting forth reasons for the denial. If the city council, or the appointed board, commissioner or official, determines at the hearing that the vehicle was placed on the land without the consent of the landowner and that the landowner has not subsequently acquiesced in its presence, then the city council, or the appointed board, commissioner or official, shall not assess costs of administration or removal of the vehicle against the property upon such which the vehicle is located or otherwise attempt to collect such costs form such landowner.

13-86 Removed Vehicles Not To Be Reconstructed

After a vehicle has been removed pursuant to this article, it shall not be reconstructed or made operable unless it is a vehicle which qualifies for either (a) horseless carriage license plates or (b) historical vehicle license plates, in which case the vehicle may be reconstructed or made operable.

13-87 Vehicle Disposal

The vehicles or parts thereof removed pursuant to this article may be disposed of by removal to a scrapyard, or any suitable site for processing as scrap, or other final disposition consistent with the provisions of this article and the Vehicle Code.

The city may thus make final disposition of such vehicles or parts, or transfer such vehicles or parts to another provided such disposal shall only be as scrap.