10.52 of the Newport Beach Municipal Code.

You are hereby notified to abate the nuisance by removal of the vehicle (or parts) within ten (10) days from the date on which this notice was mailed. As registered (and/or legal) owner of record of the vehicle (or parts), you may, within ten (10) days from the date this notice was mailed, request a public hearing. Your request should be sent to ____ (name and title of designated official) at ________ (address of official). If this request is not received by the designated official within this ten (10) day period, the City shall have the authority to remove the vehicle (in parts) without a hearing. You may attend the hearing in person, or you may submit a sworn statement stating the reasons why the nuisance should not be abated by removal of the vehicle. Notice Mailed:____ Date:____ Signature: ________ (designated official)

(Ord. 86-13 § 1 (part), 1986)

The City shall have the authority to abate and remove the vehicle, or parts thereof, as a public nuisance without holding a public hearing if:

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City of Newport Beach, CA § 10.52.045 OFFENSES AND NUISANCES § 10.52.055

A. No request for hearing or sworn statement denying responsibility for the presence of the vehicle is received within ten days after the date of mailing of the notice of intention; or

B. A vehicle, or part thereof, is inoperable due to the absence of a motor, transmission, or wheels, is incapable of being towed, is located on property that is either zoned for agricultural use or which contains no dwelling units, is valued at less than two hundred dollars ($200.00) by a person specified in California Vehicle Code Section 22855, has been determined by the City Council to be a public nuisance presenting an immediate threat to the public health or safety and the property owner has signed a release authorizing removal of, and waiving further interest in, the vehicle or part thereof, and no request for hearing was made by the registered or legal owner of the vehicle at the time the release was signed. The vehicle or part shall be disposed of pursuant to the provisions of California Vehicle Code Sections 22661 and 22662; or

C. The registered and/or legal owner of the vehicle or part, and the owner of the property on which the vehicle or part is located, have signed releases authorizing removal of, and waiving further interest in, the vehicle or part and neither the owner(s) of the vehicle nor the property owner made a request for hearing at the time the releases were signed. (Ord. 86-13 § 1 (part), 1986; Ord. 2023-22 § 470, 2023)

A. Upon a timely request for hearing, a public hearing shall be held by and before the City Manager. The City Manager shall mail notice of the hearing, specifying the date, time and location of the hearing, by certified mail, at least ten (10) days prior to the hearing, to the owner of the land and to the owner(s) of the vehicle unless the vehicle is in such condition that identification numbers are not available to determine ownership. The City Manager shall hear and receive all facts, evidence and testimony pertinent to the status and condition of the vehicle or parts, the circumstances surrounding its presence on private or public property, any facts which may render provisions of this chapter inapplicable to the vehicle or parts, the appropriate conditions that should be attached to an order for abatement, and the responsibility, if any, of the land owner for the cost of removal and the administrative proceedings. The City Manager shall not be limited by the technical rules of evidence. The owner of land, and the owner(s) of the vehicle may appear in person at the hearing, may appear by representatives, or may submit a sworn written statement prior to the hearing.

B. City Manager may impose such conditions, or take such action, as the City Manager deems
appropriate under the circumstances to carry out the purposes of this chapter. The City
Manager may delay the time for removal of the vehicle or parts.

C. The City Manager shall determine if the vehicle, or part, constitutes a public nuisance as
provided in this chapter and upon such determination shall enter an order directing the
vehicle or part to be removed from the property and disposed of as provided in this chapter.
The order requiring removal shall include a description of the vehicle or parts, the correct
identification number and license number of the vehicle, if available, and the location of
the property on which the vehicle or part is located. Written notice of the decision shall be
given by certified mail to each owner of land, vehicle or part that does not appear at the
hearing and to any interested party that makes a written presentation, but does not appear.
(Ord. 86-13 § 1 (part), 1986; Ord. 2023-22 § 471, 2023)

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City of Newport Beach, CA § 10.52.055 NEWPORT BEACH CODE § 10.52.065

Five days after adoption of the order declaring the vehicle or parts to be a public nuisance, or five days from the date of mailing of the notice of decision, if notice is required by this chapter, the vehicle or parts may be removed and disposed of as provided by law. After a vehicle has been removed, it shall not thereafter be reconstructed or made operable unless it is a vehicle which qualifies for either horseless carriage license plates or historical vehicle license plates pursuant to Section 5004 of the California Vehicle Code, in which case the vehicle may be reconstructed or made operable. (Ord. 86-13 § 1 (part), 1986; Ord. 2023-22 § 472, 2023)

The cost of administering and enforcing this chapter, and the cost of removal of any vehicle or part declared a public nuisance pursuant to this chapter, shall be charged against the owner of the land unless it is determined that the vehicle was placed on the land without the consent of the land owner and the land owner did not subsequently acquiesce in the presence of the vehicle. The amount of the cost of administration, enforcement and removal shall be assessed against the property on which the vehicle or part was located and pursuant to California Government Code Section 38773.5 and shall be transmitted to the tax collector for collection. (Ord. 86-13 § 1 (part), 1986; Ord. 2023-22 § 473, 2023)

Within five days after the date of removal of the vehicle or part, notice shall be given to the Department of Motor Vehicles identifying the vehicle or part removed and transmitting any available evidence of registration including certificates, certificates of title and license plates. (Ord. 86-13 § 1 (part), 1986)

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City of Newport Beach, CA § 10.54.010 OFFENSES AND NUISANCES § 10.54.020