Chapter 8.12 — ABANDONED AND INOPERABLE VEHICLES

In addition to and in accordance with the determination made and the authority granted by the State of California under Section22660 of the Vehicle Code to remove abandoned, wrecked, dismantled or inoperative vehicles or parts 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 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. Therefore the presence of an abandoned, wrecked, dismantled or inoperative vehicle or part, on private or public property not including highways, except as expressly permitted by this chapter, is declared to constitute a public nuisance which may be abated as such in accordance with the provisions of this chapter. (Prior code § 5-1.1; Ord. 21-1722 § 2)

As used in this chapter:

"Highway" means a place of whatever nature, publicly maintained and open to the use of the public for purposes of vehicular travel. "Highway" includes street.

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

"Owner of vehicle" means the last registered owner and legal owner of record.

"Public property" means any real property within the City which is publicly owned or maintained but does not include a street or highway.

"Vehicle" means a device by which any person or property may be propelled, moved or drawn upon a highway, except a device by human power or used exclusively upon stationary rails or tracks.

(Prior code § 5-1.2; Ord. 21-1722 § 2)

This chapter shall not apply to:

• A. A vehicle or part 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

• B. A vehicle or part 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 storage or parking is necessary to the operation of a lawfully conducted business or commercial enterprise.

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City of Norwalk, CA

NORWALK CODE

§ 8.12.030

§ 8.12.090

Nothing in this chapter shall authorize the maintenance of a public or private nuisance as defined under provisions of law other than Chapter 10 (commencing with Section 22650) of Division 11 of the Vehicle Code and this chapter.

(Prior code § 5-1.3; Ord. 21-1722 § 2)

This chapter 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 enacted by the City, the State, or any other legal entity or agency having jurisdiction.

(Prior code § 5-1.4; Ord. 21-1722 § 2)

Except as otherwise provided in this chapter, the provisions of this chapter shall be administered and enforced by the Director of the Public Safety Department and/or the Commander of the Norwalk Sheriff's Station. In the enforcement of this chapter, the Director and his or her Public Safety Officers and/or the Commander of the Norwalk Sheriff Station and his or her deputies may enter upon private or public property to examine a vehicle or parts, or obtain information as to the identity of a vehicle and to remove or cause the removal of a vehicle or part declared to be a nuisance pursuant to this chapter.

(Prior code § 5-1.5; Ord. 05-1562 § 1; Ord. 21-1722 § 2)

When the City Council has designated certain licensed dismantlers, towing services or junk dealers to remove such vehicles or parts, 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 parts declared to be a nuisance pursuant to this chapter. (Prior code § 5-1.6; Ord. 21-1722 § 2)

The City Council may determine and fix an amount to be assessed as administrative costs excluding the actual cost of removal of any vehicle or part under this chapter. (Prior code § 5-1.7; Ord. 21-1722 § 2)

Upon discovering the existence of an abandoned, wrecked, dismantled or inoperable vehicle or parts on private property or public property within the City, the Director of Public Safety and/or Commander of the Norwalk Sheriff's Station shall have the authority to cause the abatement and removal in accordance with the procedure prescribed in this chapter. (Prior code § 5-1.8; Ord. 05-1562 § 2; Ord. 21-1722 § 2)

A 10 day notice of intention to abate and remove the vehicle or parts, as a public nuisance, shall

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City of Norwalk, CA

HEALTH AND SAFETY

§ 8.12.090

§ 8.12.090

be mailed by registered mail 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 following forms:

NOTICE OF INTENTION TO ABATE AND REMOVE AN ABANDONED, WRECKED, DISMANTLED, OR INOPERATIVE VEHICLES OR PARTS THEREOF AS A PUBLIC NUISANCE

(Name and address of owner of the land)

As owner shown on the last equalized assessment roll of the land located at (address), you are hereby notified that the undersigned pursuant to the Chapter 8.12 of the Norwalk Municipal Code has determined that there exists upon said land an (or parts of an) abandoned, wrecked, dismantled or inoperative Vehicle registered to, license number ________, which constitutes a public nuisance pursuant to provisions of Chapter 8.12 of the Norwalk Municipal Code,

You are hereby notified to abate said nuisance by the removal of said vehicle (or said parts of a vehicle) within 10 days from the date of mailing of this notice, and upon your failure to do so the same will be abated and removed by the City and the cost thereof, together with administrative costs, assessed to you as owner of the land on which said vehicle (or said parts of vehicle) is located.

As owner of the land on which said vehicle (or said parts of a vehicle) is located, you are hereby notified that you may, within 10 days after the mailing of this notice of intention, request a public hearing and if such request is not received by the Director of Public Safety within such 10 day period, the Commander of the Norwalk Sheriff's Station and/or the Director of Public Safety shall have the authority to abate and remove said vehicle (or said parts of a vehicle) as a public nuisance and assess the cost as aforesaid without a public hearing. You may submit a sworn written statement within such 10 day period denying responsibility for the presence of said vehicle (or said parts of vehicle) on said land, with your reasons for denial, and such statement shall be construed as a request for hearing at which your presence is not required. You may appear in person at any hearing requested by you or the owner of the vehicle or, in lieu thereof, may present a sworn written statement as aforesaid in time for consideration at such hearing.

Notice Mailed:

s/

(locally designated officer)

NOTICE OF INTENTION TO ABATE AND REMOVE AN ABANDONED, WRECKED, DISMANTLED OF INOPERATIVE VEHICLES OR PARTS THEREOF AS A PUBLIC NUISANCE

(Name and address of last registered and/or legal owner of record of vehicle - notice should be given to both if different)

As last registered (and/or legal) owner of record of (description of vehicle - make, model, license, etc.) you are hereby notified that the undersigned pursuant to Chapter 8.12 of the Norwalk Municipal Code has determined that said vehicle (or parts of a vehicle) exists as an abandoned, wrecked, dismantled or inoperative vehicle at (describe location on public or private property) and constitutes a public nuisance pursuant to provisions of Chapter 8.12 of the Norwalk Municipal Code.

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City of Norwalk, CA

NORWALK CODE

§ 8.12.090

§ 8.12.110

You are hereby notified to abate said nuisance by the removal of said vehicle (or said parts of a vehicle) within 10 days from the date of the mailing of this notice.

As registered (and/or legal) owner of record of said vehicle (or said parts of a vehicle), you are hereby notified that you may, within 10 days after the mailing of this notice of intention, request a public hearing and if such request is not received by the Director of Public Safety within such 10 day period, the Commander of the Norwalk Sheriff's Station and/or the Director of Public Safety shall have the authority to abate and remove said vehicle (or said parts of a vehicle) without a hearing.

Notice Mailed:

s/

(locally designated officer)

(Prior code § 5-1.9; Ord. 05-1562 § 3; Ord. 21-1722 § 2)

Upon request by the owner of the vehicle or owner of the land received by the Director of Public Safety within 10 days after the mailing of the notices of intention to abate and remove, a public hearing shall be held by the Director of Public Safety on the question of abatement and removal of the vehicle or parts as an abandoned, wrecked, dismantled or inoperative vehicle and the assessment of the administrative costs and the cost of removal of the vehicle or parts against the property on which it is located.

If the owner of the land submits a sworn written statement denying responsibility for the presence of the vehicle on his or her land within such 10 day period, such statement shall be construed as a request for a hearing which does not require his or her presence. Notice of the hearing shall be mailed, by registered mail, at least 10 days before the hearing 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. If such a request for hearing is not received within 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 as a public nuisance without holding a public hearing.

(Prior code § 5-1.10; Ord. 05-1562 § 4; Ord. 21-1722 § 2)

• A. All hearings under this chapter shall be held before the Public Safety Commission, which shall hear all facts and testimony it deems pertinent. The facts and testimony may include testimony on the condition of the vehicle or part and the circumstances concerning its location on private property or public property. The Public Safety Commission 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 vehicle on the land, with his or her reason for such denial.

• B. The Public Safety Commission may impose such conditions and take such other actions as it deems appropriate under the circumstances to carry out the purpose of this chapter. It may delay the time for removal of the vehicle or parts if, in its opinion, the circumstances justify it. At the conclusion of the public hearing, the Public Safety Commission may find that a vehicle or part has been abandoned, wrecked, dismantled or is inoperative on private

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City of Norwalk, CA

HEALTH AND SAFETY

§ 8.12.110

§ 8.12.150

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 cost and cost of removal to be charged against the owner of the parcel of land on which the vehicle or part is located. The order requiring removal shall include a description of the vehicle or part and the correct identification number of the vehicle, if available at the site.

• C. If it is determined at the hearing that the vehicle was placed on the land without the consent of the land owner and that he or she has not subsequently acquiesced in its presence, the Public Safety Commission 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 land owner.

• D. If an interested party makes a written presentation to the Public Safety Commission but does not appear, he or she shall be notified in writing of the decision.

• (Prior code § 5-1.11; Ord. 05-1562 § 5; Ord. 21-1722 § 2)

• A. Any interested party may appeal the decision of the Public Safety Commission by filing a written notice of appeal with the City Clerk within 10 calendar days after the Commission's decision.

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

• C. The Clerk shall give written notice of the time and place of the hearing to the appellant and those persons specified in Section 8.12.090.

• D. In conducting the hearing the City Council shall not be limited by the technical rules of evidence.

(Prior code § 5-1.12; Ord. 05-1562 § 6; Ord. 21-1722 § 2)

Five days after adoption of the order declaring the vehicle or parts to be a public nuisance, five days from the date of mailing of notice of the decision if notice is required by Section 8.12.100, or 15 days after such action of the City Council authorizing removal following appeal, the vehicle or parts 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. (Prior code § 5-1.13; Ord. 21-1722 § 2)

Within five days after the date of removal of the vehicle or parts, notice shall be given to the Department of Motor Vehicles identifying the vehicle or part removed. At the same time, there shall be transmitted to the Department of Motor Vehicles any evidence of registration available, including registration certificates, certification of title and license plates. (Prior code § 5-1.14; Ord. 21-1722 § 2)

If the administrative costs and the cost of removal which are charged against the owner of a

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City of Norwalk, CA § 8.12.150

NORWALK CODE

§ 8.12.170

parcel of land pursuant to Section 8.12.070, are not paid within 30 days of the date of the order, or the final disposition of an appeal of such order, such costs may be assessed against the parcel of land pursuant to Section 38773.5 of the Government Code and may be transmitted to the Tax Collector for collection. Such assessment shall have the same priority as other City taxes. (Prior code § 5-1.15; Ord. 21-1722 § 2)

It is unlawful and a misdemeanor 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 which is in an abandoned, wrecked, dismantled or inoperative condition upon any private property or public property not including highways within the City for a period in excess of 15 days unless such vehicle or part is completely enclosed within a building in a lawful manner where it is not plainly visible from the street or other public or private property, or unless such vehicle 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.

(Prior code § 5-1.16; Ord. 21-1722 § 2)

It is unlawful and a misdemeanor for any person to fail or refuse to remove an abandoned, wrecked or dismantled or inoperative vehicle or part or refuse to abate such nuisance when ordered to do so in accordance with the abatement provisions of this chapter or State law where such State law is applicable.

(Prior code § 5-1.17; Ord. 21-1722 § 2)

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City of Norwalk, CA

HEALTH AND SAFETY

§ 8.16.010

§ 8.16.020