Orange Municipal Code Ch. 10.74 Abandoned, Wrecked, Dismantled or Inoperative Vehicles

A. The City Council does find and determine that 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. 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 in this chapter, is declared to constitute a public nuisance which may be abated as such in accordance with the provisions of this chapter.

B. This determination is in addition to and in accordance with the authority granted by the State of California under Section 22660 of the Vehicle Code to remove abandoned, wrecked, dismantled, or inoperative vehicles, or parts thereof, as public nuisances.

(Prior code 10.60.010; Ord. 33-69)

This chapter shall apply to the storing, impounding, removal from, or screening from public view on private property or on public property, of all of the following:

A. Any and all parts of vehicles;

B. All abandoned vehicles;

C. All vehicles which are both wrecked and inoperative. Nothing contained in this chapter shall be construed to apply to a vehicle which is wrecked but operative, nor to a vehicle which is inoperative but not wrecked;

D. Vehicles which are both dismantled and inoperative. Nothing contained in this chapter shall be construed to apply to a vehicle which presents an outward appearance of being dismantled, but is operative, nor to a vehicle which is inoperative, but does not appear outwardly to be dismantled.

(Prior code 10.60.030; Ord. 33-69)

This chapter is not the exclusive regulation of abandoned, wrecked, dismantled or inoperative vehicles within the City. It shall be supplemental and 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 jurisdiction.

(Prior code 10.60.040; Ord. 33-69)

A. This chapter shall not apply to a vehicle, or part thereof, which is:

1. Completely enclosed within a building in a lawful manner where it is not visible from the street or other public or private property;

2. Enclosed within a solid fence six feet in height and is not plainly visible from the street or other public or private property;

3. Enclosed by any other lawful means of screening and is not plainly visible from the street or other public or private property;

B. This chapter shall not apply to 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, a junk dealer, or when such storage or parking is necessary to the operation of a lawfully conducted business or commercial enterprise.

C. Nothing in this section 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 10.60.050; Ord. 33-69)

It is unlawful and a misdemeanor for any person to abandon, park, store, or leave, or permit the abandonment, parking, storage or leaving of any licensed or unlicensed vehicle, or part thereof, 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 10 days unless such vehicle, or part thereof, is:

A. Completely enclosed within a building in a lawful manner where it is not visible from the street or other public or private property;

B. Enclosed within a legally permitted solid fence six feet in height and is not plainly visible from the street or other public or private property;

C. Enclosed by any other lawful means of screening and is not plainly visible from the street or other public or private property.

(Prior code 10.60.060; Ord. 33-69)

When the City Council has contracted with or granted a franchise to any person or persons, such person or persons shall be authorized to enter upon private or public property to remove or cause the removal of a vehicle or parts thereof, declared to be a nuisance pursuant to this chapter.

(Prior code 10.60.070; Ord. 33-69)

The City Council shall, from time to time, determine and fix an amount to be assessed as administrative costs (excluding the actual cost of removal of any vehicle or part thereof) under this chapter.

(Prior code 10.60.080; Ord. 33-69)

A. It shall be the duty of any owner, lessee or occupant of any grounds, lots, or any real property within the corporate limits of the City, to keep such grounds, lots, or any real property free from abandoned, wrecked, dismantled or inoperative vehicles or parts thereof.

B. If any owner, lessee or occupant of such grounds, lots, or any real property shall fail to remove and keep such premises free from abandoned, wrecked, dismantled or inoperative vehicles, or parts thereof, the City Council may authorize the Chief of Police or designee to give notice to the owner, lessee or occupant of such premises to abate the nuisance and to remove the abandoned, wrecked, dismantled or inoperative vehicles, or parts thereof, within a period not to exceed 10 days.

C. When the City Council shall authorize the Chief of Police to give the notice referred to in subsection B of this section, it shall be the duty of the Chief of Police, or designee, to give such "notice to abate nuisance" in writing, which notice shall contain a description of the vehicle or vehicles, or parts thereof, to be removed; and which notice shall be served upon the owner of the premises as shown on the last equalized County assessment roll and/or upon the lessee or occupant of the premises; which notice shall be served by depositing the notice, postage paid, in the United States Post Office in the City of Orange, directed to the owner, lessee or occupant. If the owner is not known, or resides outside the State of California, the notice shall be given by posting a copy thereof conspicuously on the vehicle or vehicles, or parts thereof, to be removed, for 10 days, which service of notice shall be deemed to be completed 10 days after posting. Such notice shall specify that if the vehicle or vehicles, or parts thereof, are not removed within a period of 10 days after the notice, that a public hearing shall be held on the question of abatement and removal of the vehicle, or parts thereof, the assessment of the administrative costs and the cost of removal of the vehicle, or parts thereof, against the property on which it is located.

(Prior code 10.60.090; Ord. 33-69; Ord. 19-82)

If the owner, lessee or occupant of such premises does not abate the nuisance and remove the vehicle, or parts thereof, within 10 days after notice mentioned in Section 10.74.080, a public hearing shall be held on the question of abatement and removal of the vehicle, or parts thereof, as an abandoned, wrecked, dismantled or inoperative vehicle, the assessment of the administrative costs, and the cost of removal of the vehicle, or part thereof, against the property on which it is located. Notice of hearing shall be mailed at least 10 days before the hearing by certified mail, with a five-day return requested, to the owner of the land as shown on the last equalized County assessment roll and to the last registered and legal owner of record unless the vehicle is in such condition that identification numbers are not available to determine ownership. If any of the foregoing notices are returned undelivered by the United States Post Office, the hearing shall be continued to a date not less than 10 days from the date of such return. The failure to receive the mailed notices required in this section shall not affect in any manner the validity of any abatement proceeding under the provisions of this chapter, provided a notice of the proceeding has been posted on the vehicle, or parts thereof, sought to be removed, at least 10 days before the hearing.

(Prior code 10.60.100; Ord. 33-69)

Notice of hearing shall also be given to the California Highway Patrol identifying the vehicle, or part thereof, proposed for removal, such notice to be mailed at least 10 days prior to the public hearing by the Chief of Police or designee.

(Prior code 10.60.110; Ord. 33-69)

A. All hearings under this chapter shall be held before the Chief of Police or designee who shall hear all facts and testimony he or she deems 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 property or public property. The hearing officer 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, and deny responsibility for the presence of the vehicle on the land with his or her reasons for such denial.

B. The hearing officer may impose such conditions and take such other action as he or she deems appropriate under the circumstances to carry out the purpose of this chapter. The hearing officer may delay the time for removal of the vehicle, or part thereof, if, in his or her opinion, the circumstances justify it. 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. The hearing officer may order the same removed from the property as a public nuisance and disposed of as hereinafter provided, and determine the administrative costs and the cost of removal to be charged against the owner of the parcel of land on which the vehicle, or part thereof, is located. The order requiring removal shall include a description of the vehicle, or part thereof, and the correct identification number and license number of the vehicle, if available, at the site.

C. If it shall be proved by the landowner by a preponderance of the evidence affirmatively shown at the hearing that the vehicle was placed on the land without the consent of the landowner, and that he or she has not subsequently acquiesced to its presence, or despite the fact that the vehicle was originally placed on the land with the consent of the landowner, or the vehicle was subsequently abandoned on the land without the consent of the landowner, 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. Provided, however, that the hearing officer may have discretion to impose a requirement that the land be posted with signs in such size and number to be determined by the hearing officer prohibiting dumping of vehicles or other material or trespassing on the land. Failure of the landowner to obey an order to post signs shall result in the liability of the landowner for the cost of removal of any vehicles found abandoned on the land 30 days after the date of any order, in writing, rendered by the hearing officer, requiring the posting of the signs.

D. Costs will be assessed against and billed to the last registered and legal owner of the vehicle if it is determined that the last registered and legal owner was responsible for or acquiesced to the presence of the vehicle, or part thereof, on the private or public property.

E. If an interested party makes a written presentation to the hearing officer, but does not appear, he or she shall be notified in writing of the decision.

(Prior code 10.60.120; Ord. 33-69; Ord. 19-82)

A. Any interested party may appeal the decision of the hearing officer by filing a written notice to appeal with the hearing officer within five days after his or her 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 City Clerk shall give written notice of the time and place of the hearing to the appellant and those persons specified in Section 10.74.090.

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

(Prior code 10.60.130; Ord. 33-69)

Ten days from the date of expiration of the right of appeal as set forth in Section 10.74.120, the vehicle, or parts thereof, may be disposed of by removal to a scrap yard or automobile dismantler's yard. After a vehicle has been removed, it shall not thereafter be reconstructed or made operable.

(Prior code 10.60.140; Ord. 33-69)

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

(Prior code 10.60.150; Ord. 33-69)

A. If the administrative costs and the cost of removal, which are charged against the owner of a parcel of land pursuant to Section 10.74.110, 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 Section 38773.5 of the Government Code, and shall be transmitted to the tax collector for collection. The assessment shall have the same priority as other taxes.

B. If the administrative costs and cost of removal of the vehicle are to be charged against the last registered and legal owner of the vehicle, pursuant to Section 10.74.110, a bill covering the charges will be sent to the last registered and legal owner of the vehicle by the Finance Director. If the bill is not paid within 30 days from the date mailed, it shall be transmitted to the City Attorney for necessary legal action.

(Prior code 10.60.160; Ord. 33-69)

Except as otherwise provided in this chapter, the provisions of this chapter shall be administered and enforced by the Chief of Police. In the enforcement of this chapter, such officers and their deputies 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 part thereof, declared to be a nuisance, pursuant to this chapter.

(Prior code 10.60.170; Ord. 33-69)

It is unlawful and a misdemeanor for any person to 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 provision of this chapter or state law, where such state law is applicable.

(Prior code 10.60.180; Ord. 33-69)