Chapter 10.24 — ABANDONED VEHICLES

In addition to and in accordance with the determination made and the authority granted by the state under Section 22660 of the Vehicle Code 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, where the vehicle or vehicles can be viewed from or parked on the public street or highway, 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 a 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 public. Therefore, the presence of an abandoned, wrecked, dismantled or inoperative vehicle or parts thereof, on private or public property, where the vehicle or vehicles can be viewed from or parked on any public street or highway, 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.

(Ord. 37 § 1, 1974; Ord. 561 § 1, 1988; Ord. 771 § 1, 1995; Ord. 1257 § 1, 2013)

"Abandoned vehicle" means any vehicle that is left on any highway, public property or private property in such inoperable or neglected condition that the owner's intent to relinquish all further rights or interest in it may be reasonably concluded. In reaching a reasonable conclusion one must consider the amount of time the vehicle has not been moved, its condition, statements from the owner and witnesses.

"Dismantled vehicle" means any vehicle which is partially or wholly disassembled.

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

"Inoperative vehicle" means any motor vehicle from which the engine, wheels, tires or other essential parts have been damaged or removed, or which the engine, wheels, tires, or other essential parts have been altered, damaged or allowed to deteriorate so that the vehicle cannot and/or is incapable of being driven under its own power or rendering the vehicle unsafe to operate on a highway. The lack of inflated tires, lack of a working engine, transmission, differential or other essential parts, or left unattended on jacks, blocks, or elevated in any other way which constitutes a threat to the public health, safety or general welfare.

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

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

"Public nuisance vehicle" means any vehicle that is abandoned, wrecked, dismantled, or any inoperative parts thereof that is on public or private property, including highways, and that creates a condition tending to reduce the value of private property, promotes blight and deterioration, invites plundering, creates fire hazards, constitutes an attractive nuisance endangering the health and safety of the general public, harbors rodents, insects and other

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City of Palm Desert, CA § 10.24.020

PALM DESERT CODE

§ 10.24.060

vermin, or jeopardizes, health, safety and general welfare is a public nuisance.

"Public property" means any property owned by the government or one of its agencies, divisions, or entities, to include parks, streets, sidewalks and other property regularly used by the general public. "Public property" includes "highway."

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

"Wrecked vehicle" means any vehicle that is damaged to such an extent that it cannot be operated upon the highway. A vehicle which has been wrecked in a traffic accident and which has been removed from the roadway to a lawful storage facility, but which has not been claimed by its owner, will not be considered an abandoned vehicle for the purposes of this chapter. (Ord. 37 § 1, 1974; Ord. 1257 § 2, 2013)

This chapter shall not apply to:

• A. A vehicle, or parts thereof, 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;

• B. A vehicle, or parts thereof, which is stored or parked in a lawful manner on private property in connection with a business of a licensed dismantler, licensed vehicle dealer, or a junk yard or when such storage or parking is necessary to the operation of a lawfully conducted business or commercial enterprise; or

• C. A vehicle, or parts thereof, which is located on private property where the vehicle or vehicles cannot be viewed from any public street facing property.

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 title.

(Ord. 37 § 2, 1974; Ord. 498 § 1, 1987; Ord. 561 § 2, 1988)

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 heretofore or hereafter enacted by the city, the state, or any other legal entity or agency having jurisdiction.

(Ord. 37 § 3, 1974)

Except as otherwise provided in this chapter, the provisions of this chapter shall be administered and enforced by the city manager or designee. In the enforcement of this chapter, the city manager or designee 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 parts thereof declared to be a nuisance pursuant to this chapter. (Ord. 37 § 4, 1974; Ord. 1257 § 3, 2013)

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City of Palm Desert, CA

VEHICLES AND TRAFFIC

§ 10.24.060

§ 10.24.090

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 property or public property to remove or cause the removal of a vehicle or parts thereof declared to be a nuisance pursuant to this chapter.

(Ord. 37 § 5, 1974)

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 parts thereof under this chapter.

(Ord. 37 § 6, 1974)

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

(Ord. 37 § 7, 1974; Ord. 1257 § 4, 2013)

A ten-day notice of intention to abate and remove the vehicle, or parts thereof, as a public nuisance shall 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 VEHICLE 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 (section of ordinance or municipal code) has determined that there exists upon said land (or parts of an) abandoned, wrecked, dismantled or inoperative vehicle registered to___________, license number ________ which constitutes a public nuisance pursuant to the provisions of (Ordinance or municipal code chapter number).

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 costs thereof, together with administrative costs, assessed to you as owner of the land on which said vehicle (or said parts of a vehicle) is located.

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City of Palm Desert, CA § 10.24.090

PALM DESERT CODE

§ 10.24.090

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 a request is not received by the (hearing body or officer) within such 10-day period, the City Manager shall have the authority to abate and remove said vehicle (or said parts of a vehicle) as a public nuisance and assess the costs 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 a 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 ________(date) s/ ________(City Manager)

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

(Name and address of last registered and/or legal owner or 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 (section of ordinance or 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 the provisions of (Ordinance or municipal code chapter number).

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.

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 a request is not received by the (hearing body or officer) within such 10-day period, the City Manager shall have the authority to abate and remove said vehicle (or said parts of a vehicle) without a hearing.

Notice Mailed _______(date) s/ _____(City Manager)

The notice set forth herein shall not be required in the event the property owner and the owner of the vehicle have signed a release authorizing removal and waive further interest in the vehicle or parts thereof. In addition, said notice of intention is not required for removal of the vehicle or part thereof which is inoperable due to the absence of a motor, transmission, or wheels, and incapable of being towed, is valued less than two hundred dollars by a person specified in Section 22855 of the Vehicle Code, and is determined by the city to be a public nuisance presenting an immediate threat to the public health or safety, provided that the property owner has signed a release authorizing removal and waiving further interest or part thereof.

The vehicle is located upon a parcel that is either zoned for agricultural use or is not improved with a residential structure containing one or more dwelling units.

If vehicle is removed pursuant to subdivision (c) of California Vehicle Code Section 22661, prior to the final disposition, the registered or legal owner shall be notified of the intent to dispose of the vehicle or part thereof. If the vehicle or part thereof is not claimed and removed from

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City of Palm Desert, CA

VEHICLES AND TRAFFIC

§ 10.24.090

§ 10.24.110

the scrapyard, automobile dismantler's yard or public disposal area within twelve days after the notice to dispose of vehicle is mailed, final disposition may proceed.

(Ord. 37 § 8, 1974; Ord. 498 § 5, 1987; Ord. 771 § 2, 1995; Ord. 785 § 1, 1995)

Upon request by the owner of the vehicle or owner of the land on which the vehicle is located if received by the city manager within ten days after the mailing of the notices of intention to abate and remove, a hearing shall be held by the city council 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 cost of removal of the vehicle or parts thereof against the property on which it is located.

If the owner of the land on which the vehicle is located submits a sworn written statement denying responsibility for the presence of the vehicle on his land within such ten-day period, the statement shall be construed as a request for a hearing which does not require his presence. Notice of the hearing shall be mailed, by registered mail, at least ten 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 ten 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. 37 § 9, 1974; Ord. 498 § 1, 1987)

All hearings under this chapter shall be held before the city council which shall hear all facts and testimony it deems pertinent. The facts and testimony may include testimony on the condition of the vehicle or parts thereof and the circumstances concerning its location on the said private property or public property. The city council shall not be limited by the technical rules of evidence. The owner of the land may appear in person at the hearing or present a sworn written statement 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 city council may impose such conditions and take such other action 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 thereof if, in its opinion, the circumstances justify it. At the conclusion of the public hearing, the city council may find that a vehicle or parts thereof have been abandoned, wrecked, dismantled or that a vehicle 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 administrative costs shall include, but not be limited to, a sharing cost of fifty dollars per hearing. 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 at the site.

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 has not subsequently acquiesced in its presence, the city council 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.

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City of Palm Desert, CA § 10.24.110

PALM DESERT CODE

§ 10.24.150

If the owner of the land submits a sworn written statement denying responsibility for the presence of the vehicle on his land but does not appear, or if an interested party makes a written presentation to the city council but does not appear, he shall be notified in writing of the decision. (Ord. 37 § 10, 1974)

Five days after adoption of the order declaring the vehicle or parts thereof to be a public nuisance, five days from the date of mailing of the notice of decision if said notice is required by Section 10.24.110, or fifteen days after such action of the governing body authorizing removal following an appeal, 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 unless it is a vehicle which qualifies for either horseless carriage license plates or historical vehicle license plates, pursuant to Section 5004 of the Vehicle Code, in which case the vehicle may be reconstructed or made operable. This section does not apply to those vehicles exempt under Section 22660 of the Vehicle Code of the state. (Ord. 37 § 11, 1974; Ord. 143 § 1, 1976; Ord. 498 § 3, 1987)

Within five days after the removal of the vehicle or parts thereof, notice shall be given to the Department of Motor Vehicles either identifying the vehicle or parts thereof removed. At the same time there shall be transmitted to the Department of Motor Vehicles any evidence of registration available, including but not limited to the registration card, certificates of ownership, or license plates.

(Ord. 37 § 12, 1974; Ord. 498 § 4, 1987)

If the administrative costs and the cost of removal which are charged against the owner of a parcel of land pursuant to Section 10.20.110 are not paid within thirty 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 for cities of the Government Code and shall be transmitted to the tax collector for collection. The assessment shall have the same priority as other city taxes.

(Ord. 37 § 13, 1974)

Prior to final disposition under Section 22662 of a low-valued vehicle or part thereof as defined in Section 10.24.090 for which evidence of registration was recovered pursuant to Section 10.24.130, the city shall provide notice to the registered and legal owner of intent to dispose of the vehicle or part, and if the vehicle or part is not claimed and removed within twelve days after the notice is mailed, a location specified in Section 22622 of the Vehicle Code, final disposition may proceed. The city shall not be liable for damage caused to the vehicle or part thereof by removal pursuant to this section. This section applies only to inoperable vehicles upon a parcel that is:

• A. Zoned for agricultural use; or

• B. Not imposed with a residential structure containing one or more dwelling units.

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City of Palm Desert, CA

VEHICLES AND TRAFFIC

§ 10.24.150

§ 10.24.170

(Ord. 498 § 6, 1987)

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 parts thereof which is abandoned, wrecked, dismantled or in an inoperative condition upon any private property or public property, including highways, within the city for a period in excess of seventytwo or more consecutive hours unless such vehicle or parts thereof 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 or licensed vehicle dealer or a junk yard.

Upon discovering the existence of an abandoned, wrecked, dismantled, or inoperative vehicle, or parts thereof, on private property or public property, a seventy-two hour notice of intention to abate shall be posted on the vehicle. A follow up inspection shall be conducted within seventytwo hours to verify if such vehicle has been voluntarily abated. Upon determining that such vehicle still exist and a period of seventy-two or more consecutive hours has elapsed, a ten day notice of intention to abate and remove such vehicle shall be mailed in accordance with Section 10.24.090 of this chapter.

(Ord. 771 § 3, 1995; Ord. 1257 § 5, 2013)

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 provisions of this chapter or state law, where such state law is applicable.

(Ord. 771 § 4, 1995)

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City of Palm Desert, CA

VEHICLES AND TRAFFIC

§ 10.25.010

§ 10.25.040