Chapter 9.58 — ABANDONED VEHICLE ABATEMENT

This chapter shall be known as the "abandoned vehicle abatement ordinance."

(Ord. 5242 § 1, 1975)

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 parts thereof, on private or public property not including highways, except as expressly hereinafter permitted, is declared to constitute a public nuisance which may be abated as such in accordance with the provisions of this chapter.

(Ord. 5242 § 2, 1975)

For the purpose of this chapter, certain words and phrases shall be construed herein as set forth in this section, unless it is apparent from the context that a different meaning is intended.

A.

"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.

B.

"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.

C.

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

D.

"Public property" does not include "highway."

E.

"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.

(Ord. 5242 § 3, 1975)

A.

This chapter is not the sole and exclusive enactment applicable in this city to abandoned, wrecked, dismantled and inoperative vehicles. It supplements and is in addition to the other regulatory codes, statutes and ordinances heretofore or hereafter enacted by this city, the state, or any other entity or agency lawfully vested with jurisdiction over this subject matter.

B.

The provisions of this chapter shall not be applied to effect the removal of the following:

Any vehicle or part thereof which is completely enclosed within a building in a lawful manner where it is not visible from the street or from any other public or private property;

Any 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 a junkyard;

Any vehicle or part thereof which is located behind a solid fence 6 feet in height or which is not plainly visible from a highway;

Any vehicle which is temporarily stored or parked on private property lawfully used as a garage or other place devoted to the maintenance, care and repair of motor vehicles; Provided, however, that these exceptions shall not be deemed to authorize the maintenance of a public or private nuisance in violation of any law.

(Ord. 5242 § 4, 1975)

Except as otherwise provided herein, the provisions of this chapter shall be administered and enforced by the administrator of housing and neighborhood services. In the enforcement of this chapter such officer and his 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 declared to be a nuisance pursuant to this chapter.

(Ord. 6229 § 13, 1987; Ord. 5242 § 5, 1975)

When the board of directors 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. 5242 § 6, 1975)

The board of directors shall from time to time determine and fix an amount to be assessed as administrative costs under this chapter. Said amount is intended to compensate the city for proceedings under this chapter when voluntary compliance is not obtained pursuant to Section 9.58.090. The actual cost of removal of any vehicle or parts thereof shall not be included in the administrative costs.

(Ord. 5242 § 7, 1975)

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 administrator of housing and neighborhood services shall have the authority to cause the abatement and removal thereof in accordance with the procedure prescribed herein.

(Ord. 6229 § 14, 1987; Ord. 5242 § 8, 1975)

A.

Upon receipt of information from the administrator of housing and neighborhood services concerning a vehicle, or parts thereof, which may be subject to the provisions of this chapter, the Pasadena police department shall, whenever possible, obtain for said official the names and addresses of the registered and legal owners of the vehicle, and any other information which it deems necessary to the enforcement of this chapter.

B.

The Pasadena police department shall determine whether any identifiable vehicle, or part thereof, investigated pursuant to this section has been involved in or is the subject of any crime, and if so, it shall process such vehicle in accordance with the law.

(Ord. 6229 § 15 (part), 1987; Ord. 5242 § 9, 1975)

A 10-day notice of intention to abate and remove the vehicle, or parts thereof, as a public nuisance shall be mailed by certified 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:

 A. NOTICE OF INTENTION TO ABATE AND REMOVE AN ABAN-DONED, 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 8 of Pasadena Ordinance No. 5242 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.

 You are hereby notified to abate this nuisance by removing the vehicle (or parts) within 10 days after the date of mailing of this notice. Upon your failure to do so that same will be abated and removed by the City of Pasadena and the costs thereof, together with administrative costs, assessed against the property on which said vehicle (or parts) is located.

 As owner of the land on which the vehicle (or parts) is located, you are hereby notified that you may, within 10 days after the mailing of the notice of intention, request a public hearing before the Code Enforcement Commission. If such a request is not received by the Administrator of Housing and Neighborhood Services within such 10-day period, he shall have the authority without a public hearing to abate and remove said vehicle (or parts) as a public nuisance and assess the aforesaid costs. You may submit a sworn written statement within such 10-day period denying responsibility for the presence of said vehicle (or parts) 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/______________________

Administrator of Housing and Neighborhood Services

 B. NOTICE OF INTENTION TO ABATE AND REMOVE AN ABAN-DONED, WRECKED, DISMANTLED OR INOPERATIVE VEHICLE 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, identification number, other identification) you are hereby notified that the undersigned pursuant to Section 8 of Pasadena Ordinance No. 5242 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.

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

As registered (and/or legal) owner of record of said vehicle (or parts), you are hereby notified that you may, within 10 days after the mailing of this notice of intention, request a public hearing before the Housing Advisory and Appeals Board. If such a request is not received by the Administrator of Housing and Neighborhood Services within such 10-day period, he shall have the authority to abate and remove said vehicle (or parts) without a hearing.

Notice Mailed_______(date)

s/___________

Administrator of Housing and Neighborhood Services

(Ord. 6518 § 5 (part), 1993; Ord. 6229 §§ 15 (part), 16, 1987; Ord. 5242 § 10, 1975)

A.

Upon request by the owner of the vehicle or owner of the land received by the housing administrator within 10 days after the mailing of the notices of intention to abate and remove, a public hearing shall be scheduled on the questions 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 submits a sworn written statement denying responsibility for the presence of the vehicle on his land within such 10-day period, said statement shall be construed as a request for a hearing which does not require his presence.

B.

Notice of the time and place of the hearing shall be mailed, by certified mail, at least 10 days before the hearing to the owner of the land and, if ownership of the vehicle can be determined, to the owner of the vehicle.

C.

If 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 without holding a public hearing, to abate and remove the vehicle, or parts thereof, as a public nuisance and assess the costs of removal and administrative costs against the property on which the vehicle (or parts) is located.

(Ord. 5242 § 11, 1975)

A.

All hearings under this chapter shall be held before the code enforcement commission at its regularly scheduled meetings. The board shall hear all facts and testimony it deems pertinent, including testimony on the location and condition of the vehicle or parts thereof. The code enforcement commission 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 denial.

B.

The code enforcement commission 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 such delay. At the conclusion of the public hearing, the code enforcement commission may find that a vehicle (or parts thereof) has been abandoned, wrecked, dismantled, or is inoperative on private or public property, and order the same removed from the property as a public nuisance and disposed of as hereinafter provided and determine whether the administrative costs and the cost of removal should be charged against the owner of the land. The order requiring removal shall include a description of the vehicle or parts thereof and the correct identification number and license 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 owner of the land and that he has not subsequently acquiesced to its presence, the administrative costs and the cost of removal of the vehicle

shall not be assessed against the property upon which the vehicle is located or otherwise collected from the landowner, but shall be collected from the registered owner of the vehicle, if possible, or shall be borne by the city.

D.

Anyone submitting a sworn written statement or other written presentation, who does not appear at the hearing, shall be notified in writing of the decision.

(Ord. 6518 § 5 (part), 1993; Ord. 6229 § 16, 1987; Ord. 5242 § 12, 1975)

A.

Unless additional time for removal is granted pursuant to the provisions of this chapter, 5 days after a determination that a vehicle is a public nuisance has become final as a result of the exhaustion of the right to hearing and appeal, the vehicle or parts thereof may be disposed of by removal to a scrapyard or automobile dismantler's yard.

B.

After a vehicle has been removed, it shall not 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. 5270 § 1, 1976; Ord. 5242 § 14, 1975)

Within 5 days after the date of removal of the vehicle or parts thereof, the administrator of housing and neighborhood services shall give notice to the Department of Motor Vehicles 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 registration certificates, certificates of title and license plates.

(Ord. 6229 § 15 (part), 1987: Ord. 5242 § 15, 1975)

A.

If the administrative costs and the cost of removal which are charged against the owner of a parcel of land pursuant to Sections 9.58.100 or 9.58.110 are not paid within 30 days of the date of the removal order, or the final disposition of an appeal therefrom, such accounts shall be declared delinquent and shall incur service charges on the accrued unpaid balance in an amount or at the rate established by resolution adopted by the board of directors.

B.

At any time prior to transfer to the secured property tax roll, the owner of the premises may enter into a contract with the city providing for installment payments of such city costs and any incurred service charges. The period for payment shall not exceed twelve months. During the term of the contract, installment payments shall include finance charges on any outstanding balance in an amount or at a rate established by resolution adopted by the board of directors.

C.

In January and July of each year there shall be published once in the local newspaper a list of delinquent unpaid accounts, except those contract accounts which are not in arrears. All delinquent accounts so listed shall have added thereto a charge in an amount established by resolution adopted by the board of directors.

D.

On August 15th of each year, all delinquent unpaid accounts, including contract accounts then in arrears, shall be transferred to the secured property tax roll and shall thereafter be collected in the manner provided for special assessments.

E.

When such unpaid accounts are transferred to the secured property tax roll for collection purposes, an additional fee in an amount to be established by resolution adopted by the board of directors shall be added to the amount transferred.

F.

Charges as transferred to the tax roll shall be subject to those penalties which would apply to delinquent secured property taxes.

(Ord. 5568 §§ 27—30, 1982; Ord. 5242 § 16, 1975)

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 in an abandoned, wrecked, dismantled or inoperative condition upon any private property or public property within the city for a period in excess of 15 days unless such vehicle, or parts thereof, is included within the provisions of Section 9.58.040 of this chapter.

(Ord. 5242 § 17(a), 1975)

It is unlawful and a misdemeanor for any person to fail or refuse to remove an abandoned, wrecked, dismantled or inoperative vehicle or parts 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. 5242 § 17(b), 1975)

It is unlawful and a misdemeanor for any person to reconstruct or make operable a vehicle in violation of the provisions of Section 9.58.140.

(Ord. 5270 § 2, 1976: Ord. 5242 § 17(c), 1975)