Chapter 7.30 — ABANDONED VEHICLES

(a)

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 hereby makes the following findings and declarations:

(b)

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.

(c)

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

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

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 property does not include the term "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.

(Code 1972, § 7.30.010; Ord. No. 415, § 1(part), 1973)

(a)

This chapter shall not apply to:

(1)

A vehicle, or parts thereof, which is completely enclosed within a building or enclosure in a lawful manner where it is not visible from the street or other public or private property; or

(2)

A vehicle, or parts 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 junk dealer, or when such storage or parking is necessary to the operation of a lawfully conducted business or commercial enterprise.

(b)

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.

(Code 1972, § 7.30.020; Ord. No. 415, § 1(part), 1973)

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,

(Code 1972, § 7.30.030; Ord. No. 415, § 1(part), 1973)

Except as otherwise provided herein, the provisions of this chapter shall be administered and enforced by the chief of police or his designee. 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 (and to remove or cause the removal of a vehicle or parts thereof) declared to be a nuisance pursuant to this chapter.

(Code 1972, § 7.30.040; Ord. No. 415, § 1(part), 1973)

When the city council has contracted with or granted a franchise to any person or persons, such 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.

(Code 1972, § 7.30.050; Ord. No. 415, § 1(part), 1973)

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.

(Code 1972, § 7.30.060; Ord. No. 415, § 1(part), 1973)

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 chief of police or his designee shall have the authority to cause the abatement and removal thereof in accordance with the procedure prescribed herein.

(Code 1972, § 7.30.070; Ord. No. 415, § 1(part), 1973)

(a)

A ten-day notice of intention to abate and remove the vehicle, or parts thereof, as a public nuisance, shall be mailed by registered or certified mail to the owner of the land and to the owner of the vehicle or parts thereof, unless the vehicle is in such condition that identification numbers are not available to determine ownership.

(b)

In the event that both the property owner, and the owner of the vehicle have signed releases authorizing removal of an abandoned vehicle and waiving further interest in the vehicle or parts thereof, a ten-day notice of intention to abate and remove an abandoned vehicle shall not be required.

(c)

A ten-day notice of intent to abate and remove an abandoned vehicle shall not be required for removal of a vehicle or parts thereof which is inoperable due to absence of a motor, transmission or wheels and is incapable of being towed if all the following criteria are met:

(1)

Such inoperable vehicle or parts thereof shall be valued at less than $200.00 by an authorized individual pursuant to state vehicle code section 22855, including the following:

a.

Any regularly employed and salaried police officer or other employee designated by the chief of police of the city;

b.

Any regularly employed and salaried deputy sheriff or other employee designated by the sheriff of the county;

c.

Any member of the state highway patrol designated by the commissioner;

d.

Any member of the state police designated by the chief thereof;

e.

Any regularly salaried employee of a city, county or city and county designated by a board of supervisors or a city council pursuant to section 22669(A) of the state vehicle code.

(2)

Such inoperable vehicle or parts thereof shall be located upon a parcel of land that is:

a.

Zoned for agricultural use; and

b.

Not improved with a residential structure containing one or more dwelling units.

(3)

Such inoperable vehicle shall have been determined by the board of zoning adjustment of the city to be a public nuisance presenting an immediate threat to public health or safety.

(4)

The owner of the property on which such abandoned vehicle is located shall have signed a release authorizing removal and waiving further interest in the vehicle or parts thereof.

Pursuant to section 22654 of the California Government Code, property owner releases are not required in order to commence abatement procedures by removing abandoned vehicles or parts thereof from public right-of-way. All other noticing and owner release must be met prior to disposal of any such vehicle.

(d)

Prior to final disposition of such a low-valued vehicle or parts thereof for which evidence of registration was recovered, notice shall be provided to the registered and legal owners of the intent to dispose of the vehicle

or parts. In the event that such vehicle or parts thereof is not claimed or removed from the location of storage within 12 days after the notice is mailed, final disposition of the vehicle or part thereof may proceed.

(e)

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 7.30.070 of the Perris Municipal Code, has determined that there exists upon said land an abandoned, wrecked, dismantled or inoperative vehicle, or parts thereof, registered to ___________, license number _____, which constitutes a public nuisance pursuant to the provisions of Municipal Code chapter 7.30.

You are hereby notified to abate said nuisance by the removal of said vehicle or parts thereof within ten (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, will be assessed to you as owner of the land on which said vehicle or parts thereof is/are located.

As owner of the land on which said vehicle or parts thereof is/are located, you are hereby notified that you may, within ten (10) days after the mailing of this notice of intention, request a public hearing and if such a request is not received by the Board of Zoning Adjustment within such ten-(10) day period, the Chief of Police or his designee shall have the authority to abate and remove said vehicle or parts thereof as a public nuisance and assess the costs as stated above, without a public hearing. You may submit a sworn written statement within such ten-(10) day period denying responsibility for the presence of said vehicle or parts thereof 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 stated above in time for consideration at such hearing.

Notice mailed: _____ Signed: _____

(date) (locally designated officer)

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 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 section 7.30.070 of the Perris Municipal Code, has determined that said vehicle, or parts thereof, exist(s) 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 Municipal Code chapter 7.30. You are hereby notified to abate said nuisance by the removal of said vehicle, or parts thereof, within ten (10) days from the date of mailing of this notice.

As registered (and/or legal) owner of record of said vehicle, or parts thereof, you are hereby notified that you may, within ten (10) days after the mailing of this notice of intention, request a public hearing and if such a request is not received by the Board of Zoning Adjustment within such ten-(10) day period, the Chief of Police or his designee shall have the authority to abate and remove said vehicle or parts thereof without a hearing.

Notice mailed: _____ Signed: _____

(date) (locally designated officer)

(Code 1972, § 7.30.080; Ord. No. 415, § 1(part), 1973; Ord. No. 930, § 1(part), 1992; Ord. No. 972, § 1, 1993)

(a)

Upon request by the owner of the vehicle or owner of the land received by the chief of police or his designee within ten days after the mailing of the notices of intention to abate and remove, a public hearing shall be held by the board of zoning adjustment 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.

(b)

If the owner of the land submits a sworn written statement denying responsibility for the presence of the vehicle on his land within such ten-day period, said 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 or certified 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 said 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.

(Code 1972, § 7.30.090; Ord. No. 415, § 1(part), 1973; Ord. No. 930, § 1(part), 1992)

(a)

All hearings under this chapter shall be held before the board of zoning adjustment of the city which shall hear all facts and testimony it deems pertinent. Said facts and testimony may include the 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 board of zoning adjustment 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 board of zoning adjustment may impose such conditions and take such other action as it deems appropriate under the circumstances to carry out the purpose to 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 board of zoning adjustment 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 the administrative costs and the cost of removal to 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 number of the vehicle, if available at the site.

(b)

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 board of zoning adjustment shall not assess the cost 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.

(c)

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 board of zoning adjustment but does not appear, he shall be notified in writing of the decision.

(Code 1972, § 7.30.100; Ord. No. 415, § 1(part), 1973; Ord. No. 930, § 1(part), 1992)

(a)

Any interested party may appeal the decision of the board of zoning adjustment by filing a written notice of appeal with the city clerk within ten days after its decision in accordance with the procedures set forth in section 19.77.030. Such appeal shall be heard by the city council which may affirm, amend or reverse the order or take other action deemed appropriate. In conducting the hearing, the city council shall not be limited by the technical rules of evidence.

(b)

The clerk shall give written notice of the time and place of the hearing to the appellant and those persons specified in section 7.30.080.

(Code 1972, § 7.30.110; Ord. No. 415, § 1(part), 1973; Ord. No. 930, § 1(part), 1992)

Five days after the adoption of the order declaring the vehicle or parts thereof to be a public nuisance, five days from the date of the mailing of notice of decision if such notice is required by section 7.30.100, or 15 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 scrapyard or automobile dismantler's yard. After a vehicle has been removed, it shall not thereafter be reconstructed or made operable, unless one of the following criteria are met, in which case the vehicle or parts thereof may be reconstructed or made operable:

(1)

The vehicle, or parts thereof, qualifies for horseless carriage license plates pursuant to section 5004 of the state vehicle code; or

(2)

The vehicle, or parts thereof, qualifies for historical vehicle license plates pursuant to section 5004 of the state vehicle code.

(Code 1972, § 7.30.120; Ord. No. 415, § 1(part), 1973; Ord. No. 972, § 2, 1993)

Within five days after the date of removal of the vehicle or parts thereof, notice shall be given 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.

(Code 1972, § 7.30.130; Ord. No. 415, § 1(part), 1973)

If the administrative costs and the cost of removal which are charged against the owner of a parcel of land pursuant to section 7.30.100 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. Said assessment shall have the same priority as other city taxes.

(Code 1972, § 7.30.140; Ord. No. 415, § 1(part), 1973)

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.

(Code 1972, § 7.30.150; Ord. No. 415, § 1(part), 1973)