Chapter 13.80 — ABANDONED VEHICLES

Note: Prior history: Prior code §§ 17-80—17-86, 17-88, 17-90—17-92, 68-0-0104, 71-0-150 and 80-0-121.

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 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 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 hereinafter permitted, is a public nuisance which may be abated as such in accordance with the provisions of this chapter.

(Prior code § 17-80; Ord. 68-O-104 § 1, 1968; Ord. O-2002-06 § 1, 2002)

As used in this chapter:

"Abandoned vehicle" means a vehicle to which possession, including all rights and title has been relinquished or a vehicle which has been left upon public or private property for more than five consecutive days without the express or implied consent of the owner or person in lawful possession of the property;

"Dismantled vehicle" means a vehicle which is partly or wholly taken apart in such a way as to render the vehicle unsafe or illegal to operate on any public street;

"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" means a vehicle which has (a) one or more flat tires, or (b) is mechanically incapable of being driven or (c) is prohibited from being operated on a public street or highway pursuant to California Vehicle Code sections 4000, 5202, 24002 or 40001, concerning license plates, registration, equipment, safety or related matters;

"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 "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 damage sustained to a vehicle which renders it unsafe and illegal to operate on any public street.

(Prior code § 17-80; Ord. 68-O-104 § 1, 1968; Ord. 71-O-150 § 1, 1971; Ord. O-2002-06 § 1, 2002)

This chapter shall not apply to:

• (1) A vehicle or part 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; or

• (2) 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;

• (3) 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 not including highways within the city for a period in excess of five days 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 vehicles 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;

• (4) 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.

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 § 17-81; Ord. 68-O-104 § 1, 1968; Ord. 71-O-150 § 2, 1971; Ord. O-2002-06 § 1, 2002)

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.

(Prior code § 17-82; Ord. 68-O-104 § 1, 1968; Ord. O-2002-06 § 1, 2002)

Except as otherwise provided herein, the provisions of this chapter shall be administered and enforced by the Placentia City Administrator or his designee. In the enforcement of this chapter, the City Administrator or his 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 part thereof which has been declared a nuisance pursuant to this chapter.

(Prior code § 17-83; Ord. 68-O-104 § 1, 1968; Ord. 71-O-150 § 3, 1971; Ord. O-2002-06 § 1, 2002)

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.

(Prior code § 17-84; Ord. 68-O-104 § 1, 1968; Ord. O-2002-06 § 1, 2002)

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 § 17-85; Ord. 68-O-104 § 1, 1968; Ord. O-2002-06 § 1, 2002)

• (a) 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 Administrator or his designee shall have the authority to cause the abatement and removal thereof in accordance with the procedure prescribed herein.

• (b) A 10 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, 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 the Placentia 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 the provisions of Placentia Municipal Code, Chapter 13.80.

"You are hereby notified to abate said nuisance by the removal of said vehicle (or said parts of a vehicle) within ten 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 of Placentia 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.

"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 ten days after the mailing of this notice of intention, request a public hearing and if such a request is not received by the Placentia City Administrator within such ten-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 statement as aforesaid in time for consideration at such hearing.

Notice Mailed___________________

(Date)_________________________

s/ ____________________________

(City Administrator or designee)

"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 the Placentia Municipal Code has determined that said vehicle (or parts of a vehicle) exists as an abandoned, wrecked, dismantled or inoperative vehicle at ________ and constitutes a public nuisance pursuant to the provisions of the Placentia Municipal Code, Chapter 13.80.

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

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

Notice Mailed__________________

(Date)________________________

s/ ___________________________

(City Administrator or designee)

(Prior code § 17-86; Ord. 68-O-104 § 1, 1968; Ord. 71-O-150 § 4, 1971; Ord. O-2002-06 § 1, 2002)

All hearings under this chapter shall be held before the city council which shall hear all facts and testimony it deems pertinent. Said facts and testimony may include testimony on the condition of the vehicle or part thereof and the circumstances concerning its location on the said private property or public property. The hearing body shall not be limited to 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 reasons for such denial.

The hearing body 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 part thereof if, in its opinion, the circumstances justify it. At the conclusion of the public hearing, the hearing body may find that a vehicle or part 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 hereafter 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.

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 has not subsequently acquiesced in its presence, the hearing body 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.

If an interested party makes a written presentation to the hearing body but does not appear, he shall be notified in writing of the decision. (Prior code § 17-88; Ord. 68-O-104 § 1, 1968; Ord. 71-O-150 § 5, 1971; Ord. 80-O-121 § 2, 1980; Ord. O-2002-06 § 1, 2002)

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 notice of the decision if such notice is required by Section 13.80.100, or fifteen days after such action of the governing body authorizing removal following appeal, the vehicles 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 that qualifies for either horseless carriage license plates or historical vehicle license plates pursuant to California Vehicle Code Section 5004.

(Prior code § 17-90; Ord. 68-O-104 § 1, 1968; Ord. O-2002-06 § 1, 2002)

Within five days after the date of removal of the vehicle or part thereof, notice shall be given to the Department of Motor Vehicles identifying the vehicle or part 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. (Prior code § 17-91; Ord. 68-O-104 § 1, 1968; Ord. O-2002-06 § 1, 2002)

If the administrative costs and the cost of removal which are charged against the owner of a parcel of land pursuant to Section 13.80.100 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 Sec. 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. (Prior code § 17-92; Ord. 68-O-104 § 1, 1968; Ord. O-2002-06 § 1, 2002)