Port Hueneme Municipal Code Part B Vehicles

The provisions of this Part shall govern the abatement and removal of motor vehicles, or part or parts thereof, which are abandoned, wrecked, dismantled or inoperative. "Motor Vehicle" as used in this Part shall be defined as set forth in Section 670 of the Vehicle Code.

Any motor vehicle which is abandoned, wrecked, dismantled or inoperative, or any part or parts thereof, located on any private property, or public property, excluding highways, in the City, is hereby declared to be a public nuisance.

(a) Abatement. Where such motor vehicle is found to constitute a public nuisance, by reason of its condition and location, as herein provided, such nuisance shall be abated and the motor vehicle, and all parts thereof, shall be removed and disposed of as provided in this Part.

(b) Declaration. The Enforcement Officer shall give the notice required hereinafter whenever any motor vehicle is being maintained contrary to the provisions of this Part by reason of its condition and location.

(a) Notice. Prior to removal of any such vehicle, or part or parts thereof, the Enforcement Officer shall give a ten (10) day notice of his intention to abate the nuisance by removal. Such notice shall contain the information required pursuant to Section 22661 of the Vehicle Code and shall describe the vehicle involved and the property whereon the same is located, including, but not limited to, the correct identification number and license number thereof, if available. Such notice shall be given in the manner prescribed in said Section 22661.

(b) Request for Hearing. Within ten (10) days after the mailing of said notice, the owner of the lot upon which such vehicle or part or parts thereof is located, or the owner of the vehicle, may file a written request, as provided in said Section 22661, with the City Clerk, requesting a hearing on such matter. If no such request is made, the Enforcement Officer shall abate the nuisance as provided in the notice relating thereto.

(c) Notice. Notice of the hearing to determine whether a vehicle or part thereof constitutes a public nuisance, if requested within the time permitted, shall be given by the City Clerk to the owner of the land whereon the vehicle is located, whose name appears, as such, on the last equalized assessment roll, and to the vehicle owner as shown on the last registration of the vehicle, unless the vehicle is in such condition that identification numbers are not available to determine ownership. Such notice shall be given by United States mail, certified or registered, with a five (5) day return requested and postage thereon prepaid. "Owner" as used herein shall include any person in possession of the affected premises, and any person having or claiming to have, any legal or equitable interest in said premises. The failure of any person to receive such notice shall not affect the validity of any proceedings hereunder.

(d) Hearing. If a request for a hearing is made, the same shall be held before the Council. At the time and place of hearing, the Council shall hear and consider all relevant evidence, including, but not limited to, applicable staff reports, objections or protests relative to the existence of such alleged public nuisance and the manner proposed for abatement of the same. Said hearing may be continued from time to time.

Upon conclusion of said hearing, the Council, based upon the evidence presented at such hearing, shall determine whether the vehicle, or any part thereof, as maintained constitutes a public nuisance as defined herein. If the Council finds that a public nuisance exists, it shall order by resolution the same abated within a reasonable time to be set by it.

The owner of the land on which the vehicle is located may appear in person at such hearing, or present a written statement in time for consideration at the hearing, denying responsibility for the presence of the vehicle on the land, together with his reasons for such denial. If the Council determines that the vehicle was placed upon the land without the consent or the landowner, and the landowner has not subsequently acquiesced in its presence, the cost of abatement thereof shall not be levied against such property owner.

A copy of the resolution ordering the abatement of said nuisance shall be served upon the owners of said property in accordance with the provisions of Section 3403 hereof.

After a final determination that a motor vehicle, or parts thereof, constitutes a public nuisance within the meaning of this Part, the owner of the motor vehicle, and/or the owner of the property whereon the same is located, shall abate the said public nuisance by removing the same in the time set forth in the order of abatement relating thereto. If such person or persons fail to abate such public nuisance, the Enforcement Officer shall abate the same by City forces or private contract in the time and manner permitted by Section 22661 of the Vehicle Code.

Where the abatement of a public nuisance pursuant to this Part is accomplished by City forces, the provisions of Section 3411 et seq. hereof shall be applicable to such proceedings.

The provisions of this Part shall be administered by the City Manager or his designee.

Motor vehicles or parts thereof, declared to be a public nuisance pursuant to this Part, shall be disposed of in the manner provided by Section 22660 of the Vehicle Code; provided that, after a motor vehicle has been declared to be a public nuisance and has been removed from the premises where located, the same shall not be reconstructed or otherwise made operable.

Within five (5) days after the date of removal of a vehicle or part thereof, the Enforcement Officer shall cause to be forwarded to the Department of Motor Vehicles of the State of California notice identifying the vehicle or part thereof, and any evidence of registration available, including, but not limited to, registration certificates of title or license plates on any such vehicle.

This Part shall not apply:

(a) To a vehicle or part thereof which is completely enclosed within a building in a lawful manner, where the same is not visible from the street or other public or private property; and

(b) To a vehicle or part thereof which is stored or parked in a lawful manner on private property in conjunction with the business of a licensed dismantler, licensed vehicle dealer or a junk yard; provided, however, that this latter exception shall not authorize the maintenance of any premises contrary to the provisions of this Code.