Rancho Palos Verdes Municipal Code Ch. 10.12 Abandoned Vehicles

In addition to and in accordance with the determination made and the authority granted by the state under Vehicle Code § 22660 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 parts thereof, on private or public property not including highways, 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.

(Code 1981, § 10.12.010; Ord. No. 21, § 1(part), 1974)

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:

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. The term "highway" includes street.

B. Public property does not include highway.

C. 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.

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

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.

(Code 1981, § 10.12.020; Ord. No. 21, § 1(part), 1974)

A. This chapter shall not apply to:

1. 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; 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, a 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 1981, § 10.12.030; Ord. No. 21, § 1(part), 1974)

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 1981, § 10.12.040; Ord. No. 21, § 1(part), 1974)

Except as otherwise provided in this chapter, the provisions of this chapter shall be administered and enforced by the city manager, or their designee. In the enforcement of this chapter, the city manager, or their designee, or assistant 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 1981, § 10.12.050; Ord. No. 21, § 1(part), 1974)

When the city council has contracted with or granted a franchise to any person, such person 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 1981, § 10.12.060; Ord. No. 21, § 1(part), 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.

(Code 1981, § 10.12.070; Ord. No. 21, § 1(part), 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 their designee, shall have the authority to cause the abatement and removal thereof in accordance with the procedure prescribed in this chapter.

(Code 1981, § 10.12.080; Ord. No. 21, § 1(part), 1974)

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 property owner and the owner of the vehicle have signed releases authorizing removal and waiving further interest in the vehicle or part thereof. However, the notice of intention is not required for removal of a vehicle or part thereof that is inoperable due to the absence of a motor, transmission, or wheels and incapable of being towed, is valued at less than $200.00 by a person specified in Vehicle Code § 22855 and is determined by the city to be a public nuisance presenting an immediate threat to public health or safety. This section applies only to inoperable vehicles located upon a parcel that is zoned for agricultural use or not improved with a residential structure containing one or more dwelling units. 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 chapter 10.12 of the Rancho Palos Verdes 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 chapter 10.12 of the Rancho Palos Verdes Municipal Code.

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 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 city manager or their designee within such ten-day period, the city manager or their designee 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 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 written statement as aforesaid in time for consideration at such hearing.

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 chapter 10.12 of the Rancho Palos Verdes 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 chapter 10.12, of the Rancho Palos Verdes Municipal Code.

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 said 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 request is not received by the city manager or their designee within such ten-day period, the city manager or their designee shall have the authority to abate and remove said vehicle (or said parts of a vehicle) without a hearing.

(Code 1981, § 10.12.090; Ord. No. 21, § 1(part), 1974)

A. Upon request by the owner of the vehicle or owner of the land received by the city manager or their designee within ten days after the mailing of the notices of intention to abate and remove, a public hearing shall be held by the city manager or their designee 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 their land within such ten-day period, said statement shall be construed as a request for a hearing which does not require their 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 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 1981, § 10.12.100; Ord. No. 21, § 1(part), 1974)

A. All hearings under this chapter shall be held before the city manager or their designee which shall hear all facts and testimony they deem pertinent. Said facts and testimony may include testimony on the condition of the vehicle or parts thereof and the circumstances concerning its location on the private property or public property. The city manager or their designee 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 statement in time for consideration at the hearing and deny responsibility for the presence of the vehicle on the land, with their reasons for such denial.

B. The city manager or their designee may impose such conditions and take such other action as they deem appropriate under the circumstances to carry out the purpose of this chapter. They may delay the time for removal of the vehicle or parts thereof if, in their opinion, the circumstances justify it. At the conclusion of the public hearing, the city manager or their designee 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 dispose 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 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.

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 they have not subsequently acquiesced in its presence, the city manager or their designee 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.

D. If the owner of the land submits a sworn written statement denying responsibility for the presence of the vehicle on their land but does not appear, or if an interested party makes a written presentation to the city manager or their designee, but does not appear, they shall be notified in writing of the decision.

(Code 1981, § 10.12.110; Ord. No. 21, § 1(part), 1974)

A. Any interested party may appeal the decision of the city manager or their designee by filing a written notice of appeal with the city manager or their designee within five days after their decision.

B. Such appeal shall be heard by the city council which may affirm, amend or reverse the order to take other action deemed appropriate.

C. The clerk shall give written notice of the time and place of the hearing to the appellant and those persons specified in section 10.12.090.

D. In conducting the hearing, the city council shall not be limited by the technical rules of evidence.

(Code 1981, § 10.12.120; Ord. No. 21, § 1(part), 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 notice of the decision if such notice is required by section 10.12.110, or 15 days after such action of the governing body authorizing removal following 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 it is a vehicle which qualifies for either horseless carriage license plates or historical license plates, pursuant to Vehicle Code § 5004, in which case the vehicle may be reconstructed or made operable.

(Code 1981, § 10.12.130; Ord. No. 21, § 1(part), 1974; Ord. No. 135, § 3, 1980)

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 1981, § 10.12.140; Ord. No. 21, § 1(part), 1974)

If the administrative costs and the cost of removal which are charged against the owner of a parcel of land pursuant to section 10.12.110 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 Government Code § 38773.5 and shall be transmitted to the tax collector for collection. Said assessment shall have the same priority as other city taxes.

(Code 1981, § 10.12.150; Ord. No. 21, § 1(part), 1974)