Rancho Santa Margarita Municipal Code Ch. 12.05 Abandoned, Wrecked, Dismantled, or Inoperative Vehicles

Footnotes:

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State Law reference— Removal of parked and abandoned vehicles, Vehicle Code § 22650 et seq.; local ordinances for removal of abandoned, wrecked, dismantled, or inoperative vehicles, Vehicle Code § 22660

(a) In addition to other statutory authority for the removal of vehicles from public or private property and in accordance with the authority granted by the State of California under Vehicle Code § 22669 to remove abandoned, wrecked, dismantled, or inoperative vehicles or parts thereof as public nuisances, the City Council hereby makes the findings and declarations enumerated in subsection (b) below.

(b) The accumulation and storage of abandoned, wrecked, dismantled or inoperative vehicles or parts thereof on private or public property, not including highways, is hereby 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 for minors, to create a harborage for rodents and insects, and to be injurious to 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 hereby declared to constitute a public nuisance, which may be abated as such in accordance with the provisions of this chapter.

(OCC § 6-4-800; Ord. No. 3768, § 2, 11-7-1989)

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:

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.

(OCC § 6-4-801; Ord. No. 3768, § 2, 11-7-1989)

(a) This chapter is not applicable to:

(1) A vehicle, or parts thereof, that 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, that is stored or parked in lawful manner on private property in connection with the business of a licensed dismantler, licensed vehicle dealer or a junkyard.

(b) Nothing in this section shall authorize the maintenance of a public or private nuisance as defined under provisions of law other than this chapter.

(OCC § 6-4-802; Ord. No. 3768, § 2, 11-7-1989)

State Law reference— Required provisions, Vehicle Code § 22661(b).

This chapter is not the exclusive regulation of abandoned, wrecked, dismantled, or inoperative vehicles. It shall supplement and be in addition to the other regulatory codes, statutes and ordinance.

(OCC § 6-4-803; Ord. No. 3768, § 2, 11-7-1989)

Except as otherwise provided herein, the provisions of this chapter shall be administered and enforced by the Sheriff. In the enforcement of this chapter, such officer and his regularly salaried fulltime deputies may enter upon private or public property to examine a vehicle or parts thereof or obtain information as to the identity of the owner of the vehicle and to remove or cause the removal of a vehicle or parts thereof declared to be a nuisance pursuant to this chapter.

(OCC § 6-4-8804; Ord. No. 3768, § 2, 11-7-1989)

When the City Council has contracted with or granted a franchise to any person or persons to do so, 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.

(OCC § 6-4-805; Ord. No. 3768, § 2, 11-7-1989)

The City Council shall, by resolution, determine and fix an amount to be assessed as costs of administration and removal of any vehicle or parts thereof under this chapter.

(OCC § 6-4-806; Ord. No. 3768, § 2, 11-7-1989)

Upon discovering the existence of an abandoned, wrecked, dismantled, or inoperative vehicle or parts thereof on private property or public property, the Sheriff shall have the authority to cause the abatement and removal thereof in accordance with the procedure prescribed herein.

(OCC § 6-4-701; Ord. No. 3768, § 2, 11-7-1989)

A ten-day notice of intention to abate and remove the vehicle or parts thereof as a public nuisance shall be given unless the property owner and the owner of the vehicle have signed releases authorizing removal and waiving further interest in the vehicles or parts thereof. Said notice 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 notice of intention shall be in substantially the following forms:

LAND OWNER

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 12.05.080 of the Rancho Santa Margarita Municipal Code, has determined that there exists upon said land an abandoned, wrecked, dismantled, or inoperative vehicle, or parts thereof (hereinafter "vehicle"), registered to _____________, license number _____________, which constitutes a public nuisance pursuant to the provisions of section 12.05.010 of said Code.

"You are hereby notified to abate said nuisance by the removal of said vehicle or parts thereof, within ten days of the date of mailing of this notice, and upon your failure to do so the same will be abated and removed by the City, with administrative costs assessed to you as owner of the land on which said vehicle is located. Upon removal, said vehicle(s) shall not be reconstructed or made operable unless it qualifies for either horseless carriage license plates or historical vehicle license plates pursuant to section 5004 of the Vehicle Code.

"As owner of the land on which said 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 Sheriff within such ten-day period, the Sheriff shall have the authority to abate and remove said vehicle as a public nuisance and assess the cost 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 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/ ______________________

Sheriff"

VEHICLE OWNER

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 the 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 12.05.080 of the Rancho Santa Margarita Municipal Code, has determined that said vehicle, or parts thereof (hereinafter "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 section 12.05.010 of said Code.

"You are hereby notified to abate said nuisance by the removal of said vehicle within ten days after the mailing of this notice. You are further 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 Sheriff within such ten-day period, the Sheriff shall have the authority to abate and remove said vehicle without a hearing. Upon removal, said vehicle shall not be reconstructed or made operable unless it qualifies for either horseless carriage license plates or historical vehicle license.

Notice mailed ___________ (date).

/s/ _____________________

Sheriff"

(OCC § 6-4-808; Ord. No. 3768, § 2, 11-7-1989)

(a) Upon request by the owner of the vehicle or owner of the land received by the Sheriff within ten days after the mailing of the notices of the intention to abate and remove, a public hearing shall be held by the Sheriff 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 administration cost and the costs 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 that 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, if known. 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 Sheriff shall have the authority to abate and remove the vehicle as a public nuisance without holding a public hearing.

(OCC § 6-4-809; Ord. No. 3768, § 2, 11-7-1989)

State Law reference— Required provisions, Vehicle Code § 22661(d), (g).

(a) All hearings under this chapter shall be held before the Sheriff, who shall hear all facts and testimony he deems pertinent. Said facts and testimony may include testimony on the condition of the vehicle or parts thereof and the circumstances concerning its location on said private or public property. The Sheriff 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.

(b) The Sheriff may impose such conditions and take such other action as he deems appropriate under the circumstances to carry out the purpose of this chapter. He may delay the time for removal of the vehicle or parts thereof if, in his opinion, the circumstances justify it. At the conclusion of the public hearing, he 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. Such order shall be in writing.

(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 in its presence, the Sheriff 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.

(d) 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, he shall be notified by registered or certified mail of the decision. If the owner of the vehicle requested the hearing, but does not appear, he shall be notified by registered or certified mail of the decision.

(OCC § 6-4-810; Ord. No. 3768, § 2, 11-7-1989)

State Law reference— Required provisions, Vehicle Code § 22661 (g).

(a) The owner of the land or the owner of the vehicle who requested a public hearing by the Sheriff may appeal the decision of the Sheriff by filing a written notice of appeal with the Sheriff within five days after the Sheriff's decision.

(b) Such appeal shall be heard by the City Council, which may affirm, amend or reverse the order or take other action deemed appropriate.

(c) The City Clerk shall give written notice of the time and place of the hearing to the appellant and those persons specified in section 12.05.090.

(d) In conducting the hearing, the City Council shall not be limited by the technical rules of evidence. The decision of the City Council shall be final.

(OCC § 6-4-811; Ord. No. 3768, § 2, 11-7-1989)

After a vehicle has been removed pursuant to the provisions of this chapter, it shall not 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 Vehicle Code § 5004, in which case the vehicle may be reconstructed or made operable,

State Law reference— Required provisions, Vehicle Code § 22661(f).

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 the notice of the decision, if such notice is required by section 12.05.110, or 15 days after such action of the City Council authorizing removal following appeal, the vehicle or parts thereof may be disposed of by removal to a scrap yard or automobile dismantler's yard, subject to the provisions of section 12.05.130 relating to horseless carriages or historic vehicles.

(OCC § 6-4-812; Ord. No. 3768, § 2, 11-7-1989)

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 or registration available, including, but not limited to, registration card, certificates of ownership, or license plates.

(OCC § 6-4-813; Ord. No. 3768, § 2, 11-7-1989)

State Law reference— Required provisions, Vehicle Code § 22661(a).

If the administrative costs and the cost of removal that are charged against the owner of the parcel of land pursuant to section 12.05.070 are not paid within 30 days of the date of the order, or the final disposition of an appeal therefrom, such costs shall become a nuisance abatement lien. The owner of record of the property subject to any lien shall be given notice of the lien prior to recording as required by Government Code § 38773.1.

(OCC § 6-4-814; Ord. No. 3768, § 2, 11-7-1989)