Redlands Municipal Code Ch. 8.56 Vehicle Abatement and Removal

A. Pursuant to the authority cited in this chapter, Vehicle Code sections 22660 and 22669, Government Code section 38773.5 and the authority granted by the state and California constitution article XI, section 7, the city council of the city of Redlands authorizes the community development director of the city to enforce the provisions of this chapter within the city. This authority includes the right to enter private or public property for the purposes specified in this chapter, to examine a vehicle or parts thereof, to obtain information as to the identity of a vehicle and remove or cause the removal of a vehicle or parts thereof declared to be a nuisance. The authority granted under this chapter shall extend to any person performing a franchise or contract awarded by the city pursuant to Vehicle Code section 22710 after a determination has been made by the community development director pursuant to Vehicle Code section 22669.

B. Unless determined otherwise pursuant to the prosecutorial discretion of the city attorney, any person interfering with or refusing entry to property to any city or contracted service employee performing duties under this chapter shall be guilty of a misdemeanor and, upon arrest and conviction, shall be punished by a fine not in excess of one thousand dollars ($1,000.00), and/or imprisonment of not more than six (6) months. This includes all attempts to retrieve, remove or relocate vehicles at the onset of, or during, the abatement and removal process by the city and/or its contractors. (Ord. 2346 § 1, 1997)

A. The city may enter into an agreement with San Bernardino County, a vehicle abatement service authority, or others, as appropriate, for vehicle abatement services provided that San Bernardino County, the vehicle abatement service authority or others will enforce the provisions of this chapter. Any such agreement shall be approved by the city council. If the city enters into an agreement with San Bernardino County, a vehicle abatement service authority or others for abatement services, all references in this chapter to the responsibilities of the city in this chapter shall become the responsibility of such contractor.

B. The city may also enter into a franchise or execute a contract for the removal of abandoned vehicles in accordance with applicable law. Any such agreement shall be approved by the city council. (Ord. 2346 § 1, 1997)

For the purpose of this chapter, unless otherwise apparent from the context, words used in this chapter are defined as follows:

ABANDONED VEHICLE: A vehicle which is located on public or private property without the express or implied consent of the property owner or person in lawful possession or control of the property.

DIRECTOR: The community development director of the city or his or her designee.

DISMANTLED: That integral component parts necessary to operate the vehicle on a highway, roadway or public street have been removed from the vehicle.

FEE: Any amount of money charged, fined or paid to the city relating to the administration and/or enforcement costs incurred for the purpose of enforcing this chapter.

INOPERABLE: A vehicle that is absent a motor, transmission, wheels or any other part of equipment necessary to operate safely on a highway, roadway or public street, or to be moved under its own power.

JUNKED: A vehicle which has been destroyed or damaged to such an extent that it is nonrepairable.

LICENSED DISMANTLER'S YARD: Premises used for dismantling or wrecking of vehicles, where there is buying, selling or dealing in such vehicles, their integral parts or component materials thereof, and the sale of dismantled, partially dismantled, wrecked or inoperative vehicles.

LIEN SALE: A sale of a vehicle to obtain legal ownership of a vehicle under title or requiting registration under the Vehicle Code.

OWNER: Any person or entity having legal title in any personal or real property subject to the provisions of this chapter.

OWNER OF THE VEHICLE: The last registered owner and legal owner of record.

PERSON: A natural person, individual, firm, copartnership, association or corporation.

PRIVATE PROPERTY: Property owned by a person other than a public entity.

PUBLIC PROPERTY: Property owned by a public entity.

ROADWAY: That portion of a highway which is improved, designed or ordinarily used for vehicular travel, including improved shoulders.

UNATTENDED VEHICLE: A vehicle for which a licensed driver responsible for the same is not within an audible distance and immediately available for moving the vehicle.

VEHICLE: Any device by which persons or property may be propelled, moved or drawn upon a highway, and shall include all types of motor vehicles, but shall exclude devices moved exclusively by human power or used exclusively upon stationary rails or tracks.

VEHICLE ABATEMENT APPEALS BOARD: A three (3) person body appointed by the community development director to hear appeals under this chapter.

WRECKED: A vehicle which has been damaged to such an extent that it is only semirepairable and/or uneconomical to repair. (Ord. 2346 § 1, 1997)

Pursuant to the determination made, and the authority granted by the state under sections 22660 et seq., of the Vehicle Code to abate and remove abandoned, dismantled, inoperative, junked and wrecked vehicles, and/or parts thereof as public nuisances, and in accordance with the city's police power authority, the city council makes the following findings and declarations:

A. The accumulation or storage of dismantled, wrecked, inoperative, junked, abandoned vehicles, or parts thereof, on private or public property is found to create a condition tending to reduce the value of private and public property, to promote blight and deterioration, 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 of the public.

B. Therefore, the presence of abandoned, dismantled, inoperative, junked or wrecked vehicles, or parts thereof, on private or public property (other than on streets, public roadways, alleys, right of way and highways) in the city, 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. (Ord. 2346 § 1, 1997)

A. This chapter shall not apply to any vehicle, or parts thereof, which is completely enclosed within a building consisting of four (4) walls and roof and constructed in a lawful manner, where such vehicle is not visible from the street or other public or private property or a vehicle, or parts thereof, which is stored or parked in a lawful manner on property used in connection with the business of a licensed dismantler, garage, vehicle dealer or junkyard.

B. This exception shall not authorize the maintenance of a public or private nuisance as defined under the provisions of law other than this chapter. (Ord. 2346 § 1, 1997)

This chapter is not the exclusive means for the regulation of abandoned, dismantled, inoperative, junked or wrecked vehicles, or parts thereof, or public nuisances 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 over the same. (Ord. 2346 § 1, 1997)

Any abandoned, dismantled, inoperative, junked or wrecked vehicles, or parts thereof, or fully or partially disassembled vehicle (including vehicles without hoods, fenders, engines, body panels, headlights, trunk lids, wheels, windows or windshields) when placed or kept for more than seventy two (72) hours in residential, commercial or industrial sites (except licensed vehicle impound storage yards, garages, vehicle dealers, junkyards and/or dismantling yards) and visible from outside the parcel of land upon which such is or are kept, is prohibited and constitutes a violation of this chapter. (Ord. 2346 § 1, 1997)

A. No person shall cause, permit, maintain, conduct or otherwise allow an abandoned, dismantled, inoperative, junked or wrecked vehicle, or parts thereof, to be openly stored within the city.

B. It shall be the duty of every owner, and/or occupant, in control of any land located within the city to remove, abate and prevent the recurrence of open storage of such a vehicle. Any recurrence of such condition of a specific vehicle on the same property may be deemed a continuation of the original condition and additional notification requirements under sections 8.56.100 and 8.56.210 of this chapter shall not be required. (Ord. 2346 § 1, 1997)

A. Emergency Abatement: When a "vehicle" defined by this chapter as a public nuisance constitutes an immediate hazard or threat of harm and the situation calls for abatement sooner than the procedures in this chapter allow, the director, the Redlands police department or the Redlands fire department may take or cause emergency removal of such nuisance with such notice to parties concerned, or without notice, as the particular circumstances reasonably allow. Required notification procedures prior to disposal of such vehicle(s) shall be followed.

B. Request For Service: If any member of the public, except self- storage operators, requests the city, in writing, to remove abandoned, dismantled, inoperative, junked or wrecked vehicles, or parts thereof, the director is authorized to provide processing and removal for a fee which covers all city costs. The city or its contractors may dispose of the removed abandoned, dismantled, inoperative, junked or wrecked vehicles or parts thereof, through transfer of title or lien sale process, or as otherwise authorized by law.

C. Complaints: The director shall investigate complaints associated with abandoned, dismantled, inoperative, junked or wrecked vehicles or parts thereof. The complaint may be made verbally, or in writing, and must have situs address and/or assessor parcel number with a description of the violation. The process referred to in section 8.56.100 of this chapter will be utilized for abatement if such is determined to be appropriate. (Ord. 2346 § 1, 1997)

A. A ten (10) day notice of intent to abate and remove shall be given to the property owner to remove the vehicle or vehicles, or parts thereof, as a public nuisance, 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. Notification shall be given either by personal delivery or posting the property, and shall be mailed by registered or certified mail addressed to the property owner's last known address or residence addresses as the same appears in the public records or the last equalized assessment roll, and to the last registered and/or legal owner of the vehicle by registered or certified mail to the last address listed with the department of motor vehicles. If such a vehicle is in such condition that identification numbers are not available to determine ownership, notice need not be given to the last registered and/or legal owner of the vehicle.

B. The notice shall be substantially as follows:

You are hereby notified to abate this public nuisance by removal of the vehicle(s), or parts thereof, within ten (10) days from the date of mailing of this notice. If you fail to do so, the public nuisance and such dismantled, wrecked, junked, inoperative, abandoned vehicle(s), or parts thereof, may be abated and removed by the City or its contractor and all the costs for abatement and removal, together with administrative costs, may be assessed to the legal owner of the land on which the public nuisance and such dismantled, junked, abandoned, inoperative vehicles, or parts thereof, are located.

C. The ten (10) day notice shall also set forth the procedures and time period for filing an appeal. The notice shall contain a statement of the hearing rights of the owner of the property on which the vehicle is located and of the owner of the vehicle. The statement shall include notice to the property owner that the property owner may appear in person at a hearing or may submit a sworn statement denying responsibility for the presence of the vehicle on the land, with the reasons for such denial, in lieu of appearing.

D. If the nuisance is not abated and a request for a hearing has not been received within the time period given in the notice, the city, its authorized agent, contractor or employee is authorized to abate the nuisance.

E. A notice of intent to abate and remove shall not be required for removal of a vehicle, or parts thereof, which is inoperable due to the absence of a motor, transmission or wheel and incapable of being towed; is valued at less than two hundred dollars ($200.00); and is determined to be a public nuisance presenting an immediate threat to public health or safety; provided that the property owner has signed a release authorizing removal and waiving further interest in the vehicle, or parts thereof. Pursuant to Vehicle Code section 22661, notice of intent to dispose of the vehicle, or parts thereof, shall be provided to the last registered and legal owner prior to final disposition. If the vehicle, or parts thereof, are not claimed and removed within twelve (12) days after the notice is mailed, the city, or its contractor, may authorize disposal of the vehicle and parts thereof. The city and its contractors shall not be liable for damage caused to a vehicle, or parts thereof, by removal pursuant to this section. This section shall only apply to inoperable vehicles located upon a parcel that: 1) is zoned for agricultural use; or 2) is not improved with a residential structure containing one or more dwelling units.

F. Notice shall be given to the department of motor vehicles within five (5) days after the date of removal of vehicles under this section, identifying the vehicle, or parts thereof, and any evidence of registration available, including, but not limited to, the registration card, certificates of ownership or license plates.

G. No vehicle which has been abated or removed as a public nuisance shall thereafter be reconstructed or made operable unless it is a vehicle which qualifies for either horseless carriage license plates or historical vehicle license plates pursuant to Vehicle Code section 5004, in which case the vehicle may be reconstructed or made operable.

H. The city, its employees and agents, and contract services shall not be liable for damage caused to a vehicle, or parts thereof, by removal pursuant to this chapter. (Ord. 2346 § 1, 1997)

A. When abatement has been completed, the director may render to the city finance director an itemized statement covering work necessary for the abatement. The finance director may present the property owner a demand for payment by mail. If payment is not made on behalf of the property owner within sixty (60) days after mailing of such bill, the director may file the necessary documents to make the cost of the abatement of the nuisance a special assessment against that parcel of land as provided in Government Code section 38773.5. The assessment may be collected at the same time and in the same manner as ordinary municipal taxes are collected and shall be subject to the same penalties and sale in case of delinquency as provided for ordinary municipal taxes.

B. All laws applicable to the levy, collection and enforcement of municipal taxes shall be applicable to the special assessment. However, if any real property to which the cost of abatement relates has been transferred or conveyed to a bona fide purchaser for value, or if a lien of a bona fide encumbrancer of value has been created and attached thereon, prior to the date on which the first installment of such taxes would become delinquent, then the cost of abatement shall not result in a lien against the real property, but instead, shall be transferred to the unsecured roll for collection.

C. Notices or instruments relating to abatement proceedings or special assessment shall be entitled to recordation. Costs of removal and administrative costs are a debt to the city from the owner of the property and/or vehicle and may be enforced as such in any court of competent jurisdiction. (Ord. 2346 § 1, 1997)

A. Upon written request by the legal owner of the vehicle under title or requiring registration under the Vehicle Code, or the owner of the land on which such vehicle is located, received by the city within ten (10) days after mailing the notice of intent to abate and remove, or a sworn written statement from the owner of the land claiming nonresponsibility for the vehicle(s), a public hearing shall be held by the vehicle abatement appeals board on the abatement and removal of such vehicle(s), and parts thereof, as a public nuisance.

B. The sworn written statement shall be construed as a request for hearing which does not require the presence of the owner submitting such a request. The vehicle abatement appeals board shall hear and act on appeals within sixty (60) days of filing and its determination shall be conclusive. The owner of the land on which the vehicle is located may appear in person at the hearing, or present a sworn written statement denying responsibility for the presence of the vehicle on the land, with the reasons for such denial.

C. If it is determined at the hearing that the vehicle was placed on the land without the consent of the landowner and that the property owner has not subsequently acquiesced in its presence, then the city 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 cost from the owner. If such a request is not received within such period as described in this section, then the director shall have the authority to remove the vehicle. (Ord. 2346 § 1, 1997)

Any appeal from charges for the cost of removal and abatement must be filed within sixty (60) days from the date of billing or mailing of a bill which shows abatement charges. The appeal shall be heard by the vehicle abatement appeals board. (Ord. 2346 § 1, 1997)

All or any portion of any such special assessment, penalty, or costs heretofore entered, shall on order of the vehicle abatement appeals board be canceled as uncollected, or refunded by the city if collected, if it or they were entered, charged or paid:

A. More than once;

B. Through clerical error;

C. Through the error or mistake of the vehicle abatement appeals board, the director or the person designated by the board to give notice to abate regarding any material fact relevant to the determination of a charge;

D. Illegally;

E. The owner of the land was not responsible for the vehicle(s);

F. On property acquired after the lien date by the state or by any county, city, school district, or other political subdivision and because of this public ownership, not subject to sale for delinquent taxes. (Ord. 2346 § 1, 1997)

No order for a refund under section 8.56.140 of this chapter shall be made except on a claim verified by the person who paid the special assessment, or his or her guardian, executor or administrator and filed within three (3) years after making the payment sought to be refunded. (Ord. 2346 § 1, 1997)

A. Abandonment of any vehicle on public or private property shall constitute a prima facie presumption that the last registered owner of record is responsible for the abandonment and is liable for the cost of removal and disposition of the vehicle. When the abatement has been completed, the director may render to the city finance director an itemized statement covering work necessary for abatement and the finance director may present to the registered owner of the vehicle a demand for payment of the costs required for removal and disposition of the vehicle pursuant to Vehicle Code section 22669 and appropriate provisions of this chapter, not to exceed those for towing and seven (7) days of storage.

B. The limitation of this section shall not apply if the registered owner or legal owner of the vehicle has completed and returned to the lien holder a declaration of opposition form within the time specified in Vehicle Code section 22851.8. (Ord. 2346 § 1, 1997)

If a vehicle or part thereof is removed from a property as a public nuisance, the vehicle or parts thereof may be disposed of by removal to a scrap yard, licensed automobile dismantler's yard or any suitable site determined by the city for processing as scrap. (Ord. 2346 § 1, 1997)

A. If an abandoned vehicle and parts thereof are removed from a property, and the estimated value of the vehicle is three hundred dollars ($300.00) or less, a distinctive notice which states that the vehicle will be removed by the city or its contractors shall be securely attached to the vehicle not less than seventy two (72) hours before the vehicle is removed. Immediately after the removal of the vehicle, the city shall notify the stolen vehicle system of the department of justice in Sacramento of the removal.

B. Within forty eight (48) hours of the removal, excluding weekends and holidays, a notice shall be sent to the registered and legal owners of the vehicle by registered or certified first class mail to the last address listed with the department of motor vehicles, and to any other person known to have an interest in the vehicle. This notice shall include the following information:

1. The name, address and telephone number of the city;

2. The location of the place of storage and description of the vehicle which shall include, if available, make, license plate number, vehicle identification number, and mileage;

3. The authority and purpose for removing the vehicle;

4. A statement that the vehicle will be disposed of fifteen (15) days from the date of the notice;

5. A statement that the owners and interested persons, or their agents, have an opportunity for a poststorage hearing to determine the validity of the storage, if the request is made in person, in writing, or by telephone within ten (10) days from the date of the notice that, if the owner or interested person or his/her agent, disagrees with the decision of the city the decision may be reviewed pursuant to section 11523 of the Government Code, and that during the time of the initial hearing or during the time the decision is being reviewed pursuant to section 11523 of the Government Code, the vehicle in question shall not be disposed of;

6. Any requested hearings shall be conducted within forty eight (48) hours of the request, excluding weekends and holidays.

C. Failure of either the registered or legal owner or interested person or their agent to request or to attend a scheduled hearing shall satisfy due process poststorage validity hearing requirements.

D. If after fifteen (15) days from the notification date, the vehicle remains unclaimed and the towing and storage fees have not been paid, and if no request for a poststorage hearing was made or a poststorage hearing was not attended, the city may authorize disposal of the vehicle on a form approved by the department of motor vehicles. If the vehicle is claimed by the owner within fifteen (15) days of the notice date, the lien holder which is storing the vehicle may collect reasonable fees for services rendered, but may not collect lien sale fees as provided for in Vehicle Code section 22851.12.

E. If the names and addresses of the registered and legal owners of the vehicle are not available from the records of the department of motor vehicles, the city may authorize disposal of the vehicle at any time after the removal.

F. Disposal of the vehicle may only be to a licensed dismantler or scrap iron processor. A vehicle disposed of pursuant to this section shall not be reconstructed or made operable, unless it is a vehicle which qualifies for either horseless carriage or historical vehicle license plates. A copy of the city's authorization for disposal shall be forwarded to the licensed dismantler within five (5) days of the disposal to a licensed dismantler. A copy of the city's authorization for disposal shall be retained by the lien holder who stored the vehicle for a period of ninety (90) days if the vehicle is disposed of to a scrap iron processor.

G. The city, or at the request of the city the lien holder, shall obtain a copy of the names and addresses of all persons having an interest in the vehicle, if any, from the department of motor vehicles either directly or by use of the California law enforcement telecommunications system. This section does not require the city or lien holder to obtain a copy of the actual record on file at the department of motor vehicles. (Ord. 2346 § 1, 1997)

After the abatement and removal process has occurred, and the poststorage notification requirements described in section 8.56.180 of this chapter have been met, a lien sale may be conducted on every removed, abandoned vehicle with a value of over three hundred dollars ($300.00) and such sale may be carried out if all fees and costs for the removal, storage and application for lien sale have not been paid and the vehicle has not been redeemed by the registered or legal owner of the vehicle. (Ord. 2346 § 1, 1997)

A. A vehicle which is valued at three hundred dollars ($300.00) or less, and which has been removed from a property by the city and/or its contract services as an abandoned vehicle, may be redeemed by the registered or legal owner of the vehicle after payment of reasonable removal and storage costs, excluding lien sale costs, within fifteen (15) days of the mailing date of notification of removal.

B. A vehicle which is valued at three hundred dollars ($300.00) or less, and which has been removed from a property by the city and/or its contract services as a public nuisance, may be redeemed by the registered or legal owner of the vehicle after payment of reasonable removal, storage and any lien sale costs within the time period provided in section 8.56.100 of this chapter.

C. A vehicle which is valued at greater than three hundred dollars ($300.00) and which has been removed from a property by the city and/or its contact services, may be redeemed by the registered or legal owner of the vehicle after payment of reasonable removal, storage and lien sale costs, within the time period provided in section 8.56.100 of this chapter. (Ord. 2346 § 1, 1997)

A. Notwithstanding any other provision of this chapter, the director is authorized to remove abandoned and unattended vehicles pursuant to the provisions of the law, including appropriate ordinances adopted by the city, and abandoned vehicles pursuant to the provisions of Vehicle Code section 22669.

B. In exercising this authority, they shall follow all procedural and legal requirements applicable to the sections. (Ord. 2346 § 1, 1997)

A. This chapter shall be administered under the direction and control of the city manager, who shall use only regularly employed and salaried officers or other employees in the administration thereof, according to the requirements of the law, except that, as authorized by the law, the removal of vehicles or parts thereof from property may be by any other duly authorized person or agent of the city.

B. Any such authorized person or agent may enter upon private property for the purposes specified in the chapter to examine a vehicle, or parts thereof, obtain information as to the identity of a vehicle and remove, or cause the removal of a vehicle, or parts thereof, declared a public nuisance pursuant to this chapter. (Ord. 2346 § 1, 1997)

A. Unless otherwise provided, any person, entity, agency, firm or corporation violating any provision of this chapter, other than the provisions of subsection 8.56.010B of this chapter, shall be guilty of an infraction or misdemeanor, dependent upon the prosecutorial discretion of the city attorney, and each day or portion thereof such violation is in existence shall be a new and separate offense.

B. Any person so convicted shall be:

1. Guilty of an infraction, punishable by a fine of not less than fifty dollars ($50.00), but not exceeding one hundred dollars ($100.00) as provided in Vehicle Code section 22523, for a first violation;

2. Guilty of an infraction offense and punishable by a fine of not less than one hundred dollars ($100.00) and not exceeding two hundred dollars ($200.00) for a second violation;

3. The third and any additional violations shall constitute a misdemeanor offense and shall be punished by a fine of one thousand dollars ($1,000.00), or by imprisonment in the county jail for a term not exceeding six (6) months, or both.

C. Notwithstanding the above, a first or second offense may be charged and prosecuted as a misdemeanor. In addition to the above penalties, such convicted person, agency, firm, corporation or other entity may, in the discretion of the court, be ordered to reimburse the city for all necessary costs incurred through investigation, discovery, analysis, inspection, abatement and other actual costs incurred by the city or its agents pertaining to the violation.

D. The court shall fix the amount of any such reimbursements upon submission of proof of such costs by the city. Payment of any penalty herein provided shall not relieve a person, firm, corporation or other entity from the responsibility of correcting the condition resulting from the violation. (Ord. 2346 § 1, 1997)

A. Any use of property contrary to the provisions of this chapter shall be and is declared to be unlawful. Upon request of the director, an action for injunctive relief may be commenced for the abatement, removal and enjoinment thereof in the manner provided by law.

B. Application shall be made to the court having jurisdiction to grant such relief to abate or remove such use, and restrain and enjoin any person from using any property contrary to the provisions of this chapter. (Ord. 2346 § 1, 1997)

A. Pursuant to Government Code section 38773.5, in the event any action, administrative proceeding or special proceeding is commenced by the city to abate a nuisance in accordance with the provisions of this chapter, and at the initiation of such action or proceeding the city has elected to seek recovery of its own attorney fees, the prevailing party in such action, administrative proceeding or special proceeding shall be entitled to the recovery of its reasonable attorney fees, in an amount not in excess of the reasonable attorney fees incurred by the city in such action or proceeding.

B. In the event the city elects to seek recovery of its attorney fees in any action or proceeding commenced to abate a nuisance pursuant to this chapter, written notice of the same shall be sent to the owner of the property constituting the alleged nuisance. (Ord. 2346 § 1, 1997)

The provisions of sections 38773.5 and 39580 to 39585 of the Government Code, as they exist and as they may be subsequently amended, are incorporated herein by this reference and made a part of this chapter. The county auditor and/or assessor shall enter any assessment in charge imposed pursuant to this chapter in the county tax role for the affected parcel of property. The amount of the assessment or charge shall be collected at the time and in the manner as ordinary municipal taxes; and if delinquent, the amount is subject to the same penalties and procedures of foreclosure and sale as are provided for ordinary municipal taxes. (Ord. 2346 § 1, 1997)