Redondo Beach Municipal Code Ch. 18 Removal of Abandoned, Wrecked, Dismantled, or Inoperative Vehicles From…

In addition to and in accordance with the determination made and the authority granted by the State pursuant to the provisions of Section 22660 of the Vehicle Code of the State to remove abandoned, wrecked, dismantled, or inoperative vehicles, or parts thereof, as public nuisances, the Council hereby 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 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 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 permitted by the provisions of this chapter, is hereby declared to constitute a public nuisance which may be abated as such in accordance with the provisions of this chapter.

(§ 1, Ord. 1960 c.s., eff. March 14, 1968)

For the purposes of this chapter, unless otherwise apparent from the context, certain words and phrases used in this chapter are defined as follows:

"Highway"

shall mean a way or place of whatever nature, publicly maintained and open to the use of the public for the purposes of vehicular travel. "Highway" shall include "street".

"Owner of the land"

shall mean 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"

shall mean the last registered owner and legal owner of record.

"Public property"

shall not include "highway".

"Vehicle"

shall mean 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.

(§ 1, Ord. 1960 c.s., eff. March 14, 1968, as amended by § 1, Ord. 2049 c.s., eff. July 21, 1971)

The provisions of this chapter shall not apply to:

(a) 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

(b) 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.

The provisions of this section shall not authorize the maintenance of a public or private nuisance as defined pursuant to provisions of law other than Chapter 10 (commencing with Section 22650) of Division 11 of the Vehicle Code of the State and this chapter.

(§ 1, Ord. 1960 c.s., eff. March 14, 1968)

The provisions of this chapter are not the exclusive regulation of abandoned, wrecked, dismantled, or inoperative vehicles within the City. The provisions of this chapter shall supplement and be in addition to the other regulatory codes, statutes, and laws heretofore or hereafter enacted by the City, the State, or any other legal entity or agency having jurisdiction. (See Section 2-7.02 of Chapter 7 of Title 2 of this Code.)

(§ 1, Ord. 1960 c.s., eff. March 14, 1968)

Except as otherwise provided in this chapter, the provisions of this chapter shall be administered and enforced by the Building Officer. In the enforcement of the provisions of this chapter, such officer and his deputies may enter upon private or public property to examine a vehicle, or parts thereof, or obtain information as to the identity of a vehicle declared to be a nuisance pursuant to the provisions of this chapter.

(§ 1, Ord. 1960 c.s., eff. March 14, 1968)

When the 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 the provisions of this chapter.

(§ 1, Ord. 1960 c.s., eff. March 14, 1968)

The Council from time to time shall determine and fix an amount to be assessed as administrative costs (excluding the actual cost of the removal of any vehicle, or parts thereof) for the purposes of administering the provisions of this chapter.

(§ 1, Ord. 1960 c.s., eff. March 14, 1968)

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 Building Officer shall have the authority to cause the abatement and removal thereof in accordance with the procedure set forth in this chapter.

A 10 day notice of intention to abate and remove the vehicle, or parts thereof, as a public nuisance shall be mailed by registered mail 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. Such notice shall contain a statement of the hearing rights of the owner of the property on which the vehicle is located and the owner of the vehicle. Such notice shall also include notice to the property owner that he may appear in person at a hearing or may present a sworn written statement denying responsibility for the presence of the vehicle on the land, with his reasons for such denial, in lieu of appearing.

The requirement of a 10 day notice of intention to abate and remove the vehicle, or parts thereof, shall not apply if the property owner and the owner of the vehicle have signed releases authorizing removal and waiving further interest in the vehicle, or parts thereof.

The requirement of a 10 day notice of intention to abate and remove the vehicle, or parts thereof, shall not apply when all of the following conditions apply:

(a) The inoperative vehicle, or parts thereof, is located upon a parcel which is not improved with a residential structure containing one or more dwelling units;

(b) The inoperative vehicle, or parts thereof, is inoperative due to the absence of a motor, transmission, or wheels and is incapable of being towed;

(c) The inoperative vehicle, or pars thereof, is valued at less than Two Hundred and no/100ths ($200.00) Dollars by a person specified in Section 22855 of the Vehicle Code of the State, and any subsequent amendments thereto;

(d) The inoperative vehicle, or parts thereof, is determined to be a public nuisance presenting an immediate threat to the public health or safety; and

(e) The vehicle or vehicle part owner has signed a release authorizing removal and waiving further interest in the vehicle, or part thereof.

(§ 1, Ord. 1960 c.s., eff. March 14, 1968, as amended by § 2, Ord. 2049 c.s., eff. July 21, 1971, § 1, Ord. 2108 c.s., eff. November 8, 1973, and § 1, Ord. 2447 c.s., eff. September 4, 1986)

Upon a request by the owner of the vehicle or the owner of the land received by the Building Officer within 10 days after the mailing of the notices of intention to abate and remove, or within 10 days after the signing of a release pursuant to Section 4-18.08 of this chapter, a public hearing shall be held by the Building Officer on the question of the 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 costs of the removal of the vehicle, or parts thereof, against the property on which such vehicle is located.

If the owner of the land submits a sworn written statement denying responsibility for the presence of the vehicle on his land within such 10 day period, such statement shall be construed as a request for a hearing which does not require his presence. Notice of the hearing shall be mailed, by registered mail, at least 10 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 a hearing is not received within such 10 days after the 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.

(§ 4, Ord. 2049 c.s., eff. July 21, 1971, as amended by § 2, Ord. 2447 c.s. eff. September 4, 1986)

All hearings held pursuant to the provisions of this chapter shall be held before the Building Officer who shall hear all facts and testimony he deems pertinent. Such facts and testimony may include testimony on the condition of the vehicle, or parts thereof, and the circumstances concerning its location on private property or public property. The hearing officer shall not be limited by 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 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.

The hearing officer may impose such conditions and take such other action as he deems appropriate under the circumstances to carry out the purposes of this chapter. He may delay the time for the removal of the vehicle, or parts thereof, if, in his opinion, the circumstances so justify. At the conclusion of the public hearing, the hearing officer may find that a vehicle, or parts thereof, has been abandoned, wrecked, dismantled, or is inoperative on private or public property, order the same removed from the property as a public nuisance and disposed of as provided in this chapter, and determine the administrative costs and the costs of removal to be charged against the owner of the land on which the vehicle, or parts thereof, is located. 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.

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 hearing officer 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 the owner of the land.

If an interested person makes a written presentation to the hearing officer but does not appear, such interested person shall be notified in writing of the decision.

(§ 1, Ord. 1960 c.s, eff. March 14, 1968, as renumbered by § 3, Ord. 2049 c.s., eff. July 21, 1971, as amended by § 3, Ord. 2447 c.s., eff. September 4, 1986)

Any interested person may appeal the decision of the hearing officer by filing a written notice of appeal with the hearing officer within five days after his decision.

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

The City Clerk shall give written notice of the time and place of the hearing to the appellant and those persons set forth in Section 4-18.08 of this chapter.

In conducting the hearing the Council shall not be limited by the technical rules of evidence.

(§ 1, Ord. 1960 c.s., eff. March 14, 1968, as renumbered by § 3, Ord. 2049 c.s., eff. July 21, 1971)

Five days after the adoption of the order declaring the vehicle, or parts thereof, to be a public nuisance, or five days from the date of mailing the notice of the decision, if such notice is required by the provisions of Section 4-18.10 of this chapter, or 15 days after such action of the Council authorizing removal following an 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 vehicle license plates pursuant to Section 5004 of the Vehicle Code of the State, and any subsequent amendments thereto, in which case the vehicle may be reconstructed or made operable.

(§ 1, Ord. 1960 c.s., eff. March 14, 1968, as renumbered by § 3, and amended by § 5, Ord. 2049 c.s., eff. July 21, 1971, and § 4, Ord. 2447 c.s., eff. September 4, 1986)

Within five days after the date of removal of the vehicle, or parts thereof, notice shall be given to the Department of Motor Vehicles of the State identifying the vehicle, or parts thereof, removed. At the same time there shall be transmitted to said Department of Motor Vehicles any evidence of registration available, including registration certificates, certificates of title, and license plates.

(§ 1, Ord. 1960 c.s., eff. March 14, 1968, as renumbered by § 3, Ord. 2049 c.s., eff. July 21, 1971)

If the administrative costs and the costs of removal which are charged against the owner of the land pursuant to Section 4-18.10 of this chapter are not paid within 30 days after 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 Section 38773.5 of the Government Code of the State and shall be transmitted to the Tax Collector for collection. Such assessment shall have the same priority as other City taxes.

(§ 1, Ord. 1960 c.s., eff. March 14, 1968, as renumbered by § 3, and amended by § 6, Ord. 2049 c.s., eff. July 21, 1971)

(a) 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 to 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.

(b) It is unlawful and a misdemeanor for any person to own, lease or maintain any property with an abandoned, wrecked, dismantled, or inoperative vehicle, or parts thereof.

(§ 1, Ord. 1960 c.s., eff. March 14, 1968, as renumbered by § 3, Ord. 2049 c.s., eff. July 21, 1971, as amended by § 1, Ord. 2989 c.s., eff. August 18, 2006)