Rialto Municipal Code Ch. 9.26 Abandoned, Wrecked, Dismantled or Inoperative Vehicles

For purposes of this chapter, the following terms shall have the following meanings unless it is clear from the context that a different meaning is intended:

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

"Inoperative vehicle" means:

1. Mechanically incapable of being operated or driven; or

2. Prohibited from being operated on a public street or highway pursuant to the provisions of Vehicle Code Sections 4000, 5252, 24002 or 40001, concerning license plates, registration, equipment, safety and related matters.

"Owner of land" means the owner of the land on which the vehicle or parts thereof are located, as shown on the last equalized assessment roll or a more current listing.

"Owner of the vehicle" means the last registered owner and/or the legal owner of record.

"Parts" means any vehicle part which is not affixed, in the manner intended by its manufacturer, to the main frame of a vehicle.

"Public property" does not include "highway."

"Vehicle" means an automobile, truck, motorcycle, trailer, and any other 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.

(Ord. 1210 (part), 1994)

In addition to and in accordance with the determinations made and the authority granted by the state of California under Section 22660 of the Vehicle Code 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 creates a condition tending to reduce the value of private property, promote blight and deterioration, invite plundering, create fire hazards, constitute an attractive nuisance creating a hazard to the health and safety of minors, create a harborage of rodents and insects and to be injurious to the health, safety and general welfare. Therefore the presence of abandoned, wrecked, dismantled or inoperative vehicles or parts thereof, on private or public property not including highways, except as expressly hereinafter permitted, is declared to constitute a public nuisance which may be abated as such in accordance with the provisions of this chapter.

(Ord. 1210 (part), 1994)

It is unlawful, and a misdemeanor, for any person to keep, store or maintain upon any premises under her/his control any abandoned, wrecked, dismantled or inoperative vehicles or parts thereof, except as expressly hereinafter permitted. Criminal prosecution pursuant to this section shall not preclude, nor be precluded by, abatement of such vehicles or parts thereof pursuant to the provisions of this chapter.

(Ord. 1210 (part), 1994)

A. This chapter shall not apply to:

1. A vehicle, or parts thereof, 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, stored or parked in a lawful manner on private property in connection with the business of a licensed dismantler, licensed vehicle dealer or a junkyard, provided that such storage or parking pad is surfaced with asphaltic concrete, concrete (of which cement is an agent) or other impervious surfacing material which is acceptable to, and approved in writing in advance by, the planning department and such storage or parking is authorized by, and in accordance with, all conditions of a conditional development permit, if any is required for such use;

3. A vehicle, or parts thereof, stored or parked on private or public property pursuant to a conditional development permit granted by the city for that purpose;

4. A vehicle which is stored within the rear or side yard of any property zoned for residential use, or any other property which is adjacent to property zoned for residential use; provided that (a) no more than three such vehicles are so stored or parked at any one time, (b) that they are screened from view from any street, alley or adjacent properties by a six-foot high solid wood fence or masonry block wall, (c) that the parking or storage pad is surfaced with asphaltic concrete, cement or other impervious surfacing material which is approved in advance of such storage or parking, in writing, by the planning department, and (d) no parts are stored outside of any lawful enclosed structure pursuant to this subsection;

5. A vehicle, or parts thereof, stored or parked in a lawful manner on private property when such storage or parking is necessary to the operation of a lawfully conducted business or commercial enterprise, other than a licensed dismantler or licensed vehicle dealer, or junkyard, when such storage or parking is located on property which is not zoned for residential use or adjacent to property zoned for residential use; provided, that no such vehicle shall be so stored for more than ninety days in any calendar year.

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.

(Ord. 1210 (part), 1994)

This chapter is not the exclusive regulation of abandoned, wrecked, dismantled or inoperative vehicles within the city. It supplements and is 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.

(Ord. 1210 (part), 1994)

Except as otherwise provided for herein, the provisions of this chapter shall be administered and enforced by the city administrator who may from time to time delegate all or any portion of the duties hereunder to her/his duly authorized agents. In the enforcement of this chapter such agents may enter upon private or public property to examine a vehicle, or parts thereof, or to obtain information as 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.

(Ord. 1210 (part), 1994)

When the city council has contracted with or granted a franchise to any person or persons, such person or persons shall be authorized to enter upon the private or public property to remove or cause the removal of a vehicle, or parts thereof, declared to be a nuisance pursuant to this chapter.

(Ord. 1210 (part), 1994)

The city council may from time to time, by resolution or otherwise, 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.

(Ord. 1210 (part), 1994)

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 council shall have the authority to cause the abatement in accordance with the procedure prescribed herein.

(Ord. 1210 (part), 1994)

A. A ten-day notice of intention to abate and remove the vehicle(s), or part(s) thereof, as a public nuisance shall be mailed by the city. Said notice shall be mailed by certified or registered mail to the owner of the land and the owner of the vehicle, unless the vehicle is in such condition that identification numbers are not available to determine ownership. The notices of intention shall be in substantially the following form:

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 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 Title 9, Chapter 9.26, (Rialto 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.

You are hereby notified to abate said nuisance by the removal of said vehicle (or parts of a vehicle) within ten (10) 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 of Rialto, 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 notified that you may, within ten (10) days after mailing of this notice of intention, request in writing a public hearing and if such a written request is not received by the city within such ten (10) day period, the City of Rialto shall have the authority to abate and remove said vehicle(s) (or said part(s) 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 (10) day period denying responsibility for the presence of said vehicle(s) (or part(s) of a vehicle(s)) 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(s), or part(s) thereof, or in lieu thereof, may present a sworn statement as aforesaid in time for consideration at such hearing.

If after hearing, a nuisance is determined to exist on the subject property, you will be ordered to abate same within ten (10) days, upon your failure to do so the vehicle(s) or part(s) thereof will be abated and removed by the City of Rialto, and the costs thereof, together with administrative costs, assessed to you as owner of the land on which said vehicle(s) (or said part(s) of a vehicle) is located. Further, failure to abate, may subject you to criminal or civil prosecution, or both.

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 Title 9, Chapter 9.26, (Rialto Municipal Code) has determined that there exists upon said land an (or parts of an) abandoned, wrecked, dismantled or inoperative vehicle at ___________(describe location on public or private property) which constitutes a public nuisance.

You are hereby notified to abate said nuisance by the removal of said vehicle (or parts of a vehicle) within ten (10) 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 of Rialto, and the costs thereof, together with administrative costs, assessed to you as owner of the vehicle(s) or part(s) thereof.

As owner of the vehicle(s) or part(s) thereof on which said land (or said part(s) of a vehicle) is located, you are notified that you may, within ten (10) days after mailing of this notice of intention, request in writing a public hearing and if such a written request is not received by the city within such ten (10) day period, the City of Rialto shall have the authority to abate and remove said vehicle(s) (or said part(s) 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 (10) day period denying responsibility for the presence of said vehicle(s) (or part(s) of a vehicle(s)) 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(s), or part(s) thereof, or in lieu thereof, may present a sworn statement as aforesaid in time for consideration at such hearing.

If after hearing, a nuisance is determined to exist on the subject property, you will be ordered to abate same within ten (10) days, upon your failure to do so the vehicle(s) or part(s) thereof will be abated and removed by the City of Rialto, and the costs thereof, together with administrative costs, assessed to you as owner of the land on which said vehicle(s) (or said part(s) of a vehicle) is located. Further, failure to abate, may subject you to criminal or civil prosecution, or both.

B. Exception to Ten-Day Notice. The requirement that no less than a ten-day notice of intention to abate and remove the vehicle or part thereof as a public nuisance be issued shall be complied with 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 which is inoperable due to the absence of a motor, transmission or wheels, or incapable of being towed, is valued at less than two hundred dollars by a person specified in Section 22855 of the Vehicle Code, and is determined by the local agency 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 any further interest in the vehicle or part thereof. Prior to disposition under Section 22662 of such low-valued vehicle or part for which evidence of registration was recovered pursuant to subdivision (a) of Section 22661 of the Vehicle Code, the local agency shall provide notice to the registered and legal owners of intent to dispose of the vehicle or part, and if the vehicle or part is not claimed and removed within twelve days after notice is mailed, from the location specified in Section 22662 of the Vehicle Code, final disposition may proceed. No local agency or contractor thereof shall be liable for damage caused to a vehicle or part thereof by removal pursuant to this section (Vehicle Code Section 22661).

(Ord. 1210 (part), 1994)

Upon written request by the owner of the vehicle or owner of the land received by the city within ten days after the mailing of the notices of intention to abate and remove, a public hearing shall be held by the city administrator or his/her designee on the question of abatement and removal of the vehicle(s), or part(s) thereof, as an abandoned, wrecked, dismantled or inoperative vehicle, and the assessment of the administrative costs and costs of removal of the vehicle(s), or part(s) thereof, against the property on which it is located, or against the registered and/or legal owner of the vehicle(s), or part(s) thereof.

(Ord. 1210 (part), 1994)

If the owner of the land or the owner of the vehicle(s), or part(s) thereof, submits a sworn written statement denying responsibility for the presence of the vehicle on the subject property within ten days of the mailing of the notice of intention to abate and remove, said statement(s) shall be construed as a request for a hearing which does not require his/her 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 the owner of the vehicle, unless the vehicle is in such condition that identification numbers are not available. If such a request for hearing is not received within said ten days after mailing of the notice(s), the city shall have the right and authority to abate and remove the vehicle(s), or part(s) thereof, as a public nuisance without holding a public hearing.

(Ord. 1210 (part), 1994)

All hearings under this chapter shall be held before the city administrator, or administrator's designee, who shall hear all facts and testimony he/she deems pertinent. These facts and testimony may include testimony on the condition of the vehicle(s), or part(s) thereof, and the circumstances concerning its location on the private property or public property. The city administrator shall not be limited by the technical rules of evidence. The owner of the land and the registered and/or legal owner of the vehicle(s), or part(s) thereof, may appear in person at the hearing or submit a sworn written statement(s) in time for consideration at the hearing and deny responsibility for the presence of the vehicle on the land with his/her reasons for such denial. Further, at such hearing, evidence may be presented indicating that a qualified exclusion exists for the abandoned, wrecked, dismantled or inoperable vehicle(s), or part(s) thereof, under Section 9.26.040 of this chapter.

(Ord. 1210 (part), 1994)

A. The hearing officer may impose such conditions and take such other actions as he/she deems appropriate under the circumstances to carry out the purpose of this chapter. He/she may delay the time for removal of the vehicle(s), or part(s) thereof, if in her/his opinion the circumstances justify it. At the conclusion of the public hearing, the hearing officer may find that a vehicle(s), or part(s) thereof, has been abandoned, wrecked, dismantled or inoperable on private property 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(s). The order requiring removal shall include a description of the vehicle(s) or part(s) thereof and the location of said vehicle(s) or part(s). Said identification, if possible, should include the correct identification number and license number of the vehicle(s)

B. If it is determined that the vehicle was placed on the land without the consent of the owner of the land and that he/she has not subsequently acquiesced in its presence, the hearing officer shall not assess the costs of administration or removal of the vehicle against the owner of the property upon which the vehicle(s) is located or otherwise attempt to collect such costs from such owner.

C. If an interested party makes a written presentation to the hearing officer but does not appear, she/he shall be notified of the decision within five days. The owners shall also be notified in writing of the decision within five days.

(Ord. 1210 (part), 1994)

A. Any interest party may appeal the decision of the hearing officer by filing a written notice of appeal with the hearing officer within five days after the mailing of the decision.

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

C. The city clerk shall give written notice of the time and place of the appeal hearing to the appellant(s) and those persons specified in Section 9.26.140 no later than five days prior to the date set therefor.

D. In conducting the appeal hearing the city council is not limited to the technical rules of evidence.

(Ord. 1210 (part), 1994)

Five days from the date of the mailing of the notice of the decision required by Section 9.26.140, or fifteen days after such action of the governing body authorizing removal following appeal, the vehicle(s) or part(s) thereof may be disposed of by removal to a scrap yard 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 California Vehicle Code, in which case the vehicle may be reconstructed or made operable.

(Ord. 1210 (part), 1994)

Within five days after removal of the vehicle(s), or part(s) thereof, notice shall be given to the department of motor vehicles identifying the vehicle(s) or part(s) 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.

(Ord. 1210 (part), 1994)

The administration of the provisions of this chapter shall be by regularly salaried full-time employees of the city, except that the removal of vehicle(s) or part(s) thereof from public or private property may be made by any other person duly authorized by the city to remove such vehicle(s) or part(s) thereof.

(Ord. 1210 (part), 1994)

If the administrative costs of removal are charged against the owner of the land pursuant to Sections 9.26.080 and 9.26.140 and are not paid within thirty 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 Section 38773.5 of the Government Code and transmitted to the tax collector for collection. This assessment has the same priority as city taxes.

(Ord. 1210 (part), 1994)

It is unlawful and a misdemeanor for any person to fail or refuse to remove an abandoned, wrecked, dismantled or inoperative vehicle(s), or part(s) thereof, or 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.

(Ord. 1210 (part), 1994)

Notwithstanding the powers and duties granted to the city by this chapter or other chapters of this code, the city may bring a civil abatement proceeding with any court of competent jurisdiction against the owner of land or the registered and/or legal owner of an abandoned, wrecked, dismantled or inoperative vehicle(s), or part(s) thereof, on private property, or public property. Further, private action by a real property owner and/or possessor may be brought under the provisions of this chapter to enjoin a public nuisance caused by abandoned, wrecked, dismantled or inoperative vehicle(s), or part(s) thereof.

(Ord. 1210 (part), 1994)