Ridgecrest Municipal Code § 15-550 Exclusions

Any person violating section 15-534, 15-536, or 156-537 shall be deemed guilty of a misdemeanor.

(Code 1980, § 4-8.118; Ord. No. 89-20, § 8; Ord. No. 90-01, § 8)

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 hereby makes the following findings and declarations:

(1) 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.

(2) The presence of an abandoned, wrecked, dismantled, or inoperative vehicle or part 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 article.

(Code 1980, § 4-8.101; Ord. No. 89-20, § 8; Ord. No. 90-01, § 8)

It shall be unlawful for any person to abandon, park, store, or leave, or permit the abandonment, parking, storing, or leaving of any licensed or unlicensed vehicle or part thereof which is in an abandoned, wrecked, dismantled, or inoperative condition upon any private property or public property, unless such vehicle or part thereof is completely enclosed within a building in a lawful manner or completely enclosed within a non-transparent, solid fence six feet or more in height such that such vehicle or part thereof is not plainly visible from the street or other public or private property.

(Code 1980, § 4-8.102; Ord. No. 89-20, § 8; Ord. No. 90-01, § 8; Ord. No. 92-17, § 4; Ord. No. 05-01, § 3)

No operator or owner shall park any vehicle upon any street or alley for more than 72 consecutive hours, unless a permit has been previously granted by the chief of police. No such permit may be granted unless it is shown the parking of such vehicle shall pose no traffic safety hazard. The fee for such permit may be set by the city council by resolution. Any vehicle left in violation of this section may be towed and stored at the owner's expense, as authorized by law. Any person violating this section shall be guilty of an infraction.

(Code 1980, § 4-8.102.1; Ord. No. 05-01, § 4)

It shall be unlawful for any person or firm to fail or refuse to remove an abandoned, wrecked, dismantled, or inoperative vehicle or part thereof or refuse to abate such nuisance when ordered to do so in accordance with the abatement provisions of this section or state law where such state law is applicable.

(Code 1980, § 4-8.103; Ord. No. 89-20, § 8; Ord. No. 90-01, § 8)

It shall be unlawful for a licensed automotive dismantler, licensed vehicle dealer, or junk dealer to park, store, or leave or permit the parking, storing, or leaving of any licensed or unlicensed vehicle or part thereof which is in a wrecked, dismantled, or inoperative condition upon any private property, including dealer's own property, unless such vehicle or part thereof is completely enclosed within a building in a lawful manner or completely enclosed within a non-transparent, solid fence six feet or more in height such that such vehicle or part thereof is not plainly visible from the street or other public or private property.

(Code 1980, § 4-8.104; Ord. No. 89-20, § 8; Ord. No. 90-01, § 8)

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

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

Public property does not include a highway.

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 1980, § 4-8.105; Ord. No. 89-20, § 8; Ord. No. 90-01, § 8)

Nothing in this article shall authorize the maintenance of a public or private nuisance as defined under the provisions of law other than Vehicle Code div. 11, ch. 10 (Vehicle Code § 22650 et seq.) and this article.

(Code 1980, § 4-8.106; Ord. No. 89-20, § 8; Ord. No. 90-01, § 8)

This article 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 1980, § 4-8.107; Ord. No. 89-20, § 8; Ord. No. 90-01, § 8)

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

(Code 1980, § 4-8.108; Ord. No. 89-20, § 8; Ord. No. 90-01, § 8)

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 article.

(Code 1980, § 4-8.109; Ord. No. 89-20, § 8; Ord. No. 90-01, § 8)

The city council shall determine and fix an amount to be assessed as administrative costs, excluding the actual cost of removal of any vehicle or part thereof, under this article.

(Code 1980, § 4-8.110; Ord. No. 89-20, § 8; Ord. No. 90-01, § 8)

(a) A notice of the city's intention to abate and remove an abandoned, wrecked, dismantled or inoperative vehicle or part thereof as a public nuisance and to assess the costs of removal and the administrative costs against the property on which it is located shall be mailed by the city clerk, by registered mail, at least ten days prior to the date set for removal to the owner of the land as shown on the last equalized assessment roll and to the last registered and legal owner of record unless the vehicle is in such condition that identification numbers are not available to determine ownership.

(b) Such notice shall contain a statement of the hearing rights of the owner of the property on which the vehicle or part thereof is located and of the owner of the vehicle. The statement shall 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.

(Code 1980, § 4-8.111; Ord. No. 89-20, § 8; Ord. No. 90-01, § 8)

If the owner of the vehicle or the owner of the land requests a hearing, or if the owner of the land on which the vehicle is located submits a sworn written statement denying responsibility for the presence of the vehicle or part thereof on his land, within ten days after the mailing of the notice of intention to abate and remove the vehicle or part thereof, the city council shall hold a public hearing on the question of abating and removing the vehicle or part thereof. The presence of the owner of the land shall not be required at the hearing if he has submitted such a sworn written statement within the required time. If such a request or sworn statement is not received within such period, the chief of police shall have the authority to order the removal of the vehicle or part thereof.

(Code 1980, § 4-8.112; Ord. No. 89-20, § 8; Ord. No. 90-01, § 8)

(a) All hearings under this section shall be held before the city council which shall hear all facts and testimony it deems pertinent. The facts and testimony may include testimony on the condition of the vehicle or part thereof and the circumstances concerning its location on said private property or public property. The city council shall not be limited by the technical rules of evidence.

(b) The owner of the land on which the vehicle or part thereof 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 his reasons for such denial. If it is determined at the hearing that the vehicle or part thereof was placed on the land without the consent of the landowner and that he has not subsequently acquiesced to its presence, the city council shall not access costs of administration or removal of the vehicle or part thereof against the property upon which the vehicle or part thereof is located or otherwise attempt to collect such cost from such owner.

(c) The city council may impose such conditions and take such other action as it deems appropriate under the circumstances to carry out the purpose of this section. It may delay the time for removal of the vehicle or part thereof if, in its opinion, the circumstances justify it.

(d) At the conclusion of the public hearing, the city council may find that a vehicle or part 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 that the administrative costs and costs of removal be charged against the owner of the parcel or land on which the vehicle or part thereof is located.

(e) The order requiring removal shall include a description of the vehicle or part thereof and the correct identification number and license number of the vehicle, if available at the site.

(Code 1980, § 4-8.113; Ord. No. 89-20, § 8; Ord. No. 90-01, § 8)

Five days after the city council adopts an order declaring the vehicle or parts thereof to be a public nuisance, the chief of police shall cause the removal of the vehicle or parts thereof to a scrapyard or automobile dismantler's yard. After the vehicle has been removed it shall not thereafter be reconstructed or made operable.

(Code 1980, § 4-8.114; Ord. No. 89-20, § 8; Ord. No. 90-01, § 8)

Within five days after the date of removal of the vehicle or part thereof, the chief of police shall give notice to the state department of motor vehicles of the state identifying the vehicle or part thereof removed. At the same time there shall be transmitted to the state department of motor vehicles any evidence of registration available, including registration certificates, certificates of title and license plates.

(Code 1980, § 4-8.115; Ord. No. 89-20, § 8; Ord. No. 90-01, § 8)

If the administrative costs and costs of removal which are charged against the owner of a parcel of land pursuant to section 15-546 are not paid within 30 days of the date of the order of the city council, such costs shall be transmitted to the county tax collector for collection with real and personal property taxes. Notice, by certified mail, shall be given to the property owner, if the property owner's identity can be determined from the county assessor's or county recorder's records, at the time of imposing the assessment and shall specify that the property may be sold after three years by the tax collector for unpaid delinquent assessments.

(Code 1980, § 4-8.116; Ord. No. 89-20, § 8; Ord. No. 90-01, § 8)

The abatement provisions of sections 15-541 through 15-549 shall not apply to:

(1) A vehicle or part thereof which is completely enclosed within a building in a lawful manner or fenced in accordance with section 15-534.

(2) 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, or a junkyard.

(Code 1980, § 4-8.117; Ord. No. 89-20, § 8; Ord. No. 90-01, § 8)