Rolling Hills Estates Municipal Code Ch. 10.40 Abandoned Vehicles

A. The provisions of this chapter shall govern the abatement and removal of motor vehicles, or parts thereof, which are abandoned, wrecked, dismantled or inoperative.

B. "Motor vehicle" as used in this chapter shall be defined as set forth in Section 670 of the vehicle code of the state of California.

(Prior code § 1250)

Any motor vehicle which is abandoned, wrecked, dismantled or inoperative, or any part thereof, located on any private property, or public property, excluding highways, in the city is hereby declared to be a public nuisance.

A. Abatement.Where such motor vehicle is found to constitute a public nuisance, by reason of its condition and location, as hereinafter provided, the nuisance shall be abated and the motor vehicle, and all parts thereof, shall be removed and disposed of as provided in this chapter.

B. Declaration.Whenever the city manager finds that any motor vehicle is being maintained contrary to the provisions of this chapter, the city council shall, by resolution, declare its intent to conduct a public hearing to ascertain whether the same constitutes a public nuisance, the abatement of which is appropriate under the provisions of this chapter. The resolution shall describe the vehicle involved, and the property wherein the same is located including, but not limited to, the correct identification number and license number thereof.

(Prior code § 1251)

This chapter shall not apply to:

A. A vehicle or part thereof which is completely enclosed within a building in a lawful manner, where the same is not visible from the street or other public or private property; and/or

B. A vehicle or part thereof which is stored or parked in a lawful manner on private property in conjunction with the business of a licensed dismantler, licensed vehicle dealer or a junkyard; provided, however, that this latter exception shall not authorize the maintenance of any premises contrary to the provisions of Chapter 8.12.

(Prior code § 1257)

A. Notice of the hearing, to determine whether a vehicle, or part thereof, constitutes a public nuisance, shall be given as follows:

1. By posting a copy of the council's resolution which shall specify the time and place of such hearing, conspicuously on the property whereon the motor vehicle is located; and

2. Copies of the resolution shall be served on the owner of the land whereon the vehicle is located, whose name appears, as such, on the last equalized assessment roll; and the vehicle owner as shown on the last registration of the vehicle, unless the vehicle is in such condition that identification numbers are not available to determine ownership. Such notice shall be given by United States mail, certified or registered, with a five-day return requested and postage thereon prepaid. If such mailed notice is returned undelivered, the hearing shall be continued to a date not less than ten days from the date of such return; and

3. Notice shall also be given to the California Highway Patrol of such hearing, which notice shall identify the vehicle and/or part thereof proposed for removal. Such notice shall be given at least ten days prior to the date set for public hearing.

B. The failure of any person to receive the notices required hereunder shall not affect the validity of any proceedings taken pursuant to this chapter.

(Prior code § 1252 (a))

The hearing before the city council, held pursuant to this chapter, shall be conducted in accordance with the provisions of Chapter 8.12 of this code; provided, that the owner of the land on which the vehicle is located may appear in person at the hearing, or present a written statement in time for consideration at the hearing, denying responsibility for the presence of the vehicle on the land, together with his reasons for such denial. If the council determines that the vehicle was placed upon the land without the consent of the landowner, and that the landowner has not subsequently acquiesced in its presence, the cost of abatement thereof shall not be levied against such property owner.

(Prior code § 1252 (b))

At the conclusion of the hearing if the council determines that a public nuisance exists, it shall adopt a resolution declaring such motor vehicle to be a public nuisance, which shall be served in the same manner as described in Section 10.40.040.

(Prior code § 1252 (c))

After a final determination that a motor vehicle or parts thereof, constitutes a public nuisance within the meaning of this chapter, the owner of the motor vehicle, and/or the owner of the property whereon the same is located, shall abate the public nuisance by removing the same in the time set forth in the resolution relating thereto. If such person or persons fail to abate such public nuisance, the city council shall direct the same to be abated by city forces or private contract in the time and manner permitted by Section 22660 of the Vehicle Code of the state.

(Prior code § 1252 (d))

Where the abatement of a public nuisance pursuant to this chapter is accomplished by city forces, the provisions of Chapter 8.12 of this code shall be applicable to such proceedings.

(Prior code § 1253)

The city manager shall cause to be forwarded to the Department of Motor Vehicles of the state, any evidence of registration available, including registration certificates, certificates of title, and license plates, on any vehicle which is declared to be a public nuisance pursuant to this chapter. The city clerk shall also give notice to the Department within five days after the removal of any motor vehicle or part thereof, which notice shall identify the vehicle or part thereof removed from the premises where located.

(Prior code § 1255)

Motor vehicles or parts thereof, declared to be a public nuisance pursuant to this chapter, shall be disposed of in the manner provided by Section 22660 of the Vehicle Code of the state; provided, that after a motor vehicle has been declared to be a public nuisance, and has been removed from the premises where located, the same shall not be reconstructed or otherwise made operable.

(Prior code § 1256)

The provisions of this chapter shall be administered by the city manager of the city.

(Prior code § 1254)