Rolling Hills Municipal Code Ch. 10.56 Abandoned Vehicles

Footnotes:

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Prior history: Ord. 99.

In addition to and in accordance with the determination made and the authority granted by the State under Section 22660 of the California 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 roads is 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 parts thereof, on private or public property not including roads, 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. 261 § 1(part), 1996).

As used in this chapter:

"Owner of the land" means the owner or occupant of the land on which the vehicle, or parts thereof, is located, as shown on the last equalized assessment roll.

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

(Ord. 261 § 1(part), 1996).

A. This chapter shall not apply to a vehicle, or parts 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.

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 California Vehicle Code and this chapter.

(Ord. 261 § 1(part), 1996).

This chapter 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.

(Ord. 261 § 1(part), 1996).

It is unlawful and a misdemeanor for any person to abandon, park, store or leave or permit the abandonment, parking, storing or leaving of any licensed or unlicensed vehicle or parts thereof which is in an abandoned, wrecked, dismantled or inoperative condition upon any private property or public property, not including roads, within the City for a period in excess of thirty days unless such vehicle, or parts thereof, are completely enclosed within a building in a lawful manner on private property.

(Ord. 261 § 1(part), 1996).

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 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. 261 § 1(part), 1996).

The Planning Commission shall from time to time 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. 261 § 1(part), 1996).

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 Sheriff shall have the authority to cause the abatement and removal thereof in accordance with the procedure prescribed in this chapter.

(Ord. 261 § 1(part), 1996).

A. Notice shall be given to the Department of Motor Vehicles within five days after the date of removal, identifying the vehicle or part thereof and any evidence of registration available, including, but not limited to, the registration card, certificates of ownership, or license plates.

B. Section 10.56.080 shall not apply to a vehicle or part thereof that is completely enclosed within a building in a lawful manner where it is not visible from the road or other public or private property. This exception shall not, however, authorize the maintenance of a public or private nuisance as defined under provisions of law other than this title.

C. A ten-day notice of intention to abate and remove the vehicle or part thereof as a public nuisance shall be issued, 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 that is inoperable due to the absence of a motor, transmission or wheels and incapable of being towed, is valued at less than two hundred dollars and is determined by the City Council 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 part thereof. Prior to final disposition of such a low-valued vehicle or part for which evidence of registration was recovered pursuant to subsection A of this section, the City 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 the notice is mailed, final disposition may proceed. Neither the City nor any City employee or contractor shall be liable for damage caused to a vehicle or part thereof by removal pursuant to this section.

This subsection applies only to inoperable vehicles located upon a parcel that is: (1) zoned for agricultural use, or (2) not improved with a residential structure.

D. The ten-day notice of intention to abate and remove a vehicle or part thereof, when required by this section, 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 he or she may appear in person at a hearing or may submit a sworn written statement denying responsibility for the presence of the vehicle on the land, with his or her reasons for such denial, in lieu of appearing. The notice of intention to abate shall be mailed, by registered or certified mail, to the owner of the land as shown on the last equalized assessment roll and to the last registered and legal owners of record unless the vehicle is in such condition that identification numbers are not available to determine ownership.

E. A public hearing shall be held before the Planning Commission upon request for such a hearing by the owner of the vehicle or the owner of the land on which the vehicle is located. This request shall be made to the City Manager within ten days after the mailing of notice of intention to abate and remove the vehicle or at the time of signing a release pursuant to subsection C of this section. 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 on his or her land within that time period, this statement shall be construed as a request for hearing that does not require the presence of the owner submitting the request. If the request is not received within that period, the City shall have the authority to remove the vehicle.

F. The requirement that after a vehicle has been removed, it shall not be reconstructed or made operable, unless it is a vehicle that qualifies for either horseless carriage license plates or historical vehicle license plates, in which case the vehicle may be reconstructed or made operable.

G. A provision authorizing the owner of the land on which the vehicle is located to 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 or her reasons for the denial. If it is determined at the hearing that the vehicle was placed on the land without the consent of the landowner and that he or she has not subsequently acquiesced to its presence, then the City 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 those costs from the owner.

(Ord. 261 § 1(part), 1996).

A. Any interested party may appeal the decision of the Planning Commission by filing a written notice of appeal with the said Planning Commission within five days after its decision.

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

C. The Clerk shall give written notice of the time and place of the hearing to the appellant and those persons specified in Section 10.56.090.

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

(Ord. 261 § 1(part), 1996).

Five days after adoption of the order declaring the vehicle or parts thereof to be a public nuisance, five days from the date of mailing of notice of the decision if such notice is required by Section 10.56.090, or fifteen days after such action of the governing body authorizing removal following appeal, and in any event after obtaining a warrant to enter into private property; the vehicle or parts 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.

(Ord. 261 § 1(part), 1996).

Within five days after the date of removal of the vehicle or parts thereof, notice shall be given to the Department of Motor Vehicles identifying the vehicle or parts 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. 261 § 1(part), 1996).

If the administrative costs and the cost of removal which are charged against the owner of a parcel of land pursuant to Section 10.56.120 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 shall be transmitted to the tax collector for collection. Said assessment shall have the same priority as other City or County taxes.

(Ord. 261 § 1(part), 1996).

Except as otherwise provided in this chapter, the provisions of this chapter shall be administered and enforced by the Sheriff of Los Angeles County. In the enforcement 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 (and to remove or cause the removal of a vehicle or parts thereof) declared to be a nuisance pursuant to this chapter.

(Ord. 261 § 1(part), 1996).