San Bernardino Municipal Code Ch. 8.36 Abandoned Vehicles

Section

Statutory reference:

For provisions on the removal of parked and abandoned vehicles, see Cal. Vehicle Code, §§ 22650 et seq.

In addition to and in accordance with the determination made and the authority granted by the state under the Cal. Vehicle Code, §§ 22660 through 22664 to remove abandoned, wrecked, dismantled or inoperative vehicles or parts thereof as public nuisances, the Mayor and City Council make 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 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 hereinafter permitted, is a public nuisance which may be abated as such in accordance with the provisions of this chapter.

(Ord. 2969, passed 1-21-1969; Ord. 3685, passed 11-9-1977)

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

HIGHWAY. 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.

OWNER OF THE LAND. 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. The last registered owner and legal owner of record.

PUBLIC PROPERTY. Does not include HIGHWAY.

VEHICLE. 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.

(Ord. 2969, passed 1-21-1969; Ord. 3685, passed 11-9-1977)

This chapter shall not apply to:

(A) A vehicle or a 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 or a junkyard. This exception shall not, however, authorize the maintenance of a public or private nuisance, as defined under provisions of law.

(Ord. 2969, passed 1-21-1969; Ord. 3685, passed 11-9-1977; Ord. MC-153, passed 4-20-1982; Ord. MC-636, passed 9-7-1988)

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. 2969, passed 1-21-1969)

Except as otherwise provided in this chapter, the provisions of this chapter shall be administered and enforced by the Code Compliance Director, or his or her representatives, except that the removal of vehicle(s) or parts(s) thereof from property may be by any other duly authorized person. Any such authorized person may enter upon private property for the purposes specified in this chapter to examine a vehicle or parts thereof, obtain information as to the identity of a vehicle and remove, or cause the removal of, a vehicle part thereof declared to be a nuisance pursuant to this chapter.

(Ord. 2969, passed 1-21-1969; Ord. 3685, passed 11-9-1977; Ord. MC-498, passed 2-18-1986; Ord. MC-645, passed 12-7-1988; Ord. MC-1069, passed 4-18-2000)

When the Mayor and City Council have contracted with or granted a franchise to any person or persons, such person or persons 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 chapter.

(Ord. 2969, passed 1-21-1969)

The Mayor and City Council shall, from time to time, determine and fix an amount to be assessed as administrative fees under this chapter including fees for response to demands for information regarding liens imposed hereunder.

(Ord. 2969, passed 1-21-1969; Ord. MC-1307, passed 6-2-2009)

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 Superintendent of Public Buildings, or his or her representatives, under the supervision of the department head, shall have the authority to cause the abatement and removal thereof in accordance with the procedure prescribed in this chapter.

(Ord. 2969, passed 1-21-1969; Ord. 3419, passed 4-19-1974; Ord. MC-498, passed 2-18-1986; Ord. MC-645, passed 12-7-1988)

A ten-day notice of intention to abate and remove the vehicle, or part thereof, as a public nuisance shall be issued. Such ten-day notice of intention to abate shall be mailed by certified mail or registered mail, return receipt requested, to the owner of the land, as shown on the last equalized assessment roll, and to the last registered owner and/or legal owner of record of the vehicle, unless the vehicle is in such condition that identification numbers are not available to determine ownership. All notices must identify the vehicle. Notices mailed to the owner of land must advise that failure to comply with the notice may result in abatement by the city, and costs being assessed against the property. All notices must advise that an aggrieved party may appeal and describe the procedures for filing an appeal.

(Ord. 2969, passed 1-21-1969; Ord. 3419, passed 4-19-1974; Ord. 3685, passed 11-9-1977; Ord. MC-498, passed 2-18-1986; Ord. MC-645, passed 12-7-1988; Ord. MC-1521, passed 9-18-2019)

(A) The owner of the vehicle or owner of the land that is the subject of a ten-day notice issued under this chapter may appeal the notice to a hearing officer in the manner provided in Chapter 9.94.

(B) The appeal must be filed within ten days following issuance of the ten-day notice. If such a request for hearing is not received by the city within said ten days after 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.

(Ord. 2969, passed 1-21-1969; Ord. 3267, passed 5-17-1972; Ord. 3419, passed 4-19-1974; Ord. MC-498, passed 2-18-1986; Ord. MC-645, passed 12-7-1988; Ord. MC-1070, passed 4-18-2000; Ord. MC-1521, passed 9-18-2019)

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

(B) If it is determined at the hearing that the vehicle was placed on the land without the consent of the land owner and that he or she 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 such landowner.

(C) The decision of the hearing officer in an appeal under Chapter 9.94 is final.

(Ord. 2969, passed 1-21-1969; Ord. 3419, passed 4-19-1974; Ord. MC-645, passed 12-7-1988; Ord. MC-1521, passed 9-18-2019)

[Reserved]

(Ord. 2969, passed 1-21-1969; Ord. 3419, passed 4-19-1974; Ord. MC-410, passed 9-18-1984; Ord. MC-645, passed 12-7-1988; Ord. MC-742, passed 9-17-1990; Ord. MC-1071, passed 4-18-2000; Ord. MC-1521, passed 9-18-2019)

Five days after adoption of the order declaring the vehicle or part thereof to be a public nuisance, five days from the date of mailing of notice of the decision if such notice is required by § 8.36.110 or 15 days after such action of the governing body authorizing removal following appeal, the vehicle or part 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 Cal. Vehicle Code, § 5004, in which case, the vehicle may be reconstructed or made operable.

(Ord. 2969, passed 1-21-1969; Ord. 3685, passed 11-9-1977)

Within five days after the date of removal of the vehicle or part thereof, notice shall be given to the Department of Motor Vehicles identifying the vehicle or part thereof removed. At the same time there shall be transmitted to the Department of Motor Vehicles any evidence of registration available, including, but not limited to, the registration card, certificates of ownership or license plates.

(Ord. 2969, passed 1-21-1969; Ord. 3685, passed 11-9-1977)

If the administrative costs and the cost of removal which are charged against the owner of a parcel of land pursuant to § 8.36.110 are not paid within 30 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 the Cal. Gov’t Code, § 38773.5 and shall be transmitted to the County Auditor for collection. The assessment shall have the same priority as other city taxes.

(Ord. 2969, passed 1-21-1969)

Any person, partnership, firm or corporation whether as principal, agent, employee or otherwise violating any provision of this chapter is guilty of an infraction which, upon conviction thereof, is punishable in accordance with the provisions of § 1.12.010.

(Ord. MC-584, passed 2-17-1987)