San Clemente Municipal Code Ch. 10.52 Abandoned, Wrecked, Dismantled and Inoperative Vehicles

The existence of abandoned, wrecked, dismantled or inoperative vehicles, or parts thereof, on private or public property (not including public highways) is found to create a condition tending to constitute an attractive nuisance creating a hazard to the health and safety of minors, a harborage for rodents and insects, and visual blight on the surrounding properties, all of which is injurious to the health, safety and general welfare of the people of the City unless such vehicles are stored in the manner described in Section 10.52.030 of this chapter. Therefore, pursuant to Government Code Section 38771, the City declares that the presence of abandoned, wrecked, dismantled or inoperative vehicles, or parts thereof, on private or public property (except public highways) shall be declared to constitute a public nuisance and may be abated as provided for in this chapter unless such vehicles are stored in the manner described in Section 10.52.030 of this chapter.

(Prior code § 15B-1)

For the purpose of this chapter, the following words and phrases shall have the meanings hereafter set forth unless a different meaning is clearly intended from the context in which such word or phrase is used. Any word or phrase not herein defined shall have the meaning attributed to it in ordinary usage.

A. "Highway" shall mean 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.

B. "Inoperable vehicle" shall mean any vehicle which does not qualify to be operated upon a highway under the vehicle code of the State of California.

C. "Public property" does not include highway.

D. "Vehicle" shall mean 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.

(Prior code § 15B-2)

This chapter shall not apply to:

A. A vehicle or 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, a junk dealer or when such storage or parking is necessary to the operation of a lawfully conducted business or commercial enterprise.

(Prior code § 15B-3)

Nothing in this section shall authorize the maintenance of a public or private nuisance as defined under provisions of law other than Chapters 8.52 and 9.04 of this code.

(Prior code § 15B-4)

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.

(Prior code § 15B-5)

Except as otherwise provided herein, the provisions of this chapter shall be administered and enforced by the Chief of Police or the Director of Building and Planning. In the enforcement of this chapter, such officers and their deputies may enter upon private or public property to examine a vehicle or part thereof, or obtain information as to the identity of the vehicle and to remove or cause removal of a vehicle or part thereof declared to be a nuisance pursuant to this chapter.

(Prior code § 15B-6)

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 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.

(Prior code § 15B-7)

The City Council shall from time to time determine and fix an amount to be assessed as administrative costs (excluding the actual costs of removal of any vehicle or part thereof) under this chapter.

(Prior code § 15B-8)

In the event that the Director of Community Development or his or her designee determines that a vehicle is a public nuisance as described in Section 10.52.010 of this code, a letter will be sent by registered or certified mail to both the property owner as shown on the last equalized assessment roll (if the vehicle is located on private property) and the vehicle owner listed on the vehicle registration (if registration tags or a vehicle identification number is plainly visible) stating that the vehicle is a public nuisance and will be abated and removed at the owner's expense if it is not removed within ten (10) days of the posted date of the letter. Within ten (10) days of the posted date of the letter, the property owner and/or the vehicle owner may request a public hearing on whether the vehicle constitutes a public nuisance as described in Section 10.52.010. If such a hearing is timely requested, a public hearing shall be held on the question of abatement and removal of a vehicle or part thereof as an abandoned, wrecked, dismantled or inoperative vehicle and the administrative costs and the cost of removal of the vehicle or part thereof against the property on which it is located. Notice of the date and time of the hearing shall be mailed at least ten (10) days before the hearing to the owner of the land on which the vehicle is located as shown on the last equalized assessment roll and to the last registered and legal owner of record of the vehicle unless the vehicle is in such a condition that the identification numbers are not available to determine ownership. If any of the foregoing notices are returned undeliverable by the United States Post Office, the hearing shall be continued to a date not less than ten (10) days from the date of such return from the post office. The notice shall state the City's intention to abate and remove the vehicle or part thereof as a public nuisance, and that the owner of land on which the vehicle is located and the owner of the vehicle may appear in person at the hearing to contest the determination that the vehicle constitutes an inoperable or abandoned vehicle and is therefore a public nuisance. The owner of land on which the vehicle is located may also appear in person at the hearing or present a sworn written statement denying responsibility for the presence of the vehicle on the land and his or her reasons for the denial. The notice shall also state that all costs for abatement, including administrative costs associated with the hearing, are chargeable against the owner of the land on which the vehicle is located. The notice shall further inform the owner of the vehicle and the owner of the land on which the vehicle is located that it is a criminal infraction for any person to fail or refuse to remove an abandoned, wrecked, dismantled or inoperative vehicle or part thereof or refuse to abate a public nuisance when ordered to do so in accordance with the abatement provisions of this chapter.

(Ord. 1191 § 2, 1997: prior code § 15B-9)

Notice of hearing shall also be given to the California Highway Patrol identifying the vehicle or part thereof proposed for removal, such notice to be mailed at least ten (10) days prior to the public hearing.

(Prior code § 15B-10)

All hearings under this chapter shall be held before the City Council which shall hear all facts and testimony it deems pertinent. Said facts and testimony may include testimony on the condition of the vehicle or part thereof and the circumstances concerning its location on the private property or public property. The City Council shall not be limited by the technical rules of evidence. The owner of the land on which the vehicle is located may appear in person, or through an agent, at the hearing or present a written statement in time for consideration at the hearing, and deny responsibility for the presence of the vehicle on the land, with his reasons for such denial.

(Prior code § 15B-11)

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 chapter. It may delay the time for removal of the vehicle or part thereof if, in its opinion, the circumstances justify it. 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 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.

(Prior code § 15B-12)

If it is determined at the hearing that the vehicle was placed on the land without the consent of the landowner and that he has not subsequently acquiesced in its presence, the City Council 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.

(Prior code § 15B-13)

If an interested party makes a written presentation to the City Council but does not appear, he or she shall be notified in writing of the decision.

(Prior code § 15B-14)

Five (5) days after issuance of the order declaring the vehicle or parts thereof to be a public nuisance and five (5) days from the date of mailing of notice of the decision as required by this chapter, the vehicles or parts 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.

(Prior code § 15B-15)

Within five (5) 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 registration certificates, certificates of title and license plates.

(Prior code § 15B-16)

If the administrative costs and the cost of removal which are charged against the owner of a parcel of land pursuant to this chapter are not paid within thirty (30) days of the date of the order to remove issued pursuant to Section 10.52.150 of this chapter, such costs shall become a special assessment against the property from which the vehicle was removed and, upon recordation of the notice of lien with the office of the County Recorder, such unpaid costs shall constitute a lien against the property as provided below:

A. After recordation of the notice of lien, a copy of the notice may be turned over to the Tax Collector for the City, who shall add the amounts of the assessments to the next regular tax bill levied against the property, and thereafter, the amount assessed against the property shall be collected at the same time and in the same manner as ordinary municipal taxes are collected, and shall be subject to the same penalties and the same procedure for foreclosure and sale in case of delinquency as provided for ordinary municipal taxes; or

B. After recordation of the notice of lien, the lien may be foreclosed by judicial or other sale in the manner and means provided by law. The notice of lien shall be in the form provided pursuant to Section 8.52.140(C) of this code.

(Prior code § 15B-17)

Any person parking, abandoning, storing, leaving or permitting the abandonment, parking, storing or leaving of any licensed or unlicensed vehicle or any part thereof which is an abandoned, wrecked, dismantled or inoperative condition upon any private property or public property within the City for a period in excess of 72 hours shall be unlawful unless the vehicle or any part thereof is stored in the manner described in Section 10.52.030 of this chapter.

(Prior code § 15B-18; Ord. No. 1664, § 31, 9-18-2018)

It is unlawful for any person to maintain, 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 Code or state law where such law is applicable.

(Ord. 1300, § 8, 2005: prior code § 15B-19)

(Ord. No. 1501, § 7, 3-16-2010; Ord. No. 1664, § 32, 9-18-2018)