San Fernando Municipal Code Div. 2 Abatement and Removal

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 chief of police shall have the authority to cause the abatement and removal thereof in accordance with the procedure prescribed in this division.

(Code 1957, § 13.138)

A ten-day notice of intention to abate and remove the vehicle or parts thereof as a public nuisance shall be mailed by registered mail to the owner of the land and to the owner of the vehicle, unless the vehicle is in such condition that identification numbers are not available to determine ownership or unless such notice of intention to remove the vehicle is otherwise exempted under the provisions of Vehicle Code § 22661. The notices of intention shall be in substantially the following forms:

NOTICE OF INTENTION TO ABATE AND REMOVE AN ABANDONED, WRECKED, DISMANTLED, OR INOPERATIVE VEHICLE OR PARTS THEREOF AS A PUBLIC NUISANCE

(Name and address of owner of the land)

As owner shown on the last equalized assessment roll of the land located at (address), you are hereby notified that the undersigned pursuant to (section of ordinance or Municipal Code) has determined that there exists upon said land an (or parts of an) abandoned, wrecked, dismantled, or inoperative vehicle registered to ___________, license number _____, which constitutes a public nuisance pursuant to the provisions of (ordinance or Municipal Code chapter number).

You are hereby notified to abate said nuisance by the removal of said vehicle (or said parts of a vehicle) within 10 days from the date of mailing of this notice, and upon your failure to do so the same will be abated and removed by the city and the costs thereof, together with administrative costs, assessed to you as owner of the land on which said vehicle (or said parts of a vehicle) is located.

As Owner of the land on which said vehicle (or said parts of a vehicle) is located, you are hereby notified that you may, within 10 days after the mailing of this notice of intention, request a public hearing and if such a request is not received by the City Administrative Officer within such 10-day period, the Chief of Police shall have the authority to abate and remove said vehicle (or said parts of a vehicle) as a public nuisance and assess the costs as aforesaid without a public hearing. You may submit a sworn written statement within such 10-day period denying responsibility for the presence of said vehicle (or said parts of a vehicle) on said land, with your reasons for denial, and such statement shall be construed as a request for hearing at which your presence is not required. You may appear in person at any hearing requested by you or the owner of the vehicle or, in lieu thereof, may present a sworn written statement as aforesaid in time for consideration at such hearing.

NOTICE OF INTENTION TO ABATE AND REMOVE AN ABANDONED, WRECKED, DISMANTLED OR INOPERATIVE VEHICLE OR PARTS THEREOF AS A PUBLIC NUISANCE

(Name and address of last registered and/or legal owner of record of vehicle—Notice should be given to both if different)

As last registered (and/or legal) owner of record of (description of vehicle—Make, model, license, etc.), you are hereby notified that the undersigned pursuant to (section of ordinance or Municipal Code) has determined that said vehicle (or parts of a vehicle) exists as an abandoned, wrecked, dismantled, or inoperative vehicle at (describe location on public or private property) and constitutes a public nuisance pursuant to the provisions of (ordinance or Municipal Code chapter number).

You are hereby notified to abate said nuisance by the removal of said vehicle (or said parts of a vehicle) within 10 days from the date of mailing of this notice.

As registered (and/or legal) owner of record of said vehicle (or said parts of a vehicle), you are hereby notified that you may, within 10 days after the mailing of this notice of intention, request a public hearing and if such a request is not received by the city administrative officer within such 10-day period, the chief of police shall have the authority to abate and remove said vehicle (or said parts of a vehicle) without a hearing.

(Code 1957, § 13.139)

(a) Upon request by the owner of the vehicle or owner of the land received by the city administrative officer within ten days after the mailing of the notice of intention to abate and remove as provided in section 90-847, a public hearing shall be held by the administrative officer on the question of abatement and removal of the vehicle or parts thereof as abandoned, wrecked, dismantled, or inoperative and the assessment of the administrative costs and the cost of removal of the vehicle or parts thereof against the property on which it is located.

(b) If the owner of the land submits a sworn written statement denying responsibility for the presence of the vehicle on his land within such ten-day period, such statement shall be construed as a request for a hearing which does not require his presence. Notice of the hearing shall be mailed, by registered mail, at least ten days before the hearing to the owner of the land and to the owner of the vehicle, unless the vehicle is in such condition that identification numbers are not available to determine ownership. If such a request for a hearing is not received within 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.

(Code 1957, § 13.140)

(a) All hearings under this division shall be held before the city administrative officer who shall hear all facts and testimony he deems pertinent. Such facts and testimony may include testimony on the condition of the vehicle or parts thereof and the circumstances concerning its location on the private property or public property. The administrative officer shall not be limited by the technical rules of evidence. The owner of the land may appear in person at the hearing or present a sworn 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 denial.

(b) The administrative officer may impose such conditions and take such other action as he deems appropriate under the circumstances to carry out the purpose of this article. He may delay the time for removal of the vehicle or parts thereof if, in his opinion, the circumstances justify it. At the conclusion of the public hearing, the administrative officer may find that a vehicle has or parts thereof have been abandoned, wrecked, dismantled, or inoperative on private or public property and order the vehicle or parts removed from the property as a public nuisance and disposed of as provided in this division and determine the administrative costs and the cost of removal to be charged against the owner of the land. The order requiring removal shall include a description number and license number of the vehicle, if available at the site.

(c) If it is determined at the hearing that the vehicle was placed on the land without the consent of the owner of the land and that he has not subsequently acquiesced in its presence, the administrative officer shall not assess the 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 owner of the land.

(d) If the owner of the land submits a sworn written statement denying responsibility for the presence of the vehicle on his land but does not appear, or if an interested party makes a written presentation to the administrative officer but does not appear, he shall be notified in writing of the decision.

(Code 1957, § 13.141)

(a) Any interested party may appeal the decision of the administrative officer made pursuant to this division by filing a written notice of appeal with the administrative officer within five days after his decision.

(b) Such appeal shall be heard by the city council which may affirm, amend, or reverse the order or take other action deemed appropriate.

(c) The city clerk shall give written notice of the time and place of the hearing to the appellant and those persons specified in section 90-847.

(d) In conducting the hearing the city council shall not be limited by the technical rules of evidence.

(Code 1957, § 13.142)

If no hearing is requested under section 90-848, upon the expiration of the period of time to request such hearing or 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 the notice of the decision if such notice is required by section 90-849, or 15 days after such action of the city council authorizing removal following appeal, the vehicle 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, unless it is a vehicle that qualifies for either horseless carriage license plates or historical vehicle license plates pursuant to Vehicle Code § 5004.

(Code 1957, § 13.143)

Within five days after the date of removal of the vehicle or parts thereof as provided in this division, 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.

(Code 1957, § 13.144)

If the administrative costs and the cost of removal which are charged against the owner of a parcel of land pursuant to section 90-848 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 Government Code § 38773.5 and shall be transmitted to the tax collector for collection. Such assessment shall have the same priority as other city taxes.

(Code 1957, § 13.145)