Chapter 90 — ABANDONED, WRECKED AND DISMANTLED VEHICLES

In addition to and in accordance with the determination made and the authority granted by the state pursuant to the provisions of Cal. Veh. Code § 22660 to remove abandoned, wrecked, dismantled or inoperative vehicles, or parts thereof, as public nuisances, the Council hereby 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, is hereby 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, except as expressly permitted by the provisions of this chapter, is hereby declared to constitute a public nuisance which may be abated as such in accordance with the provisions of this chapter.

('65 Code, § 5-24.01) (Ord. 40-C.S., passed - - )

Cross-reference:

Nuisances, see Ch. 98

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 the purposes of vehicular travel. HIGHWAY shall include STREET . PUBLIC PROPERTY. This term shall 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.

('65 Code, § 5-24.02) (Ord. 40-C.S., passed - - )

It shall be 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 part thereof, which is in an abandoned, wrecked, dismantled or inoperative condition upon any private property or public property, within the city for a period in excess of ten days unless such vehicle, or part thereof, is completely enclosed within a building in a lawful manner where it is not plainly visible from the street or other public or private property, or unless such vehicle 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 junk yard.

('65 Code, § 5-24.14) (Ord. 40-C.S., passed - - ) Penalty, see § 10.99

(A) The provisions of this chapter shall not apply to:

(1) 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

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

(B) The provisions of this section shall not authorize the maintenance of a public or private nuisance as defined pursuant to provisions of law other than Cal. Veh. Code Division 11, Chapter 10 (commencing with § 22650) and this chapter.

('65 Code, § 5-24.03) (Ord. 40-C.S., passed - - )

The provisions of this chapter are not the exclusive regulation of abandoned, wrecked, dismantled or inoperative vehicles within the city. The provisions of this chapter shall supplement and be in addition to the other regulatory codes, statutes and laws heretofore or hereafter enacted by the city, the state or any other legal entity or agency having jurisdiction.

('65 Code, § 5-24.04) (Ord. 40-C.S., passed - - )

Except as otherwise provided in this chapter, the provisions of this chapter shall be administered and enforced by the City Manager. In the enforcement of the provisions of this chapter, such officer, his deputies or city police officers, firefighters, health officers, code enforcement officers, or building inspectors 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 part thereof, declared to be a nuisance pursuant to the provisions of this chapter; provided such persons are regularly salaried full-time employees of the city. ('65 Code, § 5-24.05) (Ord. 40-C.S., passed - - ; Am. Ord. 97-C.S., passed - - )

When the Council has contracted with or granted a franchise to any person, such person 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 the provisions of this chapter. ('65 Code, § 5-24.06) (Ord. 40-C.S., passed - - )

The Council from time to time shall determine and fix an amount to be assessed as administrative costs (excluding the actual cost of the removal of any vehicle, or part thereof) for the purposes of administering the provisions of this chapter.

('65 Code, § 5-24.07) (Ord. 40-C.S., passed - - )

(A) A notice of intention to abate and remove the vehicle as a public nuisance shall be given at least ten days prior to the abatement thereof. The notice shall be mailed at least ten days before the hearing by certified mail, return receipt requested, to the owner of the land as shown on the last equalized county assessment roll and to the last registered and legal owner of record, unless the vehicle is in such condition that identification numbers are not available to determine ownership. The notice shall read as follows: NOTICE OF INTENTION TO ABATE PUBLIC NUISANCE

TO: The registered and legal owners of the motor vehicle described herein and to the owner of the land upon which it is located.

PLEASE TAKE NOTICE that a certain (make, model, license number, and/or engine numbers) is in an abandoned, wrecked, dismantled or inoperative condition upon property located at and constitutes a public nuisance. The City of San Gabriel intends to remove said vehicle from said location and abate said public nuisance at the expiration of ten days from the date of mailing of this notice.

You and each of you may request a hearing before the City Manager of said city within ten days of the date of the mailing hereof. You may appear in person at said hearing.

The owner of the property may submit a sworn written statement denying responsibility for the vehicle on his land within said ten day period. Said statement shall contain his reasons for such denial.

The costs of removal may be charged against the owner of the parcel of land on which the vehicle, or part thereof, is located. DATED: This day of , 19 .

City Manager

(B) If no hearing is requested, the City Manager may order the removal of the vehicle from the property as a public nuisance at the conclusion of the ten day notice period and determine the administrative costs and the costs 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. ('65 Code, § 5-24.08) (Ord. 40-C.S., passed - - ; Am. Ord. 97-C.S., passed - - ; Am. Ord. 212-C.S., passed - - )

(A) All hearings held pursuant to the provisions of this chapter shall be held before the City Manager or one or more of his deputies, designated by him as Hearing Officer, who shall hear all facts and testimony deemed pertinent. Such facts and testimony may include testimony on the condition of the vehicle, or part thereof, and the circumstances concerning its location on private property or public property. The Hearing Officer 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 at the hearing or present a sworn written statement denying responsibility for the presence of the vehicle on the land, with his reasons for such denial.

(B) The Hearing Officer may impose such conditions and take such other action as he deems appropriate under the circumstances to carry out the purposes of this chapter. He may delay the time for the removal of the vehicle, or part thereof, if, in his opinion, the circumstances so justify. 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, order the same removed from the property as a public nuisance and disposed of as provided in this chapter, and determine the administrative costs and the costs 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.

(C) 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 Hearing Officer shall not assess costs of administration for removal of the vehicle against the property upon which the vehicle is located or otherwise attempt to collect such costs from such landowner.

(D) If an interested person makes a written presentation to the Hearing Officer but does not appear, such interested person shall be notified in writing of the decision. ('65 Code, § 5-24.09) (Ord. 40-C.S., passed - - ; Am. Ord. 97-C.S., passed - - )

(A) Any interested person may appeal the decision of the Hearing Officer by filing a written notice of appeal with the Hearing Officer within 10 days after his decision.

(B) The appeal shall be heard by the Council which may affirm, amend or reverse the order or take any 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 set forth in § 90.09 of this chapter.

(D) In conducting the hearing the Council shall not be limited by the technical rules of evidence. ('65 Code, § 5-24.10) (Ord. 40-C.S., passed - - )

Ten days after the adoption of the order declaring the vehicle, or parts thereof, to be a public nuisance, or ten days from the date of mailing of the notice of the decision, if such notice is required by the provisions of § 90.10, or 15 days after such action of the Council authorizing removal following an 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. ('65 Code, § 5-24.11) (Ord. 40-C.S., passed - - )

Within five days after the date of removal of the vehicle, or part thereof, notice shall be given to the Department of Motor Vehicles of the state 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, registration certificates of title or license plates.

('65 Code, § 5-24.12) (Ord. 40-C.S., passed - - ; Am. Ord. 97-C.S., passed - - )

If the administrative costs and the costs of removal which are charged against the owner of a parcel of land pursuant to the provisions of § 90.10 are not paid within 30 days from 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 provisions of Cal. Gov't Code § 38773.5 and shall be transmitted to the Tax Collector for collection. Such assessment shall have the same priority as other city or county taxes.

('65 Code, § 5-24.13) (Ord. 40-C.S., passed - - )

It shall be unlawful and a misdemeanor for any person to fail or refuse to remove an abandoned, wrecked, dismantled or inoperative vehicle, or part thereof, or to 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. ('65 Code, § 5-24.15) (Ord. 40-C.S., passed - - ) Penalty, see § 10.99