Santa Ana Municipal Code § 16-121 Disposition of vehicle after order of appeal

In addition to and in accordance with the determination made and the authority granted by the State of California under Section 22660 of the Vehicle Code to remove abandoned, wrecked, dismantled, or inoperative vehicles or parts thereof as public nuisances, the city council of the City of Santa Ana 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 not including highways 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, or dismantled or inoperative vehicle or part thereof, on private or public property not including highways, except as expressly hereinafter permitted, is hereby declared to constitute a public nuisance which may be abated as such in accordance with the provisions of this article.

(Ord. No. NS-1169, § 1, 10-15-73)

As used in this article:

(a) The term "vehicle" means 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.

(b) The term "highway" means 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.

(c) The term "public property" does not include "highway."

(d) The term "enclosed private property" shall mean the fenced-in ground and buildings immediately surrounding a house or dwellings.

(Ord. No. NS-1169, § 1, 10-15-73; Ord. No. NS-2069, § 1, 7-16-90)

This article shall not apply to the following:

(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 on land which such business or enterprise is authorized by the city's zoning regulations.

(c) 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 Vehicle Code and this article.

(Ord. No. NS-1169, § 1, 10-15-73)

Except as otherwise provided in this article, the provisions of this article shall be administered and enforced by the executive director of the planning and building agency or his or her designee. In the enforcement of this article, subject to other requirements of law, such enforcement officer may enter upon private or public property to examine a vehicle or parts thereof or to obtain information as to the identity of a vehicle. If consent to enter enclosed private property for purposes of this section has been sought and refused, or facts and circumstances exist to reasonably justify a failure to seek such consent, such enforcement officer shall obtain an inspection warrant pursuant to Section 1822.50 et seq. of the Code of Civil Procedure.

(Ord. No. NS-1169, § 1, 10-15-73; Ord. No. NS-2069, § 2, 7-16-90; Ord. No. NS-2331, § 1, 9-2-97)

The executive director of the planning and building agency or his or her designee may enter upon private or public property to remove or cause the removal of a vehicle or parts thereof declared to be a nuisance pursuant to this article.

If consent to enter enclosed private property for purposes of this section has been refused by the property owner or occupant, the executive director of the planning and building agency or his or her designee shall obtain appropriate judicial authorization prior to the removal of a vehicle or parts thereof.

(Ord. No. NS-1169, § 1, 10-15-73; Ord. No. NS-2069, § 3, 7-16-90; Ord. No. NS-2331, § 2, 9-2-97)

The city council shall, by resolution, 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 part thereof) under this article.

(Ord. No. NS-1169, § 1, 10-15-73)

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 executive director of the planning and building agency or his or her designee shall have the authority to cause the abatement and removal thereof in accordance with the procedure prescribed herein and to arrange with and authorize private persons or city employees to accomplish such removal.

(Ord. No. NS-1169, § 1, 10-15-73; Ord. No. NS-2331, § 3, 9-2-97)

A ten-day notice of intention to abate and remove the vehicle or parts thereof as a public nuisance shall be mailed by registered or certified 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. 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 Chapter 16, Article IV of the 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 Chapter 16, Article IV of the Municipal Code.

You are hereby notified to abate said nuisance by the removal of said vehicle (or parts of a vehicle) within ten 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 ten days after the mailing of this Notice of Intention, request a public hearing, and if such a request is not received by the executive director of the planning and building agency or his or her designee within such ten-day period, the executive director of the planning and building agency or his or her designee 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 ten-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 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 Mailed_______(date)___

/s/___________

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 Chapter 16, Article IV of the 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 Chapter 16, Article IV of the Municipal Code.

You are hereby notified to abate said nuisance by the removal of said vehicle (or said parts of a vehicle) within ten 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 ten days after the mailing of this Notice of intention, request a public hearing and if such a request is not received by the executive director of the planning and building agency or his or her designee within such ten-day period, the executive director of the planning and building agency or his or her designee shall have the authority to abate and remove said vehicle (or said parts of a vehicle) without a hearing.

Notice Mailed________(date)___

/s/___________

(Ord. No. NS-1169, § 1, 10-15-73; Ord. No. NS-2331, § 4, 9-2-97)

Upon request by the owner of the vehicle or owner of the land received by the executive director of the planning and building agency or his or her designee within ten (10) days after the mailing of the notices of intention to abate and remove, a public hearing shall be held by the executive director of the planning and building agency or his or her designee on the question of abatement and removal of the vehicle, or parts thereof, as an abandoned, wrecked, dismantled or inoperative vehicle, 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.

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, said 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 or certified mail, at least ten (10) 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 hearing is not received within said ten (10) 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. No. NS-1169, § 1, 10-15-73; Ord. No. NS-2331, § 5, 9-2-97)

All hearings under this article shall be held before the executive director of the planning and building agency or his or her designee who shall hear all facts and testimony he or she deems pertinent. Said facts and testimony may include testimony on the condition of the vehicle, or parts thereof, and the circumstances concerning its location on the said private property or public property. The executive director of the planning and building agency or his or her designee 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 reason for such denial.

The executive director of the planning and building agency or his or her designee may impose such conditions and take such other action as he or she deems appropriate under the circumstances to carry out the purpose of this article. He or she may delay the time for removal of the vehicle or parts thereof if, in his or her opinion, the circumstances justify it. At the conclusion of the public hearing, the executive director of the planning and building agency or his or her designee may find that a vehicle or parts thereof have 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 changed against the owner of the land. The order requiring removal shall include a description of the vehicle or parts thereof and the correct identification number and license number of the vehicle, if available at the site.

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 or she has not subsequently acquiesced in its presence, the executive director of the planning and building agency or his or her designee 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.

If the owner of the land submits a sworn written statement denying responsibility for the presence of the vehicle on his or her land but does not appear, or if an interested party makes a written presentation to the executive director of the planning and building agency or his or her designee but does not appear, he or she shall be notified in writing of the decision.

(Ord. No. NS-1169, § 1, 10-15-73; Ord. No. NS-2331, § 5, 9-2-97)

Any interested party may appeal the decision of the executive director of the planning and building agency or his or her designee by filing a written notice of appeal with the clerk of the council within five (5) days after his or her decision.

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

The clerk of the council shall give written notice of the time and place of the hearing to the appellant and those persons specified in this article.

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

(Ord. No. NS-1169, § 1, 10-15-73; Ord. No. NS-2331, § 6, 9-2-97)

Five (5) days after adoption of the order declaring the vehicle or parts thereof to be a public nuisance, five (5) days from the date of mailing of notice of the decision if such notice is required by this article, or fifteen (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 scrap yard or automobile dismantler's yard. After a vehicle has been removed it shall not thereafter be reconstructed or made operable.

(Ord. No. NS-1169, § 1, 10-15-73)

Within five (5) days after the date of removal of the vehicle or parts thereof, the executive director of the planning and building agency or his or her designee shall give notice 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. No. NS-1169, § 1, 10-15-73; Ord. No. NS-2331, § 7, 9-2-97)

The administrative costs and the cost of removal which are charged against the owner of a parcel of land pursuant to this article shall, upon expiration of the time for appeal to the city council if no appeal is request, or upon affirmation of the order of assessment if an appeal is heard, be assessed against the parcel of land pursuant to Section 38773.5 of the Government Code and shall be transmitted by the clerk of the council to the tax collector for collection. Said assessment shall have the same priority as other city taxes.

(Ord. No. NS-1169, § 1, 10-15-73)

At the same time that the assessment is transmitted to the tax collector, the clerk of the council shall record in the office of the county recorder a notice of lien, substantially in the form set out below.

NOTICE OF LIEN

(Claim of City of Santa Ana)

Pursuant to Chapter 16 of the Santa Ana Municipal Code and Section 22660 of the Vehicle Code, the City of Santa Ana did on or about the _____ day of _______, 19 ___, cause an abandoned vehicle or parts thereof to be removed from real property described herein as a public nuisance and did, effective ________, cause the costs of removal and administrative costs to be assessed against said real property; and the same has not been paid nor any part thereof; and said City of Santa Ana does hereby claim a lien on said real property in the amount of said assessment, to wit: the sum of $ _____ and the same shall be a lien upon said real property until the same has been paid in full and discharged of record.

The real property hereinabove mentioned, and upon which a lien is claimed, is that certain parcel of land lying and being in the City of Santa Ana, County of Orange, State of California, and particularly described as follows:

(description)

Dated: This _____ day of _______, 19___.

___________

Clerk of the Council of

the City of Santa Ana

(Ord. No. NS-1169, § 1, 10-15-73)

This article 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. No. NS-1169, § 1, 10-15-73)