Sierra Madre Municipal Code Ch. 8.20 Abandoned, Wrecked or Inoperative Vehicles

For the purpose of this chapter, the following terms shall be defined as set forth in this section:

"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."

"Public property" shall not include "highway."

"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.

(Prior code § 5200)

The accumulation and storage of abandoned, wrecked, dismantled, or inoperative vehicles or parts thereof, except as expressly permitted in this chapter, 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 permitted in this chapter, is declared to constitute a public nuisance which may be abated as such in accordance with the provisions of this chapter and Section 22660 of the Vehicle Code.

(Prior code § 5201)

The provisions of this chapter shall not apply to:

A. The 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;

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;

C. A vehicle which has remained inoperative for less than seventy-two hours accumulated; provided, however, that this exception shall not apply to vehicles stored or parked in front yard areas; or

D. A vehicle classified as a genuine antique, having a value in excess of five hundred dollars.

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 chapter.

(Ord. 1084 § 1 (part), 1992: prior code § 5202)

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

(Prior code § 5203)

Except as otherwise provided herein, the provisions of this chapter shall be administered and enforced by the city administrator. In such enforcement, the city administrator or his/her subordinates 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.

(Ord. 1084 § 1 (part), 1992: prior code § 5204)

Where the city administrator determines that there is such an abandoned, wrecked, dismantled or inoperative vehicle, he/she shall give written notice of such determination either (1) by personally serving the occupant of such premises, or (2) by placing or affixing such notice to the vehicle or parts thereof. The notice shall state the date, the determination as defined in Section 8.20.010 and prescribe a minimum of forty-eight hours within which the vehicle or part thereof shall be removed. A copy of such notice shall be promptly delivered to the secretary of the planning commission.

(Prior code § 5205)

Notice of such hearing shall be mailed at least ten days before the hearing by certified mail, with a five-day return 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 of such vehicle or part unless in such condition that identification numbers are not available to determine ownership. If any of the foregoing notices are returned undelivered by the United States Post Office, the hearing shall be continued to a date not less than ten days from the date of such return.

(Ord. 1084 § 1 (part), 1992: prior code § 5206)

Upon receipt of a copy of the notice as described in Sections 8.20.060 and 8.20.070 and expiration of the forty-eight-hour period, the secretary of the planning commission may present the violation to the planning commission at its regular meeting, but in no event less than fifteen days from the date stated on such notice. At such meeting of the planning commission, a public hearing shall be held on the question of abatement and removal of the vehicle or part thereof as an abandoned, wrecked, dismantled or inoperative vehicle and the assessment of administrative costs and costs of removal of the vehicle or part thereof against the property on which it is located.

(Prior code § 5207)

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 days prior to the public hearing.

(Prior code § 5208)

Hearings held as required by this chapter shall be conducted as follows:

A. All such hearings shall be held before the planning commission 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 said private property or public property. The planning commission 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 written statement in time for consideration at the hearing, and deny responsibility for the presence of the vehicle on the land, with reasons for such denial;

B. The planning commission may impose such conditions and take such other action as it deems appropriate under the circumstances to carry out the purpose hereof. 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 planning commission may (1) find that a vehicle or part thereof has been abandoned, wrecked, dismantled, or is inoperative on private or public property; and (2) issue its written order to have the same removed from the property as a public nuisance and disposed of as hereinafter provided; and (3) determine whether the administrative costs and the cost of removal are 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 located thereon;

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 planning commission 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 for such landowner;

D. If an interested party makes a written presentation to the planning commission but does not appear, he shall be notified in writing of the decision.

(Prior code § 5209)

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 hereto.

(Prior code § 5210)

The costs of removal and abatement shall be the actual charges submitted by the person or persons under contract or franchise with the city for such removal. The administrative costs are determined to be twenty-five dollars for each such removal.

(Prior code § 5211)

Appeals shall be made as follows:

A. Any interested party may appeal the decision of the planning commission by filing a written notice of appeal with the city clerk within six days after the date of the mailing of the notice of the decision of the planning commission.

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 Sections 8.20.080 and 8.20.090.

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

(Prior code § 5212)

Unless so appealed, six days after the mailing of the order declaring the vehicle or parts thereof to be a public nuisance and ordering its removal, the city may cause the vehicle or parts thereof to be disposed of by removal to a scrapyard or automobile dismantler's yard or other suitable site. After a vehicle has been so removed, it shall not thereafter be reconstructed or made operable.

(Prior code § 5213)

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 such vehicle or part thereof. At the same time there shall be transmitted to the Department of Motor Vehicles any evidence or registration available, including registration certificates, certificates of title and license plates.

(Prior code § 5214)

If the administrative costs and the cost of removal which are charged against the owner of a parcel of land pursuant to Section 8.20.100 are not paid within thirty 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 Section 38773.5 of the Government Code and shall be transmitted to the tax collector for collection. Said assessment shall have the same priority as other city taxes.

(Prior code § 5215)