Signal Hill Municipal Code Ch. 10.46 Abandoned, Inoperable and Unsightly Vehicles

Sections:

* For provisions regarding nuisances generally, see Ch. 8.12.

In addition to and in accordance with the determination made and the authority granted by the State under Section 22660 of the Vehicle Code to remove abandoned, wrecked, dismantled or inoperative vehicles or parts thereof as public nuisances, the City Council 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 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, to create 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 of the public. Therefore, the presence of an abandoned, wrecked, dismantled or inoperative vehicle, or parts thereof, on private or public property, not including highways, is declared to constitute a public nuisance which may be abated as such in accordance with the provisions of this chapter and those of Chapter 8.12 of this code.

Vehicles to which this chapter shall apply include, but are not limited to, the following:

A. Abandoned Vehicles. Abandoned vehicle means any vehicle, or vehicle part or parts, that is wrecked, dismantled or otherwise inoperative which is parked, stored, or left standing where it is visible from the street or other public or private property, even if partially screened, for more than five (5) consecutive days. A vehicle shall be presumed inoperative if it shows a registration sticker indicating it is registered or certified as a non-operative vehicle with the Department of Motor Vehicles, or its registration as an operative vehicle has been expired for at least sixty (60) days. A presumption of abandonment shall arise when a vehicle is located in a residential zone in an area not specifically designed for vehicular parking. Areas not specifically designed for vehicular parking in residential zones shall include, but are not limited to, front, side and rear yards and unpaved areas.

B. Unsightly Vehicles. Unsightly vehicle means any vehicle, which becomes unsightly and detracts from the appearance of the neighborhood due to such factors as excessive rust, corrosion, or faded, chipped or peeled paint.

(Ord. 2002-01-1301 § 2)

The following words and phrases shall, for the purpose of this chapter, have the following meanings ascribed to them:

A. "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.

B. "Owner of the land" means the owner of the land on which the vehicle, or parts thereof, is located, as shown on the last equalized assessment roll.

C. "Owner of the vehicle" means the last registered owner and legal owner of record with the Department of Motor Vehicles.

D. "Public property" does not include "highway."

E. "Vehicle" means a device by which any person or property may be propelled, moved, or drawn upon a highway, except a device moved exclusively by human power or used exclusively upon stationary rails or tracks.

F. "Designated official" may include, but is not limited to, the city manager or his or her designee, community development director, public works director, chief of police or his or her designee, code enforcement officer, peace officer, or any other person or persons designated by the city manager to serve as a designated official for the purpose of this chapter. The city manager shall exercise plenary management authority over designated officials and may terminate a person's status as a designated official at any time for whatever reason.

(Ord. 2002- 01-1301 § 2)

This chapter shall not apply to:

A. A vehicle, or parts thereof, that is completely enclosed within a building in a lawful manner where it is not visible from the street or other private property, or

B. A vehicle, or parts 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, such as towing, auto repair, restoration, conversion, etc.

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.

(Vehicle Code Section 22660 et seq.) (Ord. 2002-01-1301 § 2)

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.

(Ord. 2002-01-1301 § 2)

Except as otherwise provided in this chapter, the provisions of this chapter may be administered and enforced by the city abatement officer, as defined in Section 8.12.040 of this code. In the enforcement of this chapter, such official and his deputies may enter upon private or public property to examine a vehicle or parts thereof, or obtain information as to the identity of a vehicle's owner and to remove or cause the removal of a vehicle or parts thereof declared to be a nuisance in accordance with the procedures proscribed in this chapter. When the city has contracted with or granted a franchise for vehicle towing services, such person or persons shall be authorized under direction of the designated official to enter upon private or public property and remove or cause the removal of a vehicle or parts thereof declared to be a nuisance pursuant to this chapter.

(Ord. 2002-01-1301 § 2)

Upon discovering the existence of an abandoned, wrecked, dismantled or inoperative vehicle, or parts thereof, on private or public property within the city, the designated official shall have the authority and a duty to cause the abatement and removal thereof, in accordance with the provisions of this chapter.

(Ord. 2002-01-1301 § 2)

A notice and order of intention to abate and remove the vehicle, or parts thereof, as a public nuisance shall be served on all known responsible parties, including the owner of the land and the owner of the vehicle, unless the vehicle is in such condition that identification numbers are not available to determine ownership. The notice and order for violation of this chapter may be incorporated into any other notice and order served in accordance with the provisions of Chapter 8.12. The notice and order shall comply in all respects with the provisions of Chapter 8.12, and shall include a statement advising the responsible party that: 1) the party may appeal the determination of a public nuisance to the city council, and 2) the party may appear in person at a hearing or may submit a sworn written statement denying responsibility for the presence of the vehicle on the land, with his or her reasons for the denial. In no event shall the notice and order give the responsible party or parties less than ten (10) days to abate the nuisance, unless the property owner and the owner of the vehicle have signed releases authorizing removal and waiving further interest in the vehicle.

With respect to inoperable vehicles located upon a parcel zoned for agricultural use or not improved with a residential structure containing one or more dwelling units, a notice and order under Section 10.46.070 is not required for removal of a vehicle or parts thereof, provided all of the following apply:

A. The vehicle or part thereof is inoperable due to the absence of a motor, transmission, or wheels and is incapable of being towed;

B. The vehicle or part thereof is valued at less than two hundred dollars ($200) by the chief of police or any regularly employed and salaried member of the police department designated by the chief of police;

C. The vehicle or part thereof is determined by the city abatement officer to be public nuisance presenting an immediate threat to public health or safety;

D. The property owner, or the city manager in the case of city-owned property, has signed a release authorizing removal and waiving further interest in the vehicle or part thereof; and

E. After the vehicle or part thereof has been removed and stored by the city, but prior to the final disposition consistent with Section 10.46.110, the registered or known owner of the vehicle or part thereof has been mailed a notice and given twelve (12) days from the mailing of the notice to claim the vehicle or part thereof.

(Ord. 2002-01-1301 § 2)

If an appeal of any portion of the notice and order is timely filed by the responsible party with the city clerk, a hearing shall be held in accordance with the provisions of Section 8.12.100. The owner of the land and/or the owner of the vehicle may appear in person at the hearing or submit a sworn statement in time for consideration at the hearing on the question of abatement and removal of the vehicle or parts thereof as an abandoned, wrecked, dismantled or inoperative vehicle.

(Ord. 2002-01-1301 § 2)

If no appeal is timely filed and the nuisance is not completely abated, or if an appeal is filed and the council determines a vehicle to be a public nuisance, then the city may abate the nuisance in accordance with the provisions of this chapter and Chapter 8.12 of this code.

(Ord. 2002-01-1301 § 2)

After a vehicle has been removed, it shall not 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 Section 5004 of the Vehicle Code, in which case the vehicle may be reconstructed or made operable. Vehicles or parts thereof may be disposed of by removal to a scrap yard, automobile dismantler's yard, or any suitable site operated by a local authority for processing as scrap.

(Ord. 2002-01-1301 § 2)

Notice shall be given to the Department of Motor Vehicles within five (5) days after the date of removal, identifying the vehicle or part thereof. Such notice shall include the forwarding of any evidence of registration available including, but not limited to, the registration card, certificates of ownership or license plates.

(Ord. 2002-01-1301 § 2)

Assessment of any abatement liens or costs will be processed in accordance with the procedures in Chapter 8.12 of this code with the following exception: if it is determined at the hearing that the vehicle, or parts thereof, was placed on the land without the consent of the landowner and he or she did not subsequently acquiesce to its presence, no costs of administration or removal shall be assessed against the property, nor shall any other attempt be made to recover those costs from the landowner.

(Ord. 2002-01-1301 § 2)

It is unlawful and a misdemeanor for any person to create or maintain a nuisance, as defined in this chapter. The provisions of this chapter are not exclusive, but are in addition to and do not supercede or limit in any way, any other remedies, civil or criminal.

(Ord. 2002-01-1301 § 2)