Simi Valley Municipal Code Ch. 2 Abandoned, Wrecked, Dismantled, or Inoperative Vehicles

* Sections 5-2.01 through 5-2.16, recodified from Sections 6280 through 6287, S.V.M.C., as amended by Ordinance Nos. 88 and 225, repealed by Ordinance No. 623, effective February 5, 1986.

In addition to and in accordance with the determination made and the authority granted by the State pursuant to the provisions of Section 22660 of the Vehicle Code of the State 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, 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, dismantled, or inoperative vehicle, or parts thereof, on private or public property, not including highways, 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.

(§ 1, Ord. 623, eff. February 5, 1986)

For the purposes of this chapter, unless otherwise apparent from the context, certain words and phrases used in this chapter are defined as follows:

(a) "Chief of Police" shall mean the Chief of Police of the City or his or her designee.

(b) "City Manager" shall mean the City Manager of the City or his or her designee.

(c) "Highway" shall mean 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.

(d) "Owner of the land" shall mean the owner of the land on which the vehicle, or parts thereof, is located as shown on the last equalized assessment roll.

(e) "Owner of the vehicle" shall mean the last registered owner and the legal owner of record.

(f) "Public property" shall mean property other than a highway owned by a public entity and shall include a public easement or other public right-of-way.

(g) "Registered mail" shall include "certified mail".

(h) "Vehicle" shall mean 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.

(§ 1, Ord. 623, eff. February 5, 1986, as amended by §§ 1—4, Ord. 962, eff. 11-19-99)

The provisions of this chapter shall not apply to:

(a) A vehicle, or parts thereof, which is completely enclosed within a building in a lawful manner where the vehicle is not visible from the street or other public or 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, or junk dealer, or when such storage or parking is necessary to the operation of a lawfully conducted business or commercial enterprise.

The provisions of this section shall nor 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 of the State and this chapter.

(§ 1, Ord. 623, eff. February 5, 1986)

The provisions of this chapter shall not be 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.

(§ 1, Ord. 623, eff. February 5, 1986)

Except as otherwise provided in this chapter, the provisions of this chapter shall be administered and enforced by the Chief of Police. In the enforcement of the provisions of this chapter, the Chief of Police, when any necessary inspection and/or abatement warrants or court order have been obtained, may enter upon private or public property to examine a vehicle, or parts thereof, or to obtain information as to the ownership of a vehicle and to remove, or cause the removal of, a vehicle, or parts thereof, declared to be a nuisance pursuant to the provisions of this chapter.

(§ 1, Ord. 623, eff. February 5, 1986, as amended by §§ 5—9, Ord. 962, eff. 11-19-99)

When the Council has contracted with, or granted a franchise to, any person, such person shall be authorized to 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 the provisions of this chapter.

(§ 1, Ord. 623, eff. February 5, 1986)

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

(§ 1, Ord. 623, eff. February 5, 1986)

Upon discovering the existence of an abandoned, wrecked, dismantled, or inoperative vehicle, or parts thereof, on private 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 procedures set forth in this chapter.

(§ 1, Ord. 623, eff. February 5, 1986, as amended by § 10, Ord. 962, eff. 11-19-99)

A ten (10) day notice of intention to abate and remove a vehicle, or parts thereof, as a public nuisance shall be mailed by registered or certified mail to both the owner of the land and the owner of the vehicle, unless any of the following circumstances exists:

(a) The vehicle is in such condition that identification numbers are not available to determine ownership, or the owner of the vehicle cannot be determined from Department of Motor Vehicles records, in either case notice shall be sent to the owner of the land; or

(b) The property owner and the owner of the vehicle have signed releases authorizing the removal and waiving further interest in the vehicle, or parts thereof; or

(c) The vehicle, or parts thereof, (1) is located upon a parcel which is either zoned for agricultural use or is not improved with a residential structure containing one or more dwelling units; (2) is inoperable due to the absence of a motor, transmission, or wheels and is incapable of being towed; (3) is valued at less than Two Hundred and no/100ths ($200.00) Dollars by the Chief of Police; (4) is determined by the Chief of Police to be a public nuisance presenting an immediate threat to the public health and safety; and (5) the property owner has signed a release authorizing the removal and waiving interest in the vehicle, or parts thereof. Prior to final disposition pursuant to Section 5-2.13 of this chapter of such a low valued vehicle or part for which evidence of registration was recovered, the City shall provide notice to the registered and legal owners of the intent to dispose of the vehicle or part, and if the vehicle or part is not claimed and removed within twelve (12) days after the notice is mailed, final disposition may proceed. Neither the City nor any contractor thereof shall be liable for damages caused to a vehicle, or parts thereof, by removal pursuant to this section.

Should a ten (10) day notice of intention to abate be required, such 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 the owner of the land)

As owner shown on the last equalized assessment roll of the land located at _______, you are hereby notified that the undersigned, pursuant to the provisions of Chapter 2 of Title 5 of the Simi Valley Municipal Code, has determined that there exists upon said land an (or parts thereof) abandoned, wrecked, dismantled, or inoperative vehicle registered to _______, license number_____, which constitutes a public nuisance pursuant to the provisions of Chapter 2 of Title 5 of the Simi Valley Municipal Code.

You are hereby notified to abate said nuisance by the removal of said vehicle (or said parts of a vehicle) within ten (10) days from the date of the mailing of this notice, and, upon your failure to do so, the same will be abated and removed by the City of Simi Valley, and the costs thereof, together with administrative costs, shall be 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 (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 Manager of the City of Simi Valley within such ten (10) day period, the City 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 (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 a 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/ _____ Chief of Police, City of Simi Valley

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 the last registered and/or legal owner of record of the vehicle; notice should be given to both if different)

As last registered (and/or legal) owner of record of the following described vehicle (make, model, and license number), you are hereby notified that the undersigned, pursuant to the provisions of Chapter 2 of Title 5 of the Simi Valley Municipal Code, has determined that said vehicle (or parts of a vehicle) exists as an abandoned, wrecked, dismantled, or inoperative vehicle at _______ (address of the property on which the vehicle is located) and constitutes a public nuisance pursuant to the provisions of Chapter 2 of Title 5 of the Simi Valley Municipal Code.

You are hereby notified to abate said nuisance by the removal of said vehicle (or said parts of a vehicle) within ten (10) days from the date of the 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 (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 Manager of the City of Simi Valley within such ten (10) day period, the City shall have the authority to abate and remove said vehicle (or said parts of a vehicle) without a hearing.

Notice mailed_______

(date) s/ _____ Chief of Police, City of Simi Valley

(§ 1, Ord. 623, eff. February 5, 1986, as amended by §§ 11—15, Ord. 962, eff. 11-19-99)

Upon a request by the owner of the vehicle or the owner of the land which is received by the City Manager within ten (10) days after the mailing of the notices of intention to abate and remove, or upon a request made at the time of signing a release pursuant to subsection (c) of Section 5-2.09 of this chapter, a public hearing shall be held by the City Manager on the question of the 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 costs of the removal of the vehicle, or parts thereof, against the property on which the vehicle, or parts thereof, 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 (10) day period, or if the owner submits such a statement at the time of signing a release pursuant to subsection (c) of Section 5-2.09 of this chapter, 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 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 or the owner cannot be determined from Department of Motor Vehicles records. If such a request for a hearing is not received within ten (10) days after the mailing of the notice of intention to abate and remove, the City shall have the authority to order the abatement and removal of the vehicle, or parts thereof, as a public nuisance without holding a public hearing.

(§ 1, Ord. 623, eff. February 5, 1986, as amended by §§ 16, 17, Ord. 962, eff. 11-19-99)

All hearings requested by the owners of the vehicles or the owners of the land, as set forth in Sections 5-2.09 and 5-2.10 of this chapter, shall be held before the City Manager who shall hear all facts and testimony he or she 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 private or public property. The City Manager 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 or her reasons for such denial.

The City Manager may impose such conditions and take such other action as he or she deems appropriate under the circumstances to carry out the purposes of this chapter. The City Manager may delay the time for the removal of the vehicle, or parts thereof, if, in his or her opinion, the circumstances so justify. At the conclusion of the public hearing, the City Manager may find that a vehicle, or parts 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 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 City Manager 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 City Manager, but does not appear, such owner of the land or interested person shall be notified in writing of the decision.

(§ 1, Ord. 623, eff. February 5, 1986)

(a) The decision of the City Manager is final and there is no appeal therefrom.

(b) The City shall obtain inspection and/or abatement warrants or court orders where required by law to effectuate inspection, abatement or removal of a vehicle from public or private property.

(§ 18, Ord. 962, eff. 11-19-99)

Five (5) days after the adoption of the order declaring the vehicle, or parts thereof, to be a public nuisance, or five (5) days after the date of the mailing of the notice of the decision, if such a notice is required by the provisions of Section 5-2.11 of this chapter, the vehicle, or parts thereof, may be disposed of by removal to a scrapyard or automobile dismantler's yard or other final disposition. After a vehicle has been removed, it shall not thereafter be reconstructed or made operable, unless it is a vehicle which qualifies for either horseless carriage license plates or historical vehicle license plates pursuant to Section 5004 of the Vehicle Code of the State, in which case the vehicle may be reconstructed or made operable.

(§ 1, Ord. 623, eff. February 5, 1986, as amended by § 19, Ord. 962, eff. 11-19-99)

Within five (5) days after the date of the removal of the vehicle, or parts thereof, notice shall be given to the Department of Motor Vehicles of the State identifying the vehicle, or parts thereof, removed. At the same time there shall be transmitted to the Department of Motor Vehicles of the State any evidence of registration available, including, but not limited to, registration certificates, certificates of title, and license plates.

(§ 1, Ord. 623, eff. February 5, 1986)

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 Section 5-2.11 of this chapter are nor paid within thirty (30) days after the date of the order, or the final disposition of an appeal therefrom, such costs shall be assessed by the City against the parcel of land pursuant to the provisions of Section 38773.5 of the Government Code of the State. Such assessment shall have the same priority as other City taxes.

(§ 1, Ord. 623, eff. February 5, 1986)

It shall be unlawful for any person to fail or refuse to abate an abandoned, wrecked, dismantled, or inoperative vehicle, or parts thereof, when ordered to do so in accordance with the abatement provisions of this chapter or State laws where such State laws are applicable.

(§ 1, Ord. 623, eff. February 5, 1986)