Solana Beach Municipal Code Art. II Removal and Disposal of Abandoned Vehicles Not on Highways

The purpose and intent of the council in adopting this article is to establish procedures pursuant to Sections 22660 to 22664 of the California Vehicle Code for the abatement, removal and disposal as public nuisances, of abandoned, wrecked, dismantled or inoperative vehicles or vehicle parts from private or public property, not including highways. (Ord. 37 § 1, 1987; 1987 Code § 7.52.040)

Any vehicle located on property other than a highway may be removed as a public nuisance and disposed of in accordance with the following procedures:

A. Not less than 10 days prior to any removal or disposal of a vehicle, a notice of intention to abate and remove the vehicle as a public nuisance shall be issued, unless the property owner and the owner of the vehicle have signed releases authorizing removal and waiving further interest in the vehicle. The notice shall contain a statement of the hearing rights of the owner of the vehicle and of the owner of the property on which the vehicle is located. The statement shall include notice to the property owner that he 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 reasons for such denial, in lieu of appearing. The notice of intention to abate shall be mailed, by registered or certified mail, to the owner of the land as shown on the last equalized assessment roll and to the last registered and legal owners of record, unless the vehicle is in such condition that identification numbers are not available to determine ownership.

B. Upon request by the owner of the vehicle or the owner of the land on which the vehicle is located, a public hearing shall be held before the city manager or any other regularly salaried full-time employee of the city whom the city manager may designate. This request shall be made to the manager or his designee within 10 days after the mailing of the notice of intention to abate and remove the vehicle.

C. The owner of the land on which the vehicle is located may appear in person at the hearing. Instead of making an appearance, he may present a sworn written statement, in time for consideration at the hearing, denying responsibility for the presence of the vehicle on the land, with his reasons for his denial. This statement shall be construed as a request for a hearing which does not require the presence of the owner submitting the request. 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 acquiesced in its presence, then the costs of administration or removal of the vehicle shall not be assessed against the property upon which the vehicle is located, pursuant to Government Code Section 38773.5, or collected from the landowner.

D. No person shall reconstruct or make operable any vehicle removed under the provisions of this article, unless it is a vehicle which qualifies for either horseless carriage license plates or historical vehicle license, pursuant to Section 5004 of the California Vehicle Code, in which case the vehicle may be reconstructed or made operable.

E. This article shall not apply to:

1. A vehicle 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 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 a junk yard.

This exception shall not, however, authorize the maintenance of a public or private nuisance, as defined under provisions of law other than this section.

F. A vehicle may be disposed of by removal to a scrap yard, automobile dismantler’s yard, or any suitable site for processing as scrap, or other final disposition consistent with subsection D of this section.

G. Notice shall be given to the Department of Motor Vehicles within five days after the date of removal, identifying the vehicle and any evidence of registration available including, but not limited to, the registration card, certificate of ownership or license plates.

H. The cost of removal and disposal of any vehicle and the administrative cost thereof may be charged against the person who is determined to be responsible for the maintenance of the vehicle as a public nuisance.

I. Provisions of this section shall be administered by regularly salaried full-time employees of the city except that the removal of vehicles from the property may be by any other duly authorized person. Any such authorized person may enter upon private property for the purposes specified in this section to examine a vehicle, and remove or cause to be removed the vehicle declared to be a nuisance pursuant to this section.

J. Any licensed dismantler or commercial enterprise acquiring vehicles removed pursuant to this section shall be excused from the reporting requirements of Section 11520 of the California Vehicle Code; and any fees and penalties which would otherwise be due the Department of Motor Vehicles are waived; provided that a copy of the resolution or order authorizing disposition of the vehicle is retained in the dismantler’s or commercial enterprise’s business records. (Ord. 37 § 1, 1987; 1987 Code § 7.52.050)