Torrance Municipal Code Art. 5 Removal of Abandoned, Wrecked, Dismantled, or Inoperative Vehicles or Parts…

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.

Except as otherwise provided herein, the provisions of this Article shall be administered and enforced by the City Manager or other regularly salaried, full time employee of the City designated by him, except that the removal of vehicles or parts thereof from property may be by any other duly authorized person.

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 streets.

c) The term public property does not include highway.

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, or a junk yard, or when such storage or parking is necessary to the operation of a lawfully conducted business or commercial enterprise; provided, however, that this exception shall not authorize the maintenance of a public or private nuisance as defined under provisions of law other than this Article.

c) A vehicle or part thereof which is located behind a solid fence six (6) feet in height or which is not visible from a highway.

d) A camper body in operative condition.

e) A trailer in such condition as to be legally used on a highway.

f) Nothing in this Section shall regulate 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.

It shall be unlawful and a misdemeanor for any person to abandon, park, store, or leave or permit the abandonment, parking, storing or leaving of any licensed or unlicensed vehicle or part thereof which is in an abandoned, wrecked, dismantled or inoperative condition upon any public or private property, not including highways, within the City after fifteen (15) days written notice to the owner thereof by the City Manager or his representative to remove such abandoned, wrecked, dismantled or inoperative vehicles from public or private property.

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 the administrative costs and the cost of removal of the vehicle or part thereof against the property on which it is located.

Notice of such hearing shall be mailed by the City Manager at least twenty (20) days before the hearing by certified mail, with a five (5) day return requested. The notice shall inform the owner of land and vehicle that the purpose of the hearing is to abate and remove the vehicle or parts thereof as a public nuisance. The owner of land and vehicle shall be informed in the notice that he may appear in person or by counsel or by an agent or may present a sworn written statement denying responsibility for the presence of the vehicle or parts thereof on the land with his reasons for such denial, in lieu of appearing. The notice shall be served on the person or be mailed by registered mail to the owner of the land as shown on the last equalized assessment roll and to the last registered and legal owner of record unless the vehicle is in such condition that identification numbers are not available to determine ownership. If any of the foregoing notices are returned by the United States Post Office undelivered the hearing date shall be continued ten (10) days.

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 twenty (20) days prior to the public hearing.

(Amended by O-2411)

a) All hearings under this Article shall be held before the Environmental Quality 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, the ownership thereof and the circumstances concerning its location on the said public or private property. The Environmental Quality Commission shall not be limited by the technical rules of evidence.

b) The owner of the land on which the vehicle is located may appear in person or by an attorney or agent at the hearing or may present a sworn written statement denying responsibility for the presence of the vehicle or parts thereof on the land, with the reasons for such denial. 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 then no costs of removal or administration shall be assessed against the property upon which the vehicle or parts thereof is located or otherwise attempt to collect such cost from such owner.

c) The Environmental Quality Commission may impose such conditions and take such other action as it deems appropriate under the circumstances to carry out the purpose of this Article. 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 Environmental Quality Commission may find that a vehicle or part thereof has been abandoned, wrecked, dismantled or is inoperative on public or private 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 cost of removal to be charged against the owner of the parcel of land on which the vehicle or part thereof is located, or against the owner of the abandoned, wrecked, dismantled or inoperative vehicle. 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 available at the site.

(Amended by O-2411)

a) Notice of the order of the Environmental Quality Commission with a copy of the order attached thereto shall within ten (10) days of the hearing be served personally or mailed to the owner of the land and vehicle in the manner provided for Notice of Hearing in Section 43.5.7. hereof.

b) If an interested party makes a written presentation to the Environmental Quality Commission but does not appear, he shall be notified in writing of the decision.

(Amended by O-2411; O-2822)

The decision of the Environmental Quality Commission may be appealed pursuant to the provisions of Article 5, Chapter 1, Division 1 of this Code, commencing at Section 11.5.1.

(Amended by O-2411)

Twenty (20) days after notice of the order by the Environmental Quality Commission declaring the vehicle or parts thereof to be a public nuisance, and at least ten (10) days from the date of mailing of notice of the decision as provided in Section 43.5.10. hereof, or fifteen (15) days after such action of the governing body authorizing removal following appeal, the vehicles or parts thereof may be disposed of by removal to a scrapyard or automobile dismantler’s yard or any suitable site operated by the City for processing of scrap or other final disposition. The City may operate such a disposal site when the City Council determines that commercial channels of disposition are not available or are inadequate, and it may make final disposition of such vehicles or parts, or the City may transfer such vehicle or parts to another provided such disposal shall be only as scrap. After a vehicle has been removed it shall not thereafter be reconstructed or made operable.

Any person authorized by the City Manager to administer the provisions of this Chapter may enter upon private property for the purpose specified in this Chapter to examine vehicle or parts thereof, obtain information as to the identity of vehicle and to remove or cause removal of a vehicle or parts thereof declared to be a nuisance pursuant to this Chapter.

When the City Council has contracted with or granted a franchise or contract to any person or persons, such person or persons shall be authorized to remove or cause the removal of a vehicle or parts thereof declared to be a nuisance pursuant to this Article.

(Amended by O-2411)

The Environmental Quality Commission or, if an appeal is taken under Section 43.5.11. hereof, the City Council may assess costs of administration and removal of the vehicle against the property upon which the vehicle or part thereof was located.

The administrative costs of removal of any vehicle or part thereof is hereby fixed at twenty (20) percent of the cost of removal.

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

If the administrative costs and the cost of removal which are charged against the owner of a parcel of land pursuant to Sections 43.5.15. and 43.5.16. are not paid within thirty (30) days of the date of the order, or final disposition of an appeal therefrom, such costs shall be assessed against the parcel of land pursuant to Sections 38773.5 and 25845 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.

Should the money received from the sale of the vehicle or parts thereof be in excess of the cost of removal and administrative costs then the excess thereof shall be forwarded to the Department of Motor Vehicles for disposition as provided in Section 22707 of the Vehicle Code.