Tustin Municipal Code Ch. 5 Abandoned and Inoperative Vehicles

The purpose of this chapter is to abate and remove abandoned, wrecked, dismantled or inoperative vehicles or parts thereof from private or public property as public nuisances by the authority granted by the State under Section 22660 of the Vehicle Code. (Ord. No. 1188, Sec. 2, 1-5-98)

For the purposes of this chapter, the following terms shall be defined as follows:

"Abandoned vehicle" means a vehicle to which possession, including all rights and title, has been relinquished; or a vehicle which has been left upon public or private property for more than seventy-two (72) consecutive hours without the express or impled consent of the owner or person in lawful possession or control of the property.

"Administrative costs" means all costs including but not limited to the actual cost of removing a nuisance vehicle or parts thereof, staff time used to conduct inspections, perform research, prepare notices and letters, prepare documentation, postage, conduct hearings, process appeals, perform collection activities and coordinate towing.

"Day" means a calendar day unless specified otherwise.

"Designee" or "designated officer" means any code enforcement officer or other city staff as designated by the Director of Community Development.

"Dismantled vehicle" means a vehicle which is partly or wholly dismantled in such a way as to render the vehicle unsafe or illegal to operate on any public street.

"Disposition" or "final disposition" means that a vehicle shall be disposed of by removal to a scrap yard, automobile dismantler's yard, or other suitable site for processing as scrap.

"Highway" means a street, way or place of whatever nature, publicly maintained and open to the use of the public for purposes of vehicular travel.

"Inoperative vehicle" means a vehicle which cannot be moved under its own power.

"Property owner" means the owner of land upon which the vehicle is located as shown on the last equalized assessment roll.

"Public property" means parks, squares, plazas, sidewalks, alleys, and all areas dedicated to public use for public purposes but not including highways.

"Public nuisance" means a condition which is offensive, annoying to the senses, detrimental to property values and community appearance, an obstruction to or interference with the comfortable enjoyment of adjacent property, or hazardous or injurious to the health, safety or welfare of the general public.

"Street" means all that area dedicated to private or public use for private or public street purposes and includes, but is not limited to, roadways, parkways, alleys and sidewalks.

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

"Vehicle owner" means the last registered and/or legal owner of the vehicle.

"Wrecked" means any damage sustained to a vehicle which renders it unsafe or illegal to operate on any public street. (Ord. No. 1188, Sec. 2, 1-5-98)

(a) It shall be unlawful for any person to abandon, park, store, or leave any licensed or unlicensed vehicle or parts thereof, which are in an abandoned, wrecked, dismantled or inoperative condition upon any private or public property within the city except as otherwise provided in this chapter.

(b) It shall be unlawful for any property owner to permit the abandonment, parking, storing or leaving of any licensed or unlicensed vehicle or parts thereof, which are in an abandoned, wrecked, dismantled or inoperative condition upon his or her private property within the City except as otherwise provided in this chapter.

(c) It shall be unlawful for any person to fail or refuse to remove an abandoned, wrecked, dismantled or inoperative vehicle or parts thereof or refuse to abate such nuisance when ordered to do so in accordance with this chapter. (Ord. No. 1188, Sec. 2, 1-5-98)

This chapter shall not apply to a vehicle or parts thereof which are:

(a) Completely enclosed within a building in a lawful manner where it is not visible from a street or other public or private property;

(b) Enclosed within a solid, view-obscuring fence not less than six (6) feet in height and is not plainly visible from a street, public property, and private property when effectively screened from view.

(c) Stored or parked in a lawful manner on private property in connection with the business of a licensed dismantler, licensed vehicle dealer, a junk yard, or when such storage or parking is necessary to the operation of a lawfully conducted business or commercial enterprise. (Ord. No. 1188, Sec. 2, 1-5-98)

Except as otherwise provided herein, the provisions of this chapter shall be administered and enforced by the Director of Community Development or designated officers. In the enforcement of this chapter such officers may enter upon private or public property to examine a vehicle or parts thereof or obtain information as to the identity of a vehicle and to remove or cause the removal of a vehicle or parts thereof after compliance with sections 4506 through 4510 of this chapter. Prior to entering enclosed private property, enforcement officers shall attempt to obtain the property owner's consent. If consent to enter enclosed private property for purposes of this section has been sought and refused, or facts and circumstances exist to justify a failure to seek such consent, an inspection warrant shall be obtained pursuant to the Code of Civil Procedure. (Ord. No. 1188, Sec. 2, 1-5-98)

(a) A ten (10) day notice of intention to abate and remove the vehicle or parts thereof as a public nuisance shall be sent, by registered and/or certified mail, to the property owner and to the vehicle owner, unless the vehicle is in such a condition that identification numbers are not available to determine ownership.

(b) The ten (10) day notice of intention to abate shall contain a statement of the hearing rights of the property owner and the vehicle owner. The statement shall include notice that the property owner may appear in person at the hearing or may submit a sworn written statement denying responsibility for the presence of the vehicle upon the subject property, with the reasons for such denial.

(c) A ten (10) day notice of intention to abate is not required if:

(1) The property owner and the vehicle owner have signed releases authorizing removal and waiving further interest in the vehicle or parts thereof.

(2) All of the following apply:

a. The inoperable vehicles or parts thereof are located on property which is zoned for agricultural use or is not developed with a residence;

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

c. The vehicle or parts thereof is valued at less than two hundred dollars ($200.00) by the investigating officer;

d. The investigating officer has determined that the vehicle or parts thereof is a public nuisance presenting an immediate threat to public health or safety;

e. The property owner has signed a release authorizing removal and waiving further interest in the vehicle or part thereof.

(3) The motor vehicle is parked, resting or otherwise immobilized on any public property and lacks an engine, transmission, wheels, tires, doors, windshield, or any other part or equipment necessary to operate safely.

(d) Prior to final disposition of such a vehicle or parts thereof, the City shall provide notification by registered and/or certified mail to the registered and legal owner of the vehicle owner of intent to dispose of the vehicle or parts. If the vehicle or parts thereof are not claimed and removed from the scrap yard, automobile dismantler's yard or public disposal area within twelve (12) days after the notice is mailed, final disposition may proceed. (Ord. No. 1188, Sec. 2, 1-5-98)

(a) If a request for hearing is received from the property owner or vehicle owner within ten (10) days after mailing the notice of intention to abate, the City shall hold an administrative hearing on the question of abatement and removal of the vehicle or parts thereof and assessment of costs. A sworn written statement from the property owner denying responsibility for the presence of the vehicle on the subject property, shall serve as a request for hearing which does not require the presence of the property owner. If a request for hearing is not received within ten (10) days after mailing the notice, the City shall have the authority to abate and remove the vehicle or parts thereof as a public nuisance without holding a hearing.

(b) If a timely request for hearing is received the City shall provide notice of the hearing by registered or certified mail to the property owner and the vehicle owner, if identifiable, at least ten (10) days before the hearing. The owner of the vehicle shall be provided similar notice, unless the vehicle is in such condition that identification numbers are not available to determine ownership. (Ord. No. 1188, Sec. 2, 1-5-98)

(a) The Community Development Director or designee shall act as the hearing officer for all administrative hearings under this chapter. The hearing officer shall hear all pertinent facts and testimony which may include information on the condition of the vehicle or parts thereof and the circumstances concerning its location on the private or public property. The hearing officer shall not be limited by the technical rules of evidence.

(b) The hearing officer may impose such conditions and take such other action as deemed appropriate under the circumstances to carry out the purpose of this chapter, including delaying the time for removal of the vehicle or parts thereof if justified by the circumstances. At the conclusion of the hearing, the hearing officer may order the vehicle or parts thereof removed from the property as a public nuisance and disposed of as provided by the California Vehicle Code. The order requiring removal shall include a description of the vehicle or parts thereof and the correct identification number and license plate number of the vehicle, if available.

(c) If an interest party makes a written presentation to the hearing officer but does not appear, written notification of the decision of the hearing officer shall be provided to the interested party within five (5) days following the decision.

(d) The hearing officer may impose a requirement that the land be posted with signs in such size and number to be determined by the hearing officer prohibiting dumping of vehicles or other material or trespassing on said land. Failure of the property owner to obey an order to post signs shall result in the liability of said property owner for the cost of removal of any vehicles found abandoned on said land after thirty (30) days from the date of any order in writing rendered by the hearing officer requiring the posting of said signs.

(Ord. No. 1188, Sec. 2, 1-5-98)

Any person may appeal any decision of the Director of Community Development in accordance with Section 9294 of this Code.

(Ord. No. 1188, Sec. 2, 1-5-98; Ord. No. 1366, Sec. 11, 11-17-09)

Charges shall be assessed based on the actual amount of administrative time expended and any cost of materials.

City personnel or any private contractor authorized to abate the nuisance vehicle shall keep an account of the cost, including incidental and administrative expenses, of abating the nuisance vehicle(s) on each separate lot or parcel of land where the work is performed and shall include an itemized accounting in writing to be included in the case file. The term "incidental and administrative expenses" shall include, but not be limited to, the actual expenses and costs of the City, including labor and material, in the preparation of notices, performing inspections, gathering property and vehicle owner information, time and materials expended in conducting an initial hearing or a hearing on appeal to the City Council, cost of legal fees expended in obtaining an inspection warrant or prosecuting a case through the City Attorney's office, costs for film processing, costs for towing, the costs of copying, printing and mailing.

(a) All administrative costs and the cost of removal of the vehicle may be charged against the property owner unless an administrative hearing is held, and it is determined that the vehicle was placed on the land without the consent of the property owner and the property owner has not subsequently acquiesced to its presence, or with the consent of the property owner but subsequently abandoned without the consent of the property owner.

If the administrative costs and the cost of removal which are charged against the property owner are not paid within thirty (30) days of the date of the order, or the final disposition of an appeal, whichever is later, such costs may be sent to a collection agency, to the City Attorney for necessary legal action, or 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. An assessment on the property shall have the same priority as other taxes.

(b) If the hearing officer determines that the property owner is not responsible for administrative costs and the cost of removal, said costs may be billed to the vehicle owner.

If the administrative costs and cost of removal of the vehicle are charged against the vehicle owner, a bill covering the charges shall be sent to the vehicle owner by the City Finance Director. If the bill is not paid within thirty (30) days after mailing, or the final disposition of an appeal, whichever is later, it may be transmitted to a collection agency or to the City Attorney for necessary legal action.

(Ord. No. 1188, Sec. 2, 1-5-98)

(a) An order for abatement and removal of a vehicle shall include a description of the vehicle or parts thereof and the correct identification number and license plate number, if available.

(b) The City may have the vehicle or parts thereof disposed of by removal to a scrap yard, automobile dismantler or suitable site for processing as scrap upon the last occurrence of the following:

(1) Immediately upon the expiration of the ten-day notice of intention to abate, provided there is no request for a hearing; or

(2) Five (5) business days after mailing of notice of an order to abate as determined at the administrative hearing, provided there is no appeal; or

(3) Immediately upon a ruling by the City Council to proceed with the abatement.

(c) 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.

(Ord. No. 1188, Sec. 2, 1-5-98)

(a) Prior to the removal of any abandoned vehicle, the City shall give written notice to the nearest office of the California Highway Patrol of the identity of the vehicle and its location.

(b) Within five (5) days after removal of the vehicle, the City shall give written notice to the Department of Motor Vehicles identifying the vehicle or parts thereof and any evidence of registration including but not limited to license plates and registration and ownership certificates.

(Ord. No. 1188, Sec. 2, 1-5-98)

This chapter is not the exclusive regulation of abandoned, wrecked, dismantled or inoperative vehicles within the City of Tustin. It shall supplement and be in addition to other regulatory codes, statutes and ordinances enacted by the City of Tustin, the State or any other legal entity or agency having jurisdiction.

If the City Council or Police Department has contracted with or granted a franchise to any person or persons to perform such services, 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 public nuisance pursuant to this Chapter.

(Ord. No. 1188, Sec. 2, 1-5-98)

Neither the City nor any contractor thereof shall be liable for damage caused to a vehicle or parts thereof by removal pursuant to this Chapter.

(Ord. No. 1188, Sec. 2, 1-5-98)