§ 19.147

The purpose of this Chapter is to provide for an abatement program for abandoned, wrecked and dismantled vehicles in the City.

For the purpose of this Chapter, unless otherwise apparent from the context, the words and phrases used here shall have the following meanings:

A.

Abandoned. Those vehicles worth $300 or less as determined by the City Manager which permanently have been deserted and relinquished by their owner.

B.

City Manager. The City Manager of the City of Twentynine Palms or his/her designee, authorized by Resolution of the City Council to implement this Chapter.

C.

Dismantled. A vehicle from which parts have been removed so that the vehicle cannot or will not be made operational, including a partially dismantled vehicle and a vehicle without a hood, fenders, tires, body panels, transmission, headlights, trunk lid, wheels, windows windshields or other parts; a dismantled vehicle includes one with its tires removed and placed on blocks.

D.

Highway. A way or place of whatever nature, publicly maintained and open to use of the public for the purpose of vehicular travel. "Highway" shall include street or road easement which is publicly maintained, but does not include private property.

E.

Inoperative. A vehicle which has not been dismantled in any way but reasonably presents the exterior appearance of an otherwise operational vehicle awaiting repair, rebuilding reconditioning or restoration.

F.

Lien Sale. A sale of legal ownership of a vehicle under title or requiring registration under the California Vehicle Code.

G.

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

H.

Owner of the Vehicle. The last registered owner and legal owner of record.

I.

Person. A natural person, firm, partnership, association, or corporation.

J.

Public Property. The property owned and maintained by a public entity but shall not include "highway."

K.

Roadway. That portion of a highway improved, designed or ordinarily used for vehicular travel including improved shoulders.

L.

Right-of-way. The strip of land upon which is constructed a road bed, and shall include the land itself, and the entire width of the easement for such road beds.

M.

Storage/Impound Yard. The premises used for the dismantling or wrecking of vehicles where there is buying, selling or dealing in such vehicles, their integral parts, or component material thereof, and the storage, sale or dumping of dismantled, partially dismantled, wrecked or inoperative vehicles.

N.

Tow Operation. A business which provides towing service for motor vehicles either on public highways or on private property for compensation, which is under contract to the City or holds a franchise with the City to perform such services under this Chapter.

O.

Vehicle. Any device by which persons or cargo may be propelled, moved, or drawn and shall include all types of motorized vehicles whether or not the motor is intact. "Vehicle" specifically includes boats and trailers; "vehicles" also specifically includes vehicle parts.

P.

Wrecked. A destroyed vehicle not useable for parts, distinguished from a dismantled vehicle.

The procedures in this Chapter are not the exclusive means of abatement or regulation of abandoned, wrecked, dismantled or inoperative vehicles in the City. This Chapter shall supplement and be in addition to the other regulatory codes, statutes and ordinances heretofore or hereafter enacted by the County, the state, or any other legal entity or agency having jurisdiction, or any other legal authority available to the City.

19.147.040 - Duty to Abate - Prohibited Uses

A.

Except as set out in Subsection 19.147.050.C, no person shall cause, maintain, permit or otherwise allow an abandoned or wrecked vehicle to remain on such property for more than 15 calendar days. It shall be the duty of the owner, occupant or person in control of such property to remove, abate and prevent retention of such vehicles.

B.

No persons shall cause, maintain, permit or otherwise allow a dismantled vehicle to be stored in a manner not allowed by Section 19.147.050 (Exceptions) of this Chapter. It shall be the duty of the owner, occupant, or person in control of such vehicle or of real property to remove, abate and prevent storage in violation of this Chapter.

C.

Any dismantled vehicle, when placed or kept on real property for more than 15 calendar days in a manner inconsistent with the requirements of Section 19.147.050 (Exceptions), shall be deemed to be an abandoned or wrecked vehicle and to constitute a prohibited use and is a violation of this Chapter, punishable as set out in Section 19.147.130 (Penalty for Violation) hereof.

This Chapter shall not apply to the following:

A.

A vehicle which is inoperative as defined herein; where maintained intact in a clean and safe manner on the property of the owner or person legally in possession of such vehicles and where the property is zoned for the intended use.

B.

Stored Vehicles. A dismantled vehicle or part(s) thereof which is visible from the street or adjoining property may be stored by the owner or person legally in possession thereof where completely covered with a weatherproof, opaque cover or stored within a fenced area and where the property is zoned and approved for such use, as required.

C.

Lawfully Conducted Business. An abandoned or wrecked vehicle thereof may be stored within an enclosure surrounded by a fence which obscures a view of the property in a lawful manner on appropriately zoned private property in connection with the business of a licensed dismantler or licensed vehicle dealer, or when the storage or parking is necessary to the operation of a lawfully conducted business or commercial enterprise.

Notwithstanding the foregoing, nothing in this Section shall authorize the maintenance of a public or private nuisance as defined under other provisions of law.

A.

The City reserves the right to implement a program of towing abandoned, wrecked, dismantled or inoperative vehicles in compliance with this Chapter or other applicable authority.

B.

The City may by Resolution contract or enter into a franchise with a tow operation or other entity as part of such program or to enforce this Chapter and also may authorize the contractor, franchisee or other entity to do so.

C.

The City may establish by Resolution fees for towing and storage under this Chapter.

D.

Except as delegated by Resolution to a contractor, franchisee, or other entity, the provisions of this Chapter will be administered and enforced by the City Manager.

E.

In the enforcement of this Chapter, the City Manager may enter private or public property to investigate, examine, post, serve notices, cite or tow and the tow operator may enter private property to tow as provided herein; provided, however, that they will use reasonable efforts to give reasonable notice thereof to the owner or occupant of inhabited property.

F.

Upon evidence thereof and as set herein, the City Manager may declare wrecked or dismantled vehicles to be abandoned or a public nuisance and may remove or cause their removal under this Chapter or other applicable law.

G.

Determination of Value. The City Manager shall determine the value of any vehicle to be removed and may consult applicable guides or other authority to do so.

Public property notwithstanding any other provision of this Chapter, vehicles which are parked, resting, or otherwise immobilized on a highway or public right-of-way, and which lack an engine, transmission, tires, wheels, tires, doors, windshield or other parts necessary for safe operation, may be removed immediately upon discovery by the City Manager without prior compliance with the notice requirement set out in Section 22851.3 of the Vehicle Code or this Chapter. This section does not apply to private property.

A.

If a member of the public notifies the City of an abandoned, wrecked or dismantled vehicle, the City Manager shall obtain the location of the vehicle and other identifying information and determine if the procedures set out in this Chapter should be implemented.

B.

If the owner of the land requests removal of an abandoned, wrecked or dismantled vehicle from his/her property, and the owner of the land also is the owner of the vehicle, the City or tow operator may remove the vehicle upon payment of a fee by the owner without compliance with the requirements of this Chapter, upon obtaining the owner's written consent thereto.

19.147.090 - Notice of Abandonment of Intention to Abate a Public Nuisance

A.

Determination of Abandonment. Upon determination by the City Manager that a vehicle has been abandoned (including the value thereof), the City Manager or tow operator may proceed to remove the vehicle as a public nuisance in accordance with the procedures set out herein.

B.

Removal of Abatement of Public Nuisance (cost charged to property owner).

1.

Except as set out in Subsection 19.147.090.C, a 10-calendar day notice of intention to abate and remove the vehicle, or parts thereof, as a public nuisance shall be mailed by registered or certified mail to the owner of the land and to the owner of the vehicle, except if the vehicle is in such condition that identification numbers are not available to determine ownership, notice shall be sent only to the owner of the land. No notice of intention need be sent if the property owner and the owner of the vehicle have signed releases authorizing removal and waiving further interest in the vehicle or part thereof.

2.

The notices of intention shall be substantially in the following forms:

"NOTICE OF INTENTION TO ABATE AND REMOVE AN ABANDONED, WRECKED OR DISMANTLED VEHICLE OR PARTS THEREOF AS A PUBLIC NUISANCE" (Name and address of the owner of the land.)

"As owner shown the last equalized assessment role of the land located at (address), you are hereby notified that the undersigned, pursuant to Ordinance No.________ of the City of Twentynine Palms, has determined that there exists upon your property an (or parts of an)

abandoned, wrecked, dismantled or inoperative vehicle registered to , license number, which constitutes a public nuisance pursuant to the provisions of that ordinance.

"You are hereby notified to abate said nuisance by removal of the vehicle (or parts of such vehicle) within ten calendar days from the date of your receipt of this notice, and upon your failure to do so, the same will be abated and removed by the City of Twentynine Palms and the costs thereof, together with administrative costs, assessed to you as owner of the land on which the vehicle (or the parts of a vehicle) is/are located.

said nuisance by removal of the vehicle (or parts of such vehicle) within ten calendar days from the date of your receipt of this notice, and upon your failure to do so, the same will be abated and removed by the City of Twentynine Palms and the costs thereof, together with administrative costs, assessed to you as owner of the land on which the vehicle (or the parts of a vehicle) is/are located.

"As owner of the land on which the vehicle (or parts of a vehicle) is/are located, you are hereby notified that you may, within ten days after receipt of this notice of intention, request a public hearing. If such a request for a public hearing is not received by the City Manager of the City of Twentynine Palms within such ten-calendar day period, the City Manager shall have the authority to abate and remove the vehicle (or parts of a vehicle) as a public nuisance and assess the costs as set out here without a public hearing. You may submit a sworn written statement within such ten-day period denying responsibility for the presence of the vehicle (or the parts of a vehicle) on the land, with your reasons for denial, and such statement shall be construed as a request for a public hearing at which your presence is not required, at which your statement will be used. Alternatively, within such ten-day period you may request a public hearing in writing and then must appear in person to deny responsibility for the presence of the vehicle on your land.

Notice Mailed __________________/s

Date__________________"

"NOTICE OF INTENTION TO ABATE AND REMOVE AN ABANDONED, WRECKED OR DISMANTLED VEHICLE OR PARTS THEREOF AS A PUBLIC NUISANCE"

(Name and address of last registered and/or legal owner of record of vehicle. Notice should be given to both if different.)

"As last registered (and/or legal) owner of record of (description of vehicle: make, model, license, etc.), you are hereby notified that the undersigned, pursuant to Ordinance No. 35 of the City of Twentynine Palms, has determined that the vehicle (or parts of a vehicle) exist(s) as an abandoned, wrecked or dismantled vehicle at (describe location of public or private property) and constitute(s) a public nuisance pursuant to the provisions of that Ordinance.

"You are hereby notified to abate said nuisance by the removal of said vehicle (or said parts of a vehicle) within ten calendar days from the date of receipt of this notice.

"As registered (and/or legal) owner of record of the vehicle (or the parts of a vehicle), you are hereby notified that you may, within ten calendar days after the receipt of this notice of intention, request a public hearing. If such a request is not received by the City Manager of the City of Twentynine Palms within such a ten-day period, the City Manager shall have the authority to abate and remove the vehicle (or parts of a vehicle) without a public hearing.

Notice Mailed __________________/s

Date

___________________"

C.

Prior notice is not required:

1.

For the removal of certain vehicles from private property where they are:

a.

On agricultural or on vacant commercial or industrial property; or

b.

On property zoned for agricultural use or not improved with a residential structure containing one or more dwelling units; and

c.

Abandoned and inoperable due to the absence of a motor, transmission, or wheels and incapable of being towed;

d.

Valued at less than $200.00 by the City Manager;

e.

Determined by the City Manager to be a public nuisance as defined herein, presenting an immediate threat to public health and safety;

f.

Authorized for removal by the property owner who has signed such a release and is waiving further interest in the vehicle or part(s) thereof.

2.

Prior to final disposition of such vehicle or part for which evidence of registration has been recovered from the Department of Motor Vehicles, the City Manager shall provide notice to the registered and legal owners of the vehicle of the City's intent to dispose of the vehicle or its parts. If the vehicle or part is not claimed and removed within 15 calendar days after notice is mailed, final disposition may proceed.

D.

If no written request for a public hearing is received by the City Manager within the time allowed, the City Manager shall have the authority to abate and remove the vehicle without a hearing.

E.

Public Hearing and Procedure.

1.

If within 10 days after receipt of the Notice of Intention to Abate, the owner of land or the owner of the vehicle files with the City Manager a written request for a public hearing, such a public hearing shall be held on the issue of:

a.

Abatement and removal of the vehicle or part thereof as an abandoned, wrecked or dismantled (including the determination of value thereof); and

b.

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.

2.

Notice of such hearing shall be mailed at least 10 days before the hearing by registered or certified mail, with a five-day return requested, 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 as undeliverable by the United States Post Office, the hearing shall be continued to a date not less than 10 days from the date of the return and may then be conducted on the date to which continued whether or not the party attempted to be notified.

3.

Notice of hearing shall also be given to the California Highway Patrol and the Chief of Police of the City, identifying the vehicle or part thereof proposed for removal. Such notice shall be mailed at least 10 days prior to the public hearing.

F.

Hearing Officer. All hearings under this Chapter shall be held before a hearing officer. The City Manager, or his/her designee, shall be the hearing officer or the City.

1.

Hearing Officer - Powers and Duties. The hearing officer shall hear all facts and testimony which he/she deems pertinent. The facts and testimony may include testimony on the condition or value 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, but may consider any evidence upon which a prudent person might rely in arranging his/her own affairs. The owner of the land on which the vehicle is located may appear in person at the hearing or present a written statement in time for consideration at the hearing, and deny responsibility for the presence of the vehicle on the land, with his/her reasons for such denial.

2.

Findings and Determination by the Hearing Officer. The hearing officer may impose such conditions and take such other action as he/she deems appropriate under the circumstances to carry out the purpose of this Chapter. The hearing officer may delay the time for removal of the vehicle or parts thereof if, in his/her opinion, the circumstances justify it. After the conclusion of the public hearing, the hearing officer will issue written findings, and may find that a vehicle or part thereof has been abandoned, wrecked or dismantled, on private or public property. If so, the hearing officer in writing will order it removed from the property as a public nuisance or 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 parcel of land on which the vehicle or part thereof is located. The order requiring removal shall include a description of the vehicle or part thereof and, if reasonably ascertainable, the correct identification number and license number of the vehicle.

The written decision (findings and order) of the hearing officer shall be mailed to all parties to whom notice was given within 10 calendar days of the decision. If an interested person makes written presentation to the hearing officer but does not appear, he/she shall be notified in writing of the decision.

3.

Determining Costs. The hearing officer, after hearing all testimony, may determine that the cost of removal and cost of administration be paid by the owner of the land, the owner of the vehicle, or the City.

4.

Administrative Costs. The City Council shall from time to time determine and fix an amount to be assessed as administrative costs (excluding the actual cost of removal of any vehicle or part thereof) under this Chapter.

G.

Appeal to the City Council. A party or other interested person may appeal the decision of the hearing officer by filing a written notice of appeal with the City Clerk within 10 days after the date of mailing of the decision. The clerk then shall give written notice to the time and place of the hearing to the appellant, owner of the land, owner of the vehicle, and any other interested person receiving the decision.

1.

Decision by Council. The appeal shall be heard by the City Council at a regular or special public meeting. The Council may affirm, amend, or reverse the order of the hearing officer or take such other action as the Council may deem to be appropriate. In conducting the hearing, the City Council shall follow the hearing procedures and exercise the same powers as set forth in this Section for the hearing officer. The decision of the City shall be final.

H.

Removal of Vehicle - Disposal. Ten days from the date of mailing of notice of the decision by the hearing officer (if not appealed) or 15 days after the decision of the City Council authorizing removal following appeal, the vehicle or parts thereof may be disposed of by the City Manager, by removal to a storage or impound yard. After a vehicle has been removed, it shall not thereafter be reconstructed or made operable unless it qualifies for historical or horseless carriage vehicle plates.

1.

Notice to Responsible Agencies. Within five calendar days after the date of removal of the vehicle or parts thereof, notice shall be given to the Department of Motor Vehicles, the California Highway Patrol, and the Chief of Police of the City 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 registration certification, certificates of title and license plates.

2.

Abatement Cost as a Lien. If the administrative costs and the costs of removal, which are charged against the owner of a parcel of land, are not paid within 30 days of the final disposition of any appeal, the costs shall be assessed against the parcel of land under Government Code Section 38773.5 and shall be transmitted to the tax collector/auditor. The lien shall have the same priority as property taxes.

A.

Provided the requirements set out in this Section are met, any City police officer or the City Manager, who has reasonable grounds to believe that a vehicle has been abandoned, may remove the vehicle from a highway or from public or private property.

The vehicle is estimated by the City Manager to have a value at the time of proposed removal of $300 or less.

2.

Not less than 72 hours before the vehicle is removed, the persons causing the removal of the vehicle or his/her agent shall securely attach to the vehicle a distinctive notice in the form attached hereto which states that the vehicle will be removed by the public agency. This requirement shall not apply to vehicles whose estimated value is $100 or less.

3.

Any notices required by Subsection 19.147.100.A(2) hereof shall be substantially in the following form:

NOTICE OF INTENTION TO TOW, ABATE AND REMOVE AN ABANDONED, WRECKED OR DISMANTLED VEHICLE OR PARTS THEREOF AS A PUBLIC NUISANCE

Notice attached to vehicle: date: time:

TO ALL WHOM THIS DOCUMENT MAY COME, you are hereby notified that the undersigned, pursuant to Ordinance No. 35 of the City of Twentynine Palms, has determined that there exists upon the land commonly described as (insert address) an (or parts of an) abandoned, wrecked or dismantled vehicle registered to (insert reg. owner), license number (insert license no.), which constitutes a public nuisance pursuant to the provisions of that chapter.

If you have any interest in the above-described vehicle you are hereby notified to abate said nuisance by removal of the vehicle (or parts of such vehicle) within 72 hours from the date at the top of this notice, and upon your failure to do so, the same will be abated and removed by the City of Twentynine Palms.

This car will be towed away on date unless you contact (name) at (phone)."

19.147.110 - Disposal to Dismantler or Scrap Iron Processor of Vehicles Towed

A.

Notice. Immediately after the removal of the vehicle, the person causing the removal or his/her agent shall:

1.

Notify the stolen vehicle system of the Department of Justice in Sacramento of the removal.

Obtain a copy of the names and addresses of all persons having an interest in the vehicle, if any, from the Department of Motor Vehicles either directly or by use of the California law enforcement telecommunications system.

3.

Within 48 hours of the removal, excluding weekends and holidays, send a notice to the registered legal owners at their addresses on record with the Department of Motor Vehicles, to any other person known to have an interest in the vehicle, and to the tow operator storing the vehicle. Notice shall be sent by certified first class mail. The notice shall include all of the following information and shall be substantially in the form provided in Subsection 19.147.110.A(4) hereof.

a.

Name, address and telephone number of the public agency providing the notice.

b.

The location of the place of storage and description of the vehicle which shall include, if available, the vehicle make, license plate number, vehicle identification number and mileage.

c.

The authority and purpose of the removal of the vehicle.

d.

The statement that the vehicle will be disposed of 15 days from the date of the mailing of the notice.

e.

A statement that the owners and interested persons or their agents have the opportunity for a post-storage hearing before the public agency which removed or caused removal of the vehicle to determine validity of the storage if request for a hearing is made in person, in writing or by telephone within 10 days from the date of the mailing of the notice; that, if the owner or interested person, or his/her agent, disagrees with the decision of the public agency, the decision may be reviewed by an administrative law judge pursuant to Section 11523 of the Government Code; that during the time the decision is being reviewed, pursuant to Section 11523 of the Government Code, the vehicle in question shall not be disposed of.

4.

Any notices required by Subsection 19.147.110.A hereof shall be substantially in the following form:

"NOTICE THAT VEHICLE HAS BEEN TOWED

To: REGISTERED OWNER AND TOW OPERATOR OF TOWED VEHICLE

From: City of Twentynine Palms

6136 Adobe Road

Twentynine Palms, CA 92277

(760) 367-6799

The City of Twentynine Palms has caused the vehicle described below to be towed pursuant to Ordinance 35 of the City Council of the City of Twentynine Palms. The vehicle was removed because its presence constituted a public nuisance.

The vehicle will be destroyed 15 days from the date of the mailing of this notice.

Vehicle location:_____________

Color:_____________

Make:_____________

Model:_____________

License:_____________

Vehicle I.D. Number:_____________

Mileage:_____________

Any owner of the vehicle or person interested who disagrees with the City's action in this matter is entitled to a hearing to determine the validity of the towing and destruction of the car. To get a hearing you must call (name of city person) at (760) 367-6799 within 10 days from the date of this notice was mailed. Any owner or interested person also has the right to petition for a hearing in front of an administrative judge pursuant to Government Code Section 11523. If such petition is filed, the vehicle will not be destroyed until the judge has made a ruling in favor of the City of Twentynine Palms.

B.

Hearing. Any hearing requested under this Subsection shall be conducted within 48 hours of the request, excluding weekends and holidays. Failure of any interested persons to request or to attend a scheduled hearing shall satisfy the post-storage validity hearing requirement of this section.

1.

The City shall be responsible for the costs incurred for towing and storage if it is determined in the hearing that there were reasonable grounds to believe that the vehicle was abandoned.

C.

Disposal of Vehicle. If, after 15 days from the notification date, the vehicle remains unclaimed, the towing and storage fees have not been paid, and no request for a post-storage hearing was received or poststorage hearing was not attended, the City shall provide to the tow operator storing the vehicle, on a form provided by the Department of Motor Vehicles, authorization to dispose of the vehicle. The tow operator may request the public agency to provide the authorization to dispose of the vehicle.

1.

If the names and addresses of the registered and legal owners of the vehicle are not available from the records of the Department of Motor Vehicles, either directly or by use of the California law enforcement telecommunications system, the public agency may issue to the tow operator who stored the vehicle an authorization for disposal at any time after 15 days.

2.

Disposal of the vehicle may only be to a licensed dismantler or scrap iron processor.

3.

A vehicle disposed of pursuant to this Section shall not be reconstructed or made operable, unless it is a vehicle which qualifies for either horseless carriage license plates or historical vehicle license plates.

D.

Payment of Towing Fees. If the vehicle is claimed by the owner or his/her agent within 15 days of the notice date set out in Subsection 19.147.110.A, the tow operator who is storing the vehicle may collect reasonable fees from the vehicle owner from services rendered.

Neither the City, its officers, agents, employees or attorneys shall be liable for any damage caused to a vehicle or parts thereof in removal under this Chapter.

It shall be unlawful and an infraction punishable, as set out in City Ordinance No. 22, for any person to violate the provisions of this Chapter or refuse to abate the nuisance or remove a vehicle or parts thereof when ordered to do so.

Chapter 19.148 - Unclaimed or Abandoned Property