Ventura Municipal Code Art. 3 Abandoned Vehicles 2

2 Cross reference(s): Vehicle and traffic regulations, Title 16.

In addition to and in accordance with the determination made and the authority granted by the state of California under Section 22660 of the Vehicle Code 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 part thereof on private or public property, not including highways, except as expressly hereinafter permitted, is hereby declared to constitute a public nuisance which may be abated as such in accordance with the provisions of this article. (Code 1971, § 4131)

“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 “street.”

“Public property” does not include “highway.”

“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. (Code 1971, § 4132)

A. This article shall not apply to:

1. 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

2. 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, a junk dealer, or when such storage or parking is necessary to the operation of a lawfully conducted business or commercial enterprise.

Provided, however, that nothing in this section shall 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 and this article.

B. Article Not Exclusive. 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. (Code 1971, § 4133)

A. Generally. Except as otherwise provided herein, the provisions of this article shall be administered and enforced by the building official and/or the chief of police. In the enforcement of this article such officials and/or their designated personnel or other duly authorized persons may, to the extent permitted under Vehicle Code Section 22663, enter upon private or public property for the purpose specified in this article to examine a vehicle or part or parts thereof, or to obtain information as to the identity of a vehicle and/or to remove or cause the removal of a vehicle or part thereof declared to be a nuisance pursuant to this article. Pursuant to Vehicle Code Section 22663, this article shall be administered by regularly salaried full-time employees of the city, except that the removal of vehicles or parts thereof from property may be done by any other duly authorized person.

B. Franchise. The council may contract with or grant a franchise to any person or persons to remove or cause the removal of a vehicle or parts thereof declared to be a nuisance pursuant to this article. 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 nuisance pursuant to this article.

C. Administrative Costs. The 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 article). (Code 1971, § 4134)

A. Generally. Unless the property owner and the owner of the vehicle have signed releases authorizing removal and waiving further interest in the vehicle or part or parts thereof, no less than a 10-day notice of intention to abate, remove and dispose of the vehicle, or part or parts thereof, as a public nuisance shall be mailed by registered or certified mail to the owner of the land as shown on the last equalized assessment role and to the last registered and legal owners of record of the vehicle, unless the vehicle is in such condition that identification numbers are not available to determine ownership. Such notice shall include a statement of the hearing rights of the owner of the property on which the vehicle is located and of the owner of the vehicle. Such statement shall include notice to the property owner that the property owner 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 the property owner’s reasons for denial, in lieu of appearing.

If the owner of the land on which the vehicle is located submits a sworn written statement denying responsibility for the presence of the vehicle on their land within 15 days after the mailing of the notice of intention to abate and remove the vehicle, such statement shall be construed as a request for hearing which does not require the presence of the owner submitting such request.

B. Public Hearing. Upon written request by the owner of the vehicle, part or parts, or by the owner of the land upon which said vehicle or part or parts are located, received by the city building official and/or chief of police or designee within 15 days after the mailing of the notice of intention to abate and remove, a public hearing shall be held by the city manager or designated representative on the question of abatement and removal of the vehicle or part or parts thereof as an abandoned, wrecked, dismantled or inoperative vehicle and on the question of the assessment of the administrative costs and the costs of removal of said vehicle or part or parts against the property on which the same are located.

Notice of the hearing shall be mailed at least 10 days before the hearing 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. If any of the foregoing notices are returned undelivered by the United States Post Office, the hearing shall be continued to a date not less than 10 days from the date of such return.

If no request for hearing is received within said 15-day period, no hearing shall be required to remove the vehicle or vehicle part or parts as a public nuisance and to assess the costs thereof, including administrative costs, pursuant to Government Code Section 38773.5.

C. Hearing Procedure. All hearings under this article shall be held before the city manager or designated representative (“hearing officer”), who shall hear all facts and testimony deemed pertinent. Said facts and testimony may include testimony on the condition of the vehicle or part or parts thereof and the circumstances concerning its or their location on the said private property or public property. The hearing officer shall not be limited by the technical rules of evidence. The owner of the land on which the vehicle or part is located may appear in person at the hearing or present a sworn statement in time for consideration at the hearing, and deny responsibility for the presence of the vehicle or part on the land, with the reasons for such denial.

D. Decision. The hearing officer may impose such conditions and take such other action as the officer deems appropriate under the circumstances to carry out the purposes of this article. The hearing officer may delay the time for removal of the vehicle or part thereof if, in the hearing officer’s opinion, the circumstances justify it. At the conclusion of the public hearing, the hearing officer may find that a vehicle or part thereof has been abandoned, wrecked, dismantled, or is inoperative on private or public 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 the cost 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 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 land owner and that the land owner has not subsequently acquiesced in its presence, the hearing officer shall not assess 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 land owner.

If an interested party makes a written presentation to the hearing officer but does not appear, the interested party shall be notified in writing of the decision.

E. Decision Is Final. The decision of the hearing officer shall be final and conclusive. A copy of the hearing officer’s decision shall be mailed by certified or registered 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 by the hearing officer within five working days after the adoption thereof. Pursuant to California Code of Civil Procedure Section 1094.6, any action to review said decision shall be commenced not later than the ninetieth day after the date the hearing officer’s order is issued. (Code 1971, § 4135)

A. Generally. Ten days after adoption of the order declaring the vehicle or parts thereof to be a public nuisance, 10 days from the date of mailing of notice of the decision if such notice is required by Section 8.10.350(D), the vehicles or parts thereof may be disposed of by removal to a scrapyard or automobile dismantler’s yard. 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 Vehicle Code Section 5004, in which case the vehicle may be reconstructed or made operable.

B. Notice of Removal to Department of Motor Vehicles. Within five days after the date of removal of the vehicle 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, the registration card, certificates of ownership, or license plates. (Code 1971, § 4137)

If the administrative costs and the cost of removal which are charged against the owner of a parcel of land pursuant to Section 8.10.350(D) are not paid within 30 days of the date of the order, such costs shall be 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. Said assessment shall have the same priority as other city taxes. (Code 1971, § 4138)

A. Unlawful to Abandon. No person shall 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 private property or public property, not including highways, within the city for a period in excess of five days unless such vehicle or part thereof is completely enclosed within a building in a lawful manner where it is not plainly visible from the street or other public or private property, or unless such vehicle 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 junkyard.

B. Penalty – Failure to Comply With Order. No person shall fail or refuse to remove an abandoned, wrecked, dismantled or inoperative vehicle or part thereof or refuse to abate such nuisance when ordered to do so in accordance with the abatement provisions of this article or state law where such state law is applicable. (Code 1971, § 4139)