Victorville Municipal Code Ch. 13.40 Abandoned Automobiles

The accumulation and storage of abandoned, wrecked, dismantled or inoperative vehicles or parts thereof on private or public property, not including highways, is 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 declared to constitute a public nuisance which may be abated as such in accordance with the provisions of this chapter.

(Ord. 177 (part), 1968: prior code § 4200)

For the purpose of this chapter, the following words and terms shall have the designated meaning unless it is clear from the text that a different meaning is intended:

(1) "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";

(2) "Public property" means any real property within the city which is publicly owned or maintained but does not include a street or highway;

(3) "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.

(Ord. 177 (part), 1968: prior code § 4201)

In the event that the city incurs attorney's fees to enforce the provisions of this chapter, attorney's fees shall be imposed on the land owner. As used in this section, "attorney's fees" means the full and actual cost of any legal services actually performed in connection with the enforcement of this chapter, calculated on the basis of the usual fees charged by the attorneys performing such services, and shall not be limited to "reasonable attorney's fees" as defined in any statute or rule of court.

(Ord. 1527 § 1, 1991)

This chapter shall not apply to:

(1) A vehicle or part thereof which is completely enclosed within a building or on property enclosed by a six-foot wall or solid six-foot fence in good repair wherein such vehicle or part is not plainly visible from the street or other public or private property, in a lawful manner; 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.

Nothing in this chapter 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 chapter.

(Ord. 802 § 11, 1982; Ord. 177 (part), 1968: prior code § 4202)

This chapter 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.

(Ord. 177 (part), 1968: prior code § 4203)

Any member of the California Highway Patrol or any regularly employed and salaried deputy sheriff or other employee of the city designated to perform the function set forth in this section by the city may remove or cause to be removed:

(1) Any vehicle that has been parked or left standing upon a street or highway for seventy-two or more consecutive hours. In the event such vehicle is located in a residential area, it shall be ticketed twenty-four hours prior to its removal in order to provide the owner an opportunity to have the vehicle removed himself;

(2) Any vehicle which is parked or left standing upon a street or highway between designated hours when such parking or standing is prohibited by ordinance or resolution and signs are posted giving notice of such removal;

(3) Any vehicle which is parked or left standing upon a street or highway where the use of such street or highway or a portion thereof is necessary for the cleaning, repair or construction of the street or highway or for the installation of underground utilities or where the use of the street or highway or any portion thereof is authorized for a purpose other than the normal flow of traffic or where the use of the street or highway or any portion thereof is necessary for the movement of equipment, articles or structures of unusual size, and the parking of such vehicle would prohibit or interfere with such use or movement; provided, that signs giving notice that such vehicle may be removed are erected or placed at least twenty-four hours prior to the removal.

(Ord. 1193 § 2, 1988)

(a) The purpose and intent of this section is to establish procedures pursuant to Sections 22660 to 22663 of the 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.

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

(1) Not less than ten 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 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.

(2) 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. This request shall be made to the city manager within ten days after the mailing of the notice of intention to abate and remove the vehicle. If such a request is not received within such period, then an order may be issued by the city manager, authorizing removal of the vehicle.

(3) The owner of the land on which the vehicle is located may appear in person at the hearing. Instead of making an appearance, a sworn written statement may be presented in time for consideration at the hearing, denying responsibility for the presence of the vehicle on the land, with reasons for such denial. This statement shall be construed as a request for a hearing which does not require the presence of the owner submitting the request. This statement shall not be construed as determinative, but rather shall be regarded by the city manager as one factor for consideration at the hearing. If it is on the land without the consent of the landowner and that the landowner has not subsequently 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 or collected from the landowner.

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

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

(6) The public hearing conducted pursuant to this section shall be held by the city manager or his designated representative. After the public hearing is held pursuant to this section, the city manager or his designated representative may issue an order authorizing removal of the vehicle. After the city manager or representative issues an order authorizing removal of the vehicle pursuant to this subdivision or subdivision (2) of this subsection, the vehicle may be disposed of by removal to a scrapyard, automobile dismantler's yard, or any suitable site for processing as scrap, or other final disposition consistent with subdivision (4) of this subsection.

(7) 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, certificates of ownership, or license plates.

(8) 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.

(9) Provisions of this section 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 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 or part thereof and remove or cause to be removed the vehicle or part thereof declared to be a public nuisance pursuant to this section.

(Ord. 1193 § 3, 1988)

The owner of any vehicle towed away under the direction of the police department and/or city code enforcement officers pursuant to California Vehicle Code 22651(h), 22651(k), 22651(o), or 22651(p), shall be required to pay an administrative fee as established pursuant to a resolution of the city council, prior to the release of said owner's vehicle.

(Ord. 1676 § 1, 1993)

Except as otherwise provided in this chapter, the provisions of this chapter shall be administered and enforced by the commander of the Victorville sheriff's substation. In the enforcement of this chapter such officer and his deputies 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 part thereof declared to be a nuisance pursuant to this chapter.

(Ord. 177 (part), 1968: prior code § 4204)

When the city council has designated certain licensed dismantlers, towing services or junk dealers to remove such vehicles or parts, 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 chapter.

(Ord. 177 (part), 1968: prior code § 4205)

If it is determined in accordance with Section 13.40.060 that the person responsible for maintenance of a vehicle as a public nuisance is the owner of the land, the city shall remove the vehicle or pay for its removal and prepare a report of the proceedings and an account of the cost on each separate property to be filed with the city clerk. The city shall then bill the owner of the land by mail for the cost of removal and disposal of the vehicle and for any administrative costs. The bill shall apprise the property owner that failure to pay the bill will result in a lien upon the property.

(Ord. 1193 § 4, 1988)

The city council may 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.

(Ord. 177 (part), 1968: prior code § 4206)

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 hearing shall be mailed at least ten days before the hearing by certified mail, with a five day return requested, to the owner of the land as shown on the last equalized county 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 undelivered by the United States Post Office, the hearing shall be continued to a date not less than ten days from the date of such return.

(Ord. 177 (part), 1968: prior code § 4207)

Where the full amount due the city is not paid by such owner within thirty days after the date of billing, the city clerk shall set the report and account for hearing by the city council at the first regular or adjourned regular meeting which will be held at least seven calendar days after such thirty-day period has expired. The city clerk shall post a copy of such report and account and a notice of the time and place of hearing in a conspicuous place at or near the entrance of the council chambers.

(Ord. 119 § 5, 1988)

Notice of hearing shall also be given to the California Highway Patrol, Victorville Station, identifying the vehicle or part thereof proposed for removal, such notice to be mailed at least ten days prior to the public hearing.

(Ord. 177 (part), 1968: prior code § 4208)

All hearings under this chapter shall be held before the city manager, who shall hear all facts and testimony he deems pertinent. Said facts and testimony may include testimony on the condition of the vehicle or part thereof and the circumstances concerning its location on the said private property or public property. The city manager shall not be limited to the technical rules of evidence. 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 reasons for such denial.

(Ord. 177 (part), 1968: prior code § 4209 (A))

The city manager may impose such conditions and take such other action as he deems appropriate under the circumstances to carry out the purpose of this chapter. He may delay the time for removal of the vehicle or part thereof if, in his opinion, the circumstances justify it. At the conclusion of the public hearing, the city manager 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 provided in Section 13.40.150 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.

(Ord. 177 (part), 1968: prior code § 4209 (B))

If it is determined at the hearing that the vehicle was placed on the land without the consent of the land owner and that he has not subsequently acquiesced in its presence, the city manager 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.

(Ord. 177 (part), 1968: prior code § 4109 (C))

The city council shall consider the report and accounting at the time set for hearing, together with any objections or protests by interested parties. Any owner of land or person affected by the proposed charge may present a written or oral protest or objection to the report and account. At the conclusion of the hearing, the city council shall either approve the report and account as submitted, or as modified or corrected by the city council. The decision of the city council on the report and the charge, and on all protests or objections, shall be final and conclusive. The amounts so approved shall be charged to the property owner on the next regular tax bill, and shall be a lien upon the property involved. The city council shall confirm such assessment and cause the same to be recorded on the assessment roll, and thereafter such assessment shall constitute a special assessment against and a lien upon the property. The city council shall adopt a resolution assessing such amounts as liens upon the respective parcels of land as they are shown upon the last available assessment roll.

(Ord. 1193 § 6, 1988)

All such assessments remaining unpaid after thirty days from the date of confirmation of the assessment by the city council shall become delinquent and shall bear interest at the rate of seven percent per year from and after such date.

(Ord. 1193 § 7, 1988)

Said assessments shall be levied in accordance with the provisions of Title 4, Division 3, Chapter 10, Section 38773.5 of the Government Code, and Division 11, Chapter 10, Section 22660 of the Vehicle Code.

(Ord. 1193 § 8, 1988)

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

(Ord. 177 (part), 1968: prior code § 4109 (D))

(a) Any interested party may appeal the decision of the city manager by filing a written notice of appeal with the city manager within five days after his decision.

(b) Such appeal shall be heard by the city council, which may affirm, amend or reverse the order or take other action deemed appropriate.

(c) The clerk shall give written notice of the time and place of the hearing to the appellant and those persons specified in Section 13.40.080.

(d) In conducting the hearing, the city council shall not be limited by the technical rules of evidence.

(Ord. 177 (part), 1968: prior code § 4210)

Five days after adoption of the order declaring the vehicle or parts thereof to be a public nuisance, five days from the date of mailing of notice of the decision if such notice is required by Section 13.40.130, or fifteen 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. After a vehicle has been removed it shall not thereafter be reconstructed or made operable.

(Ord. 177 (part), 1968: prior code § 4211)

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 registration certificates, certificates of title and license plates.

(Ord. 177 (part), 1968: prior code § 4212)

If the administrative costs and the cost of removal which are charged against the owner of a parcel of land pursuant to Section 13.40.120 are not paid within thirty days of the date of the order, or the final disposition of an appeal therefrom, such costs may be assessed against the parcel of land pursuant to Section 38773.5 of the Government Code and may be transmitted to the tax collector for collection. Said assessment shall have the same priority as other city taxes.

(Ord. 2216 § 1 (part), 2007: Ord. 177 (part), 1968: prior code § 4213)

It is 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 private property or public property, not including highways, within the city for a period in excess of fifteen days unless such vehicle or part thereof is completely enclosed within a building or property enclosed by a six-foot wall or solid six-foot fence in good repair wherein such vehicle or part is not plainly visible from the street or other public or private property, in a lawful manner, 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.

(Ord. 802 § 12, 1982: Ord. 177 (part), 1968: prior code § 4214)

It is unlawful and a misdemeanor for any person to 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 chapter or state law where such state law is applicable.

(Ord. 177 (part), 1968: prior code § 4215)