Chapter 10.16 — TRANSPORTATION DEMAND MANAGEMENT

Editor's Note: Prior ordinance history – Ord. 361 and prior code §§ 32100—32113.

This chapter shall be known as the West Hollywood "Transportation Demand Management Ordinance."

(Ord. 18-1034 § 11, 2018)

The purpose of this chapter is to:

• a. Implement Goal M-6 of the General Plan Mobility Chapter;

• b. Comply with the Congestion Management Program (CMP), which requires that local jurisdictions adopt a trip reduction ordinance;

• c. Encourage land use patterns and resource allocations which are conducive to travel behavior that is not dependent on the automobile;

• d. Provide for a diversity of transportation options reflective of the needs and goals of the city;

• e. Promote sustainable travel modes by requiring certain developments to incorporate design features, incentives, and measures to support transit, shared rides, walking, and biking for residents, tenants, employees, and visitors;

• f. Increase average vehicle ridership and reduce the city's vehicle miles travelled associated with travel from, to, and within the city;

• g. Reduce the emission of air pollutants generated by automobiles and to assist in the attainment of the ambient air quality standards of the Federal Clean Air Act, and to comply with the Air Quality Management Plan and the Congestion Management Program, and thereby protect the public health and welfare.

• (Ord. 18-1034 § 11, 2018)

As used in this chapter:

"Average vehicle ridership" or "AVR" shall mean the total number of people that arrived at a site on the given day of observation, divided by the number of vehicles trips into or out of the site during the defined peak period of 6:00 a.m. to 10:00 a.m. in the morning and 3:00 p.m. to 7:00 p.m. in the evening.

"Department" shall mean the City of West Hollywood Department of Public Works.

"Development" shall mean any construction activity, including the erection or alteration of structures. New development is any construction, or alteration of an existing structure or land use, or establishment of a land use.

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City of West Hollywood, CA

VEHICLES AND TRAFFIC

§ 10.16.030

§ 10.16.040

"Director" shall mean the City of West Hollywood Director of Public Works or their designated appointee.

"Employee" shall mean one who is assigned to the designated work site. An employee is one who works in the service of an employer for either wages or salary, as a contract employee under the direction of the work site employer or through a temporary service agency during a period of more than ninety continuous days.

"Employer" shall mean any person or persons, firm, business, educational institution, government agency, nonprofit agency or corporation, or other entity having employees at a worksite in the City of West Hollywood.

"Entity" shall mean any person or persons, firm, business, education institution, government agency, nonprofit agency or corporation, developer, or property owner within the City of West Hollywood that is subject to this ordinance.

"Ridesharing" shall mean the use of a private vehicle to facilitate pre-arranged rides between residents, visitors, or employees within similar trip origins and destinations. Rideshare can be facilitated through a trip coordinator or with web or mobile-based applications.

"Site" shall mean any development that includes residential units, retail uses, commercial uses, or office space, or any place of employment.

"Strategies" shall mean any mechanism or concession that motivates or encourages activity related to sustainable transportation goals.

"Transportation Demand Management (TDM)" shall mean the implementation of strategies that will encourage individuals to increase the use of sustainable transportation options, reduce trip length, eliminate the trip altogether, or travel at another time other than peak periods.

"Transportation Demand Management (TDM) Menu of Trip Reduction Strategies" shall refer to the document that includes a list and details of each trip reduction strategy that may be selected for the TDM Plan, adopted by the City Council on file with the Department of Public Works.

"Trip reduction" shall mean a reduction of the number of trips taken during defined peak travel hours in single-occupancy vehicles. (Ord. 18-1034 § 11, 2018)

This chapter shall apply to the following:

• a. Commercial or mixed use development that meets the following criteria:

  1. A new structure containing five thousand square feet or more of commercial floor area;

  2. Any major remodel to any existing structure where the completed structure contains five thousand square feet or more of commercial floor area;

  3. An addition of five thousand square feet or more of commercial floor area to any structure.

• b. New residential structures with ten or more dwelling units;

• c. Employers with ten or more employees.

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City of West Hollywood, CA

WEST HOLLYWOOD CODE

§ 10.16.040

§ 10.16.050

• (Ord. 18-1034 § 11, 2018)

• a. Commercial or Mixed Use Development . Commercial or mixed use development that meet the thresholds of Section 10.16.040(a) have the following TDM program requirements:

  1. TDM Marketing. Implement the requirements for TDM marketing, as outlined in Section 10.16.070;

  2. TDM Plan and Required Trip Reduction Strategies. Submit a TDM plan with the contents outlined in Section 10.16.060(a), that provides a minimum number of trip reduction strategies as follows:

     • A. Commercial or mixed use structures with a total of ten thousand square feet or less of floor area: four strategies,

     • B. Commercial or mixed use structures with a total of more than ten thousand square feet of floor area: eight strategies;

  3. AVR Goal. Employ best efforts to implement TDM strategies determined in TDM plan to achieve the commercial only AVR goal of 1.5;

  4. TDM Survey. Conduct the annual TDM survey, as outlined in Section 10.16.080, provided by and submitted to the Director, which calculates estimated AVR;

  5. Submit a Commercial and Mixed Use Development Annual Report, as further outlined in Section 10.16.080;

  6. Maintain TDM records in accordance with Section 10.16.110.

• b. Residential Development . Residential development that meet the threshold of Section 10.16.040(b) have the following TDM program requirements:

  1. TDM Marketing. Implement the requirements for TDM marketing, as outlined in Section 10.16.070;

  2. TDM Plan and Required Trip Reduction Strategies. Submit a TDM plan with the contents outlined in Section 10.16.060(a), that provides a minimum number of trip reduction strategies as follows:

     • A. Residential structures with ten to nineteen units: three strategies,

     • B. Residential structures with twenty or more units: five strategies;

  3. TDM Survey. Conduct annual TDM survey, as outlined in Section 10.16.080, provided by and submitted to the Director;

  4. Submit a residential annual compliance report, as further outlined in Section 10.16.100;

  5. Maintain TDM records in accordance with Section 10.16.110.

• c. Employers with Ten or More Employees . Employers with ten or more employees shall be required to provide the following:

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City of West Hollywood, CA

VEHICLES AND TRAFFIC

§ 10.16.050

§ 10.16.060

1. TDM Marketing. Implement the requirements for TDM marketing, as outlined in Section 10.16.070;

2. TDM Survey. Conduct the annual TDM survey, as outlined in Section 10.16.080, provided by and submitted to the Director.

• d. Employers with Two Hundred Fifty or More Employees . All employers with two hundred fifty or more employees shall comply with the South Coast Air Quality Management District (AQMD), Rule 2202, On-Road Motor Vehicle Mitigation Options, Employee Commute Reduction Program Guidelines, as may be amended from time to time, and shall provide the city with verification of this compliance on an annual basis.

• (Ord. 18-1034 § 11, 2018)

• a. TDM Plan Contents . A TDM plan shall include each of the following:

  1. Responsible Party. The name of a representative who is responsible for implementation of the plan. The TDM plan must be signed by persons with authority to legally bind each entity for which it is submitted.

  2. A statement describing the number of trip reduction strategies required to provide, as stated in Section 10.16.050.

  3. An inventory of trip reduction strategies to be implemented from the TDM Menu of Trip Reduction Strategies.

  4. A schedule for implementation of the trip reduction strategies, if applicable.

  5. A statement acknowledging the requirements of this chapter and committing to implement the plan signed on behalf of each entity for which the plan is submitted.

  6. Submittal of TDM fee appropriate for the entity as described in Section 10.16.130.

  7. Narrative of compliance with TDM marketing requirement, as further regulated by Section 10.16.070.

• b. Condition of Approval . The provision of a TDM plan shall be incorporated as a condition of approval for all applicable development permits issued under Title 19, Zoning Ordinance.

• c. The TDM plan may be approved or denied by the Director. The Director shall provide a determination in writing, and if denied, provide a reason for denial.

• d. The TDM plan shall be approved, with or without conditions, only if the Director, or reviewing body, first finds that:

  1. For commercial and mixed use development, the TDM plan is appropriate for the types of uses on the site, and will help achieve the AVR goal.

  2. For residential development, the TDM plan meets the required number of trip reduction strategies and can be implemented in a residential building.

• e. The TDM plan shall be approved prior to issuance of a certificate of occupancy or final

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City of West Hollywood, CA § 10.16.060

WEST HOLLYWOOD CODE

§ 10.16.080

building inspection sign-off, as applicable. Any physical improvements shall be constructed prior to issuance of certificate of occupancy or final building inspection signoff, as applicable. Operational strategies shall be implemented upon occupation of the subject structure, or as approved in the TDM plan.

• f. Decisions of the Director may be appealed in compliance with Section 10.16.150. (Ord. 18-1034 § 11, 2018)

All entities required to provide TDM marketing shall provide the following:

• a. External website, when in existence, shall include transit and non-auto directions when driving instructions provided.

• b. On-Site Transportation Information . On-site transportation information shall be located where the greatest number of visitors, employees, and residents are likely to see it, and may be necessary in multiple locations to accommodate larger entities. This information can be provided in an on-site physical location, such as a bulletin board or kiosk, or through other media, such as on a website or other digital means. The Director will provide access to promotional materials, events, and technical assistance regarding transportation options that may be utilized to satisfy this requirement. Employers required to meet the TDM marketing requirement may receive credit for the on-site transportation information if the building has information posted in a place utilized regularly by employees and visitors, if applicable. The information shall include, but is not limited to, the following:

  1. Current maps, routes and schedules for public transit routes within a one-half mile of the site;

  2. Information including regional ridesharing agency, local transit operators, and city transportation resources;

  3. Ridesharing promotional material supplied by commuter-oriented organizations;

  4. Bicycle route and facility information, including bike share hubs, regional/local bicycle maps, and rental and sales locations within one-half mile of the site;

  5. A listing of facilities available for carpoolers, vanpoolers, bicyclists, transit riders and pedestrians at the site;

  6. Walking and biking maps for employees and visitors, which shall include, but not be limited to, information about convenient local services and amenities within walking distance of the development.

• (Ord. 18-1034 § 11, 2018)

The Director is authorized to publish an annual TDM survey, and entities required to participate in the survey shall provide a minimum of eighty percent response rate within sixty days of annual survey publication. The responsible party, as outlined in the TDM plan, is responsible for distributing the survey to individuals on-site and ensuring compliance with response rates. Surveys are required for the TDM annual reports, and are necessary in order for the city to track the efficacy of this chapter.

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City of West Hollywood, CA

VEHICLES AND TRAFFIC

§ 10.16.080

§ 10.16.110

• (Ord. 18-1034 § 11, 2018)

• a. Development outlined in Section 10.16.040(a) shall be required to submit an annual report, signed under penalty of perjury by persons with authority to legally bind each entity for which it is submitted, to the Director on the anniversary date of a previously submitted plan, or sixty days after the completion of the annual TDM commute survey, whichever is less restrictive, and shall include the following:

  1. The trip reduction strategies implemented; and

  2. Narrative of compliance with TDM Marketing requirements; and

  3. The current AVR as determined by the most recently completed TDM survey; and

  4. If the current AVR does not meet the required AVR goal, the annual report shall provide amended trip reduction strategies which can reasonably be expected to achieve that AVR goal within twelve months.

• b. The annual report shall be submitted for review and approval by the Director. The annual report shall be approved, with or without conditions, only if the Director, or reviewing body, first finds that: The revised trip reduction strategies are appropriate for the types of uses on the site, and will help achieve the AVR goal.

• c. Any plan denied by the Director shall be resubmitted within thirty days of receipt of the notice of denial. If an entity's plan is twice denied, and until such time as a revised plan is submitted and approved, the entity shall be in violation of this chapter.

• d. Any amended strategies shall be implemented within sixty days of annual report approval, or as approved by the Director.

• (Ord. 18-1034 § 11, 2018)

• a. Residential development with an approved TDM plan shall submit an annual compliance report, signed under penalty of perjury by persons identified in the TDM plan, or their successor, with the following information on an annual basis before the anniversary of the approved TDM plan:

  1. The trip reduction strategies implemented; and

  2. Proof of continued maintenance and operation of each trip reduction strategy; and

3. Narrative of compliance with TDM marketing requirements.

(Ord. 18-1034 § 11, 2018)

Entities required to submit a TDM and subsequent annual review shall maintain and preserve, for the life of the development, such records as may be necessary to demonstrate compliance with this chapter and to determine AVR for at least one week per year. Upon request of the Director, an entity shall provide the necessary records to substantiate the most current recorded AVR

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City of West Hollywood, CA § 10.16.110

WEST HOLLYWOOD CODE

§ 10.16.150

calculation and to demonstrate compliance with this chapter. If upon audit of such records, the Director determines the entity has not complied with this chapter, the entity shall file a revised plan or annual report or take such other steps as the Director determines necessary to comply with this chapter within thirty days of receipt of written notice of the Director's determination. (Ord. 18-1034 § 11, 2018)

The Director may adopt any rules or regulations necessary or desirable for the implementation and enforcement of this chapter and the TDM Menu of Trip Reduction Strategies. (Ord. 18-1034 § 11, 2018)

Fees for review of trip reduction plans, assistance and support of city staff, the processing of appeals, and other services pursuant to this chapter shall be established by resolution of the City Council.

(Ord. 18-1034 § 11, 2018)

• a. Any entity which fails to submit an annual report after disapproval by the Director, within the time permitted by this chapter shall be in violation of this chapter.

• b. Any entity shall be in violation of this chapter if it fails to implement any of the provisions of an approved plan. The Director or designee shall have the power to inspect on-site and audit files, upon reasonable notice to the entity. If an entity complies with all provisions of its approved plan, but fails to attain the site's AVR goal, such failure shall not be in violation of this chapter. In this case, the entity will be required to revise the site's TDM plan, with support from the city, to meet AVR goal within the next reporting year.

• (Ord. 18-1034 § 11, 2018)

• a. Director Decisions . Any decision made by the Director in accordance with this chapter may be appealed to the Transportation and Mobility Commission.

• b. Transportation Commission Decisions . Any decision rendered by the Transportation and Mobility Commission may be appealed to the City Council.

• c. Appeal Submittal . Appeals shall be submitted in writing on a city application form, within ten days after the date the decision is rendered by the Director or Commission. The number of days shall be construed as calendar days. Time limits will extend to the following City Hall working day where the last of the specified number of days falls on a weekend, holiday, or other day when City Hall is officially closed. Appeals shall be filed with the City Clerk, and shall be accompanied by the filing fee set by the City's Fee Resolution. The filing fee shall be waived for appeals accompanied by original petitions, signed by a minimum of fifty residents or property or business owners within West Hollywood.

• d. Effect of Filing . The filing of an appeal in compliance with this chapter shall have the effect of suspending the effective date of the decision being appealed, and no further actions or proceedings shall occur in reliance on the decision being appealed except as allowed by the

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City of West Hollywood, CA

VEHICLES AND TRAFFIC

§ 10.16.150

§ 10.16.150

outcome of the appeal.

• e.

Required Statement and Evidence .

1. Applications for appeals shall include a general statement specifying the basis for the appeal and the specific aspect of the decision being appealed.

2. Appeals shall be based upon an error in fact, dispute of findings or inadequacy of conditions, imposition of conditions not necessary to meet AVR goals, or availability of alternatives that could reasonably achieve AVR goals.

3. Appeals shall be accompanied by supporting evidence substantiating the basis for the appeal.

• f. Notice to Applicant . If the appellant is not the responsible party listed in the TDM plan, a copy of the appeal shall be sent to the responsible party, via certified mail, return receipt requested, to the address listed on the application within seven days of its filing.

• g. Report and Scheduling of Hearing . When an appeal has been filed, the Director shall prepare a report on the matter, and schedule the matter for consideration by the appropriate appeal body. All appeals shall be considered in public hearings.

• h. Withdrawal of Appeal . Once filed, an appeal may be withdrawn by a written request submitted to the Director, with the signatures of all persons who filed the appeal.

• i. Action . At the hearing, the appeal body may only consider any issue involving or related to the matter that is the subject of the appeal, in addition to the specific grounds for the appeal, and shall conclude the proceedings with one of the following actions:

  1. Affirmation or Reversal. The appeal body may, by resolution, affirm, affirm in part, or reverse the action that is the subject of the appeal.

2. Additional Conditions. When reviewing an appeal, the appeal body may adopt additional conditions of approval involving or related to the subject matter of the appeal.

   3. Referral. If new or different evidence is presented in the appeal, the Commission or Council, may, but shall not be required to, refer the matter back to the Director or Commission for further consideration. Any new evidence shall relate to the subject of the appeal.

• j. Deadlock Vote .

  1. By Commission. In the event an appeal from an action of the Director results in a deadlock vote by the Commission, the determination, interpreting decision, judgment, or similar action of the Director shall be reinstated, unless appealed to the Council.

  2. By Council. In the event that an appeal from an action of the Commission results in a deadlock vote by the Council, the action of the Commission shall become final.

• k. Judicial Review . If no action seeking judicial review of a decision of the City Council is timely filed, the decision shall be final and any penalty shall be immediately due and payable. The City Council hereby makes Section 1094.6 of the California Code of Civil Procedure applicable to decisions pursuant to this chapter and an action seeking judicial

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City of West Hollywood, CA

WEST HOLLYWOOD CODE

§ 10.16.150

§ 10.16.150

review shall be brought within the time permitted by that section. (Ord. 18-1034 § 11, 2018; Ord. 23-09 § 33, 2023)

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City of West Hollywood, CA

VEHICLES AND TRAFFIC

§ 10.20.010

§ 10.20.040

CHAPTER 10.20 REMOVAL OF ABANDONED VEHICLES

This chapter of the West Hollywood Municipal Code may be cited as the "Abandoned Vehicle Ordinance" of the City of West Hollywood. (Prior code § 41000; Ord. 89-221 § 1, 1989)

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 City 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 parts thereof, on private or public property not including highways, except as expressly hereafter permitted, is hereby declared to constitute a public nuisance which may be abated as such in accordance with the provisions of this chapter. (Prior code § 41001; Ord. 89-221 § 1, 1989)

As used in this chapter, unless the context otherwise clearly indicates, the following words and phrases are defined as follows:

"Abandoned" shall mean the voluntary relinquishment or possession of a vehicle without any intent or affirmative effort on the part of the owner thereof to reclaim it.

"Director of community development" shall mean the Director of Community Development or the person designated in writing by the Director of Community Development to act on such Director's behalf.

"Highway" shall mean 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.

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

"Owner of the vehicle" shall mean that last registered owner and legal owner of record.

"Public property" does not include "highway."

"Vehicle" shall mean a device by which any person or property may be propelled, moved, or drawn upon a highway except a device designed to be moved by human or animal power or used exclusively upon stationary rails or tracks.

(Prior code § 41010; Ord. 89-221 § 1, 1989)

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City of West Hollywood, CA § 10.20.040

WEST HOLLYWOOD CODE

§ 10.20.070

• a. The provisions of this chapter shall apply to abandoned, wrecked, dismantled or inoperative vehicles, or parts thereof.

• b. This chapter shall not apply to:

  1. A vehicle, or parts 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 parts thereof, which is stored or parked in a lawful manner on private property in connection with the business of a licensed dismantler, a junk dealer, or when such storage or parking is necessary to the operation of a lawfully conducted business or commercial enterprise; or

  3. A vehicle or parts thereof which is directly behind a solid fence six feet in height or which is not plainly visible from a highway.

Nothing in this section shall authorize the maintenance of a public or private nuisance as defined under provisions of law or ordinance other than Chapter 10 (commencing with Section 22660) of Division 11 of the Vehicle Code and this chapter.

(Prior code § 41011; Ord. 89-221 § 1, 1989)

Except as otherwise provided herein, the provisions of this chapter shall be administered and enforced by the Director of Community Development.

• a. Upon discovering the existence of an abandoned, wrecked, dismantled, or inoperative vehicle, or parts thereof, on private property or public property within the City of West Hollywood, the Director of Community Development shall have the authority to cause the abatement and removal thereof in accordance with the procedure prescribed herein.

• b. In the enforcement of this chapter, the Director of Community Development or the person(s) designated by the Director of Community Development may enter upon private or public property to examine a vehicle or parts thereof, obtain information as to the identity of a vehicle and to remove or cause the removal of a vehicle or parts thereof declared to be a nuisance pursuant to this chapter.

• c. The Director of Community Development 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 parts thereof) under this chapter.

• (Prior code § 41012; Ord. 89-221 § 1, 1989)

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 vehicle, or parts thereof, which is subject to removal under the provisions of this chapter for a period in excess of ten days. (Prior code § 41013; Ord. 89-221 § 1, 1989)

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City of West Hollywood, CA § 10.20.070

VEHICLES AND TRAFFIC

§ 10.20.090

A ten-day notice of intention to abate and remove the vehicle, or parts thereof, as a public nuisance shall be mailed by registered mail to the owner of the land to the last registered and legal owner of the vehicle, unless the vehicle is in such condition that identification numbers are not available to determine ownership. The notices of intention shall be in substantially the form set out in Section 10.20.150 of this chapter. However, the ten-day notice of intention to abate and remove the vehicle or parts thereof shall not be required if both the property owner and the owner of the vehicle have signed releases authorizing removal and waiving further interest in the vehicle or parts thereof.

The ten-day notice shall not be required for removal of a vehicle or part thereof which is located upon a parcel which is not improved with a residential structure and which is inoperable due to the absence of a motor, transmission, or wheels and incapable of being towed, is valued at less than $200 by a person specified in Vehicle Code Section 22855, and is determined by the Director of Community Development to be a public nuisance presenting an immediate threat to public health or safety, provided that the property owner has signed a release authorizing removal and waiving further interest in the vehicle or part thereof. Prior to final disposition under Section 10.20.120 of such a low-valued vehicle or part for which evidence of registration was recovered, the local agency shall provide notice to the registered and legal owners of intent to dispose of the vehicle or part, and if the vehicle or part is not claimed and removed within twelve days after the notice is mailed, from a location specified in Section 10.20.120, final disposition may proceed. Neither the city nor a contractor thereof shall be liable for damage caused to a vehicle or part thereof by removal pursuant to this paragraph. (Prior code § 41020; Ord. 89-221 § 1, 1989)

If a request by the owner of the vehicle or the owner of the property on which the vehicle is located is received by the Director of Community Development within ten days after the mailing of the notices of intention to abate and remove, a public hearing shall be held by the Director of Community Development on the question of abatement and removal of the vehicle or parts 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 parts thereof against the property on which it is located.

• a. If the owner of the land submits a sworn written statement denying responsibility for the presence of the vehicle on his or her land within such ten-day period, said statement shall be construed as a request for a hearing which does not require his or her presence.

• b. If such a request for hearing is not received within ten days after mailing of the notice of intention to abate and remove, the city shall have the authority to abate and remove the vehicle or parts thereof as a public nuisance without holding a public hearing.

• c. Notice of the hearing shall be mailed, by registered mail, at least ten days before the hearing to the owner of the land and to the owner of the vehicle, unless the vehicle is in such condition that identification numbers are not available to determine ownership.

• (Prior code § 41021; Ord. 89-221 § 1, 1989)

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City of West Hollywood, CA § 10.20.090

WEST HOLLYWOOD CODE

§ 10.20.120

All hearings pursuant to this chapter shall be held before the Director of Community Development who shall hear all facts and testimony such Director deems pertinent. Said facts and testimony may include testimony of the condition of the vehicle or parts thereof and the circumstances concerning its location on the private property or public property. The Director of Community Development shall not be limited by the technical rules of evidence. The owner of the land may appear in person at the hearing or present a sworn written statement in time for consideration at the hearing, and deny responsibility for the presence of the vehicle on the land, with his or her reasons for such denial.

(Prior code § 41022; Ord. 89-221 § 1, 1989)

• a. The Director of Community Development may authorize such action as such Director deems appropriate under the circumstances to carry out the purpose of this chapter. The Director of Community Development may delay the time for removal of the vehicle or parts thereof if, in the Director's opinion, the circumstances justify it. At the conclusion of the public hearing, the Director of Community Development may find that a vehicle or parts 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 costs of removal which are to be charged against the owner of the land. The order requiring removal shall include a description of the vehicle or parts thereof and the correct identification number and license number of the vehicle, if available.

• b. If it is determined at the hearing that the vehicle was placed on the land without the consent of the owner of the land and that the owner of the land has not subsequently acquiesced in its presence, the Director of Community Development shall not assess the 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 the owner of the land.

• c. If an interested party makes a written presentation to the Director of Community Development but does not appear at the hearing, he or she shall be notified in writing of the decision.

(Prior code § 41023; Ord. 89-221 § 1, 1989)

Any interested party may appeal a decision of the Director of Community Development to the City Council by filing a written notice of appeal with the City Clerk within five days after the Director's decision.

(Prior code § 41024; Ord. 89-221 § 1, 1989)

• a. 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 by the Director of Community Development if such notice is required by subsection (c) of Section 10.20.100, or fifteen days after action by the City Council authorizing removal following an appeal, whichever is later, the vehicle or parts thereof may be disposed of by removal to a

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City of West Hollywood, CA

VEHICLES AND TRAFFIC

§ 10.20.120

§ 10.20.150

scrapyard or automobile dismantler's yard, or any suitable site operated by a local authority for processing of scrap.

• b. 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.

• c. When the City Council has contracted with or granted a franchise to any person or persons, such person or persons shall be authorized to enter upon private property to remove or cause the removal of a vehicle or parts thereof declared to be a nuisance pursuant to this chapter.

(Prior code § 41025; Ord. 89-221 § 1, 1989)

Within five days after the date of removal of the vehicle or parts thereof, notice shall be given to the Department of Motor Vehicles identifying the vehicle or part(s) removed. At the same time there shall be transmitted to the Department of Motor Vehicles any evidence of registration including, but not limited to, the registration card, certificates of ownership and license plates. (Prior code § 41026; Ord. 89-221 § 1, 1989)

If the administrative costs and the cost of removal are charged against the owner of land pursuant to Section 10.20.100 and are not paid within thirty days of the date of the order, or the final disposition of an appeal therefrom, 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.

(Prior code § 41027; Ord. 89-221 § 1, 1989)

The notices of intention to abate and remove a vehicle as required in Section 10.20.070 shall be in substantially the following forms:

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

_________________________________________ [Name and address of owner of land]

As owner of the land located at ___________, as shown on the last equalized assessment roll, you are hereby notified that the undersigned has determined that there exists upon said land 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 Chapter 10.20 of the West Hollywood Municipal Code.

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City of West Hollywood, CA § 10.20.150

WEST HOLLYWOOD CODE

§ 10.20.150

You are hereby notified to abate such nuisance by the removal of said vehicle (or said parts of a vehicle) within 10 days from the date of mailing of this notice, and upon your failure to do so the same will be abated and removed by the City of West Hollywood and the costs thereof, together with administrative costs, assessed to you as owner of the land on which said vehicle (or said parts of a vehicle) is located.

You are hereby notified that you may, within 10 days after the mailing of this notice of intention, request a public hearing before the Director of Community Development and if such a request is not received by the Director of Community Development within such 10-day period, the Director of Community Development shall have the authority to abate and remove said vehicle (or said parts of a vehicle) as a public nuisance and assess the costs as aforesaid without a public hearing. You may submit a sworn written statement within such 10-day period denying responsibility for the presence of said vehicle (or said parts of a vehicle) on said land, with your reasons for denial, and such statement shall be considered as a request for hearing at which your presence is not required. You may appear in person at any hearing requested by you or the owner of the vehicle or, in lieu thereof, may present a sworn written statement as aforesaid in time for consideration at such hearing.

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DIRECTOR OF COMMUNITY DEVELOPMENT CITY OF WEST HOLLYWOOD

Notice Mailed: ________________ [date]

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

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[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 has determined that said vehicle (or parts of a vehicle) exists as an abandoned, wrecked, dismantled or inoperative vehicle at [describe location on public or private property] and constitutes a public nuisance pursuant to the provisions of Chapter 10.20 of the West Hollywood Municipal Code.

You are hereby notified to abate such nuisance by the removal of said vehicle (or said parts of a vehicle) within 10 days from the date of mailing of this notice.

As registered (and/or legal) owner of record of said vehicle, you are hereby notified that you may, within 10 days after the mailing of this notice of intention, request a public hearing before the Director of Community Development and if such a request is not received by the Director of Community Development within such 10-day period, the Director of Community Development shall have the authority to abate and remove said vehicle (or said parts of a vehicle) without a hearing.

Once the vehicle has been removed by the City, it shall not be reconstructed or made operative unless it is a vehicle that qualifies for either horseless carriage license plates or historical vehicle license plates.

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City of West Hollywood, CA

VEHICLES AND TRAFFIC

§ 10.20.150

§ 10.20.150

_________________________________________ DIRECTOR OF COMMUNITY DEVELOPMENT CITY OF WEST HOLLYWOOD

Notice Mailed: _______________ [date] Registered Letter Number _____________

(Prior code § 41028; Ord. 89-221 § 1, 1989)

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City of West Hollywood, CA

VEHICLES AND TRAFFIC

§ 10.24.010

§ 10.24.040