Whittier Municipal Code Ch. 10.56 Abandoned Vehicles

The provisions of this chapter shall govern the abatement and removal of motor vehicles, or parts thereof, which are abandoned, wrecked, dismantled or inoperative. "Motor vehicle," as used in this chapter, shall be defined as set forth in the Vehicle Code of the state.

(Ord. 2292 § 1 (part), 1983: prior code § 8525)

Any motor vehicle or parts thereof (hereinafter "vehicle") which is abandoned, wrecked, dismantled or inoperative, located on any real property, publicly or privately owned, excluding highways, in the city, is declared to be a public nuisance.

A. Abatement. Where the vehicle is found to constitute a public nuisance, by reason of its condition and location, as provided in this chapter, the nuisance shall be abated and the vehicle shall be removed and disposed of as provided in this chapter.

B. Declaration. Whenever the city manager finds that any vehicle is being maintained contrary to the provisions of this chapter by reason of its condition and location, he/she shall give the notice required in this chapter.

(Ord. 2292 § 1 (part), 1983: prior code § 8526)

(Ord. No. 3112, § 2, 2-25-20)

A. Notice. Prior to removal of any such vehicle, the city manager shall give a ten-day notice of his/her intention to abate the nuisance, by removal. The notice shall contain the information required pursuant to Section 22660 et seq. of the Vehicle Code, and shall describe the vehicle involved, and the property whereon it is located, including but not limited to, the identification number and license number thereof, if available. The notice shall be given in the manner prescribed in the Vehicle Code.

B. Request for Hearing. Within ten days after the mailing of the notice, the owner of the lot upon which the vehicle is located, or the owner of the vehicle, may file a written request, as provided in the Vehicle Code, with the city manager, requesting a hearing on the matter. If no such request is made, the city manager shall abate the nuisance as provided in the notice relating thereto.

C. Notice. Notice of the hearing, if requested within the time permitted, to determine whether a vehicle constitutes a public nuisance, shall be given to the owner of the land whereon the vehicle is located, whose name appears, as such, on the last equalized assessment roll, and to the vehicle owner as shown on the last registration of the vehicle, unless the vehicle is in such condition that identification numbers are not available to determine ownership. The notice shall be given by United States Postal Service, certified or registered, with a five-day return requested and postage thereon prepaid. "Owner," as used in this chapter, includes any person in possession of the affected premises, and any person having or claiming to have any legal or equitable interest in the premises, as disclosed by a title search from any accredited title company. The failure of any person to receive the notice shall not affect the validity of any proceedings under this chapter.

D. Hearing. If a request for a hearing is made, it shall be held by a hearing officer, designated as such by the city manager. At the time and place of hearing, the hearing officer shall hear and consider all relevant evidence, including, but not limited to, applicable staff reports, objections or protests relative to the existence of the alleged public nuisance and the manner proposed for abatement of it. The hearing may be continued from time to time, without further written notice.

Upon conclusion of the hearing, the hearing officer shall, based upon the evidence presented at the hearing, determine whether the vehicle, as maintained, constitutes a public nuisance, as defined in this chapter. If the hearing officer finds that a public nuisance exists, he/she shall, in writing, order it abated within a reasonable time to be set in the order.

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, denying responsibility for the presence of the vehicle on the land, together with his/her reasons for the denial. If the hearing officer determines that the vehicle was placed upon the land without the consent of the landowner, and the landowner has not subsequently acquiesced in its presence, the cost of abatement thereof shall not be levied against the property.

The determination of the hearing officer shall be final and conclusive.

(Ord. 2292 § 1 (part), 1983: prior code § 8527)

(Ord. No. 3112, § 2, 2-25-20)

A copy of the order of abatement of the nuisance shall be served upon the owners of the property in accordance with the provisions of Section 10.56.030, together with a list of abatement methods.

(Ord. 2292 § 1 (part), 1983: prior code § 8528)

After a final determination that a motor vehicle constitutes a public nuisance within the meaning of this chapter, the owner of the vehicle and/or the owner of the property whereon the vehicle is located, shall abate the public nuisance by removing it in the time set forth in the order of abatement relating thereto. If the person or persons fail to abate the public nuisance, the city manager shall abate it by city forces or private contract in the time and manner permitted by Section 22660 et seq. of the Vehicle Code of the state.

(Ord. 2292 § 1 (part), 1983: prior code § 8529)

Where the abatement of a public nuisance pursuant to this chapter is accomplished by city forces, the provisions of Sections 8.08.100 through 8.08.120 of this code shall be applicable to the proceedings.

(Ord. 2292 § 1 (part), 1983: prior code § 8530)

The provisions of this chapter shall be administered by the city manager.

(Ord. 2292 § 1 (part), 1983: prior code § 8531)

Vehicles declared to be a public nuisance pursuant to this chapter shall be disposed of in the manner provided by Sections 22661 and 22662 of the California Vehicle Code; provided that after a vehicle has been declared to be a public nuisance, and has been removed from the premises where located, it shall not be reconstructed or otherwise made operable, except as provided in said Sections 22661 and 22662.

(Ord. 2869 § 36, 2006: Ord. 2577 § 27, 1992: amended during 1984 codification; Ord. 2292 § 1 (part), 1983: prior code § 8532)

Within five days after the date of removal of a vehicle, the city manager shall cause to be forwarded to the Department of Motor Vehicles of the state notice identifying the vehicle and any evidence of registration available, including but not limited to, registration certificates of title or license plates on any such vehicle.

(Ord. 2292 § 1 (part), 1983: prior code § 8533)

This chapter shall not apply:

A. To a vehicle 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; and/or

B. To a vehicle which is stored or parked in a lawful manner on private property in conjunction with the business of a licensed dismantler, licensed vehicle dealer or a junkyard; provided, however, that this latter exception shall not authorize the maintenance of any real property contrary to the provisions of this code.

(Ord. 2292 § 1 (part), 1983: prior code § 8534)