Wildomar Municipal Code Ch. 10.04 Abandoned Vehicles

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 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 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, 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. 18 § 2, 2008, RCC § 10.04.010)

As used in this chapter:

"Abandoned vehicle"

means any vehicle that is left on any highway, public property, or private property in such inoperable or neglected condition that the owner's intent to relinquish all further rights or interest in it may be reasonably concluded. In reaching a reasonable conclusion one must consider the amount of time the vehicle has not been moved, its condition, statements from the owner and witnesses, etc.

"Dismantled vehicle"

means any vehicle which is partially or wholly disassembled.

"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.

"Inoperative vehicle"

means any motor vehicle from which the engine, wheels, tires, or other essential parts have been damaged or removed, or which the engine, wheels, tires, or other essential parts have been altered, damaged, or allowed to deteriorate so that the vehicle cannot and/or is incapable of being driven under its own power or rendering the vehicle unsafe to operate on a highway. The lack of inflated tires, lack of a working engine, transmission, differential, or other essential parts, or left unattended on jacks, blocks, or elevated in any other way which constitutes a threat to the public health, safety, or general welfare.

"Owner of the land"

means 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"

means the last registered owner and legal owner of record.

"Private property"

means property that belongs absolutely to an individual and that person has the exclusive right of disposition. Property of a specific, fixed, and tangible nature, capable of being possessed and transmitted to another, such as houses, lands, vehicles, etc.

"Public nuisance vehicle"

means any vehicle that is abandoned, wrecked, dismantled, or any inoperative parts thereof that is on public or private property, including highways, and that creates a condition tending to reduce the value of private property, promotes blight and deterioration, invites plundering, creates fire hazards, constitutes an attractive nuisance endangering the health and safety of the general public, harbors rodents, insects and other vermin, or jeopardizes, health, safety and general welfare is a public nuisance.

Public Property.

The term "public property" includes highways.

"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.

"Wrecked vehicle"

means any vehicle that is damaged to such an extent that it cannot be operated upon the highway. A vehicle that has been wrecked in a traffic accident and which has been removed from the roadway to a lawful storage facility, but which has not been claimed by its owner, will not be considered an abandoned vehicle for the purposes of this chapter.

(Ord. 18 § 2, 2008, RCC § 10.04.020; Ord. 236, 2/14/2024)

A. This chapter shall not apply to:

1. A vehicle, or parts thereof, which is completely enclosed within a building or enclosure in a lawful manner where it is not visible from the street or other public or private property; or

B. 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 chapter.

(Ord. 18 § 2, 2008, RCC § 10.04.030; Ord. 236, 2/14/2024)

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 County, the state, or any other legal entity or agency having jurisdiction.

(Ord. 18 § 2, 2008, RCC § 10.04.040)

Except as otherwise provided in this chapter, the provisions of this chapter shall be administered and enforced by the City Manager or their designee. In the enforcement of this chapter, the City Manager or their designee 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 parts thereof declared to be a nuisance pursuant to this chapter.

(Ord. 18 § 2, 2008, RCC § 10.04.050; Ord. 236, 2/14/2024)

When the City Council or appropriate officer of the City has contracted with or granted a franchise to any person or persons, 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. 18 § 2, 2008, RCC § 10.04.060)

A. Upon discovering the existence of an abandoned, wrecked, dismantled, or inoperative vehicle, or parts thereof, on private property or public property, a 10-day notice of intention to abate shall be mailed by registered or certified mail, to the owner of the land and 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. Upon determining that such vehicle still exists, and a period of 10 days has elapsed without a request for a hearing, the Code Enforcement Department, its employees, or designees, shall have the authority to remove or cause the removal of the vehicle without a hearing.

B. A 10-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 or parts thereof unless the vehicle is in such condition that identification numbers are not available to determine ownership. The notice shall contain a statement of hearing rights of the owner of the property on which the vehicle is located and of the owner of the vehicle. The statement shall include a notice to the property owner that he or she 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 his or her reasons for such denial, in lieu of appearing. In the event that both the property owner and the owner of the vehicle have signed releases authorizing the removal of an abandoned vehicle and waiving further interest in the vehicle or parts thereof, a 10-day notice of intention to abate and remove an abandoned vehicle shall not be required.

C. A 10-day notice of intent to abate and remove an abandoned vehicle shall not be required for the removal of a vehicle or parts thereof which is inoperable due to the absence of a motor, transmission or wheels and is incapable of being towed if all the following criteria are met:

1. Such inoperable vehicle or parts thereof shall be valued at less than $200.00 by an authorized individual pursuant to State Vehicle Code Section 22855, including the following:

a. Any regularly employed and salaried police officer or other employee designated by the Chief of Police of the City;

b. Any regularly employed and salaried deputy sheriff or other employee designated by the sheriff of the county;

c. Any member of the State Highway Patrol designated by the Commissioner;

d. Any member of the state police designated by the Chief thereof;

e. Any regularly salaried employee of a City, County or City and County designated by a Board of Supervisors or a City Council pursuant to section 22669(A) of the State Vehicle Code.

2. Such inoperable vehicle or parts thereof shall be located upon a parcel of land that is:

a. Zoned for agricultural use; and

b. Not improved with a residential structure containing one or more dwelling units.

3. Such inoperable vehicle shall have been determined by the Code Enforcement Manager or their designee to be a public nuisance presenting an immediate threat to public health or safety.

4. The owner of the property on which such abandoned vehicle is located shall have signed a release authorizing removal and waiving further interest in the vehicle or parts thereof.

5. Pursuant to Section 22654 of the California Government Code, property owner releases are not required in order to commence abatement procedures by removing abandoned vehicles or parts thereof from public right-of-way. All other noticing and owner release must be met prior to disposal of any such vehicle.

6. Prior to the final disposition of such a low-valued vehicle or parts thereof for which evidence of registration was recovered, notice shall be provided to the registered and legal owners of the intent to dispose of the vehicle or parts. In the event that such vehicle or parts thereof is not claimed or removed from the location of storage within 12 days after the notice is mailed, final disposition of the vehicle or part thereof may proceed.

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

(Ord. 18 § 2, 2008, RCC § 10.04.070; Ord. 236, 2/14/2024)

Upon a timely request by the owner of the property on which the vehicle is located or the owner of the vehicle, 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, including attorney fees, and the cost of removal of the vehicle or part thereof against the property on which it is located. This request shall be made in writing to the Code Enforcement Department within 10 days after the mailing of the notice of intention to abate and remove the vehicle or at the time of signing a release authorizing the removal and waiving further interest in the vehicle or part thereof. If the owner of the property on which the vehicle is located submits a sworn statement denying responsibility for the presence of the vehicle on his or her land within such time period, this statement shall be construed as a request for hearing which does not require the presence of the property owner. If the request for a hearing is not received within such period, the Code Enforcement Department, its employees or designees, shall have the authority to remove or cause the removal of the vehicle.

(Ord. 18 § 2, 2008, RCC § 10.04.080)

A. All hearings under this chapter shall be held before the Director of Code Enforcement or designated subordinate as a hearing officer, who shall hear all relevant facts and testimony. The facts and testimony may include evidence on the condition of the vehicle or part thereof and the circumstances concerning its location on private or public property. The hearing officer shall not be limited by the technical rules of evidence. The owner of the vehicle or 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 or her reasons for such denial.

B. The hearing officer may impose such conditions and take such other action as he or she deems appropriate under the circumstances to carry out the purpose of this chapter. He or she may delay the time for removal of the vehicle or part thereof if, in his or her opinion, the circumstances justify it. At the conclusion of the public hearing, the hearing officer may find and order the same recovered from the property as a public nuisance and disposed of hereinafter provided and determine the administrative costs, including attorney fees, and the cost of removal 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.

C. 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 or she 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 the land owner.

D. Where there is no parcel of land against which costs shall be assessed because the vehicle was abandoned on public property, administrative costs, including attorney fees, and the costs of removal shall be sought from the abandoned vehicle abatement service authority program.

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

(Ord. 18 § 2, 2008, RCC § 10.04.090)

A. Any interested party may appeal the decision of the hearing officer by filing a written notice of appeal with the hearing officer within five days after his or her decision.

Such appeal shall be heard by the City Council which may affirm, amend or reverse the order or take action deemed appropriate.

B. The City Clerk shall give written notice of the time and place of the hearing to the appellant and those persons specified in Section 10.04.070.

C. In conducting the hearing the City Council shall not be limited by the technical rules of evidence.

(Ord. 18 § 2, 2008, RCC § 10.04.100)

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 10.04.100, or 15 days after such action of the governing body authorizing removal following appeal, the vehicle or parts thereof may be disposed of by removal to a scrapyard or automobile dismantler's yard. If such commercial channels are not available or are inadequate, the vehicle or parts may be disposed of at any public disposal area which will accept the same. 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 license plates, pursuant to Section 5004 of the Vehicle Code, in which case the vehicle may be reconstructed or made operable.

(Ord. 18 § 2, 2008, RCC § 10.04.110)

No local agency or contractor thereof shall be liable for damage caused to a vehicle or part thereof by removal pursuant to Section 22661 of the California Vehicle Code and this chapter.

(Ord. 18 § 2, 2008, RCC § 10.04.120)

If the administrative costs, including attorney's fees, and the costs of removal which are charged against the owner of a parcel of land pursuant to Section 10.04.100 are not paid within 30 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 25845 of the California Government Code and shall be transmitted to the Tax Collector for collection. The assessment shall have the same priority as other City taxes.

(Ord. 18 § 2, 2008, RCC § 10.04.130)

A. It is unlawful 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 or public property within the City for a period in excess of 10 days 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 City-approved junkyard. Any individual violating any provision of this chapter shall be deemed guilty of an infraction or misdemeanor as hereinafter specified. Such individual shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of any of the provisions of this chapter is committed, continued, or permitted.

B. Any individual convicted of a violation of this chapter shall be: (1) guilty of an infraction offense and punished by a fine not exceeding $100.00 for a first violation; (2) guilty of an infraction offense and punished by a fine not exceeding $200.00 for a second violation on the same site perpetrated by the same individual. The third and any additional violations on the same site and perpetrated by the same individual shall constitute a misdemeanor offense and shall be punishable by a fine not exceeding $1,000.00 or six months in jail, or both. Notwithstanding the above, a first offense may be charged and prosecuted as a misdemeanor.

C. A violation of this chapter is declared to be unlawful and a public nuisance. The City Attorney shall be authorized to commence action or actions for the abatement, and removal and enjoinment thereof and for the collection of the costs of abatement, including administrative and attorney's fees and civil penalties in the manner provided by law.

D. Upon a second or subsequent civil or criminal judgment for a violation of this chapter, the court may order the owner to pay treble the costs of abatement, including administrative and attorney's fees, in accordance with Government Code Section 25845.5.

E. All remedies provided for in this chapter shall be cumulative and not exclusive. The conviction and punishment of any person under this chapter shall not relieve such person from the responsibility of abating and removing an abandoned, wrecked, dismantled or inoperative vehicle or parts thereof.

(Ord. 18 § 2, 2008, RCC § 10.04.140)