Yucca Valley Municipal Code Ch. 11.10 Vehicle Abatement

In addition to and in accordance with the determinations made herein, and the authority granted by the State under California Vehicle Code section 22660 to remove abandoned, wrecked, dismantled or inoperative vehicles or parts thereof as public nuisances, the Town Council makes the following findings and declarations: the accumulation and storage of abandoned, wrecked, dismantled or inoperative vehicle or parts thereof on private or public property, not including highways, is found to create conditions 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 permitted in this Chapter, is declared to constitute a public nuisance which may be abated as such in accordance with the provisions of this Chapter. (Ord. 75, 7-11-1996)

This Chapter is not the exclusive regulation for the abatement of abandoned, wrecked, dismantled or inoperative vehicles within the Town. It shall supplement and be in addition to the other regulatory codes, statutes and ordinances heretofore or hereafter enacted by the Town, the State or any other legal entity or agency of competent jurisdiction. (Ord. 75, 7-11-1996)

As used in this Chapter:

HIGHWAY: A way or place of whatever nature, publicly maintained and open to the use of the public for purpose of vehicular travel. "Highway" includes streets.

OWNER OF THE LAND: The owner of the land on which the vehicle, or parts thereof, are located, as shown on the last equalized assessment roll.

OWNER OF THE VEHICLE: The last registered owner and last legal owner of record of the vehicle.

PUBLIC PROPERTY: Does not include "highway".

TOWN MANAGER: The Town Manager of Yucca Valley or his designee.

VEHICLE: 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. 75, 7-11-1996)

A. This Chapter shall not apply to the following:

1. Stored Vehicles: A vehicle or parts thereof that 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. Lawfully Conducted Business: A vehicle or parts thereof that is stored or parked in a lawful manner on appropriately zoned private property in connection with the business of a licensed dismantler, licensed vehicle dealer or junkyard.

B. Nothing in this Section shall authorize the maintenance of a public or private nuisance as defined under provisions of law other than California Vehicle Code division 11, chapter 10 commencing with section 22650 and this Chapter. (Ord. 75, 7-11-1996)

A. It is unlawful and a violation of this Code for any person to abandon, park, store or leave or permit the abandonment, parking, storing or leaving of any licensed or unlicensed vehicle or parts thereof which is in an abandoned, wrecked, dismantled or inoperative condition upon any private or public property, not including highways, within the Town for a period in excess of seventy two (72) hours unless the vehicle or parts 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 the vehicle is stored or parked in a lawful manner on appropriately zoned private property in connection with the business of a licensed dismantler, licensed vehicle dealer or a junkyard.

B. It is unlawful and a violation of this Code for any person to fail or refuse to remove any abandoned, wrecked, dismantled or inoperative vehicle, or parts thereof, or refuse to abate the nuisance when ordered to do so in accordance with the abatement provisions of this Chapter or State law, where State law is applicable. (Ord. 75, 7-11-1996)

Except as otherwise provided in this Chapter, the provisions of this Chapter shall be administered and enforced by the Town Manager. In the enforcement of this Chapter, the Town Manager may, subject to applicable law, enter upon private or public property to examine a vehicle or parts thereof or to obtain information as to the identity of a vehicle. The Town Manager may thereafter declare such vehicle or parts thereof to constitute a nuisance and remove or cause the removal of such vehicle or parts in accordance with the provisions of this Chapter. (Ord. 75, 7-11-1996)

A. Upon discovering the existence of an abandoned, wrecked, dismantled or inoperative vehicle, or parts thereof, on private property or public property within the Town, the Town Manager shall have the authority to determine that a public nuisance exists and to cause the abatement and removal thereof in accordance with the procedure prescribed herein.

B. A ten (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, except that if the vehicle is in such condition that identification numbers are not available to determine ownership, notice shall be sent only to the owner of the land. The notices of intention shall be substantially as provided in the forms on file with the Town Clerk. (Ord. 75, 7-11-1996; amd. 2000 Code)

A. Hearing On Abatement, Costs: If the owner of the land or the owner of the vehicle files a written request therefor with the Town Manager within ten (10) days after the mailing of the notice of intention to abate, a public hearing shall be held 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. Notice of hearing shall be mailed at least ten (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 owner of record unless the vehicle is in such condition that identification numbers are not available to determine ownership. Service shall be deemed complete at the time notice is personally served or deposited in the mail. Failure of any person to receive notice shall not affect the validity of any proceedings hereunder. Notice shall be substantially as provided in the form on file with the Town Clerk. (Ord. 75, 7-11-1996; amd. 2000 Code)

B. Abatement Without Hearing: If no written request for a public hearing is received by the Town Manager within the time allowed, the Town Manager, shall have the authority to abate and remove the vehicle or parts thereof without a hearing.

C. Notice Of Hearing To Highway Patrol And Chief Of Police: Notice of hearing shall also be given to the California Highway Patrol and to the Chief of Police of the Town, identifying the vehicle or parts thereof proposed for removal, such notice to be mailed at least ten (10) days prior to the hearing.

D. Hearing Officer: All hearings under this Chapter shall be held before a hearing officer. The hearing officer shall be appointed by the Town Manager.

E. Hearing Officer Powers And Duties: The hearing officer shall hear all facts and testimony deemed pertinent. The facts and testimony may include testimony on the condition of the vehicle or parts thereof and the circumstances concerning its location on the private property or public property. The hearing officer shall not be limited by the technical rules of evidence, but may consider any evidence upon which a prudent person might rely in arranging his own affairs. 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.

F. Findings And Determination By Hearing Officer: The hearing officer may impose such conditions and take such other action he deems appropriate under the circumstances to carry out the purpose of this Chapter. The hearing officer may delay the time for removal of the vehicle or parts thereof if, in his opinion, the circumstances so justify. At the conclusion of the public hearing, the hearing officer may find that a vehicle or parts thereof has been abandoned, wrecked, dismantled or is inoperative on private or public property and order it removed from the property as a public nuisance and disposed of as provided in this Chapter and determine the administrative costs and the costs of removal to be charged against the owner of the parcel of land on which the vehicle or parts thereof is located. The order requiring removal shall include a description of the vehicle or parts thereof and, if reasonably ascertainable, the correct vehicle identification number and license number of the vehicle. If an interested party makes a written presentation to the hearing officer but does not appear, he shall be notified in writing of the decision.

G. Determining Costs: The hearing officer, after hearing all testimony, may determine that the costs of removal and cost of administration be paid by the owner of the land, the owner of the vehicle, or the Town.

H. Administrative Costs: The Town Manager 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. (Ord. 75, 7-11-1996)

A. Contract: When the Town has contracted with or granted a franchise to any person, such person shall be authorized, subject to applicable law, to enter 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.

B. Disposal: Ten (10) days from the date of mailing of notice of the decision by the hearing officer, the vehicle(s) or parts thereof may be disposed of by the Town Manager, by removal to a scrap yard or automobile dismantler's yard. After a vehicle has been removed, it shall not thereafter be reconstructed or made operable. (Ord. 75, 7-11-1996)

Within five (5) days after the date of removal of the vehicle or parts thereof, notice shall be given to the Department of Motor Vehicles, the California Highway Patrol, and the Chief of Police of the Town, identifying the vehicle or parts 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. 75, 7-11-1996)

If the administrative costs and the cost of removal, which are charged against the owner of a parcel of land pursuant to Section 11.10.080 of this Chapter are not paid within thirty (30) days of the order, or the final disposition of an appeal therefrom, the costs shall be assessed against the parcel of land pursuant to California Government Code section 38773.5 and shall be transmitted to the tax collector for collection. The assessment shall have the same priority as other property taxes. (Ord. 75, 7-11-1996)