Yucca Valley Municipal Code Ch. 11.60 Dumping Waste; Nuisance Vehicles

For the purposes of this chapter the following terms, phrases, words, and their derivations shall have the meanings given herein. When not inconsistent with the context, words used in the present tense include the future, words used in the plural number include the singular number, and words used in the singular number include the plural number. The word "shall" is always mandatory and not merely directory.

COMMERCIAL OR HOUSEHOLD QUANTITIES: Waste material generated in the course of a trade, business, profession, occupation, house life, maintaining of a household or dwelling, and/or an amount of waste equal to or in excess of one cubic yard.

DUMPING: The wilful or negligent throwing, dropping, placing, or depositing of any waste matter in excess of what is generally carried on a person. Dumping of waste prohibited under this chapter is described as dumping of a commercial or household quantity of waste including amounts that can be carried in the bed of a truck or trunk of an automobile, and can include, but not limited to, waste items such as appliances, or construction material, and can include large bags, sacks, or other containers containing waste material.

HAZARDOUS WASTE: Any waste as defined in California Health and Safety Code section 25117.

LITTER OR LITTERING: The wilful or negligent throwing, dropping, placing, depositing, discarding or setting of small quantities (as opposed to commercial or household quantities) of waste material on private or public property.

LOCAL ENFORCEMENT ENTITIES: Any city, county, or city and county in this state.

VEHICLE: A vehicle as defined by section 670 of the California Vehicle Code.

WASTE: Matter discarded, used, or leftover substances including, but not limited to, any garbage, trash, refuse, paper, container, packaging, or construction material, carcass of dead animal, or offensive material of any kind, or object likely to injure any person or create a traffic hazard. (Ord. 151, 3-18-2004)

It is unlawful for any person, firm or corporation to dump or cause the dumping of commercial or household quantities of waste on or upon any public property, except public property specifically designated to receive such waste, or on or upon any private property. As used hereafter in this chapter, "dumping of commercial quantities of waste" shall be defined to include "dumping waste" or "dump waste". (Ord. 151, 3-18-2004)

Any vehicle used to illegally dump waste in violation of section 11.60.020 of this chapter is declared a nuisance and the vehicle shall be seized and impounded for thirty (30) days as provided in this chapter. (Ord. 151, 3-18-2004)

Upon proof that a vehicle was used in violation of any provision of this chapter or in violation of the prohibitions set forth in section 11.60.020 of this chapter, the town manager or designee shall declare the vehicle a nuisance. (Ord. 151, 3-18-2004)

Upon discovery of the existence of a vehicle used to illegally dump waste in violation of section 11.60.020 of this chapter within the town, the town manager, or designee, shall have the authority to cause the immediate seizure, towing and impounding of the vehicle for thirty (30) days in accordance with the procedure described in this chapter. Any costs of seizure, impounding and any other related costs shall be obligations of the registered and legal owner of the vehicle and shall constitute a lien on the vehicle. This chapter does not authorize the seizing, towing and impounding of vehicles in the event of littering. (Ord. 151, 3-18-2004)

Any vehicle seized and impounded under this chapter shall be released to the registered owner or his or her agent prior to the end of the thirty (30) day impound period under any of the following circumstances:

A. When the vehicle is a stolen vehicle.

B. When the vehicle was seized under this chapter and the hearing officer determines the vehicle was seized for an offense not authorized by this chapter. (Ord. 151, 3-18-2004)

A. Duplicate receipts for vehicles seized and impounded pursuant to this chapter shall be delivered to any person out of whose possession such vehicle was seized, in accordance with section 1412 of the Penal Code.

B. A notice of seizure and impounding of the vehicle which shall state that: 1) all charges of impounding and storage are obligations of the registered and legal owners of the vehicle, and 2) shall constitute a lien on the vehicle, and 3) provide an opportunity to the registered and legal owners of the vehicle to request a postseizure hearing shall be given to the registered and legal owner of the vehicle, as provided in this chapter and Vehicle Code section 22852.

C. The Yucca Valley police department, within two (2) working days of impoundment, shall send the notice described in the preceding paragraph by certified mail, return receipt requested, to the registered and legal owner of the seized and impounded vehicle, at the address obtained from the department of motor vehicles.

D. The registered and legal owner of a vehicle that has been seized and impounded under this chapter shall be provided with the opportunity for a postseizure hearing to determine the validity and to consider any mitigating circumstances attendant to the seizure and impound. (Ord. 151, 3-18-2004)

If the registered and/or legal owner of a vehicle that has been seized and impounded under this chapter requests a postseizure hearing, the town manager shall appoint a hearing officer who shall conduct such postseizure hearing. The hearing shall be held as soon as practicable after the request for hearing is made. The hearing officer will ascertain whether the alleged violation constitutes a public nuisance as set forth in this chapter, whether cause existed for the seizure, impounding and storage and other factors as are relevant to the postseizure hearing. The hearing officer conducting the postseizure hearing shall consider all relevant evidence, objections or protests relative to the seizure and impounding of the vehicle. (Ord. 151, 3-18-2004)

In addition to imposed towing and storage charges, there shall be imposed on the registered and legal owner of any vehicle impounded and stored under this chapter an administrative charge in the amount set by resolution adopted by the town council to establish the administrative costs relating to the seizure, removal, impound, storage and release of vehicle used in violation of this chapter. All administrative charges imposed by the town shall be paid to the town prior to the time the town authorizes the release of the vehicle by the impounding entity or authority.

In the event said administrative charges are not paid as provided in this chapter, the town may exercise its lien rights and cause the vehicle to be sold to recover its costs and expenses in accordance with the procedures set out in the California Vehicle Code applicable thereto. In the event the towing, impound and storage charges are not paid to the impounding entity or authority said entity or authority may exercise such lien rights as are authorized by the California Vehicle and Civil Codes. In the event the vehicle is sold at a lien sale and the proceeds are insufficient to pay the administrative charge of the town and the towing and storage charges of the impounding entity or authority, the town charges shall first be paid and then any remaining balance shall be paid to the impounding entity or authority.

Said administrative charges may be waived by the town upon verifiable proof that the vehicle was reported stolen at the time the vehicle was seized and towed for impound under this chapter, was stolen at the time the vehicle was towed, or the vehicle was towed from outside the town of Yucca Valley.

Administrative charges shall only be imposed on a vehicle used to illegally dump waste in violation of section 11.60.020 of this chapter. (Ord. 151, 3-18-2004)

Any person or his or her servant, agent, or employee who owns, leases, possesses, or maintains any vehicle used for unlawful dumping of waste in violation of section 11.60.020 of this chapter is guilty of a violation of this chapter. (Ord. 151, 3-18-2004)

This chapter is not the exclusive regulation of vehicles used to illegally dump wastes. It shall supplement and be in addition to regulations of other regulatory codes, statutes, and ordinances enacted by the state, or any city, town, county, or other local enforcement entities having jurisdiction. (Ord. 151, 3-18-2004)