In addition to and in accordance with the determination made
and the authority granted by the state pursuant to the provisions
of Section 22660 of the Vehicle Code of the state 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,
not including highways, 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 of the citizens of the city.
Therefore, the presence of an abandoned, wrecked, dismantled, or inoperative
vehicle, or part thereof, on private or public property, not including
highways, except as expressly permitted by the provisions of this
chapter is declared to constitute a public nuisance which may be abated
as such in accordance with the provisions of this chapter.
(Ord. 285 § 5, 1982)
For the purposes of this chapter, unless otherwise apparent
from the context, certain words and phrases used in this chapter are
defined as follows:
means the director of public safety and regularly appointed
employees of the Loma Linda department of public safety acting pursuant
to his instructions.
means a way or place of whatever nature, publicly maintained
and open to the use of the public for the purposes of vehicular travel.
"Highway" includes "street," "lane," "way," "cartway," "road" or any
other similar public place.
does not include "highway."
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.
means the owner of the land on which the vehicle, or parts
thereof, is located as shown on the last equalized assessment roll.
means the last registered owner and legal owner of record.
(Ord. 285 § 5, 1982)
The provisions of this chapter shall not apply to:
A.
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
B.
A vehicle,
or part thereof, which is stored or parked in a lawful manner on private
property in connection with the business of a licensed dismantler,
licensed vehicle dealer, a junk dealer, or when such storage or parking
is necessary to the operation of a lawfully conducted business or
commercial enterprise.
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The provisions of this section shall not authorize the maintenance
of a public or private nuisance as defined pursuant to provisions
of law other than Chapter 10, commencing with Section 22650, of Division
11 of the Vehicle Code of the state, and this chapter.
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(Ord. 285 § 5, 1982; Ord. 354 § 6, 1986)
The provisions of this chapter are not the exclusive regulation
of abandoned, wrecked, dismantled, or inoperative vehicles within
the city. The provisions of this chapter shall supplement and be in
addition to the other regulatory codes, statutes, and laws heretofore
or hereafter enacted by the city, the state, or any other legal entity
or agency having jurisdiction.
(Ord. 285 § 5, 1982)
Except as otherwise provided in this chapter, the provisions
of this chapter shall be administered and enforced by the city manager
or the director. In the enforcement of the provisions of this chapter,
such department officer 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 the parts thereof, declared to be a nuisance pursuant
to the provisions of this chapter.
(Ord. 285 § 5, 1982)
When the city council has contracted with or granted a franchise
to any person, such person 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 the provisions
of this chapter.
(Ord. 285 § 5, 1982)
The city council 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) for the purposes
of administering the provisions of this chapter.
(Ord. 285 § 5, 1982)
Upon the discovering of the existence of an abandoned, wrecked,
dismantled or inoperative vehicle, or parts thereof, on private or
public property within the city, the director shall have the authority
to cause the abatement, and removal thereof in accordance with the
procedures described and prescribed in this chapter.
(Ord. 285 § 5, 1982)
A ten calendar days' notice of intention to abate and remove
the vehicles, or parts thereof, as a public nuisance shall be mailed
by registered/certified mail to the owner of the land and to the owner
of the vehicle, unless the vehicle or parts thereof is in such condition
that identification numbers are not available to determine ownership.
The property owner's notice of intention shall be in the following
form:
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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 the owner of the land)
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As owner shown on the last equalized assessment roll of the
land located at (address), you are hereby notified that the undersigned,
pursuant to Ordinance No. , City of Loma Linda, has determined that
there exists upon said land an (or parts of an) abandoned, wrecked,
dismantled, or inoperative vehicle registered to , License No. , which
constitutes a public nuisance pursuant to the provisions of Sec. 10.34.010
of the above-referenced ordinance.
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You are hereby notified to abate said nuisance by the removal
of said vehicle (or said parts of a vehicle) within 10 calendar 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 or its representative
and the vehicle or parts thereof may be disposed of by removal to
a scrapyard or automobile dismantling yard and the costs thereof,
together with administrative costs assessed to you as owner of the
land on which said vehicle (or, parts of a vehicle) is located.
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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 calendar days after the mailing of this intention, request a public
hearing, and if such a request is not received by the City of Loma
Linda, Department of Public Safety, within such ten-day period, the
director 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
statement in writing within such ten-day period denying responsibility
for the presence on said land, with your reasons for denial, and such
statement shall be construed 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 statement, in writing, as aforesaid in time for
consideration at such hearing.
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Notice Mailed:
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_________________________
(Date Mailed)
Public Safety Office
City of Loma Linda
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ATTEST:
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_________________________
City Clerk, City of Loma Linda
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The vehicle owner's notice of intention shall be in the following
form:
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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)
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As last registered (and/or legal) owner of record of (description
of vehicle - make, model, license, etc.), you are hereby notified
that the undersigned, pursuant to Ordinance No. , City of Loma Linda,
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 Sec. 10.34.010 of the above-referenced
ordinance.
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You are hereby notified to abate said nuisance by the removal
of said vehicle (or said parts of a vehicle) within 10 calendar 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 or its representative
and the vehicle or parts thereof may be disposed of by removal to
a scrapyard or automobile dismantling yard, and the costs thereof,
together with administrative costs assessed to you as registered (and/or
legal) owner of said vehicle (or said parts of said vehicle).
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As registered (and/or legal) owner of record of said vehicle
(or said parts of a vehicle), you are hereby notified that you may,
within 10 calendar days after the mailing of this notice of intention,
request a public hearing and if such request is not received by the
City of Loma Linda, Department of Public Safety Officer within such
ten-day period, the Director shall have the authority to abate and
remove said vehicle (or said parts of a vehicle) without a hearing.
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Notice Mailed:
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_________________________
(Date Mailed)
Public Safety Office
City of Loma Linda
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ATTEST:
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_________________________
City Clerk, City of Loma Linda
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(Ord. 285 § 5, 1982; Ord. 354 § 1, 1986)
Upon request by the owner of the vehicle or the owner of the
land received by the director within ten calendar days after the mailing
of the notices of intention to abate and remove, a public hearing
shall be held by the director 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 of a vehicle, against
the property on which it is located.
If the owner of the land submits a sworn statement, in writing,
denying responsibility for the presence of the vehicle on his land
within such ten-day period, said statement shall be construed as a
request for a hearing which does not require his presence. Notice
of the hearing shall be mailed, by registered/certified mail, at least
ten calendar days prior to the date of 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. If such a request for hearing is not received within said
ten calendar 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.
(Ord. 285 § 5, 1982; Ord. 354 § 2, 1986)
All hearings under this chapter shall be held before the director
which shall hear all facts and testimony he or she deems pertinent.
Said facts and testimony may include testimony on the condition of
the vehicle, or parts thereof, and the circumstances concerning its
location on the property, public or private. The director 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 statement,
in writing, 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.
The director 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 parts thereof, if in his opinion the circumstances
justify it. At the conclusion of the public hearing, the director
may find that a vehicle, or parts thereof, has been abandoned, wrecked,
dismantled, or is inoperative on private or public property as a public
nuisance and disposed of as hereinafter provided and determine the
administrative costs and the cost of removal 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 at the site.
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
he or she has not subsequently acquiesced in its presence, the director
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 such owner of the land.
If the owner of the land submits a sworn statement denying responsibility
for the presence of the vehicle on his land but does not appear or
if an interested party makes a written presentation to the director
but does not appear, he or she shall be notified in writing of the
decision.
(Ord. 285 § 5, 1982)
Any interested party may appeal the decision of the director
to the city council by filing written notice of appeal with the city
clerk within seven calendar days after his decision.
Such appeal shall be in accordance with the provisions of Section 2.08.030 of this code.
(Ord. 285 § 5, 1982)
Upon failure to comply with the notice set forth in Section 10.34.090, and failure by the owner of the land upon which such vehicle is located, or failure of the registered or legal owner to request a hearing as provided for therein, or seven calendar days after adoption of the order declaring the vehicle or parts thereof to be a public nuisance, seven calendar days from the date of mailing of notice of decision if such notice is required by Section 10.34.110 of this chapter, or fourteen calendar days after such action of the governing body, parts thereof may be disposed of by removal to a scrapyard or automobile dismantler's yard. After a vehicle has been removed, it shall not thereafter be reconstructed or made operable.
(Ord. 285 § 5, 1982; Ord. 354 § 3, 1986)
Within five calendar 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 parts thereof removed. At the
same time, there shall be transmitted to the Department of Motor Vehicles
any evidence of registration available, including registration, certificate
of title, and license plates.
(Ord. 285 § 5, 1982; Ord. 354 § 4, 1986)
If the administrative costs and the cost of removal which are charged against the owner of the parcel of land pursuant to Section 10.34.110 are not paid within thirty calendar 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. Said assessment shall have the same priority as other city taxes.
(Ord. 285 § 5, 1982)
Any city employee designated to remove vehicles pursuant to
this chapter may do so after such person has mailed or personally
delivered a written report to the office of the Department of California
Highway Patrol located nearest to the vehicle, identifying the vehicle
and its location.
(Ord. 354 § 5, 1986)
