Note: For provisions regarding sale of abandoned property, see Chapter 3.24.
In addition to and in accordance with the determination made
and the authority granted by the State under Section 22660 of the
Vehicle Code to remove abandoned, wrecked, dismantled, or inoperative
vehicles or part(s) thereof as public nuisances, the City Council
hereby makes the following findings and declarations:
The accumulation and storage of abandoned, wrecked, dismantled,
or inoperative vehicles or part(s) thereof on private or public property
not including highways creates 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(s) thereof, on
private or public property not including highways, except as expressly
hereinafter permitted, is declared to constitute a public nuisance
that may be abated as such in accordance with the provisions of this
chapter.
(Prior code § 9600; 1042 § 7, 1969; 2795 § 1, 2011; 2802 § 1,
2011)
It is unlawful and a misdemeanor 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(s) thereof
that is in an abandoned, wrecked, dismantled, or inoperative condition
upon any private property or public property not including highways
within the City for a period in excess of seven days unless such vehicle
or part(s) 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 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 a junkyard.
(Prior code § 9600.1; 1042 § 7, 1969; 2795 § 1, 2011; 2802 § 1,
2011)
It is unlawful and a misdemeanor for any person to fail or refuse
to remove an abandoned, wrecked, dismantled, or inoperative vehicle
or part(s) thereof or refuse to abate such nuisance when ordered to
do so in accordance with the abatement provisions of this chapter
or State law where such State law is applicable.
(Prior code § 9600.2; 1042 § 7, 1959; 2795 § 1, 2011; 2802 § 1,
2011)
As used in this chapter:
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.
includes all vehicles which, through the absence or deteriorated
condition of mechanical parts including engine, transmission, driving
axle, tires, and wheels, is unable to be operated on a highway. Additionally,
vehicles that are (1) without current registration pursuant to California
Vehicle Code Section 4000.4 unless exempted therefrom; or (2) are
without the safety equipment required by Division 12 of the California
Vehicle Code shall also be considered "inoperative."
means the owner of the land on which the vehicle, or part(s)
thereof, is located, as shown on the last equalized assessment roll.
means the last registered owner and legal owner of record.
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.
(Prior code § 9600.3; 1042 § 7, 1969; 2795 § 1, 2011; 2802 § 1,
2011)
This chapter shall not apply to:
A.
A vehicle
or part(s) thereof that is completely enclosed within a building in
a lawful manner where it is not visible from the highway or other
public or private property; or
B.
A vehicle
or part(s) thereof that 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.
C.
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.
(Prior code § 9600.4; 1042 § 7, 1969; 2795 § 1, 2011; 2802 § 1,
2011)
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 hereinafter enacted by the City, the state, or any other
legal entity or agency having jurisdiction.
(Prior code § 9600.5; 1042 § 7, 1969; 2795 § 1, 2011; 2802 § 1,
2011)
When the City Council has contracted with or granted a franchise
to any person or persons to remove vehicles pursuant to this chapter,
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
part(s) thereof declared to be a nuisance pursuant to this chapter.
(Prior code § 9600.7; 1042 § 7, 1969; 2795 § 1, 2011; 2802 § 1,
2011)
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 part(s) thereof) under this chapter.
(Prior code § 9600.8; 1042 § 7, 1969; 2795 § 1, 2011; 2802 § 1,
2011)
A public hearing shall be held before the Police Department's tow hearing officer upon a written request filed with the Police Department's Records Division by the owner of the vehicle or part(s) thereof or by the owner of the land on which such vehicle or part(s) thereof is located, within 10 days after mailing of the notice of intention to abate and remove the vehicle or part(s) thereof as required by this chapter, or at the time of signing a release pursuant to Section 8.28.180(C). If the owner of the land submits a sworn written statement denying responsibility for the presence of the vehicle on his or her land within such 10-day period, said statement shall be construed as a request for a public hearing, which does not require his or her presence. Notice of the public hearing shall be mailed, by registered or certified mail, at least 10 days before the public 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 public hearing is not received within 10 days after mailing of the notice of intention to abate and remove, the Chief of Police or his or her designee may abate and remove the vehicle, or part(s) thereof, as a public nuisance without holding a public hearing. Removal and disposal shall comply with the requirements set forth in Section 8.28.130. Upon any such request being so filed within such time period, the police tow hearing officer shall set the question of abatement and removal of the vehicle or part(s) thereof and the assessment of the administrative costs and the cost of removal for a public hearing before the police tow hearing officer and mail, by registered or certified mail, to the person requesting such public hearing a notice of the time and place thereof not less than 10 days before the date set for such public hearing.
(Prior code § 9600.9; 1042 § 7, 1969; 2795 § 1, 2011; 2802 § 1,
2011)
A.
All
public hearings under this chapter shall be held before the police
tow hearing officer, or his or her designee, who 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 part(s) thereof
and the circumstances concerning its location on the private or public
property. The police tow hearing officer shall not be limited by the
technical rules of evidence. The owner of the land on which the vehicle
is located may appear in person at the public hearing or present a
written statement in time for consideration at the public hearing,
and deny responsibility for the presence of the vehicle on the land,
with his or her reasons for such denial. The police tow 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(s) thereof if, in his or her opinion, the circumstances justify
it. At the conclusion of the public hearing, the police tow hearing
officer may find that a vehicle or part(s) thereof has been abandoned,
wrecked, dismantled, or is inoperative on private or public property
and order the same removed from the 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
parcel of land on which the vehicle or part(s) thereof is located.
The order requiring the removal shall include a description of the
vehicle or part(s) thereof and the correct identification number and
license number of the vehicle at the site, if available. The owner
of the parcel of land shall be notified in writing of the decision.
If it is determined at the public 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 police tow 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 such land owner.
B.
If an
interested party makes a written presentation to the police tow hearing
officer but does not appear, he or she shall be notified in writing
of the decision.
(Prior code § 9600.11; 1042 § 7, 1969; 2795 § 1, 2011; 2802 § 1,
2011)
A.
Any interested party may appeal the decision of the police tow hearing officer by filing a written notice of appeal with the City Clerk within five days from the date of mailing of notice of the decision of the police tow hearing officer. Such appeal shall be heard by the City Council, which may affirm, amend, or reverse the order or take other action deemed appropriate. The City Clerk shall give written notice of the time and place of the public hearing to the appellant and those persons specified in Section 8.28.090.
B.
In conducting
the public hearing, the City Council shall not be limited by the technical
rules of evidence.
(Prior code § 9600.12; 1042 § 7, 1969; 2795 § 1, 2011; 2802 § 1,
2011)
If no appeal is timely filed pursuant to Section 8.28.120, the Chief of Police or his or her designee may abate and remove the vehicle or part(s) thereof and dispose of same by delivery to a scrap yard or automobile dismantler's yard. After a vehicle has been removed, it shall not thereafter be reconstructed or made operable, unless it is a vehicle that qualifies for either horseless carriage license plates or historical vehicle license plates, pursuant to California Vehicle Code Section 5004 or successor provisions, in which case the vehicle may be reconstructed or made operable. If the Chief of Police or his or her designee determines that the commercial channels of disposal are not available or are inadequate, he or she may dispose of such vehicle or part(s) thereof by removal to any suitable site contracted by the City. The Chief of Police or his or her designee may make final disposition of such vehicle or part(s) thereof or may transfer the same in any manner provided by law.
(Prior code § 9600.13; 1042 § 7, 1969; 2795 § 1, 2011; 2802 § 1,
2011)
Within five days after the date of removal of the vehicle or
part(s) thereof, notice shall be given to the Department of Motor
Vehicles identifying the vehicles or part(s) 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.
(Prior code § 9600.14; 1042 § 7, 1969; 2795 § 1, 2011; 2802 § 1,
2011)
If the administrative costs and the cost of removal that are charged against the owner of a parcel of land pursuant to Section 8.28.110 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 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.
(Prior code § 9600.15; 1042 § 7, 1969; 2795 § 1, 2011; 2802 § 1,
2011)
Except as otherwise provided herein, the provisions of this
chapter shall be administered by regularly salaried, full-time employees
of the City, except that the removal of vehicles or part(s) thereof
from property may be by any other duly authorized person. In the enforcement
of this chapter, such officer or his or her designee may enter upon
private or public property to examine a vehicle or part(s) thereof,
or obtain information as to the identity of a vehicle and/or to remove
or cause the removal of a vehicle or part(s) thereof declared to be
a nuisance pursuant to this chapter.
(Prior code § 9600.6; 1042 § 7, 1969; 2795 § 1, 2011; 2802 § 1,
2011)
Upon discovering the existence of an abandoned, wrecked, dismantled,
or inoperative vehicle, or part(s) thereof, on private property or
public property within the City, the duly authorized City employee
shall have the authority to cause the abatement and removal thereof
in accordance with the procedure prescribed herein and to arrange
with authorized private persons or City employees to accomplish such
removal.
(2795 § 1, 2011; 2802 § 1, 2011)
A.
A 10-day
notice of intention to abate and remove a vehicle or part(s) thereof,
shall be mailed, by registered or certified mail, to the owner of
the land on which the vehicle, or part(s) thereof, is located as shown
on the last equalized assessment roll and to the last registered and
legal owners of record of the vehicle unless the vehicle is in such
condition that identification numbers are not available to determine
ownership.
B.
The
notice of intention shall be given in substantially the following
form:
|
Land Owner Notice:
|
|
NOTICE OF INTENTION TO ABATE AND REMOVE AN ABANDONED, WRECKED,
DISMANTLED, OR INOPERATIVE VEHICLE (OR PART(S) THEREOF) AS A PUBLIC
NUISANCE
|
|
____________________
[Name and address of owner of the land]
|
|
As owner shown on the last equalized assessment roll of the land located at [address], you are hereby notified that the undersigned pursuant to Chapter 8.28, Section 8.28.170 of the Garden Grove Municipal Code has determined that there exists upon said land an abandoned, wrecked, dismantled, or inoperative (year, make, model) vehicle, or part(s) thereof, registered to [name and address of registered owner], license number [vehicle license number], vehicle identification number [VIN]that constitutes a public nuisance pursuant to the provisions of Chapter 9.32, Section 9.32.170 of the Garden Grove Municipal Code.
|
|
You are hereby notified to abate said nuisance by the removal
of said vehicle (or said part(s) of a vehicle) within 10 days from
the date of mailing of this Notice. Upon your failure to do so the
same will be abated and removed by the City and the costs thereof,
together with administrative costs, will be assessed to you as owner
of the land on which said vehicle (or said part(s) of a vehicle) is
located.
|
|
As owner of the property on which the vehicle (or said part(s)
of a vehicle) is located, you are hereby notified that you may, within
10 days after the mailing of this Notice of Intention, request a Public
Hearing, and if such a request is not received by the City Manager
or his or her designee within such 10day period, the City Manager
or his or her designee shall have the authority to abate and remove
said vehicle (or said part(s) of a vehicle) as a public nuisance and
assess the costs as aforesaid without a Public Hearing. You may submit
a sworn written statement within such 10-day period denying responsibility
for the presence of said vehicle (or said part(s) of a vehicle) on
said land, with your reasons for denial, and such statement shall
be construed as a request for a Public Hearing at which your presence
is not required. You may appear in person at any Public Hearing requested
by you or the owner of the vehicle or, in lieu thereof, may present
a sworn written statement as aforesaid in time for consideration at
such Public Hearing.
|
|
Notice Mailed [date]
|
|
/s/signed ____________________
Chief of Police
Garden Grove Police Department
|
|
Vehicle Owner Notice:
|
|
NOTICE OF INTENTION TO ABATE AND REMOVE AN ABANDONED, WRECKED,
DISMANTLED, OR INOPERATIVE VEHICLE (OR PART(S) THEREOF) AS A PUBLIC
NUISANCE
|
|
____________________
[Name and address of last registered and/or legal owner of record
of vehicle—notice should be given to both if different]
|
|
As the last registered (and/or legal) owner of record of [description of vehicle or part(s) thereof—make, model, license, etc.], you are hereby notified that the undersigned pursuant to Chapter 8.28, Section 8.28.170 of the Garden Grove Municipal Code has determined that said vehicle (or said part(s) of a vehicle) exists as an abandoned, wrecked, dismantled, or inoperative vehicle at [describe location on public or private property], and which constitutes a public nuisance pursuant to the provisions of Chapter 9.32, Section 9.32.170 of the Garden Grove Municipal Code.
|
|
You are hereby notified to abate said nuisance by the removal
of said vehicle (or said part(s) of a vehicle) within 10 days from
the date of mailing of this Notice. As the registered (and/or legal)
owner of record of said vehicle (or said part(s) of a vehicle), you
are hereby notified that you may, within 10 days after the mailing
of this Notice of Intention, request a Public Hearing or may submit
a sworn written statement denying responsibility for the presence
of the vehicle on the land, with your reasons for such denial, in
lieu of appearing. If such request is not received by the City Manager
or his or her designee within such 10-day period, the City Manager
or his or her designee shall have the authority to abate and remove
said vehicle (or said part(s) of a vehicle) as a public nuisance and
assess the costs as aforesaid without a Public Hearing.
|
|
Notice Mailed [date]
|
|
/s/signed ____________________
Chief of Police
Garden Grove Police Department
|
C.
No notice
of intention shall be required pursuant to this section if the property
owner and the owner of the vehicle have signed releases authorizing
removal and waiving further interest in the vehicle or part(s) thereof.
D.
Provided
that the property owner has signed a release authorizing removal and
waiving further interest in the vehicle or part(s) thereof, no notice
of intention shall be required pursuant to this section for removal
of a vehicle or part(s) thereof that is:
1.
Located
upon a parcel zoned for agricultural use or not improved with a residential
structure containing one or more dwelling units;
2.
Inoperable
due to the absence of a motor, transmission, or wheels and incapable
of being towed;
3.
Valued
at less than $200.00 by a person specified in California Vehicle Code
Section 22855, or successor provisions; and
4.
Determined
by the City to be a public nuisance presenting an immediate threat
to public health or safety.
E.
The
notice of intention shall be provided, however, by the City to the
registered and legal owners of the intent to dispose of the vehicle
or part(s) thereof, prior to final disposition under California Vehicle
Code Section 22662, or successor provisions, as required by and in
accordance with the provisions contained therein.
(2795 § 1, 2011; 2802 § 1, 2011)
