In addition to and in accordance with the determination made
and the authority granted by the State under Sections 22660 through
22664 of the Vehicle Code to remove abandoned, wrecked, dismantled
or inoperative vehicles or parts thereof as public nuisances, and
in accordance with Government Code Section 38771, the City Council
hereby 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. 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 hereinafter permitted,
is a public nuisance which may be abated as such in accordance with
the provisions of this Chapter.
(Ord. 318 § 1, 1993)
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.
means a vehicle that is:
Mechanically incapable of being driven; or
Prohibited from being operated on a public street or highway
pursuant to Vehicle Code Sections 4000, 5202, 24002, or 40001, concerning
license plates, registration, equipment, safety and related matters.
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.
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.
(Ord. 318 § 1, 1993; Ord. 340 § 1, 1994)
This Chapter shall not apply to:
(a)
A
vehicle or part thereof which is completely enclosed within a building,
or by a fence or wall, 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, or a junkyard. This exception
shall not, however, authorize the maintenance of a public or private
nuisance as defined under provisions of law.
(Ord. 318 § 1, 1993)
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 State or any other
legal entity or agency having jurisdiction.
(Ord. 318 § 1, 1993)
Except as otherwise provided in this Chapter, the provisions
of this Chapter shall be administered and enforced by the Director
of Community Development of the City or other authorized City officer,
except that the removal of vehicles or parts thereof from property
may be by any duly authorized person. Any such authorized person may
enter upon private property for the purposes specified in this Chapter
to examine a vehicle or parts thereof, obtain information as to the
identity of a vehicle, and remove or cause the removal of a vehicle
or part thereof declared to be a nuisance pursuant to this Chapter.
(Ord. 318 § 1, 1993)
The City Council, by resolution, shall from time to time determine
and fix an amount to be assessed as administrative costs under this
Chapter.
(Ord. 318 § 1, 1993)
Upon discovering the existence of an abandoned, wrecked, or
inoperative vehicle, or parts thereof, on private property or public
property within the City, authorized City officers shall have the
authority to cause the abatement and removal thereof in accordance
with the procedure described in this Chapter.
(Ord. 318 § 1, 1993; Ord. 364 § 1, 1995)
A ten-day notice of intention to abate and remove the vehicle,
or part thereof, as a public nuisance shall be issued unless the property
owner and the owner of the vehicle have signed releases authorizing
removal and waiving further interest in the vehicle or part thereof.
Such ten-day notice of intention to abate shall be mailed 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
of the vehicle, unless the vehicle is in such condition that identification
numbers are not available to determine ownership. The notices of intention
shall be in substantially the forms as shown in Exhibits C and D.
|
EXHIBIT C
NOTICE OF INTENTION TO ABATE AND REMOVE AN ABANDONED,
WRECKED, DISMANTLED, OR INOPERATIVE VEHICLE OR PARTS 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 Section 8.09.070 of the Indian Wells Municipal Code, has determined that there exists upon said land an (or parts of an) abandoned, wrecked, dismantled or inoperative vehicle registered to _______________, license number _______________ which constitutes a public nuisance pursuant to the provisions of Chapter 8.09 of the Indian Wells Municipal Code as amended.
|
|
You are hereby notified to abate said nuisance by the removal
of said vehicle (or said parts of a vehicle) within 10 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 and the costs thereof,
together with administrative costs, assessed to you as owner of the
land on which said vehicle (or said parts thereof) are located.
|
|
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 days after the mailing of this notice of intention, request a public
hearing and if such a request is not received by the City Clerk of
the City of Indian Wells within such 10-day period, the Director of
Community Development or other authorized City officer shall have
the authority to cause the abatement and removal of said vehicle (or
parts 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 parts of a vehicle) 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 written Statement as aforesaid
in time for consideration at such hearing.
|
|
Notice Mailed __________/s/_______________
|
|
EXHIBIT D
NOTICE OF INTENTION TO ABATE AND REMOVE AN ABANDONED,
WRECKED, DISMANTLED, OR INOPERATIVE VEHICLE OR PARTS 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 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 Section 8.09.070 of the Indian Wells Municipal Code 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 Chapter 8.09 of the Indian Wells Municipal Code, as amended. You are hereby notified to abate said nuisance by the removal of said vehicle (or parts of a vehicle) within 10 days from the date of mailing of this notice.
|
|
As registered (and/or legal) owner of record of said vehicle
(or said parts of vehicle), 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 request is not received by the City Clerk
of the City of Indian Wells within such 10 day period, the Director
of Community Development or other authorized City officer shall have
the authority to cause the abatement and removal of said vehicle (or
parts of a vehicle) without a hearing.
|
|
Notice mailed_______________/s/_______________
|
(Ord. 318 § 1, 1993)
(a)
Upon
request by the owner of the vehicle or owner of the land, received
by the City Clerk within 10 days after the mailing of the notices
of intention to abate and remove, a public hearing shall be held by
the City Council 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.
(b)
If
the owner of the land submits a sworn written Statement 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 certified mail, at least 10 days before 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 10 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. 318 § 1, 1993; Ord. 364 § 1, 1995)
(a)
All
hearings under this Chapter shall be public hearings and shall be
held before the City Council who shall hear all facts and testimony
it deems pertinent. Said facts and testimony may include testimony
on the condition of the vehicle or part thereof and the circumstances
concerning its location on the private property or public property.
The hearing 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 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.
(b)
The
City Council may impose such conditions and take such other action
as it deems appropriate under the circumstances to carry out the purpose
of this Chapter. The Council may delay the time for removal of the
vehicle or part thereof if, in its opinion, the circumstances justify
it. At the conclusion of the hearing, the City Council may find that
a vehicle or part 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 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 has not subsequently
acquiesced in its presence, the City Council shall not assess costs
of administration or removal of the vehicle against the owner of the
property upon which the vehicle is located or otherwise attempt to
collect such costs from such land owner.
(d)
If
the owner of the land submits a sworn Statement denying responsibility
for the presence or the vehicle on his land but does not appear, or
if an interested party makes a written presentation to the City Council
but does not appear, he shall be notified in writing of the decision.
(Ord. 318 § 1, 1993; Ord. 364 § 1, 1995)
Five days after such action of the governing body authorizing
removal, the vehicle or part thereof may be disposed of by removal
to a scrap yard or automobile dismantler's yard. Said vehicle
shall not thereafter be reconstructed or made operable unless it is
a vehicle which qualifies for either horseless carriage license plates
or historical vehicle license plates, pursuant to Section 5004 of
the Vehicle Code, in which case the vehicle may be reconstructed or
made operable.
(Ord. 318 § 1, 1993; Ord. 364 § 1, 1995)
Within five days after the date of removal of the vehicle or
part thereof, notice shall be given to the Department of Motor Vehicles
identifying the vehicle or part thereof removed. At the same time
there shall be transmitted to the Department of Motor Vehicles any
evidence of registration available, including, but not limited to,
the registration card, certificates of ownership, or license plates.
(Ord. 318 § 1, 1993)
If the administrative costs and the cost of removal which are charged against the owner of a parcel of land pursuant to Section 8.09.070 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 County Auditor for collection. The assessment shall have the same priority as other City taxes.
(Ord. 318 § 1, 1993)
