In addition to and in accordance with the determination made
and the authority granted by the state of California under Section
22660 of the Vehicle Code 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 created 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 hereinafter
permitted, is declared to constitute a public nuisance which may be
abated as such in accordance with the provisions of this chapter.
(Ord. 728 § 1, 1972)
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 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. 728 § 1, 1972)
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 parts 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.
|
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 of the Laguna Beach Municipal Code.
|
(Ord. 728 § 1, 1972)
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. 728 § 1, 1972)
Except as otherwise provided herein, the provisions of this
chapter shall be administered and enforced by the chief of police
or his representative. In the enforcement of this chapter such officer
and his representative 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 parts thereof) declared to be a nuisance pursuant to this chapter.
(Ord. 728 § 1, 1972)
When the city council has contracted with or granted a franchise
to any person or persons, 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 parts thereof declared to be a nuisance
pursuant to this chapter.
(Ord. 728 § 1, 1972)
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) under this chapter.
(Ord. 728 § 1, 1972)
Upon discovering the existence of an abandoned, wrecked, dismantled,
or inoperative vehicle, or parts thereof, on private property or public
property within the city, the chief of police shall have the authority
to cause the abatement and removal thereof in accordance with the
procedure prescribed herein.
(Ord. 728 § 1, 1972)
A ten-day notice of intention to abate and remove the vehicle,
or parts thereof, as a public nuisance shall be mailed by registered
mail 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. The notices of intention shall be
in substantially the following forms:
|
"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 7.22.010 of the Laguna Beach 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 Section 7.22.010 of the Laguna Beach Municipal Code.
|
|
"You are hereby notified to abated 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 of a vehicle) is 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 within
such 10-day period, the undersigned 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 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/__________
|
|
Date
|
|
CHIEF OF POLICE
|
|
City of Laguna Beach
|
|
"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 7.22.010 of the Laguna Beach 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 Section 7.22.010 of the Laguna Beach Municipal Code.
|
|
"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.
|
|
"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 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 within such 10-day period, the undersigned shall have the authority
to abate and remove said vehicle (or said parts of a vehicle) without
hearing.
|
|
Notice Mailed__________
|
|
s/___________________
|
|
Date
|
|
CHIEF OF POLICE
|
|
City of Laguna Beach
|
(Ord. 728 § 1, 1972)
Upon request by the owner of the vehicle or owner of the land
received by the chief of police or his representative within ten 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.
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, the 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 mail, at least ten 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 ten 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. 728 § 1, 1972)
All hearings under this chapter shall be held before the city
council which shall hear all facts and testimony it deems pertinent.
The facts and testimony may include testimony on the condition of
the vehicle or parts thereof and the circumstances governing its location
on the private property or public property. The city council 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 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.
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. It may delay the time for removal of
the vehicle or parts thereof, if, in its opinion, the circumstances
justify it. At the conclusion of the public hearing, the city council
may find that a vehicle or parts 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 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 has not subsequently acquiesced in its presence, the city council
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 written 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 city council but does not appear, he shall be notified in writing
of the decision.
(Ord. 728 § 1, 1972)
Five days after adoption of the order declaring the vehicle
or parts thereof to be a public nuisance, the vehicle or 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. 728 § 1, 1972)
Within five 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 certifications,
certificates of title and license plates.
(Ord. 728 § 1, 1972)
If the administrative costs and the cost of removal which are charged against the owner of a parcel of land pursuant to Section 7.22.120 are not paid within thirty 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. The assessment shall have the same priority as other city taxes.
(Ord. 728 § 1, 1972)
It is unlawful and an infraction 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 property or public property not including highways
within the city for a period in excess of five days 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 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.
(Ord. 728 § 1, 1972; Ord. 941 § 1, 1978)
It is unlawful and an infraction for any person to fail or refuse
to remove an abandoned, wrecked, dismantled or inoperative vehicle
or parts thereof, or to 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.
(Ord. 728 § 1, 1972; Ord. 941 § 1, 1978)
