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, 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 to 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. 1246 § 1, 1983)
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. 1246 § 1, 1983)
This chapter shall not apply to:
(1)
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
(2)
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. 1246 § 1, 1983)
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. 1246 § 1, 1983)
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 other 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. 1246 § 1, 1983)
When the city council has contracted with or granted a franchise
to any person or persons to assist in the enforcement of 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
parts thereof declared to be a nuisance pursuant to this chapter.
(Ord. 1246 § 1, 1983)
The city council shall from time to time determine and fix an
amount to be assessed as administrative costs under this chapter.
(Ord. 1246 § 1, 1983)
Upon discovering the existence of an abandoned, wrecked, or
inoperative vehicle, or parts thereof, on private property or public
property within the city, the director of community development of
the city or other authorized city officers, shall have the authority
to cause the abatement and removal thereof in accordance with the
procedure described in this chapter.
(Ord. 1246 § 1, 1983)
(a)
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.
(b)
The ten-day notice is not required for removal of a vehicle or part
thereof which is inoperable due to the absence of a motor, transmission
or wheels and incapable of being towed, is valued less than two hundred
dollars, and is a public nuisance presenting an immediate threat to
public health or safety; provided, that the property owner has signed
a release authorizing removal and waiving further interest in the
vehicle or part thereof. Prior to final disposition of such a vehicle
or part for which evidence of registration was recovered, notice shall
be provided to the registered and legal owners of intention to dispose
of the vehicle or part, and if the vehicle or part is not claimed
and removed within twelve days after the notice is mailed, disposition
may proceed.
(c)
The notices of intention shall be in substantially the following
forms:
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NOTICE OF INTENTION TO DISPOSE OF AN INOPERATIVE VEHICLE OR
PART 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 Section 11.80.090 of the Palm Springs Municipal Code has determined that said vehicle (or parts of a vehicle) exists as an inoperative vehicle with a value of less than $200, and constitutes a public nuisance pursuant to the provisions of Chapter 11.80 of the Palm Springs Municipal Code, as amended, and as such has been removed from (describe location on public or private property) and placed for final disposition at (describe location). You are hereby notified that you have 12 days from the date of mailing of this notice to claim and remove subject vehicle or part thereof or else final disposition shall proceed.
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Notice mailed
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_____________
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Signature
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_______________
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(d)
A notice of intention to abate shall not be required if:
(1)
The property owner and the owner of the vehicle have signed releases
authorizing removal and waiving further interest in the vehicle or
part thereof, or
(2)
All the following conditions are satisfied:
(A)
The vehicle or part thereof is inoperable due to the absence of a
motor, transmission or wheels and is incapable of being towed;
(B)
The vehicle or part thereof is valued at less than two hundred dollars
by the police chief of the city or his designee;
(C)
The planning department has determined that the vehicle or part thereof
is a public nuisance presenting an immediate threat to public health
or safety;
(D)
The property owner has signed a release authorizing the removal and
waiving further interest in the vehicle or part thereof; and
(E)
The vehicle is located upon a parcel that is either zoned for agricultural
use or is not improved with a residential structure containing one
more dwelling units.
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If a vehicle is removed pursuant to subsection (d)(2) of this
section, prior to final disposition, the registered or legal owner
shall be notified of the intent to dispose of the vehicle or part
thereof. If the vehicle or part thereof is not claimed and removed
from the scrapyard, automobile dismantler's yard or public disposal
area within 12 days after the notice to dispose of vehicle is mailed,
final disposition may proceed.
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(Ord. 1246 § 1, 1983; Ord. 1464 § 1, 1993; Ord. 1503 § 1, 1995; Ord. 2031 § 30, 2020; Ord. 2088, 11/9/2023)
(a)
Upon request by the owner of the vehicle or owner of the land, received
by the city clerk within ten days after the mailing of the notices
of intention to abate and remove, a public hearing shall be held by
the director of community development 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 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 said 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. 1246 § 1, 1983)
(a)
All hearings under this chapter shall be public hearings and shall
be held before the director of community development who shall hear
all facts and testimony he 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 director of community development 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 director of community development may impose such conditions
and take such other action as he deems appropriate under the circumstances
to carry out the purpose of this chapter. He may delay the time for
removal of the vehicle or part thereof if, in his opinion, the circumstances
justify it. At the conclusion of the hearing, the director of community
development 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 director of community
development 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 of the vehicle on his land but does not appear, or
if an interested party makes a written presentation to the director
of community development but does not appear, he shall be notified
in writing of the decision.
(Ord. 1246 § 1, 1983)
(a)
Any interested party may appeal the decision of the director of community
development by filing a written notice of appeal with the city clerk
within five days after said decision.
(b)
Such appeal shall be heard by the city council which may affirm,
amend or reverse the order or take other action deemed appropriate.
(c)
The city clerk shall give written notice of the time and place of the hearing to the appellant and those persons specified in Section 11.80.100.
(d)
In conducting the hearing, the city council shall not be limited
by the technical rules of evidence.
(Ord. 1246 § 1, 1983)
Five days after adoption of the order declaring the vehicle or part thereof to be a public nuisance, five days from the date of mailing of notice of the decision if such notice is required by Section 11.80.110, or fifteen days after such action of vehicle or part thereof may be disposed of by removal to a scrapyard 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. 1246 § 1, 1983; Ord. 1330 § 2, 1989)
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. 1246 § 1, 1983)
If the administrative costs and the cost of removal which are charged against the owner of a parcel of land pursuant to Section 11.80.110 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 county auditor for collection. The assessment shall have the same priority as other city taxes.
(Ord. 1246 § 1, 1983)
