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 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 hereby 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 parts
thereof on private or public property not including highways, except
as expressly hereinafter permitted, is hereby declared to constitute
a public nuisance which may be abated as such in accordance with the
provisions of this article.
As used in this article:
(a)
The
term "vehicle" 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.
(b)
The
term "highway" means a way or place of whatever nature, publicly maintained
and open to the use of the public for purpose of vehicular travel.
"Highway" includes street.
(c)
The
term "public property" does not include "highway."
(d)
The
term "owner of land" means the owner of the land on which the vehicle,
or parts thereof, is located, as shown on the last equalized assessment
roll.
(e)
The
term "owner of the vehicle" means the last registered owner and legal
owner of record.
(Ord. No. 523, 2-25-74)
This article 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.
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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 article.
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(Ord. No. 523, 2-25-74)
This article 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. No. 523, 2-25-74)
Except as otherwise provided herein, the provisions of this
article shall be administered and enforced by the planning director.
In the enforcement of this article the planning director and his/her
authorized agents may enter upon private or public property to examine
a vehicle or parts thereof to obtain information as to the identification
of the vehicle and to remove or cause the removal of a vehicle or
parts thereof declared to be a nuisance pursuant to this article.
(Ord. No. 523, 2-25-74; Ord. No. 823, § 1, 8-14-89)
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 article.
(Ord. No. 523, 2-25-74)
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 any parts thereof) under this article,
which amount shall be set as a fixed sum per vehicle removed or as
a percentage of the actual cost of removal.
(Ord. No. 523, 2-25-74)
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 planning director shall have the authority
to cause the abatement and removal thereof in accordance with the
procedure prescribed herein.
(Ord. No. 523, 2-25-74; Ord. No. 823, § 2, 8-14-89)
A 14 calendar 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 property on which the vehicle is located
and to the owner of the vehicle itself, unless the vehicle is in such
condition that identifications are not available to determine ownership.
The notices of intention shall be in substantially 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 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 Section 13-20.7 of the Code of the City of Cypress has determined that there exists upon said land an abandoned, wrecked, dismantled or inoperative vehicle or parts thereof registered to ______, License No. ______, which constitutes a public nuisance pursuant to the provisions of Article IIIA of Chapter 13 (Sections 13-20.1 et seq.) of the Code of the City of Cypress.
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You are hereby notified to abate said nuisance by the removal
of said vehicle or said parts thereon within 14 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 and the [costs] thereof,
together with administrative costs, assessed to you as owners of the
land on which said vehicle or said part thereof is located.
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As owner of the land on which said vehicle or said parts thereof
is located, you are hereby notified that you may, within 14 calendar
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 14 calendar day period, the Planning Director shall have
the authority to abate and remove said vehicle or said parts thereof
as a public nuisance and assess the costs as aforesaid without a public
hearing. You may submit a sworn written statement within such 14 calendar
day period denying responsibility for the presence of said vehicle
or said parts thereof 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 as aforesaid in time for consideration
at such hearing.
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Notice mailed: __________
(Date)
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s/__________________________________
Planning Director of the City of Cypress
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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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(Names and address of last registered and/or legal owner of
record of vehicle-notice shall 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 13-20.7 of the Code of the City of Cypress has determined that said vehicle or parts thereof exist as an abandoned, wrecked, dismantled or inoperative vehicle (describe location on public or private property) and constitutes a public nuisance pursuant to Article IIIA of Chapter 13 (Section 13-20.1 et seq.) of the Code of the City of Cypress.
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You are hereby notified to abate said nuisance by removal of
said vehicle or said parts thereof within 14 calendar days from the
date of mailing of this notice.
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As registered and/or legal owner of record of said vehicle or
said parts thereof, you are hereby notified that you may, within 14
calendar 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 14 calendar day period, the Planning Director shall
have the authority to abate and remove said vehicle or said parts
thereof without a hearing.
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Notice mailed: __________
(Date)
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s/__________________________________
Planning Director of the City of Cypress
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(Ord. No. 523, 2-25-74; Ord. No. 823, § 3, 8-14-89)
(a)
Upon
request received by the city clerk from the owner of the vehicle or
owner of the land when said request is received within 14 calendar
days after the mailing of the notices of intention to abate and remove,
a public hearing shall be held by the city manager or designee 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 costs 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/her land within such 14 calendar
day period, said statement shall be construed as a request for a hearing
which does not require his/her presence. Notice of the hearing shall
be mailed, by registered mail at least 14 calendar 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 by the city clerk within said 14 calendar days after
the 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. No. 523, 2-25-74; Ord. No. 823, § 4, 8-14-89)
All hearings under this article shall be held before the city
manager or his designate which shall hear all facts and testimony
he 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 said private property or public property.
The city manager or his designate 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 manager or his designate may impose such conditions
and take such other action as he deems appropriate under the circumstances
to carry out the purpose of this article. It 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 city manager
or his designate 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 manager
or his designate 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 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 manager but does not appear, he shall be notified in writing
of the decision.
(Ord. No. 523, 2-25-74)
If the owner of the vehicle or the owner of the land is aggrieved
by any decision of the city manager or his designate at the hearing,
he may appeal the decision of the city manager or his designate to
the city council by filing a written notice of appeal with the city
clerk and paying a fee in the amount of $50 within five days after
the decision of the city manager. The council shall fix a time and
place for hearing such appeal, and the city clerk shall give written
notice of the time and place thereof in accordance with the requirements
provided for the original hearing. The hearing shall be conducted
in the same manner as provided for the hearing by the city manager
or his designate, and the city council may affirm, modify or reverse
the order or take other action deemed appropriate.
(Ord. No. 523, 2-25-74)
Five days after the decision of the city manager or his designate, or the city council if appealed, declaring the vehicle or parts thereof to be a public nuisance, or five days from the date of mailing of notice of the decision if such notice is required by section 13-20.10 or 13-20.11, 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. No. 523, 2-25-74)
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 certificates,
certificates of title and license plates.
(Ord. No. 523, 2-25-74)
If the administrative costs and the cost of removal which are charged against the owner of a parcel of land pursuant to section 13-20.10 are not paid within 30 days of the date of the decision, or the final disposition of an appeal therefrom, such costs shall be assessed against the parcel of land pursuant to Section 28773.5 of the Government Code and shall have the same priority as other city taxes.
(Ord. No. 523, 2-25-74)
It shall be 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 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 10 days unless such 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 upon private property in connection with the business
of a licensed dismantler, licensed vehicle dealer or a junkyard.
(Ord. No. 523, 2-25-74)
It shall be unlawful and a misdemeanor for any person to fail
or refuse to remove an abandoned, wrecked, dismantled or inoperative
vehicle or parts thereof or refuse to abate such nuisance when ordered
to do so in accordance with the abatement provisions of this article
or state law where such state law is applicable.
(Ord. No. 523, 2-25-74)
