In addition to and in accordance with the determination made herein, and the authority granted by the state under Section 22660 of the California 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 conditions 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 permitted in this chapter, is declared to constitute a public nuisance which may be abated as such in accordance with the provisions of this chapter.
(Ord. 122 § 2.1, 1987)
This chapter is not the exclusive regulation or abatement 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 of competent jurisdiction.
(Ord. 122 § 2.1, 1987)
As used in this chapter:
"City manager"
means the city manager or his designee.
"Highway"
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 streets.
"Owner of the land"
means the owner of the land on which the vehicle, or parts thereof, is located, as shown on the last equalized assessment role.
"Owner of the vehicle"
means the last registered owner and the last legal owner of record of the vehicle.
"Public property"
does not include highway.
"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.
(Ord. 122 § 2.1, 1987)
A. 
This chapter shall not apply to the following:
1. 
Stored Vehicles. A vehicle or part 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
2. 
Lawfully Conducted Business. A vehicle or part thereof which is stored or parked in a lawful manner on appropriately zoned private property in connection with the business of a licensed dismantler, licensed vehicle dealer, or when the storage or parking is necessary to the operation of a lawfully conducted business or commercial enterprise.
B. 
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.
(Ord. 122 § 2.1, 1987)
Except as otherwise provided in this chapter, the provisions of this chapter shall be administered and enforced by the city manager. In the enforcement of this chapter, the city manager may, subject to applicable law, 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 part thereof) declared to be a nuisance pursuant to this chapter.
(Ord. 122 § 2.1, 1987)
A. 
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 city manager shall have the authority to determine that a public nuisance exists and to cause the abatement and removal thereof in accordance with the procedure prescribed herein.
B. 
A ten-day notice of intention to abate and remove the vehicle, or parts thereof, as a public nuisance shall be mailed by registered or certified mail to the owner of the land and to the owner of the vehicle, except that if the vehicle is in such condition that identification numbers are not available to determine ownership, notice shall be sent only to the owner of the land. No notice of intention need be sent if the property owner and the owner of the vehicle have signed releases authorizing removal and waiving further interest in the vehicle or part thereof. In addition, a notice of intention 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 at less than $200 by a person specified in California Vehicle Code Section 22855, and is determined by the local agency to be 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.
The notices of intention shall be substantially in 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 11.24.060(A) of Chapter 11.24 of the city of Moreno Valley 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 11.24 of the city of Moreno Valley Municipal Code.
You are hereby notified to abate said nuisance by removal of said vehicle (or said parts of a vehicle) within ten 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 of Moreno Valley ("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 ten 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 of the City within such ten-day period, the City Manager 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 ten-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
_____________(date)
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 Chapter 11.24 of the city of Moreno Valley 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 11.24 of the city of Moreno Valley Municipal Code.
You are hereby notified to abate said nuisance by the removal of said vehicle (or said parts of a vehicle) within ten 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 ten 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 of the city of Moreno Valley within such a ten-day period, the City Manager shall have the authority to abate and remove said vehicle (or parts of a vehicle) without a public hearing.
Notice mailed
_____________(date)
(Ord. 122 § 2.1, 1987; Ord. 150 § 1.1, 1987; Ord. 409 § 1.1, 1993)
A. 
If the owner of the land or the owner of the vehicle files a written request therefor with the city manager within ten days after the mailing of the notice of intention to abate, a public hearing shall be held on the question of abatement and removal of the vehicle or part 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 part thereof against the property on which it is located. Notice of hearing shall be mailed at least ten days before the hearing by registered or certified mail, with a five-day return requested, to the owner of the land as shown on the last equalized assessment roll and to the last registered and legal owner of record unless the vehicle is in such condition that identification numbers are not available to determine ownership. If any of the foregoing notices are returned undeliverable by the United States Post Office, the hearing shall be continued to a date not less than ten days from the date of the return and may then be conducted on the date to which continued whether or not the appellant is present.
B. 
If no written request for a public hearing is received by the city manager within the time allowed, the city manager shall have the authority to abate and remove the vehicle or part thereof without a hearing.
(Ord. 122 § 2.1, 1987; Ord. 150 § 1.2, 1987)
All hearings under this chapter shall be held before a hearing officer. The city manager, or his designee, shall be the hearing officer of the city.
(Ord. 122 § 2.1, 1987)
The hearing officer shall hear all facts and testimony which it deems pertinent. The 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 officer shall not be limited by the technical rules of evidence, but may consider any evidence upon which a prudent person might rely in arranging his or her own affairs. 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.
(Ord. 122 § 2.1, 1987)
The 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. The hearing officer may delay the time for removal of the vehicle or part thereof if, in his or her opinion, the circumstances justify it. At the conclusion of the public hearing, the hearing officer may find that a vehicle or part thereof has been abandoned, wrecked, dismantled or is inoperative on private or public property and order it removed from the property as a public nuisance and disposed of as provided in this chapter and determine the administrative costs and the costs 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, if reasonably ascertainable, the correct identification number and license number of the vehicle. If an interested party makes a written presentation to the hearing officer but does not appear, she or he shall be notified in writing of the decision.
(Ord. 122 § 2.1, 1987)
The hearing officer, after hearing all testimony, may determine that the cost of removal and cost of administration be paid by the owner of the land, the owner of the vehicle, or the city.
(Ord. 122 § 2.1, 1987)
The city manager 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 thereof) under this chapter.
(Ord. 122 § 2.1, 1987)
Any interested party may appeal the decision of the hearing officer by filing a written notice of appeal with the city clerk within ten days after the date of mailing of the decision. The clerk shall give written notice of the time and place of the hearing to the appellant and those persons specified in Sections 11.24.070 and 11.24.080.
(Ord. 122 § 2.1, 1987)
The appeal shall be heard by the city council which may affirm, amend, or reverse the order of the hearing officer or take such other action as the council may deem to be appropriate. In conducting the hearing, the city council shall follow the hearing procedures and exercise the same powers as are set forth in this chapter for the hearing officer.
(Ord. 122 § 2.1, 1987)
When the city has contracted with or granted a franchise to any person or persons, such person or persons shall be authorized, subject to applicable law, to enter 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. 122 § 2.1, 1987)
Ten days from the date of mailing of notice of the decision by the hearing officer, or 15 days after the action by the city council authorizing removal following appeal, the vehicles or parts thereof may be disposed of by the city manager, by removal to a scrap yard or automobile dismantler's yard. After a vehicle has been removed, 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 California Vehicle Code, in which case the vehicle may be reconstructed or made operable.
(Ord. 122 § 2.1, 1987; Ord. 409 § 1.2, 1993)
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 of part 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. 122 § 2.1, 1987; Ord. 409 § 1.3, 1993)
If the administrative costs and the cost of removal, which are charged against the owner of a parcel of land pursuant to Section 11.24.110 are not paid within 30 days of the order, or the final disposition of an appeal therefrom, the 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 property taxes.
(Ord. 122 § 2.1, 1987)
It is unlawful and a violation of this code 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 thereof which is in an abandoned, wrecked, dismantled or inoperative condition upon any private or public property, not including highways, within the city for a period in excess of 72 hours unless the vehicle or part 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 the vehicle is stored or parked in a lawful manner on appropriately zoned private property in connection with the business of a licensed dismantler, licensed vehicle dealer, or a junkyard.
(Ord. 122 § 2.1, 1987; Ord. 336 § 1.1, 1991)
It is unlawful and a violation of this code for any person to fail or refuse to remove any abandoned, wrecked, dismantled or inoperative vehicle, a part thereof, or refuse to abate the nuisance when ordered to do so in accordance with the abatement provisions of this chapter or state law where state law is applicable.
(Ord. 122 § 2.1, 1987; Ord. 336 § 1.2, 1991)