Editor's note—Ord. No. 1548, § 1, adopted Oct. 4, 1972, amended this Code by adding Art. VII, §§ 28-243—28-258. Said ordinance was included herein as enacted, however the editors deleted §§ 2 and 3, repealer and publication provisions, revised catchlines in several instances in order to facilitate indexing, reference and use, and added words in brackets for purposes of clarification.
(a)
In addition to the terms of section 28-158 of this Code and 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,
and including highways, is hereby found to create a condition tending
to reduce the value of private property, to promote blight and deterioration,
to invite a 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 hereby declared to constitute a public nuisance,
which may be abated as such in accordance with the provisions of this
article.
(b)
"Vehicle"
"Highway"
"Public property"
For
the purposes of this article, the following words and phrases shall
have the meanings ascribed to them in this section:
shall mean 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.
shall mean 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.
does not include "highway".
(Ord. No. 1548, § 1, 10-11-72)
(a)
This
article shall not apply to:
(1)
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)
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, a junk dealer or a junkyard.
(b)
Nothing
in this section [article] 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).
(Ord. No. 1548, § 1, 10-11-72; Ord. No. 83-33, § 1, 6-15-83)
This article is not the exclusive regulation of abandoned, wrecked,
dismantled or inoperative vehicles within the City of Escondido. 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. 1548, § 1, 10-11-72)
(a)
Except
as otherwise provided herein, the provisions of this article shall
be administered and enforced by the chief of police.
(b)
In
the enforcement of this article the chief of police, his officers
or his designees 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 part
thereof declared to be a nuisance pursuant to this article.
(Ord. No. 1548, § 1, 10-11-72; Ord. No. 83-33, § 2, 6-15-83)
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. 1548, § 1, 10-11-72)
The city council shall, from time to time, determine and fix
by resolution an amount to be assessed as administrative costs under
this article. This cost of administration may be set as a fixed sum
per removal, or as a percentage of the actual cost of removal.
(Ord. No. 1548, § 1, 10-11-72)
(a)
Notice
of intention to abate and remove the vehicle or part thereof as a
public nuisance shall be issued not less than 10 days prior to the
removal of the vehicle or part thereof. The notice of intention to
abate shall be mailed, by registered or certified mail, to the owner
of the land as shown on the equalized assessment roll and to the last
registered and legal owner of record of the vehicle unless the vehicle
is in such condition that the identification numbers are not available
to determine ownership. The notice of intent shall contain a statement
of the hearing rights of the owner of the vehicle and the owner of
the property on which the vehicle is located.
(b)
The
statement of hearing rights shall inform the property owner and the
vehicle owner that he may appear in person at the hearing or may submit
a sworn written statement denying responsibility for the presence
of the vehicle on the land with his reasons for such denial, in lieu
of appearing.
(c)
The
notice of intent shall not be required if the property owner and vehicle
owner sign releases authorizing removal and waiving further interest
in the vehicle or part thereof.
(d)
The
vehicle owner or the owner of the land on which the vehicle is located
shall have the right to a hearing on the question of abatement and
removal of the vehicle or part thereof and the assessment of the administrative
costs and cost of removal of the vehicle or part thereof if request
is made by the vehicle owner or property owner on which the vehicle
is located to the chief of police within 10 days after the mailing
of notice of intention to abate and remove the vehicle.
(e)
The
property owner may submit a sworn statement denying responsibility
for the presence of the vehicle on his land and if the statement is
submitted within the time period specified the statement shall be
considered as a request for hearing and the property owner shall not
be required to attend the hearing.
(f)
If
no request for hearing or sworn statement is received within the time
period the chief of police shall have the authority to remove the
vehicle immediately.
(Ord. No. 1548, § 1, 10-11-72; Ord. No. 77-21, § 1, 4-20-77; Ord. No. 83-33, § 3, 6-15-83)
Notice of hearing shall also be given to the California Highway
Patrol identifying the vehicle or part thereof proposed for removal,
such notice to be mailed at least 10 days prior to the public hearing.
(Ord. No. 1548, § 1, 10-11-72)
(a)
All
hearings under this article shall be held before the hearing board,
consisting of the chief of the fire department, chief of police, and
the director of community development. The hearing board 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 said private
property or public property. The hearing board 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 reason for such denial.
(b)
The
respectively named members of the board shall have the right to appoint
alternates to perform the duties required under this article. The
alternates shall be their next in line of command.
(c)
The
hearing board may impose such conditions and take such other action
as it deems appropriate under the circumstances to carry out the purpose
of this article. It 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 public hearing, the hearing board 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 establish the administrative costs as determined
by the city council and determine the cost of removal to be charged
against the owner of the parcel of land on which part thereof is located
or against the owner of the vehicle. 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.
(d)
If
it is determined at the hearing that the vehicle was placed on the
land without the consent of the landowner and that he has not subsequently
acquiesced in its presence, the hearing board shall not assess 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 landowner. The hearing board may assess costs and
direct the chief of police to collect the costs of administration
and removal from the owner of the vehicle by lawsuit in any court
of competent jurisdiction.
(e)
If
an interested party makes a written presentation to the hearing board
but does not appear, he shall be notified in writing of the decision.
(f)
The
city council shall provide for clerical or secretarial assistance
for the hearing board, if necessary.
(Ord. No. 1548, § 1, 10-11-72; Ord. No. 83-33, § 4, 6-15-83)
(a)
The
chief of police or the property owner or the vehicle owner may appeal
the decision of the hearing board by filing a written notice of appeal
with the city council within seven days after the board's 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 clerk shall give written notice of the time and place of the hearing to the appellant and those persons specified in section 28-249.
(d)
In
conducting the hearing, the city council shall not be limited by the
technical rules of evidence.
(Ord. No. 1548, § 1, 10-11-72; Ord. No. 83-33, § 5, 6-15-83)
(a)
Seven
days after the decision of the hearing board declaring the vehicle
or parts thereof to be a public nuisance, or 15 days after such action
of the city council authorizing removal following appeal, the vehicles
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, unless it is a vehicle which qualifies
for either horseless carriage license plates, pursuant to Section
5004, California Vehicle Code, in which case the vehicle may be reconstructed
or made operable.
(b)
If
the city council determines that commercial channels of disposition
are not available or are inadequate, it may dispose of the vehicles
by removal to any suitable site operated by it. The city council may
make final disposition of such vehicles or parts thereof or may transfer
such vehicles or parts to another, provided such disposal is only
for scrap.
(Ord. No. 1548, § 1, 10-11-72; Ord. No. 77-21, § 2, 4-20-77; Ord. No. 83-33, § 6, 6-15-83)
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 registration certificates,
certificates of Title and license plates.
(Ord. No. 1548, § 1, 10-11-72)
If the administrative costs and the cost of removal, which are
charged against the owner of a parcel of land pursuant to section
25-251, 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 tax collector for collection.
Said assessment shall have the same priority as other city taxes.
(Ord. No. 1548, § 1, 10-11-72)
It shall be 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 part 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 three days, unless such
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 such vehicle is stored
or parked in a lawful manner on a private property in connection with
the business of a licensed dismantler. licensed vehicle dealer or
a junkyard.
(Ord. No. 1958, § 1, 10-11-72; Ord. No. 75-4, § 22, 2-13-75)
It shall be unlawful and an infraction for any person to fail
or refuse to remove an abandoned, wrecked, dismantled or inoperative
vehicle or part 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. 1548, § 1, 10-11-72; Ord. No. 75-4, § 23, 2-13-75)
Each person shall be guilty of a separate offense for each and
every day during any portion of which any violation of any provision
of this article is committed, continued, or permitted by such person,
and he shall be punished accordingly.
(Ord. No. 1548, § 1, 10-11-72)
