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 and as subsequently amended, to remove abandoned,
wrecked, dismantled or inoperative vehicles or part thereof as public
nuisances, the council makes the following finds 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 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 permitted by this chapter, is declared to constitute
a public nuisance which may be abated as such in accordance with the
provisions of this chapter. Criminal prosecution pursuant to this
section shall not preclude, nor be precluded by, abatement of such
vehicles or parts thereof pursuant to the provisions of this chapter.
(Prior code § 27-170; Ord. 5234 § 1, 1999)
For the purposes of this chapter, the following terms shall
be ascribed the following meanings unless it is clear from the context
that a different meaning is intended:
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 that a vehicle is inoperative if it is:
Mechanically incapable of being driven; or
Prohibited from being operated on a public street or highway
pursuant to California Vehicle Code sections 4000, 5202, 24002, or
40001, concerning license plates, registration, equipment, safety
and related matters.
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
of a vehicle.
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.
(Prior code § 27-171; Ord. 5234 § 1, 1999)
A.
The
following shall be exceptions to the provisions of this chapter:
1.
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
2.
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.
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 section.
(Prior code § 27-172)
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.
(Prior code § 27-173)
Except as otherwise provided in this chapter, the provisions
of this chapter shall be administered and enforced by the director
of community development. In the enforcement of this chapter such
officer and such officer's deputies must first obtain appropriate
legal authorization to 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.
(Prior code § 27-174; Ord. 5234 § 1, 1999; Ord. 5803 § 17, 2013)
When the council has contracted with or granted a franchise
to any person or persons for removal of abandoned, wrecked, dismantled
or inoperative vehicles, upon receipt of appropriate legal authorization,
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.
(Prior code § 27-175; Ord. 5234 § 1, 1999)
The 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.
(Prior code § 27-176)
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 director of community development shall
have the authority to cause the abatement and removal thereof in accordance
with the procedure prescribed in this chapter.
(Prior code § 27-177; Ord. 5803 § 18, 2013)
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 notice of intention shall be
in substantially the following form:
|
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 Title 10, Chapter 10.48, Glendale Municipal Code, has determined that there exists upon said land an abandoned, wrecked, dismantled or inoperative vehicle, or parts thereof, registered to __________, license number __________, which constitutes a public nuisance.
|
|
You are hereby notified to abate said nuisance by the removal
of said vehicle, or parts thereof within 10 days from the date of
mailing of this notice, and upon your failure to do so the City of
Glendale will seek judicial authorization through appropriate means
to enter onto your property to abate said nuisance and remove said
vehicle(s) and will seek recovery of costs thereof, together with
administrative costs assessed to you as owner of the land on which
said vehicle, or parts thereof, is located.
|
|
As owner of the land on which said vehicle, or parts thereof,
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 Director of Community
Development within such 10 day period, the City of Glendale shall
have the authority to seek judicial authorization to abate and remove
said vehicle, vehicles or 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 10 day period denying responsibility
for the presence of said vehicle, vehicles or 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 written statement
as aforesaid in time for consideration at such hearing.
|
|
Notice Mailed: __________ (Date)
|
|
CITY OF GLENDALE By __________, City Manager.
|
|
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 or record of (description of vehicle-make model, license, etc.) you are hereby notified that the undersigned, pursuant to Title 10 Chapter 10.48, of the Glendale Municipal Code, has determined that said vehicle, or part thereof 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 said Municipal Code.
|
|
You are hereby notified to abate said nuisance by the removal
of said vehicle, or parts thereof within 10 days from the date of
mailing of this notice.
|
|
As registered (and/or legal) owner of record of said vehicle,
or parts thereof, 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 Director of Community
Development within such 10 day period, the City of Glendale shall
seek judicial authorization to abate and remove said vehicle (or said
parts of a vehicle) without a hearing.
|
|
Notice Mailed: __________ (Date)
|
|
CITY OF GLENDALE By __________, City Manager.
|
(Prior code § 27-178; Ord. 5234 § 1, 1999; Ord. 5803 § 19, 2013)
A.
Upon
request by the owner of the vehicle or owner of the land received
by the director of community development within 10 days after the
mailing of the notices of intention to abate and remove, a public
hearing shall be held by the hearing officer 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 the owner's land within such ten-day
period, such statement shall be construed as a request for a hearing
which does not require his or her presence. Notice of the hearing
shall be mailed by registered mail, at least 10 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 such 10 days after mailing of the notice of intention to abate
and remove, the director of community development shall abate and
remove the vehicle or parts thereof as a public nuisance without holding
a public hearing.
(Prior code § 27-179; Ord. 5803 § 20, 2013)
A.
All
hearings under this chapter shall be held before the hearing officer
who shall hear all facts and testimony the hearing officer deems pertinent.
Such facts and testimony may include testimony on the condition of
the vehicle or parts thereof and the circumstances concerning its
location on such private property or public property. 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 or her reasons
for such denial.
B.
The
hearing officer may impose such conditions and take such other action
as the hearing officer 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 parts thereof if, in the hearing
officer's opinion, the circumstances justify it. At the conclusion
of the public hearing, the hearing officer 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 provided in this
chapter and determine the administrative costs and 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.
C.
If
the hearing officer finds that the vehicle was placed on the land
without the consent of the owner of the land and that the owner of
the land has not subsequently acquiesced in its presence, the costs
of administration or removal of the vehicle shall not be assessed
against the property upon which the vehicle is located or otherwise
attempt to collect such costs from such owner of the land.
D.
If
the owner of the land submits a sworn written statement denying responsibility
for the presence of the vehicle on his or her land but does not appear,
or if an interested party makes a written presentation to the hearing
officer but does not appear, he or she shall be notified in writing
of the decision.
(Prior code § 27-180; Ord. 5803 § 21, 2013)
(Prior code § 27-181; Ord. 5803 § 22, 2013)
Five days after adoption of the order 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 10.48.110, or fifteen days after such action of the council authorizing removal following appeal, 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, unless it is a vehicle that qualifies for either horseless carriage license plates or historical vehicle license plates pursuant to Vehicle Code section 5004, and as subsequently amended, in which case the vehicle may be reconstructed or made operable.
(Prior code § 27-182)
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.
(Prior code § 27-183)
If the administrative costs and the cost of removal which are charged against the owner of a parcel of land pursuant to section 10.48.110 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 tax collector for collection. Such assessment shall have the same priority as other city taxes.
(Prior code § 27-184)
