The following procedures are adopted pursuant to the California Vehicle Code, Section 22660 et seq. and are established as the procedures for the abatement and removal as public nuisances of abandoned, wrecked, dismantled or inoperative vehicles or parts thereof.
(Prior code § 4300; Ord. 2191 § 8, 1993)
As used in this chapter, "inoperative vehicle" includes all vehicles which, through absence or deteriorated condition of mechanical parts including engine, transmission, driving axle, tires and wheels is unable to be operated on a highway. Additionally, vehicles which are (1) without current registration pursuant to California Vehicle Code Section 4000.4 unless exempted therefrom; or (2) are without the safety equipment required by Division 12 of the California Vehicle Code shall also be considered "inoperative."
(Prior code § 4301; Ord. 2191 § 8, 1993)
This chapter shall not apply to the following:
A. 
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 place or private property; or
B. 
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 when such storage or parking is necessary to the operation of a lawfully conducted business or commercial enterprise when such business or enterprise is authorized by the city's zoning regulations; or
C. 
A vehicle which is defined by Section 5004 of the California Vehicle Code as a "Vehicle of Historic Value" or by section 5051(b) of the California Vehicle Code as a "Special Interest Vehicle."
(Prior code § 4302; Ord. 2191 § 8, 1993)
A. 
This chapter shall be administered and enforced by regularly salaried full-time employees of the city, except that the removal of vehicles or parts thereof from property may be by any other duly authorized person.
B. 
Any person authorized by the city to administer this chapter may, with the consent of the property owner or the person in possession thereof, enter upon private property at all reasonable times for the purposes specified in this chapter including, but not limited to entry for inspection and for enforcement of this chapter, to examine vehicles or parts thereof, obtain information as to the identity of the vehicle, and remove or cause the removal of a vehicle or parts thereof declared to be a nuisance pursuant to this chapter. Where consent is refused or cannot be obtained a judicial warrant which authorizes entry into the property to inspect and abate must be obtained provided that the entry onto private property infringes upon constitutionally recognized expectations of privacy.
C. 
When such entry is made in an area which is fenced or posted and which is within the "curtilage" area immediately surrounding the residence, the following procedures shall apply in the absence of state legislation creating an abatement warrant procedure:
1. 
An attempt shall be made to obtain the written consent of the property owner to enter the property and to abate the nuisance. An initial request for entry within five days, utilizing a stamped and addressed return addressed envelope shall be mailed to the property owner at the address shown on the last equalized assessment roll of the supplemental roll, whichever is more current. If consent to enter enclosed private property for purposes of this chapter is refused by the property owner or occupant, the city attorney shall, at his option, send a second demand letter. If again entry is refused or if the city attorney determines that a second demand letter is not feasible, the city attorney shall, utilizing an inspection warrant procedure detailed in California Code of Civil Procedure Section 1822.50 et seq., apply to a judicial officer for a warrant which authorizes entry onto property for the purposes of abatement in connection with issuing the warrant.
2. 
If exigent circumstances exist which pose an immediate threat to public health and safety or if fact and circumstances exist to reasonably justify a failure to seek consent from the property owner, the city attorney shall seek relief from the court and cause the issuance of a forcible warrant pursuant to Section 1822.56 of the California Code of Civil Procedure.
(Prior code §§ 4303 and 4304; Ord. 2191 § 8, 1993)
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 duly authorized city employee shall have the authority to cause the abatement and removal thereof in accordance with the procedure prescribed herein and to arrange with authorized private persons or city employees to accomplish such removal.
(Prior code § 4306; Ord. 2191 § 8, 1993)
A. 
A ten day notice of intention to abate and remove a vehicle or parts thereof, shall be mailed, by registered or certified mail, to the owner of the land on which the vehicle, or parts thereof, is located as shown on the last equalized assessment roll and to the last registered and legal owners of record of the vehicle unless the vehicle is in such condition that identification numbers are not available to determine ownership.
B. 
The notices of intention shall be substantially 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 __________, you are hereby notified that the undersigned pursuant to Chapter 8.44, Section 8.44.050 of the Westminster Municipal Code has determined that there exists upon said land an (or parts of an) abandoned, wrecked, dismantled or inoperative (year, make, model) vehicle registered to __________, license number __________, vehicle identification number __________which constitutes a public nuisance pursuant to the provisions of Chapter 8.20, Section 8.20.030 of the Municipal Code.
"You are hereby notified to abate said nuisance by the removal of said vehicle (or parts of a vehicle) within ten 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 owner of the land on which said vehicle (or said parts of a vehicle is located.
"As either owner of the property on which the vehicle (or said parts of a vehicle) is located or as owner of the 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 or his designee within such ten day period, the City Manager or his designee 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 appear in person at such hearing or in lieu of appearing may present a sworn written statement denying responsibility for the presence of the vehicle or part or parts thereof on the land, stating your reasons for denial.
"Notice Mailed __________(date) __________
/s/signed __________"
"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 8.44, Section 8.44.050 of the Westminster 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 which constitutes a public nuisance pursuant to the provisions of Chapter 8.20, Section 8.20.030 of the Municipal Code.
"You are hereby notified to abate said nuisance by the removal of said vehicle (or 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 hearing is not received by the City Manager or his designee within such ten day period, the City Manager or his designee 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.
"Notice mailed __________date __________
/s/____________________"
C. 
No notice shall be required pursuant to this section 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.
D. 
No notice shall be required pursuant to this section for removal of a vehicle or part thereof that is:
1. 
Located upon a parcel zoned for agricultural use or not improved with a residential structure containing one or more dwelling units;
2. 
Inoperable due to the absence of a motor, transmission, or wheels and incapable of being towed;
3. 
Valued at less than two hundred dollars by a person specified in California Vehicle Code Section 22855, or successor provisions; and
4. 
Determined by the city to be a public nuisance presenting an immediate threat to public health or safety;
5. 
Provided that the property owner has signed a release authorizing removal and waiving further interest in the vehicle or part thereof.
6. 
Notice shall be provided, however, by the city to the registered and legal owners of the intent to dispose of the vehicle or part, prior to final disposition under California Vehicle Code Section 22662, or successor provisions, as required by and in accordance with the provisions contained therein.
(Ord. 2362 § 35, 2003)
A hearing shall be held before the planning commission upon a written request therefor filed with the secretary of the planning commission by the owner of the vehicle or part or parts thereof or by the owner of the land on which such vehicle or part or parts thereof is located, within ten days after mailing of the notice of intention to abate and remove the vehicle or part or parts thereof as required by this chapter, or at the time of signing a release pursuant to subsection 8.44.060(C). If the owner of the land on which the vehicle or part or parts thereof is located files with the secretary a sworn written statement denying responsibility for the presence of the vehicle on his land within such time period, his statement shall be construed as a request for a hearing by the planning commission which does not require the presence of the owner submitting such request. If no request for a hearing is received within such period, no hearing shall be required and the chief of police shall have the authority to remove the vehicle (or part or parts thereof) without further notice. Upon any such request being so filed within such time period, the secretary shall set the question of abatement and removal of the vehicle or part or parts thereof and the assessment of the administrative costs and the cost of removal for a hearing before the planning commission and mail, by registered mail, to the person requesting such hearing a notice of the time and place thereof not less than ten days before the date set for such hearing.
(Ord. 2362 § 36, 2003)
All hearings under this chapter shall be held before the planning commission which shall hear all facts and testimony it deems pertinent. The facts and testimony may include testimony on the condition of the vehicle or parts thereof, and the circumstances concerning its location on the private property or public property. The planning commission 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 may then, or theretofore, present a sworn written statement in time for consideration of the hearing, denying responsibility for the presence of the vehicle or parts or parts thereof on his land with his reasons for such denial.
(Prior code § 4308; Ord. 2191 § 8, 1993)
The planning commission may impose such conditions and take such other action as the planning commission deems appropriate under the circumstances to carry out the purpose of this chapter. The planning commission may delay the time for removal of the vehicle or part thereof if, in the planning commission's opinion, the circumstances justify it. At the conclusion of the hearing, the planning commission 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 vehicle identification number and license of the vehicle, if available at the site.
(Prior code § 4308; Ord. 2191 § 8, 1993)
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 planning commission 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 land owner.
(Prior code § 4308; Ord. 2191 § 8, 1993)
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 planning commission but does not appear, he shall be notified in writing of the decision.
(Prior code § 4308; Ord. 2191 § 8, 1993)
Any interested party may appeal the decision of the planning commission by filing a written notice of appeal with the city clerk within five days after the decision. Such appeal shall be heard by the city council which may affirm, amend or reverse the order or take other action deemed appropriate. The city clerk shall give written notice of the time and place of the hearing to the appellant and those persons specified in this chapter. In conducting the hearing the city council shall not be limited by the technical rules of evidence.
(Prior code § 4309; Ord. 2191 § 8, 1993)
If no request for a hearing by the city council is filed with the city clerk within the time provided by this chapter after the mailing of the notice of intention to abate and remove the vehicle or part or parts thereof, or after the expiration of five days from the date of a decision by the planning commission at any hearing held pursuant to the provisions of this chapter and the mailing by regular mail of a notice of such decision to any person who requested such hearing and did not appear at such hearing, that the vehicle or part or parts thereof shall be abated and removed, the chief of police may abate and remove the vehicle or part or parts thereof and dispose of same by delivery to a scrap yard 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 California Vehicle Code Section 5004, or successor provisions, in which case the vehicle may be reconstructed or made operable. If the chief of police determines that the commercial channels of disposal are not available or are inadequate, he may dispose of such vehicle or part or parts thereof by removal to any suitable site owned by the city. The chief of police may make final disposition of such vehicle or part or parts thereof or may transfer the same in any manner provided by law.
(Ord. 2362 § 37, 2003)
Within five days after the date of removal of the vehicle or part or parts thereof, notice shall be given to the Department of Motor Vehicles identifying the vehicle or part 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 § 4311; Ord. 2191 § 8, 1993)
Upon the abatement and removal of any vehicle or part or parts thereof pursuant to this chapter, the administrative costs and the cost of removal shall be determined by the finance director and he shall send a statement thereof by registered mail to the owner of the land as shown on the last equalized assessment role from which the vehicle or part or parts thereof were removed. Unless such costs are paid or written objections with the reasons therefor are filed with the city clerk within thirty days from the mailing of such statement, or if so ordered by the city manager after a hearing upon any such objections, such costs shall be assessed against such 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 city taxes. Upon receipt of any such objections, the city clerk shall set the same for hearing by the city manager and send by regular mail to the person making such objections notice of the time and place of such hearing not less than ten days before the date set for such hearing.
(Prior code § 4312; Ord. 1867 § 8, 1978; Ord. 2191 § 8, 1993)
At the time that the assessment is transmitted to the tax collector, the city clerk shall record in the office of the county recorder a notice of lien, substantially in the form set forth below.
"NOTICE OF LIEN
(Claim of the City of Westminster)
"Pursuant to Chapter 8.44 of the Westminster Municipal Code and Section 22660 of the California Vehicle Code, the City of Westminster did on or about the __________day of, 20_____, cause an abandoned vehicle or parts thereof to be removed from real property described herein as a public nuisance and did, effective (date)__________, cause the removal and administrative costs to be assessed against the real property; and the same has not been paid nor any part thereof; and said city of Westminster does hereby claim a lien on said real property in the amount of said assessment, to wit: the sum of $ __________ and the same shall be a lien upon said real property until the same has been paid in full and discharged of record.
"The real property hereinabove mentioned, and upon which a lien is claimed, is that certain parcel of land lying and being in the City of Westminster, County of Orange, State of California, and particularly described as follows:
____________________
____________________
Dated: __________This day of __________, 20__________.
Attest: ____________________
City Clerk"
(Ord. 2191 § 8, 1993)
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 state or any other legal entity.
(Ord. 2191 § 8, 1993)