In addition to and in accordance with the determination made and the authority granted by the state under Sections 22660 through 22664 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 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 part thereof, on private or public property not including highways, except as expressly hereinafter permitted, is a public nuisance which may be abated as such in accordance with the provisions of this chapter.
(Ord. 115 § 1, 1985)
As used in this chapter:
"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 street.
"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 roll.
"Owner of the vehicle"
means the last registered owner and legal owner of record.
"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. 115 § 1, 1985)
This chapter shall not apply to:
A. 
A vehicle or part thereof which is completely enclosed within a building, or by a fence or wall, in a lawful manner where it is not visible from the street or other public 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, or a junkyard. This exception shall not, however, authorize the maintenance of a public or private nuisance as defined under provisions of law.
(Ord. 115 § 1, 1985)
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.
(Ord. 115 § 1, 1985)
Except as otherwise provided in this chapter, the provisions of this chapter shall be administered and enforced by the city manager or other authorized officers or employees of the city, except that the removal of vehicles or parts thereof from property may be by any other duly authorized person. Any such authorized person may enter upon private property for the purposes specified in this chapter to examine a vehicle or parts thereof, obtain information as to the identity of a vehicle, and remove or cause the removal of a vehicle or part thereof declared to be a nuisance pursuant to this chapter.
(Ord. 115 § 1, 1985)
When the city council has contracted with or granted a franchise to any person or persons to assist in the enforcement of this chapter, 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.
(Ord. 115 § 1, 1985)
Upon discovering the existence of an abandoned, wrecked, or inoperative vehicle, or parts thereof, on private property or public property within the city, the city manager or other authorized city officers or employees, shall have the authority to cause the abatement and removal thereof in accordance with the procedure described in this chapter.
(Ord. 115 § 1, 1985)
A. 
Not less than a ten-day notice of intention to abate and remove a vehicle, or parts thereof, as a public nuisance pursuant to this chapter shall be issued by the director of code compliance or designee for those vehicles, or parts thereof, to be removed by the code compliance division and by the police chief or designee for those vehicles, or parts thereof, to be removed by the police department. The city or the contractor thereof shall be liable for damage caused to a vehicle, or parts thereof, by removal pursuant to this section.
The ten-day notice of intention to abate or remove shall not be required pursuant to this section as follows:
1. 
Where the property owner and the owner of the vehicle, or parts thereof, to be removed have signed releases authorizing the removal and waiving further interest in the vehicle or parts thereof; or
2. 
When the vehicle, or parts thereof, to be removed is inoperable due to the absence of a motor, transmission, or wheels and incapable of being towed, is valued at less than two hundred dollars by a person specified in California Vehicle Code Section 22855, and is determined 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 parts thereof. Prior to final disposition under California Vehicle Section 22662 of such a low valued vehicle, or parts thereof, for which evidence of registration was recovered pursuant to Section 11.80.140 of this chapter, the director of code compliance or designee, the police chief or designee, or other agents of the city shall provide notice to the registered and legal owners of intent to dispose of the vehicle or parts thereof, and if the vehicle, or parts thereof, is not claimed and removed within twelve days after the notice is mailed, from a location specified in Section 22662, final disposition may proceed. This subsection applies only to inoperable vehicles, or parts thereof, located upon a parcel that is: (a) zoned for agricultural use; or (b) not improved with a residential structure containing one or more dwelling units.
B. 
The ten-day notice of intention to abate and remove shall be mailed, by registered or certified mail, to the owner of the land as shown on the last equalized assessment roll and to the last registered and legal owners of record of the vehicle, or parts thereof, unless the vehicle is in such condition that identification numbers are not available to determine ownership.
C. 
The ten-day notice of intention to abate and remove, when required by this section, shall be provided in substantially the following forms:
1. 
To the owner of the land:
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 11.80.010 of the Cathedral City Municipal Code, has determined that there exists upon said land an (or parts of an) abandoned, wrecked, dismantled or inoperative vehicle registered to _____________, with a license number _____________, which constitutes a public nuisance pursuant to the provisions of Chapter 11.80 of the Cathedral City Municipal Code.
You are hereby notified to abate said nuisance by the removal of said vehicle (or said parts of a vehicle) within 10 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 Cathedral City and the costs thereof, together with administrative costs, will be assessed to you as owner of the land on which said vehicle (or parts thereof) is/are 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 10 days after the mailing of this notice of intention to abate and remove, request a public hearing by submitting a written request for a public hearing to the Director of Code Compliance or designee, for those vehicles (or parts thereof) to be removed by the Code Compliance Division or to the Police Chief or designee for those vehicles (or parts thereof) to be removed by the Police Department. (The appropriate department should specify to whom the appeal requests must be submitted.)
If a request for a public hearing is not received by the City of Cathedral City, as described above in this Notice, within said 10-day period, the Director of Code Compliance or designee for those vehicles (or parts thereof) to be removed by the Code Compliance Division or the Police Chief or designee for those vehicles (or parts thereof) to be removed by the Police Department shall have the authority to cause the abatement and removal of said vehicle (or parts thereof) as a public nuisance and shall assess all costs thereof without a public hearing.
You may submit a sworn written statement within such 10-day period denying responsibility for the presence of said vehicle (or said parts thereof) on land owned by you, with your reasons for denial. Such a statement shall be construed as a request for a 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 parts thereof) or, in lieu thereof, may present a sworn written statement described herein in time for consideration at such hearing.
If it is determined at the hearing that the vehicle (or parts thereof) was placed on your land without your consent and that you have not subsequently acquiesced to its presence, then the costs of administration or removal of the vehicle (or parts thereof) will not be assessed against your property or otherwise attempted to be collected from you.
Notice Mailed _____________ /s/_____________
2. 
To the last registered and/or legal owner of record:
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 or parts thereof - Notice should be provided to both if different)
As the last registered and/or legal owner of record of (description of vehicle including, but not limited to, make, model, license, etc.,) (or parts thereof), you are hereby notified that the undersigned, pursuant to Section 11.80.010 of the Cathedral City 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 11.80 of the Cathedral City Municipal Code.
You are hereby notified to abate said nuisance by the removal of said vehicle (or parts of a vehicle) within 10 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 Cathedral City.
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 10 days after the mailing of this notice of intention to abate and remove, request a public hearing by submitting a written request for a public hearing to the Director of Code Compliance or designee for those vehicles (or parts thereof) to be removed by the Code Compliance Division or to the Police Chief or designee for those vehicles (or parts thereof) to be removed by the Police Department (the appropriate Department should specify to whom the appeal requests must be submitted).
If a request for a public hearing is not received by the City of Cathedral City, as described above in this Notice, within said 10-day period, the Director of Code Compliance or designee for those vehicles or parts thereof to be removed by the Code Compliance Division or the Police Chief or designee for those vehicles or parts thereof to be removed by the Police Department shall have the authority to cause the abatement and removal of said vehicle (or parts thereof) as a public nuisance without a hearing.
Notice mailed _____________ /s/_____________
D. 
In accordance with state law, administration of the provisions set forth in this chapter is by regularly salaried full-time employees of the city, except that the removal of vehicles or parts thereof, from property may be performed by any other duly authorized person. Any such authorized person may enter upon private property for the purposes specified in this chapter to examine a vehicle, or parts thereof, obtain information as to the identity of a vehicle, and remove or cause the removal of a vehicle, or part thereof, declared to be a nuisance pursuant to this chapter.
(Ord. 546 §§ 2, 3, 2001; Ord. 776 § 21, 2016)
A. 
Upon receipt, within ten days from the date of mailing of the notice of intention to abate and remove, of a request for a public hearing made by the owner of the vehicle, or parts thereof, or owner of the land, the director of code compliance or designee for those vehicles, or parts thereof, to be removed by the code compliance division and the police chief or designee for those vehicles, or parts thereof, to be removed by the police department shall conduct a public hearing on the abatement and removal of the vehicle, or parts thereof, as an abandoned, wrecked, dismantled, or inoperative vehicle, or parts thereof, and, if applicable, on the assessment of the administrative costs and the cost of removal of the vehicle, or parts thereof, against the property on which said vehicle, or parts thereof, is located.
B. 
If the owner of the land submits a sworn written statement denying responsibility for the presence of the vehicle on his or her land within such ten-day period, said statement shall be construed as a request for a hearing which does not require his presence. Notice of the hearing shall be mailed, by registered mail, at least ten 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 said ten days after 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. 115 § 1, 1985; Ord. 546 §§ 4, 5, 2001; Ord. 776 § 22, 2016)
A. 
All hearings under this chapter shall be public hearings, with notice if required as determined by the director of code compliance and/or police chief, and shall be held as follows: (1) before the director of code compliance or designee for those vehicles, or parts thereof, to be removed by the code compliance division; and (2) before the police chief or designee for those vehicles, or parts thereof, to be removed by the police department. The hearing officer shall hear all facts and testimony he or she 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 private property or public property. The director of code compliance or designee for those vehicles, or parts thereof, to be removed by the code compliance division or the police chief or designee for those vehicles, or parts thereof, to be removed by the police department shall not be limited by the technical rules of evidence. The owner of the land on which the vehicle, or parts thereof, 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, or parts thereof, on the land, including his or her reasons for denial.
B. 
The director of code compliance or designee for those vehicles, or parts thereof, to be removed by the code compliance division or the police chief or designee for those vehicles, or parts thereof, to be removed by the police department 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. He or she 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 hearing, the director of code compliance or designee or the police chief or designee may determine that a vehicle, or parts thereof, located on private or public property has been abandoned, wrecked, dismantled or inoperative and order the same to be removed from the property as a public nuisance and disposed of as hereinafter provided. Thereafter, the director of code compliance or designee or the police chief or designee may order the administrative costs and the cost of removal to be charged against the owner of the parcel of land on which the vehicle, or parts thereof, is located. The order requiring removal of the vehicle, or parts thereof, 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 it is determined at the hearing that the vehicle, or parts thereof, was placed on the land without the consent of the land owner and that he or she has not subsequently acquiesced to the vehicle's presence, the director of code compliance or designee or the police chief or designee shall not assess costs of administration or removal of the vehicle, or parts thereof, against the owner of the property upon which the vehicle is located or otherwise attempt to collect such costs from such land owner.
D. 
If the owner of the land submits a sworn statement denying responsibility for the presence of the vehicle, or parts thereof, on his or her land but does not appear at the hearing, or if an interested party makes a written presentation to the director of code compliance or designee or to the police chief or designee but does not appear at the hearing, he or she shall be notified in writing of the final decision.
(Ord. 546 §§ 6, 7, 2001; Ord. 776 § 23, 2016)
The provisions of Section 1094.6 of the California Code of Civil Procedure are applicable to judicial review of decisions of the city pursuant to this chapter.
(Ord. 546 §§ 8, 9, 2001)
Five days after adoption of the order declaring the vehicle or part thereof to be a public nuisance, five days from the date of mailing of notice of the decision if such notice is required by Section 11.80.110, or fifteen days after such action of the city council authorizing removal following appeal, the vehicle or part thereof may be disposed of by removal to a scrapyard or automobile dismantler's yard. After a vehicle has been removed, it shall not be dismantled or destroyed for thirty days, during which time the registered owner of said vehicle may reclaim it upon payment of costs for removal and storage. 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 Vehicle Code, in which case the vehicle may be reconstructed or made operable.
(Ord. 115 § 1, 1985)
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, but not limited to, the registration card, certificates of ownership, or license plates.
(Ord. 115 § 1, 1985)
If the administrative costs and the cost of removal which are charged against the owner of a parcel of land pursuant to Section 11.80.110 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 county auditor for collection. The assessment shall have the same priority as other city taxes.
(Ord. 115 § 1, 1985)
It is unlawful for any person to abandon, park, store, or leave or permit the abandonment, parking, storage or leaving of any licensed or unlicensed vehicle, or parts thereof, which is in an abandoned, wrecked, dismantled, or inoperative condition upon any private or public property, not including highways as that term is defined in this chapter, within the city for a period in excess of two days 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, or parts thereof, is stored or parked in a lawful manner on private property in connection with the business of a licensed dismantler, licensed vehicle dealer, or a junkyard.
(Ord. 546 §§ 10, 11, 2001)
It is unlawful for any person to fail or refuse to remove an abandoned, wrecked, dismantled, or inoperative vehicle, or parts 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. 546 §§ 10, 11, 2001)
A violation of Section 11.80.160 or 11.80.170 of this chapter by the person responsible for committing, causing or maintaining such violation shall constitute a public nuisance which shall be subject to the provisions set forth in Chapter 13.80.
(Ord. 546 § 11, 2001)
A violation of Section 11.80.160 or 11.80.170 of this chapter by the person responsible for committing, causing or maintaining such violation shall constitute an infraction violation which shall be subject to the provisions set forth in Chapter 13.65, including, but not limited to, the imposition of any and all criminal penalties set forth therein.
(Ord. 546 § 11, 2001)
Any person convicted of an infraction shall, for each separate violation of this chapter, be subject to: (a) a fine in an amount not to exceed two hundred fifty dollars for a first conviction of an offense; (b) a fine in an amount not to exceed five hundred dollars for a second conviction of the same offense within a twelve-month period of the date of the first offense; and (c) a fine in an amount not to exceed seven hundred fifty dollars for the third conviction of the same offense within a twelve-month period of the date of the first offense. The fine for a fourth and subsequent convictions of the same offense within a twelve-month period of the date of the first offense shall be one thousand dollars.
(Ord. 546 § 11, 2001)
The city may issue an administrative citation in lieu of an infraction citation, pursuant to Chapter 13.58, to any person responsible for committing, causing or maintaining a violation of Section 11.80.160 or 11.80.170 of this chapter. Nothing in this section shall preclude the city from also issuing an infraction citation upon the occurrence of the same offense on a separate day.
(Ord. 546 § 11, 2001)
Nothing in this chapter shall preclude the city from pursuing the remedies provided by Chapter 13.140, including, but not limited to, as applicable, denial or revocation of certificates of occupancy, issuance or stop work orders and injunctive relief.
(Ord. 546 § 11, 2001)