Note: Prior history: Prior code Sections 32-14—32-16 and Ords. 444 and 931.
For the purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section:
A. 
"Abandoned vehicle" means any abandoned, wrecked, dismantled or inoperative vehicle or part thereof.
B. 
"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.
C. 
"Inoperative vehicle" means:
1. 
Any vehicle or parts thereof which is physically incapable of movement under its own power, or which lacks wheels, tires, doors, windshield, or any other part or equipment necessary to operate safely on a highway; or
2. 
Any vehicle or part thereof which is not currently registered for use on a highway and shows one or more indicators of either an abandoned, inoperative, and/or contributor to health, safety, or nuisance conditions.
D. 
"Public property" does not include highway.
E. 
"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. 1010 § 1, 1994; Ord. 1285, 2021)
In addition to and in accordance with the determination made and the authority granted by the state under Section 22660 of the California Vehicle Code to remove abandoned or inoperative vehicles as public nuisances, the city council makes the following findings and declarations:
The accumulation and storage of abandoned or inoperative vehicles on private or public property 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, 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 or inoperative vehicle on private or public property, except as expressly permitted in this chapter, is declared to constitute a public nuisance which may be cited or abated as such in accordance with the provisions of this chapter.
(Ord. 1010 § 1, 1994)
This chapter shall not apply to:
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 or private property;
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;
C. 
A vehicle or part thereof which is located behind a solid fence six feet in height or which vehicle is not plainly visible from the highway;
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 California Vehicle Code and this chapter.
(Ord. 1010 § 1, 1994)
This chapter is not the exclusive regulation of abandoned 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. 1010 § 1, 1994)
Upon discovering the existence of an abandoned or inoperable vehicle on private or public property within the city, the hearing officer as designated by the city manager shall have the authority to cause the abatement and removal thereof through city forces or private contract in accordance with the procedure prescribed herein.
(Ord. 1010 § 1, 1994)
A ten-day notice of intention to abate and remove the vehicle 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, unless the vehicle is in such condition that identification numbers are not available to determine ownership. The notices of intention shall be in substantially the following forms:
NOTICE OF INTENTION TO ABATE AND REMOVE AN ABANDONED OR INOPERATIVE VEHICLE OR PARTS THEREOF AS A PUBLIC NUISANCE
(Name and address of the 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 has determined that there exists upon said land an (or parts of an) abandoned or inoperative vehicle registered to __________, license number __________, which constitutes a public nuisance pursuant to the provisions of Chapter 10.40 of the San Dimas 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 San Dimas 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 10 days after the mailing of this notice of intention, request a public hearing and if such a request is not received by the (hearing body or officer) within such ten-day period, the (locally designated officer) 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)(locally designated officer)
NOTICE OF INTENTION TO ABATE AND REMOVE AN ABANDONED 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 (section of ordinance or municipal code) has determined that said vehicle (or parts of a vehicle) exists as an abandoned or inoperative vehicle at (describe location on public or private property) and constitutes a public nuisance pursuant to the provisions of Chapter 10.40 of the San Dimas 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.
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, request a public hearing and if such a request is not received by the (hearing body or officer) within such ten-day period, the (locally designed officer) shall have the authority to abate and remove said vehicle (or said parts of a vehicle) without a hearing.
Notice Mailed_____/_________________________
(date)(locally designated officer)
(Ord. 1010 § 1, 1994)
A. 
Upon request by the owner of the vehicle or owner of the land received by the community development department within ten days after the mailing of the notices of intention to abate and remove, a public hearing shall be held by the designated hearing officer on the question of abatement and removal of the vehicle as an abandoned 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 of the presence of the vehicle on his land within such ten-day period, the 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 or certified 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. 1010 § 1, 1994)
A. 
All hearings under this chapter shall be held before the designated hearing officer who shall hear all facts and testimony pertinent to the matter. The facts and testimony may include testimony on the condition of the vehicle, or parts thereof, and the circumstances concerning its location on said private property or public property. The designated hearing officer shall not be limited by the technical rules of evidence. 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 reasons for such denial.
B. 
The designated hearing officer may impose such conditions and take such other action as he deems appropriate under the circumstances to carry out the purpose of this chapter. He may delay the time for removal of the vehicle or parts thereof if, in his opinion, the circumstances justify it. At the conclusion of the public hearing, the hearing officer may find that a vehicle has been abandoned 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 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 it is determined at the hearing that the vehicle was placed on the land without the consent of the owner of the land and that he has not subsequently acquiesced in its presence, the hearing officer shall not assess the 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 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 land but does not appear or if an interested party makes a written presentation to the community development department but does not appear, he shall be notified in writing of the decision.
(Ord. 1010 § 1, 1994)
A. 
Any interested party may appeal the decision of the hearing officer by filing a written notice of appeal with the community development department within ten days after the decision.
B. 
Such appeal shall be heard by the city council which may affirm, amend or reverse the order or take other actions deemed appropriate.
C. 
The city clerk shall give written notice of the time and place of the hearing to the appellant and those persons specified in Section 10.40.080.
D. 
In conducting the hearing, the city council shall not be limited by the rules of evidence.
(Ord. 1010 § 1, 1994)
Ten days after adoption of the order declaring the vehicle or parts thereof to be a public nuisance, ten days from the date of mailing of notice of the decision if such notice is required by Section 10.40.110 or fifteen days after such action by the city 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 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. 1010 § 1, 1994)
Within five days after the date of removal of a vehicle, notice shall be given to the Department of Motor Vehicles, identifying the vehicle or part thereof and any evidence of registration available, including, but not limited to, the registration card, certificates of ownership, or license plates.
(Ord. 1010 § 1, 1994)
If the administrative costs of removal which are charged against the owner of a parcel of land pursuant to Section 10.40.100 are not paid within thirty days of the date of the order, or the final disposition of any 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. The assessment shall have the same priority as other city taxes.
(Ord. 1010 § 1, 1994)
A. 
Except as otherwise provided, the provisions of this chapter shall be administered and enforced by the community development director and the hearing officer designated by the city manager.
B. 
Any authorized official or employee of the city 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. 1010 § 1, 1994)