City of Inglewood, CA SPECIAL PROVISIONS AND REQUIREMENTS

The term "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.

The term "abandoned" means that the owner or operator has voluntarily and permanently relinquished physical possession without transferring such possession to another, with no apparent intention or ability to reclaim it.

The term "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.

The term "public property" does not include "highway."

The term "owner of the property" means the owner of the property on which the vehicle, or parts thereof, is located, as shown on the last equalized assessment roll.

The term "owner of the vehicle" means the last registered owner and/or legal owner of record.

(Ord. 08-24 11-18-08)

§ 11-90.1 Exceptions.

This Section shall not apply to:

A vehicle, or parts thereof, which is completely enclosed within a building in a lawful manner and not visible from the street or other public or private property; or

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 salvage dealer, or when such storage or parking is necessary to the operation of a lawfully conducted business or commercial enterprise.

(Ord. 08-24 11-18-08)

§ 11-90.2 Regulations Not Exclusive.

This Article 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. 08-24 11-18-08)

§ 11-90.3 Same. Administration.

Except as otherwise provided herein, the provisions of this Section shall be administered and enforced by the City Administrator or designee. In the enforcement of this Section, such officer and those City employees which he or she may designate may enter upon private property with permission of the occupant thereof, or absent such permission, pursuant to an inspection warrant issued in accordance with the provisions of Code of Civil Procedure Sections 1822.5 through 1822.56, 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 Section.

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 came the removal of a vehicle or parts thereof declared to be a nuisance pursuant to this Section.

The City Council shall, from time to time, determine and fix a amount to be assessed as administrative costs (excluding the actual cost of removal of any vehicle or parts thereof) under this Section.

(Ord. 08-24 11-18-08)

§ 11-90.4 Authority to Remove.

Upon being apprised, or discovering the existence, of an abandoned, wrecked, dismantled, or inoperative vehicle, or parts thereof, on private property or public property within the City, any member of the Code Enforcement Division of the City shall have the power to cause the abatement and removal thereof in accordance with the procedure prescribed herein.

(Ord. 08-24 11-18-08)

§ 11-90.5 Notice.

A ten-day notice of intention to abate and remove the vehicle, or parts thereof, as a public nuisance shall be mailed by United States mail postage prepaid to the owner of the property and to the registered 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:

A. 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 property)
As owner shown, on the last equalized assessment roll of the property located at (address), you are hereby notified that the undersigned pursuant to Sections 11-90 through 11-90.4, inclusive of the Inglewood Municipal Code, has determined that there exists upon said property, an abandoned, wrecked, dismantled or inoperative vehicle (or parts thereof) registered to _____, license number _____, which constitutes a public nuisance pursuant to the provisions of the Inglewood Municipal Code.
You are hereby notified to abate said nuisance by the removal of said vehicle (or parts) 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 and the costs thereof, together with administrative costs, assessed to you as owner of the property on which said vehicle (or parts) is located.
As owner of the property on which said vehicle (or parts) is located, you are hereby notified that you may, within 10 days after the mailing of this notice of intention, request in writing a public hearing and if such a request is not received by the City Administrator or designee within such ten-day period, any City Employee he or she may designate shall have the power to abate and remove such vehicle (or parts) as a public nuisance and assess the costs aforesaid without a public hearing. If you are not responsible for the presence of said vehicle (or parts), you may submit a written declaration under penalty or perjury within such ten-day period denying responsibility and stating your reasons for denial. Such a declaration shall be construed as a request for hearing but your presence will not be required. Otherwise you or your representative must appear at the hearing.
Notice Mailed. Postage prepaid, __________________
(Date)
Signed_____________________________________
(Code Enforcement Manager/Superintendent)
Addressed as follows:_________________________
__________________________________________
_____ By__________________________________

B. 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 vehicles—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 and each of you are hereby notified that the undersigned pursuant to Sections 11-90 through 11-90.1, inclusive of the Inglewood Municipal Code has determined that said vehicle (or parts 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 the Municipal Code.

You and each of you are hereby notified to abate said nuisance by the removal of said vehicle (or parts) within 10 days from the date of mailing of this notice.

As registered and/or legal owner of record of said vehicle (or parts), you and each of you are hereby notified that you may, within 10 days after the mailing of this notice of intention, request in writing a public hearing and if such a request is not received by the City Administrator or designee within such ten-day period, any police officer of the City shall have the power to abate and remove said vehicle (or parts) without a hearing.

Notice Mailed. Postage prepaid on ________________

Signed _____________________________________

(Code Enforcement Manager/Superintendent)

Addressed as follows:_________________________

___________________________________________

_____ By __________________________________

(Ord. 08-24 11-18-08)

§ 11-90.6 Hearing.

Upon written request by registered owner of the vehicle or owner of the property being received by the City Administrator or designee within ten days after the mailing of the notices of intention to abate and remove, a public hearing shall be held by the City Administrator or designee 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 administrative costs and the property on which it is located.

If the owner of the property submits a written declaration under penalty of perjury denying responsibility for the presence of the vehicle on his or her property within such ten-day period, said statement shall be construed as a request for a hearing at which the property owner's presence will not be required.

Notice of hearing shall be mailed, by United States mail, postage prepaid, at least ten days before the hearing date, to the owner of the property and to the last registered and/or legal owner of record of the vehicle; unless the vehicle is in such condition that identification numbers are not available to determine ownership.

If a request for hearing is not received within 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.

All hearings under Section 3299 shall be held before the City Administrator or designee or such officer of his or her department as he or she shall designate, who 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 said private property or public property. The Hearing Officer shall not be limited by technical rules of evidence.

The Hearing Officer 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 Article. He or she may consider the possible value of the vehicle as an antique, classic, or special interest car which should be preserved if its objectionable aspects can be overcome. He or she may order the car concealed, cleaned, or otherwise made safe and sightly, or order removal delayed if the circumstances warrant. 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 dispose of as hereinafter provided and determine the administrative costs and the cost of removal to be charged against the owner of the property. 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.

It is determined at the hearing that the vehicle was placed on the property without the consent of the owner of the property and that he or she 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 property.

(7)

If the owner of the property submits a sworn statement denying responsibility for the presence of the vehicle on his or her property but does not appear, or if any interested party makes a written presentation to the City Administrator or designee but does not appear, he or she shall be notified in writing of the decision.

(Ord. 08-24 11-18-08)

§ 11-90.7 Same. Appeal.

Any interested party may appeal the decision of the Hearing Officer by filing a written notice of appeal with the City Clerk within five days after its 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 Clerk shall give written notice of the time and place of the hearing to those persons specified in Section 11-90.6.

In conducting the hearing, the City Council shall not be limited by the technical rules of evidence.

(Ord. 08-24 11-18-08)

§ 11-90.8 Same. Removal of Vehicle.

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 11-90.6(2), the vehicle or parts thereof may be disposed of by removal to a scrap yard or automobile dismantler's yard. After a vehicle has been removed it shall not thereafter be reconstructed or made operable.

(Ord. 08-24 11-18-08)

§ 11-90.9 Same. Notice to Department of Motor Vehicles.

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 places.

(Ord. 08-24 11-18-08)

§ 11-90.10 Same. Costs.

If the administrative costs and the cost of removal which are charged against the owner of a parcel of land pursuant to Section 11-90.6(1) are not paid within thirty days of the order, such costs shall be assessed against the parcel of property 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. 08-24 11-18-08)

§ 11-90.11 Same. Misdemeanor.

It is unlawful for any person to abandon, park, store, or leave or permit the abandonment, parking, storing or leaving of any licensed or unlicensed vehicle or parts 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 five days unless such vehicle or parts 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 private property in connection with the business of a licensed dismantler, licensed vehicle dealer or a junkyard.

(Ord. 08-24 11-18-08)

§ 11-91 Weeds and Waste.

It shall be the mutual or joint duty of the contractor and/or other holder of a Building, Construction or Demolition Permit, and the property owner, and of the agent of the owner, and of the lessee, and of the occupant or person in possession of any lot, parcel, tract or piece of land, improved or unimproved, in the City to at once remove from the property and the sidewalk abutting or adjoining such lot, parcel, tract or piece of land, all construction dirt, construction debris, earth, soil, grass weeds, dead trees, tin cans, rubbish, refuse and waste material of all kinds and other unsanitary substances or objects which may endanger or injure neighboring property, or the health, safety or welfare of the residents of the vicinity of said property, lands or lots, or obstruct such sidewalks and thereby endanger or injure persons traveling thereon.

(Ord. 08-24 11-18-08)

§ 11-92 Building, Construction and Demolition Activities.

No person, firm, association or corporation shall commence any building construction, or demolition activities until he or she has first obtained the appropriate building, construction or demolition permit from the City Administrator or designee. The City Administrator or designee may, at his or her discretion based upon the scope of the proposed activities, require the applicant prior to the issuance of any such permit to submit a written plan of his or her proposed activities including, but not limited to, how he or she will mitigate any inconvenience, dust, or potential harmful effects to the public during the construction or demolition activities, how he or she will dispose of construction earth, dirt, dust, or weeds, waste, and any other requirements necessary to protect the public from the potential harmful effects of said building, construction, or demolition activities.

(Ord. 08-24 11-18-08)

§ 11-93 Vacant and Abandoned Buildings.

No person, firm, association or corporation shall erect, install, place, or maintain boards over the doors, windows or other openings of any building or structure, or otherwise secure such openings by a means other than the conventional method used in the original construction and design of the building of structure except in compliance with this Section.

The boarding of the doors, windows, or other openings of any building or structure, or any means of securing such openings, other than by the conventional method used in the original construction and design of the building or structure, shall comply with the following minimum standards:

(a)

Securing by Boarding.

(i)

Windows. Windows and similar openings shall be boarded with exterior grade plywood. Vent holes may be required, as deemed necessary by the City Administrator or designee.

(ii)

Exterior Doors. Exterior doors shall be boarded with exterior grade plywood.

(iii)

Painting of Boarded Openings. All boarded openings shall be painted with a minimum of one coat of exterior paint which is of a color consistent with the exterior color of the building or structure. All structures shall be maintained free of graffiti or other objectionable visual matter.

(b)

Alternative Methods of Securing a Building. The City Administrator or designee may approve in writing alternative methods of securing a vacant and unoccupied building or structure. In making the determination to approve any alternative method, the City Administrator or designee shall consider the aesthetics, design, and other impacts of such method on the immediate neighborhood and the extend to which such method provides adequate and long-term security against the unauthorized entry to the property.

Additional Requirements. In connection with the boarding of the doors, windows or other openings of any building or structure or any means of securing such openings, other than by the conventional method used in the original construction and design of the building or structure, the City Administrator or designee may also require the owner to comply with the following requirements:

(a)

The sewer shall be capped in a manner approved by the City Administrator or designee so as to prevent the accumulation of methane gas in the building or structure.

(b)

If the City Administrator or designee deems it necessary to abate the attractive nuisance or safety hazard, the interior of the building or structure shall be cleared and cleaned of all trash, junk, garbage, debris and solid waste; and personal possessions shall be removed from the interior of the building or structure, so as to eliminate any fire or health hazard and prevent hindrance to firefighting equipment or personnel in the event of fire.

(c)

The exterior grounds of the property shall be kept clear of all trash, junk, garbage, debris and solid wastes, so as to eliminate any fire, health hazard or visual blight.

(Ord. 08-24 11-18-08)

§ 11-94 Dangerous Buildings Code Amended.

The Uniform Code for the Abatement of Dangerous Buildings, 1997 Edition as adopted by reference by Section 11-2 of Article 2 of this Code, is hereby amended as follows:

Section 202.1 of the Uniform Code for the Abatement of Dangerous Buildings is added to read as follows:

Whenever the City Administrator or designee determines by inspection that a structure constitutes an immediate hazardous condition, the City Administrator or designee shall first make a reasonable effort to locate and notify the owner or other person having charge or control of the structure. If neither can be located, the City Administrator or designee shall issue an order directed to the owner or other person in control of the structure to have the hazardous condition either removed or repaired immediately. If no one in charge can be located, the City Administrator or designee shall order the hazardous condition abated either by City personnel or by a private contractor.

Section 205.1 and 205.2 of the Uniform Code for the Abatement of Dangerous Buildings is amended to read as follows:

Where the words "Board of Appeals" appears, it shall be amended to read "Construction and Appeals Board."

Section 801.1 of the Uniform Code for the Abatement of Dangerous Buildings is amended to read as follows:

When any work or repair or demolition is to be done pursuant to Section 701.3, Item 3 of this Code, the City Administrator or designee shall issue an order therefor and the work shall be accomplished by City personnel or by private contractor. Plans and specifications therefore may be prepared by architectural and engineering assistance on a contract basis. If any part of the work is to be accomplished by private contract, standard contractual procedures shall be followed.

Section 801.2 of the Uniform Code for the Abatement of Dangerous Buildings is amended to read as follows:

The cost of such work may be paid from the demolition and repair fund by a special assessment against the property involved, or may be made a personal obligation of the property owner, whichever the City Council shall determine is appropriate.

Section 802.1 of the Uniform Code for the Abatement of Dangerous Buildings is amended to read as follows:

The legislative body may establish a special revolving fund to be designated as the repair and demolition fund. Payments may be made out of said fund upon the demand of the City Administrator or designee to defray the costs and expenses which may be incurred by this jurisdiction in doing or causing to be done the necessary work of repair or demolition of dangerous buildings.

Section 901 of the Uniform Code for the Abatement of Dangerous Buildings is amended to read as follows:

Where the words "Director of Public Works" appears, it shall be amended to read "City Administrator or designee."

(Ord. 08-24 11-18-08)

§ 11-95 Time Limits for Correction of Property Maintenance Violations.

The time limits for the correction of property maintenance violations of Articles 11 and 11.1 of this Chapter shall be as follows:

Time Limits. General. Unless otherwise specified in this Chapter the correction of any property maintenance violations shall be made within a reasonable period of time as required by the city, and in no event more than thirty days of receipt of proper service unless an extension for good cause is granted by the City Administrator or designee.

Time Limits. Abandoned Vehicles. Abandoned vehicles shall be removed within ten days from the date of the mailing of the notice to remove unless a timely appeal is filed.

Time Limits. Weeds and Waste. Weeds and waste shall be removed within ten days of receipt of verbal or written or posted notice. The filing of an appeal shall not in any manner negate the obligation to remove weeds and waste from the property within a reasonable period of time, as determined by the City Administrator or designee, while the appeal is pending.

Time Limits. Building, Construction and Demolition Debris. Building, construction and demolition debris remaining for an unreasonable period of time, before, during or after construction or demolition activities shall be removed within thirty days of the date of mailing of the notice to remove. The filing of an appeal shall not in any manner negate the obligation to remove building, construction and demolition debris from the property within a reasonable period of time, as determined by the City Administrator or designee, while the appeal is pending.

Time Limits. Dangerous Buildings. Danger conditions of buildings shall be corrected within sixty days of the date of mailing of the notice to remove. The filing of an appeal shall not in any manner negate the obligation to abate the condition within a reasonable period of time, as determined by the City Administrator or designee, while the appeal is pending.