This chapter is intended to provide a procedure for the abatement
of abandoned, wrecked, dismantled and inoperable vehicles, and vehicle
parts, and is enacted under the authority of the Huntington Beach
Charter and Section 22660 of the California Vehicle Code.
It is the intent of the City Council to provide that the abatement
of public nuisances consisting of abandoned, wrecked, dismantled and
inoperable vehicles may be carried on either concurrently with or
separately from the abatement of other conditions, if any, constituting
a public nuisance on any premises within the City, as deemed appropriate
under the circumstances.
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For the purposes of this chapter, the following terms shall
mean as follows, unless the context in which they are used clearly
indicates to the contrary:
means a vehicle abandoned on a street, public property or
private property in such an inoperable or neglected condition and
the Director determines that the owner relinquished all rights or
interest in the vehicle.
means the Director of the Department of Community Development,
or designee.
means any vehicle which is partially or wholly disassembled.
means any vehicle in a condition that renders it unable to
drive or unsafe for operation upon a street, or in which operation
upon a street would violate the vehicle Code or any other law or regulation
related to the operation of vehicles upon a street in the City of
Huntington Beach or the State of California.
is any property owned by the City, or any State, County or
local government agency. Public property does not include a street.
means any highway, sidewalk, alley or right-of-way dedicated
to the public, or maintained as private.
generally means a device, or substantial part of a device
by which any person or property may be propelled, moved or drawn upon
a street, except a device moved by human power or used exclusively
upon stationary rails or tracks. The term "vehicle" includes automobiles,
tractors, boats, motorcycles, special purpose vehicle, etc. as well
as trailers designed for carrying persons or property on its own structure
and for being drawn by a motor vehicle and so constructed that no
part of its weight rests upon any other vehicle. The term "vehicle"
includes any abandoned, dismantled, inoperable, wrecked or part of
a vehicle.
includes, but is not limited to, any item, device, component,
frame, bumper, wheel or glass associated with a vehicle.
means any vehicle, or a substantial part of a vehicle that
is damaged to such an extent that it cannot be operated upon the street.
A vehicle which has been wrecked in a traffic accident, and which
has been removed from the street to a storage facility, but which
has not been claimed by its owner, is not an abandoned vehicle.
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This chapter shall not apply to:
A.
A vehicle
or vehicle part, 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 vehicle part 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.
These
exceptions shall not authorize the maintenance of a public or private
nuisance as defined under provisions of law other than this chapter.
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Except as otherwise provided herein, both the Police Chief and
the Director of Community Development may administer and enforce the
provisions of this chapter.
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Upon discovery of an abandoned, wrecked, dismantled or inoperable
vehicle or vehicle part, the City may issue a 10-day notice of intention
to abate and remove the vehicle or vehicle part as a public nuisance.
The notice 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 owner of record of the vehicle, unless
the vehicle is in such condition that the identification number is
not available to determine ownership.
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A notice of intention to abate shall not be required:
A.
If the
property owner and the owner of the vehicle have signed releases authorizing
removal and waiving further interest in the vehicle or vehicle part.
B.
The
vehicle is located upon a parcel that either is zoned for agricultural
use or is not improved with a residential structure containing one
or more dwelling units and:
1.
The
vehicle or vehicle part is inoperable due to the absence of a motor,
transmission, or wheels and is incapable of being towed;
2.
The
vehicle or vehicle part is valued at less than $200.00 by the Director;
3.
The
Director has determined that the vehicle or vehicle part is a public
nuisance presenting an immediate threat to public health and safety;
4.
The
property owner has signed a release authorizing the removal and waiving
further interest in the vehicle or vehicle part.
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If a vehicle is removed pursuant to this section, prior to final
disposition, the registered or legal owner shall be notified of the
intent to dispose of the vehicle or vehicle part. If the vehicle or
vehicle part is not claimed and removed from the scrapyard, automobile
dismantler's yard or public disposal area within 12 days after the
notice to dispose of the vehicle is mailed, final disposition may
proceed.
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A.
If the
vehicle owner or the owner of the property where the vehicle is located
requests a hearing within 10 days of mailing the notice of intention
to abate, the Director shall conduct a public hearing. The landowner
and/or vehicle owner 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
and his or her reasons for such denial.
B.
At the
public hearing, the Director shall hear all relevant facts and testimony.
The Director shall determine two questions:
1.
Whether
the vehicle or vehicle part is abandoned, wrecked, dismantled, or
inoperable vehicle or vehicle part such that it is a public nuisance.
2.
Whether
the City should assess the administrative costs and the costs of removal
of the vehicle, or vehicle part, against the property on which it
is located in consideration of the circumstances that lead to the
vehicle or vehicle part being located on the property.
C.
If the
City does not receive a request for a hearing within 10 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 vehicle part,
as a public nuisance without holding public hearing.
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A.
At the
conclusion of the public hearing, the Director may find that a vehicle
or vehicle part has been abandoned, wrecked, dismantled, or inoperable
such that it is a public nuisance and ordered removal or disposal,
and determine the administrative costs and the cost of removal and
disposal to be charged against the responsible person. The order requiring
removal shall include a description of the vehicle, or vehicle part,
and the correct identification number and license number of the vehicle,
if available at the site.
B.
The
Director shall not assess the costs of administration or removal of
the vehicle or vehicle part against the property upon which the vehicle
or vehicle part is located if he or she determines that the vehicle
or vehicle part was placed on the property without the owner's consent.
C.
Any
interested party makes a written statement to the Director but does
not appear, he or she shall be notified in writing of the decision.
D.
The
Director's decision shall be final and set forth in an order that
is mailed to both the owner of the property and the owner of the vehicle
or vehicle part. The order shall specify that the vehicle or vehicle
part shall be removed from the property within 15 days of the mailing
of the order to the property owner and owner of the vehicle or vehicle
part.
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The Director will provide notice to the DMV identifying the
vehicle removed, or the parts thereof within five days after removal.
The Director shall also transmit to the DMV any evidence of registration
available, including, but not limited to, the registration card, certificates
of ownership, and license plates.
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If the administrative costs and the cost of removal which are
charged against the owner of a parcel of land pursuant to this chapter
are not paid within 30 days of the date of the order, 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.
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It is unlawful and an infraction for any person to abandon or
fail or refuse to remove an abandoned, wrecked, dismantled or inoperative
vehicle or part thereof or refused to abate such nuisance when ordered
to do so in accordance with the abatement provisions of this chapter
or state law where such law is applicable.
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