This chapter of the West Hollywood Municipal Code may be cited as the "Abandoned Vehicle Ordinance" of the City of West Hollywood.
(Prior code § 41000; Ord. 89-221 § 1, 1989)
In addition to and in accordance with the determination made and the authority granted by the State of California under Section 22660 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 hereby 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 parts thereof, on private or public property not including highways, except as expressly hereafter permitted, is hereby declared to constitute a public nuisance which may be abated as such in accordance with the provisions of this chapter.
(Prior code § 41001; Ord. 89-221 § 1, 1989)
As used in this chapter, unless the context otherwise clearly indicates, the following words and phrases are defined as follows:
shall mean the voluntary relinquishment or possession of a vehicle without any intent or affirmative effort on the part of the owner thereof to reclaim it.
shall mean the Director of Community Development or the person designated in writing by the Director of Community Development to act on such Director's behalf.
shall mean 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.
shall mean the owner of the land on which the vehicle, or parts thereof, is located, as shown on the last equalized assessment roll.
shall mean that last registered owner and legal owner of record.
does not include "highway."
shall mean a device by which any person or property may be propelled, moved, or drawn upon a highway except a device designed to be moved by human or animal power or used exclusively upon stationary rails or tracks.
(Prior code § 41010; Ord. 89-221 § 1, 1989)
a.
The provisions of this chapter shall apply to abandoned, wrecked, dismantled or inoperative vehicles, or parts thereof.
b.
This chapter shall not apply to:
1.
A vehicle, or parts 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; or
2.
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, a junk dealer, or when such storage or parking is necessary to the operation of a lawfully conducted business or commercial enterprise; or
3.
A vehicle or parts thereof which is directly behind a solid fence six feet in height or which is not plainly visible from a highway.
Nothing in this section shall authorize the maintenance of a public or private nuisance as defined under provisions of law or ordinance other than Chapter 10 (commencing with Section 22660) of Division 11 of the Vehicle Code and this chapter. |
(Prior code § 41011; Ord. 89-221 § 1, 1989)
Except as otherwise provided herein, the provisions of this chapter shall be administered and enforced by the Director of Community Development.
a.
Upon discovering the existence of an abandoned, wrecked, dismantled, or inoperative vehicle, or parts thereof, on private property or public property within the City of West Hollywood, the Director of Community Development shall have the authority to cause the abatement and removal thereof in accordance with the procedure prescribed herein.
b.
In the enforcement of this chapter, the Director of Community Development or the person(s) designated by the Director of Community Development may enter upon private or public property to examine a vehicle or parts thereof, 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 chapter.
c.
The Director of Community Development shall from time to time determine and fix an amount to be assessed as administrative costs (excluding the actual cost of removal of any vehicle or parts thereof) under this chapter.
(Prior code § 41012; Ord. 89-221 § 1, 1989)
It shall be unlawful and a misdemeanor for any person to abandon, park, store or leave, or permit the abandonment, parking, storing or leaving of any vehicle, or parts thereof, which is subject to removal under the provisions of this chapter for a period in excess of ten days.
(Prior code § 41013; Ord. 89-221 § 1, 1989)
A ten-day notice of intention to abate and remove the vehicle, or parts thereof, as a public nuisance shall be mailed by registered mail to the owner of the land to the last registered and legal 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 form set out in Section 10.20.150 of this chapter. However, the ten-day notice of intention to abate and remove the vehicle or parts thereof shall not be required if both the property owner and the owner of the vehicle have signed releases authorizing removal and waiving further interest in the vehicle or parts thereof.
The ten-day notice shall not be required for removal of a vehicle or part thereof which is located upon a parcel which is not improved with a residential structure and which is inoperable due to the absence of a motor, transmission, or wheels and incapable of being towed, is valued at less than $200 by a person specified in Vehicle Code Section 22855, and is determined by the Director of Community Development 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 part thereof. Prior to final disposition under Section 10.20.120 of such a low-valued vehicle or part for which evidence of registration was recovered, the local agency shall provide notice to the registered and legal owners of intent to dispose of the vehicle or part, and if the vehicle or part is not claimed and removed within twelve days after the notice is mailed, from a location specified in Section 10.20.120, final disposition may proceed. Neither the city nor a contractor thereof shall be liable for damage caused to a vehicle or part thereof by removal pursuant to this paragraph.
(Prior code § 41020; Ord. 89-221 § 1, 1989)
If a request by the owner of the vehicle or the owner of the property on which the vehicle is located is received by the Director of Community Development within ten days after the mailing of the notices of intention to abate and remove, a public hearing shall be held by the Director of Community Development 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 the administrative costs and the cost of removal of the vehicle or parts thereof against the property on which it is located.
a.
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 or her presence.
b.
If such 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.
c.
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.
(Prior code § 41021; Ord. 89-221 § 1, 1989)
All hearings pursuant to this chapter shall be held before the Director of Community Development who shall hear all facts and testimony such Director deems pertinent. Said facts and testimony may include testimony of the condition of the vehicle or parts thereof and the circumstances concerning its location on the private property or public property. The Director of Community Development 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 or her reasons for such denial.
(Prior code § 41022; Ord. 89-221 § 1, 1989)
a.
The Director of Community Development may authorize such action as such Director deems appropriate under the circumstances to carry out the purpose of this chapter. The Director of Community Development may delay the time for removal of the vehicle or parts thereof if, in the Director's opinion, the circumstances justify it. At the conclusion of the public hearing, the Director of Community Development 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 disposed of as hereinafter provided and determine the administrative costs and the costs of removal which are 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.
b.
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 the owner of the land has not subsequently acquiesced in its presence, the Director of Community Development 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 the owner of the land.
c.
If an interested party makes a written presentation to the Director of Community Development but does not appear at the hearing, he or she shall be notified in writing of the decision.
(Prior code § 41023; Ord. 89-221 § 1, 1989)
Any interested party may appeal a decision of the Director of Community Development to the City Council by filing a written notice of appeal with the City Clerk within five days after the Director's decision.
(Prior code § 41024; Ord. 89-221 § 1, 1989)
a.
Five days after adoption of the order declaring the vehicle or parts thereof to be a public nuisance, five days from the date of mailing of notice of the decision by the Director of Community Development if such notice is required by subsection (c) of Section 10.20.100, or fifteen days after action by the City Council authorizing removal following an appeal, whichever is later, the vehicle or parts thereof may be disposed of by removal to a scrapyard or automobile dismantler's yard, or any suitable site operated by a local authority for processing of scrap.
b.
After a vehicle has been removed it 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 Vehicle Code Section 5004, in which case the vehicle may be reconstructed or made operable.
c.
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 to remove or cause the removal of a vehicle or parts thereof declared to be a nuisance pursuant to this chapter.
(Prior code § 41025; Ord. 89-221 § 1, 1989)
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 part(s) removed. At the same time there shall be transmitted to the Department of Motor Vehicles any evidence of registration including, but not limited to, the registration card, certificates of ownership and license plates.
(Prior code § 41026; Ord. 89-221 § 1, 1989)
If the administrative costs and the cost of removal are charged against the owner of land pursuant to Section 10.20.100 and 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 tax collector for collection.
(Prior code § 41027; Ord. 89-221 § 1, 1989)
The notices of intention to abate and remove a vehicle as required in Section 10.20.070 shall be in 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 land] |
As owner of the land located at ___________, as shown on the last equalized assessment roll, you are hereby notified that the undersigned has determined that there exists upon said land an (or parts of an) abandoned, wrecked, dismantled or inoperative vehicle registered to ________, license number __________, which constitutes a public nuisance pursuant to the provisions of Chapter 10.20 of the West Hollywood Municipal Code. |
You are hereby notified to abate such 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 West Hollywood 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. |
You are hereby notified that you may, within 10 days after the mailing of this notice of intention, request a public hearing before the Director of Community Development and if such a request is not received by the Director of Community Development within such 10-day period, the Director of Community Development 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 10-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 considered 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. |
_________________________________________ DIRECTOR OF COMMUNITY DEVELOPMENT CITY OF WEST HOLLYWOOD |
Notice Mailed: ________________ [date] |
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 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 10.20 of the West Hollywood Municipal Code. |
You are hereby notified to abate such 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, you are hereby notified that you may, within 10 days after the mailing of this notice of intention, request a public hearing before the Director of Community Development and if such a request is not received by the Director of Community Development within such 10-day period, the Director of Community Development shall have the authority to abate and remove said vehicle (or said parts of a vehicle) without a hearing. |
Once the vehicle has been removed by the City, it shall not be reconstructed or made operative unless it is a vehicle that qualifies for either horseless carriage license plates or historical vehicle license plates. |
_________________________________________ DIRECTOR OF COMMUNITY DEVELOPMENT CITY OF WEST HOLLYWOOD |
Notice Mailed: _______________ [date] |
Registered Letter Number _____________ |
(Prior code § 41028; Ord. 89-221 § 1, 1989)