The purpose of this chapter is to provide for the abatement and removal as public nuisances of abandoned, wrecked, dismantled or inoperative vehicles, or parts thereof, from private property or public property, not including highways, and to enable the city to recover costs of administration thereof as authorized by Vehicle Code Section 22660.
(Ord. 824-97 § 2)
In addition to and in accordance with the determination made and the authority granted pursuant to Vehicle Code Section 22660 to remove abandoned, wrecked, dismantled or inoperative vehicles or parts thereof as public nuisances, the city council 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 hazard, 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 permitted in this chapter, is declared to constitute a public nuisance which may be abated as such in accordance with the provisions of this chapter.
(Ord. 824-97 § 2)
For the purpose of this chapter, the following words and phrases shall have the meanings hereafter set forth unless a different meaning is clearly intended from the context in which such word or phrase is used. Any word or phrase not herein defined shall have the meaning attributed to it in ordinary usage.
"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."
"Inoperable vehicle"
means any vehicle which does not qualify to be operated upon a highway under the Vehicle Code of the state of California.
"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. 824-97 § 2)
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. 824-97 § 2)
A. 
This chapter does not apply to:
1. 
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;
2. 
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 junk dealer, or which such storage or parking is necessary to the operation of a lawfully conducted business or commercial enterprise;
3. 
A vehicle or part thereof which is located behind a solid fence six feet in height and which is not plainly visible from a highway;
4. 
A vehicle or part thereof which is stored on private residential property, provided the same is not visible from a public right-of-way.
B. 
Nothing in this section shall authorize the maintenance of a public or private nuisance, as defined under the provisions of law, other than Chapter 10 (commencing with Section 22650) of Division 11 of the Vehicle Code and this chapter.
(Ord. 824-97 § 2; Ord. 839-97 § 2)
A. 
Except as otherwise provided in this chapter, the provisions of this chapter shall be administered and enforced by officers of the county sheriff's department or the parking enforcement officers of the city.
B. 
In the enforcement of this chapter, such officer and the officer's deputies may enter upon private or public property to examine a vehicle, or part thereof, or obtain information as to the identity of a vehicle.
(Ord. 824-97 § 2)
When the council has contracted with or granted a franchise to any person for the collection, towing or impounding of vehicles or parts thereof, such person shall be authorized to enter upon private property or public property to remove or cause the removal of a vehicle, or part thereof, declared to be a nuisance pursuant to this chapter.
(Ord. 824-97 § 2)
The county sheriff or city municipal services officers shall remove to a safe place every vehicle which has been parked or left seventy-two or more consecutive hours without being moved under its own power more than one-half mile (two thousand six hundred forty feet).
(Ord. 824-97 § 2)
Unless exempted under Section 10.16.050 of this chapter, it is unlawful and a misdemeanor for any person to abandon, park, store or leave, or permit the abandonment, parking, storing or leaving of any licensed or unlicensed vehicle or part 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.
(Ord. 824-97 § 2; Ord. 969-06 § 10)
A. 
In the event the city's enforcement officers, as defined in Section 10.16.060 hereof, determine(s) that a vehicle is a public nuisance as described in Section 10.16.020 of this code, a letter will be sent by registered or certified mail to both the property owner as shown on the last equalized assessment roll (if the vehicle is located on private property) and the vehicle owner listed on the vehicle registration (if registration tags or a vehicle identification number is plainly visible) stating that the vehicle is a public nuisance and will be abated and removed at the owner's expense if it is not removed within ten days of the posted date of the letter. Within ten days of the posted date of the letter, the property owner and/or the vehicle owner may request a public hearing on whether the vehicle constitutes a public nuisance as described in Section 10.16.020. If such a hearing is timely requested, a public hearing shall be held on the question of abatement and removal of a vehicle or part 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 part thereof against the property on which it is located.
B. 
Notice of the date and time of the hearing shall be mailed at least ten days before the hearing to the owner of the land on which the vehicle is located 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 a condition that the identification numbers are not available to determine ownership. If any of the foregoing notices are returned undeliverable by the United States Post Office, the hearing shall be continued to a date not less than ten days from the date of such return from the post office. The notice shall state the city's intention to abate and remove the vehicle or part thereof as a public nuisance, and that the owner of land on which the vehicle is located and the owner of the vehicle may appear in person at the hearing to contest the determination that the vehicle constitutes an inoperable or abandoned vehicle and is therefore a public nuisance. The owner of land on which the vehicle is located may also appear in person at the hearing or present a sworn written statement denying responsibility for the presence of the vehicle on the land and his or her reasons for the denial. The notice shall also state that all costs for abatement, including administrative costs associated with the hearing, are chargeable against the owner of the land on which the vehicle is located. The notice shall further inform the owner of the vehicle and the owner of the land on which the vehicle is located that it is a criminal violation for any person to fail or refuse to remove an abandoned, wrecked, dismantled or inoperative vehicle or part thereof or refuse to abate a public nuisance when ordered to do so in accordance with the abatement provisions of this chapter.
C. 
The foregoing notices of intention may be in the form(s) substantially similar to the following:
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 Chapter 10.16 of the Lawndale Municipal Code, 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 and a criminal violation pursuant to the Provisions of Chapter 10.16 of said 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 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 Municipal Services Manager within such 10-day period, the Municipal Services Manager 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 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_________s/_____________
(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 legal owner of record of vehicle-notice should be given to both if different)
As last registered and legal owner of the record of (description of vehicle — make, model, and license), you are hereby notified that the undersigned pursuant to Chapter 10.16 of the "Lawndale 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 and a criminal violation pursuant to the provisions of Chapter 10.16 of said 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 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 Municipal Services Manager within such 10-day period, the Municipal Services Manager shall have the authority to abate and remove said vehicle (or said parts of a vehicle) without a hearing.
Notice mailed_________s/_____________
(date)
(Ord. 824-97 § 2)
A. 
Upon request by the owner of the vehicle or owner of the land received by the municipal services manager within ten days after the mailing of the notices of intention to abate and remove, a public hearing shall be held by the municipal services manager 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.
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 or her 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. 824-97 § 2)
The city council 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 part thereof) under this chapter.
(Ord. 824-97 § 2)
A. 
The public hearing under this chapter shall be held before the municipal services manager who shall hear all facts and testimony he/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 municipal services manager 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 denials.
B. 
The municipal services manager may impose such conditions and take such other action as he/she deems appropriate under the circumstances to carry out the purpose of this chapter. The municipal services manager may delay the time for removal of the vehicle or parts thereof if in his or her opinion, the circumstances justify it. At the conclusion of the public hearing, the municipal services manager 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 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 or she has not subsequently acquiesced in its presence, the municipal services manager 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 or her land but does not appear, or if an interested party makes a written presentation to the municipal services manager but does not appear, he/she shall be notified in writing of the decision.
(Ord. 824-97 § 2)
A. 
Any interested party may appeal the decision of the municipal services manager by filing a written notice of appeal with the city clerk within five days after his or her decision.
B. 
Such appeal shall be heard by the city council which may affirm, amend, or reverse the order or take other action deemed appropriate.
C. 
The city clerk shall have written notice of the time and place of the hearing given to the appellant and those persons specified in Section 10.16,100.
D. 
In conducting the hearing the city council shall not be limited by the technical rules of evidence.
E. 
No action shall be taken to remove, destroy, or dispose of any vehicle, or parts thereof, during the pendency of an appeal from the decision of the municipal services manager to the city council pursuant to this section.
(Ord. 824-97 § 2)
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 10.16,130, or fifteen days after such action of 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 thereafter be reconstructed or made operable.
(Ord. 824-97 § 2)
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 plates.
(Ord. 824-97 § 2)
A. 
If the administrative costs and the cost of removal which are charged against the owner of a parcel of land pursuant to Section 10.16.120 are not paid within thirty days of the date of the order, or the final disposition of an appeal therefrom, such unpaid costs shall become a special assessment against the parcel of land from which the vehicle was removed pursuant to Government Code Section 39773.5, and shall be transmitted to the tax collector for collection.
B. 
Upon recordation of the notice of lien with the office of the county recorder, such unpaid costs shall constitute a lien against the property as provided below:
1. 
After recordation of the notice of lien, a copy of the notice may be turned over to the tax collector for the city, who shall add the amounts of the assessments to the next regular tax bill levied against the property, and thereafter, the amount assessed against the property shall be collected at the same time and in the same manner as ordinary municipal taxes are collected, and shall be subject to the same penalties and the same procedure for foreclosure and sale in case of delinquency as provided for ordinary municipal taxes; or
2. 
After recordation of the notice of lien, the lien may be foreclosed by judicial or other sale in the manner and means provided by law.
(Ord. 824-97 § 2)
It is unlawful and a misdemeanor for any person to fail or refuse to remove an abandoned, wrecked, dismantled or inoperative vehicle or part thereof or refuse 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.
(Ord. 824-97 § 2)