As used in this chapter:
mean motor vehicles which are immobilized on any highway,
public right-of-way, upon private or public property and which lack
an engine, operative battery, transmission, one or more wheels or
tires, doors, windshields, a license plate, or any part or equipment
necessary to operate safely or legally on the highway; or has one
or more flat tires; or which is mounted upon skids or jacks; or which
displays registration tabs which have been elapsed for more than twelve
months.
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.
means the owner of the land on which the vehicle, or parts
thereof, is located, as shown on the last equalized assessment roll.
means the last registered owner and legal owner of record.
does not include "highway."
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. 860 § 1, 1994; Ord. 874 § 1, 1995)
In addition to and in accordance with the determination made
and the authority granted by the state under Section 22660, of the
Vehicle Code as amended, 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 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 hereinafter permitted, is declared to constitute a public
nuisance which may be abated as such in accordance with the provisions
of this chapter.
(Ord. 860 § 1, 1994)
A.
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, licensed vehicle dealer, a junkyard, or when such storage
or parking is necessary to the operation of a lawfully conducted business
or commercial enterprise.
B.
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 Vehicle Code,
and this chapter.
(Ord. 860 § 1, 1994)
Except as otherwise provided herein, the provisions of this
chapter shall be administered and enforced by the city manager or
designee. In the enforcement of this chapter, such officer and his
or her deputies may enter upon private or public property to examine
a vehicle or parts thereof, or obtain information as to the identity
of vehicle, and to remove or cause the removal of a vehicle or parts
thereof declared to be a nuisance pursuant to this chapter.
(Ord. 860 § 1, 1994; Ord. 1027 § 1, 2007)
When the city council has contracted with a tow company 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 cause the removal of a vehicle or parts thereof declared
to be a nuisance pursuant to this chapter.
(Ord. 860 § 1, 1994)
Upon discovering the existence of an abandoned, wrecked, dismantled
or inoperative vehicle, or part thereof, on private property or public
property within the city, the city manager or designee shall have
the authority to cause the abatement and removal thereof in accordance
with the procedure prescribed in this chapter.
(Ord. 860 § 1, 1994; Ord. 1027 § 2, 2007)
A ten-day notice of intention to abate and remove the vehicle,
or parts thereof, 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 form:
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NOTICE OF INTENTION TO ABATE AND REMOVE AN ABANDONED,
WRECKED, DISMANTLED, OR INOPERATIVE VEHICLE OR PARTS THEREOF AS PUBLIC
NUISANCE
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(Name and address of owner of the land)
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As owner shown on the last equalized assessment roll of the land located at (address), you are hereby notified that the undersigned pursuant to Section 8.20.020 et seq. of Pico Rivera 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 pursuant to the provisions of Chapter 8.20 of the Pico Rivera Municipal Code.
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You are hereby notified to abate said nuisance by the removal
of said vehicle or said parts thereof, within 10 days from the date
of mailing of this notice. Upon your failure to do so, you will be
assessed a fee of [insert applicable fee per adopted schedule]. If
the vehicle is not abated within 20 days from the date of mailing
of this notice, the vehicle will be abated and removed by the City
and the costs thereof, will be assessed to you as owner of the land
on which said vehicle or parts is located.
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As owner of the land 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 a public hearing. If such a request
is not received by the city manager or designee within such 10-day
period, the city manager or designee shall have the authority to abate
and remove said vehicle (or said parts of a vehicle) after 20 days
have elapsed since the first notice 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.
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Notice Mailed__________(date)
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City Manager or Designee__________
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NOTICE OF INTENTION TO ABATE AND REMOVE AN ABANDONED,
WRECKED, DISMANTLED OR INOPERATIVE VEHICLE OR PARTS THEREOF AS A PUBLIC
NUISANCE
|
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[Name and address of last registered and/or legal owner of record
of vehicle—notice should be given to both if different]
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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 8.20.020 et seq. of the Pico Rivera Municipal Code has determined that said vehicle (or parts of a vehicle) exists as an abandoned, wrecked, dismantled or inoperative vehicle at [describe location and whether it is public or private property] and constitutes a public nuisance pursuant to the provisions of Chapter 8.20 of the Pico Rivera Municipal Code.
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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. If said vehicle is not abated within
this period, you will be assessed a fee of [insert applicable fee
per adopted schedule].
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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. If such a request is not received by the city manager
or designee within such 10-day period, or if said vehicle is not abated
within 20 days from the initial notice, the city manager or designee
shall have the authority to abate and remove said vehicle (or said
parts of a vehicle) and to assess all costs for its removal without
a hearing.
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Notice Mailed__________(date)
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City Manager or Designee __________
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(Ord. 836 § 1, 1993; Ord. 1027 § 3, 2007)
A.
Upon
request by the owner of the vehicle or the land received by the city
manager 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 manager or designee on the question of abatement and removal
of the vehicle or parts thereof as 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, the 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 or certified mail, at least ten days
before the hearing to the owner of the land and to the owner of the
vehicles, unless the vehicle is in such condition that identification
numbers are not available to determine ownership. If such request
for hearing is not received within said ten days after mailing of
the notice of intention to abate and remove or if the vehicle is not
abated in that period, the owner of the vehicle shall be assessed
a fee of (insert applicable fee per adopted schedule) and the city
shall have the authority to abate and remove the vehicle or parts
thereof as public nuisance without holding a public hearing.
(Ord. 860 § 1, 1994; Ord. 1027 § 4, 2007)
A.
All
hearings under this chapter shall be held before the city manager
or designee, who shall hear all facts and testimony he or she deems
pertinent. Such facts and testimony may include testimony on the condition
of the vehicle or parts thereof and the circumstances concerning its
location on such private or public property. The city manager or designee
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 or parts thereof on
the land, with his or her reasons for such denial.
B.
The
city manager or designee 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 chapter. He or she 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 city manager or designee 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 vehicles,
if available at 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 city manager or designee
shall not assess the costs of administration or removal of the vehicle
against the property upon which the vehicles 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 statement denying responsibility
for the presence of the vehicle on his or her land, but does not appear,
or if any interested party makes a written presentation to the city
manager or designee but does not appear, he or she shall be notified
in writing of the decision.
(Ord. 860 § 1, 1994; Ord. 1027 § 5, 2007)
A.
Any
interested party may appeal the decision of the city manager or designee
by filing a written notice of appeal with the city manager or designee
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 clerk shall give written notice of the time and place of the hearing to the appellant and those persons specified in Section 8.20.070.
D.
In conducting
the hearing, the city council shall not be limited by the technical
rules of evidence.
(Ord. 860 § 1, 1993; Ord. 1027 § 6, 2007)
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, if such notice is required by Section 8.20.070, or fifteen days after such action of the governing body 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. 860 § 1, 1994)
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. 860 § 1, 1994)
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 parts thereof, under this chapter.
(Ord. 836 § 1, 1993)
A.
If the administrative costs and cost of removal which are charged against the owner of a parcel of land pursuant to Section 8.20.060 are not paid within thirty days of the date of the order, or the final disposition of an appeal therefor, such costs shall be assessed against the parcel of land pursuant to Section 38773.5 or Section 25845 of Government Code, and shall be transmitted to the tax collector for collection. Such assessment shall have the same priority as other city taxes. Alternatively, the city may pursue abatement liens to recover such costs.
B.
The
prevailing party may recover attorney's fees incurred in any action,
administrative proceeding or special proceeding to abate and remove
abandoned, wrecked, dismantled or inoperative vehicle and for abatement
of public nuisance, but only those individual actions or proceedings
in which the city elects, at the initiation of that individual action
or proceeding, to seek recovery of its own attorneys' fees. In no
action, administrative proceeding, or special proceeding shall an
award of attorney's fees incurred by the city in the action or proceeding.
(Ord. 860 § 1, 1994; Ord. 1027 § 7, 2007)
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. 860 § 1, 1994)
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 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. 860 § 1, 1994)
It is unlawful and a misdemeanor for any person to fail or refuse
to remove an abandoned, wrecked, dismantled or inoperative vehicle
or parts 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 state law is applicable.
(Ord. 860 § 1, 1994)
