In addition to and in accordance with the determination made
and the authority granted by the State pursuant to the provisions
of Section 22660 of the Vehicle Code of the State to remove abandoned,
wrecked, dismantled, or inoperative vehicles, or parts thereof, as
public nuisances, the 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 permitted by the provisions of this
chapter, is hereby declared to constitute a public nuisance which
may be abated as such in accordance with the provisions of this chapter.
(§ 1, Ord. No. 182)
For the purposes of this chapter, unless otherwise apparent
from the context, certain words and phrases used in this chapter are
defined as follows:
shall mean a way or place of whatever nature, publicly maintained
and open to the use of the public for the purposes of vehicular travel.
“Highway” shall include 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 the last registered owner and legal owner of record.
shall not include “highway.”
shall mean and include “registered or certified mail.”
shall mean 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.
(§ 1, Ord. No. 182, as
amended by § 1, Ord. No. 239)
The provisions of this chapter shall not apply to:
(a)
A vehicle,
or parts thereof, which is completely enclosed within a building in
a lawful manner where the vehicle is not visible from the street or
other public or private property; or
(b)
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, or junk dealer or when such storage or parking
is necessary to the operation of a lawfully conducted business or
commercial enterprise.
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The provisions of this section shall not 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 of the State and this chapter.
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(§ 2, Ord. No. 182)
The provisions of this chapter shall not be the exclusive regulation
of abandoned, wrecked, dismantled, or inoperative vehicles within
the City. The provisions of this chapter shall supplement and be in
addition to the other regulatory Codes, statutes, and laws heretofore
or hereafter enacted by the City, State, or any other legal entity
or agency having jurisdiction.
(§ 3, Ord. No. 182)
Except as otherwise provided in this chapter, the provisions
of this chapter shall be administered and enforced by the City Manager.
In the enforcement of this chapter the City Manager and his deputies
may enter upon private or public property 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 the provisions of this chapter.
(§ 4, Ord. No. 182)
When the Council has contracted with, or granted a franchise
to, any person, such person shall be authorized to enter upon private
or public property to remove, or cause the removal of, a vehicle,
or parts thereof, declared to be a nuisance pursuant to the provisions
of this chapter.
(§ 5, Ord. No. 182)
The Council shall from time to time determine and fix an amount
to be assessed as administrative costs, excluding the actual costs
of the removal of any vehicle, or parts thereof, for the purposes
of administering the provisions of this chapter.
(§ 6, Ord. No. 182)
Upon discovering the existence of an abandoned, wrecked, dismantled,
or inoperative vehicle, or parts thereof, on private or public property
within the City, the City Manager shall have the authority to cause
the abatement and removal thereof in accordance with the procedure
set forth in this chapter.
(§ 7, Ord. No. 182)
A 10 day notice of intention to abate and remove a vehicle,
or parts thereof, as a public nuisance shall be mailed by registered
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. Such notices of intention shall
be in substantially the following forms:
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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 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 the provisions of Chapter 1 of Title 5 of the San Juan Capistrano 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 1 of Title 5 of the San Juan Capistrano 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 after
the date of the mailing of this notice, and, upon your failure to
do so, the same will be abated and removed by the City of San Juan
Capistrano, and the costs thereof, together with administrative costs,
shall be assessed to you as owner of the land on which said vehicle
(or said parts of a vehicle) is located.
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As owner of the land on which said vehicle (or said parts of
a vehicle) is located, you are hereby notified that, within 10 days
after the mailing of this notice of intention, you may request a public
hearing, and, if such a request is not received by the Council of
the City of San Juan Capistrano within such 10 day period, the City
Manager of the City of San Juan Capistrano, 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.
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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 a 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 ________s/ ________ (date)
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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 the last registered and/or legal owner
of record of the vehicle; notice should be given to both if different)
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As last registered (and/or legal) owner of record of the following described vehicle ________ (make, model, and license number), you are hereby notified that the undersigned, pursuant to the provisions of Chapter 1 of Title 5 of the San Juan Capistrano 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 pursuant to the provisions of Chapter 1 of Title 5 of the San Juan Capistrano 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 after
the date of the mailing of this notice.
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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, within
10 days after the mailing of this notice of intention, you may request
a public hearing, and, if such a request is not received by the Council
of the City of San Juan Capistrano within such 10 day period, the
City Manager of the City of San Juan Capistrano shall have the authority
to abate and remove said vehicle (or said parts of a vehicle) without
a hearing.
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Notice Mailed ________s/ ________ (date)
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(§ 8, Ord. No. 182)
Upon a request by the owner of the vehicle or the owner of the
land received by the City Clerk within 10 days after the mailing of
the notices of intention to abate and remove, a public hearing shall
be held by the Council on the question of the 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 costs of the removal of the vehicle, or parts thereof, against
the property on which the vehicle, or parts thereof, is located.
If the owner of the land submits a sworn written statement denying
responsibility for the presence of the vehicle on his land within
such 10 day period, such statement shall be construed as a request
for a hearing which does not require his presence. Notice of the hearing
shall be mailed by registered mail at least 10 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 a hearing is not received
within 10 days after the 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.
(§ 9, Ord. No. 182)
All hearings requested by the owners of the vehicles or the owners of the land, as set forth in Sections 5-1.09 and 5-1.10 of this chapter, shall be held before the Council which shall hear all facts and testimony it 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 private or public property. The Council 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 reasons for such denial.
The Council may impose such conditions and take such other action
as it deems appropriate under the circumstances to carry out the purposes
of this chapter. The Council may delay the time for the removal of
the vehicle, or parts thereof, if, in its opinion, the circumstances
so justify. At the conclusion of the public hearing, the Council may
find that a vehicle, or parts thereof, has been abandoned, wrecked,
dismantled, or is inoperative on private or public property, order
the same removed from the property as a public nuisance and disposed
of as provided in this chapter, and determine the administrative costs
and the costs 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.
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 has not subsequently consented to the presence of the vehicle on
his land, the Council 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.
If the owner of the land submits a sworn written statement denying
responsibility for the presence of the vehicle on his land but does
not appear, or if an interested party makes a written presentation
to the Council, but does not appear, he shall be notified in writing
of the decision.
(§ 10, Ord. No. 182)
Five days after the adoption of the order declaring the vehicle, or parts thereof, to be a public nuisance, or five days after the date of the mailing of the notice of the decision, if such a notice is required by the provisions of Section 5-1.11 of this chapter, or 15 days after such action of the Council authorizing the removal of the vehicle, or parts thereof, 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.
If the Council determines that commercial channels of disposition
are not available or are inadequate, the Council may order the disposal
of the vehicles, or parts thereof, by removal to any suitable site
operated by the City. The Council may also order the final disposition
of such vehicles, or parts thereof, or may order the transfer of such
vehicles, or parts thereof, to another site provided such disposal
is only for scrap.
(§ 11, Ord. No. 182)
Within five days after the date of the removal of the vehicle,
or parts thereof, notice shall be given to the Department of Motor
Vehicles of the State identifying the vehicle, or parts thereof, removed.
At the same time there shall be transmitted to the Department of Motor
Vehicles of the State any evidence of registration available, including
registration certificates, certificates of title, and license plates.
(§ 12, Ord. No. 182)
If the administrative costs and the costs of removal which are charged against the owner of a parcel of land pursuant to the provisions of Section 5-1.11 of this chapter are not paid within 30 days after the date of the order, such costs shall be assessed against the parcel of land pursuant to the provisions of Section 38773.5 of the Government Code of the State and shall be transmitted to the Tax Collector for collection. Such assessment shall have the same priority as other City taxes.
(§ 13, Ord. No. 182)
(a)
It
shall be 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 laws where such State laws are applicable.
(b)
It
shall be unlawful and a misdemeanor for any person to abandon, park,
store, or leave, or to permit the abandonment, parking, storing, or
leaving of, any licensed vehicle, or parts thereof, which is in an
abandoned, wrecked, dismantled, or inoperative condition upon any
private or public property, not including highways, within the City
for a period in excess of 30 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 or licensed vehicle dealer or in a junk yard.
(§§ 14 and 15, Ord. No. 182)
