This chapter may be cited as the Abandoned Vehicle Ordinance
of the city of Malibu.
(Prior code § 4400)
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 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 hereby declared to constitute
a public nuisance which may be abated as such in accordance with the
provisions of this chapter.
(Prior code § 4401)
As used in this chapter, unless the context otherwise clearly
indicates, the following words and phrases are defined as follows:
means the city manager or the person designated in writing
by the city manager to act on the city manager's behalf.
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 that 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 designed to be moved
by human or animal power or used exclusively upon stationary rails
or tracks.
(Prior code § 4410)
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.
An
inoperative 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.
An
inoperative 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 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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Nothing in this section or chapter shall authorize the maintenance
of a public or private nuisance as defined under provisions of law
other than Chapter 10 (commencing with Section 22660), of Division
11 of the Vehicle Code and this chapter.
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(Prior code § 4411)
Except as otherwise provided herein, the provisions of this
chapter shall be administered and enforced by the city manager.
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, the city manager 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 city manager or the person(s)
designated by the city manager 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.
A warrant shall be obtained for such inspection where otherwise required
by law.
C.
The
city manager 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 § 4412)
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 vehicle, or part thereof, which is subject to removal
under the provisions of this chapter for a period in excess of 10
days.
(Prior code § 4413)
A 10 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 and 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 10.16.150 of this chapter. However, the 10 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 part thereof.
The 10 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 city manager 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 10.16.120 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 12 days after the notice is mailed, from a location specified in Section 10.16.120, 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 subsection.
(Prior code § 4420)
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 city manager
within 10 days after the mailing of the notices of intention to abate
and remove, a public hearing shall be held by the city 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.
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 10
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 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 parts thereof as
a public nuisance without holding a public hearing. A warrant shall
be obtained for such removal where required by law.
C.
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.
(Prior code § 4421)
All hearings pursuant to this chapter shall be held before the
city manager, who shall hear all facts and testimony he or she deems
pertinent. The 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 city 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 denial.
(Prior code § 4422)
A.
The
city manager may authorize such action as he or she deems appropriate
under the circumstances to carry out the purpose of this chapter.
The city manager may delay the time for removal of the vehicle or
parts thereof if, in the city manager's opinion, the circumstances
justify it. At the conclusion of the public hearing, the city 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 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 city
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 the owner of the land.
C.
If
an interested party makes a written presentation to the city manager
but does not appear at the hearing, he or she shall be notified in
writing of the decision.
(Prior code § 4423)
Any interested party may appeal a decision of the city manager
to the city council by filing a written notice of appeal with such
city manager within five days after the city manager's decision.
(Prior code § 4424)
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 city manager if such notice is required by Section 10.16.080(C), or 15 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. A warrant shall first be obtained where required by law.
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 § 4425)
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 § 4426)
If the administrative costs and the cost of removal are charged against the owner of land pursuant to Section 10.16.100 and are not paid within 30 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 § 4427)
The notices of intention to abate and remove a vehicle as required in Section 10.16.070 shall be in substantially the following forms:
A.
Notice
to Owner of Land.
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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 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 10.16 of the Malibu 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, and upon your failure to do so the
same will be abated and removed by the City of Malibu 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.
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You are hereby notified that you may, within 10 days after the
mailing of this notice of intention, request a public hearing before
the City Manager and if such a request is not received by the City
Manager within such 10-day period, the City 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 represent a sworn written statement as aforesaid in time for consideration
at such hearing.
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Notice mailed _______________ (date)
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s/______________________
City Manager, City of Malibu
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B.
Notice
to Owner of Vehicle.
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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 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 4, Article
IV of the Malibu 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.
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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 City
Manager and if such a request is not received by the City Manager
within such 10-day period, the City Manager 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 _______________ (date)
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s/ ______________________
City Manager, City of Malibu
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(Prior code § 4428)
