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 part
thereof, on private or public property, not including highways, except
as expressly permitted by the provisions of this part is hereby declared
to constitute a public nuisance which may be abated as such in accordance
with the provisions of this part.
(Added by Ord. 341, adopted 1-23-68)
For the purposes of this part, certain words and phrases are
defined and certain provisions shall be construed as follows, unless
it is apparent from the context a different meaning is intended:
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" 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 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.
(Added by Ord. 341, adopted 1-23-68; amended by Ord. 437, adopted 7-9-73)
The provisions of this part shall not apply to:
(a)
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; or
(b)
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 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 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 of the State and this part.
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(Added by Ord. 341, adopted 1-23-68)
The provisions of this part are not the exclusive regulations
of abandoned, wrecked, dismantled, or inoperative vehicles within
the City. The provisions of this part shall supplement and be in addition
to other regulatory Codes, statues, and ordinances heretofore or hereafter
enacted by the City, the State, or any other legal entity or agency
having jurisdiction.
(Added by Ord. 341, adopted 1-23-68)
Except as otherwise provided herein, the provisions of this
part shall be administered and enforced by the Chief of Police. In
the enforcement of the provisions of this part, the Chief of Police
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 a vehicle and to remove, or cause the removal of,
a vehicle, or part thereof, declared to be a nuisance pursuant to
the provisions of this part.
(Added by Ord. 341, adopted 1-23-68)
When the Council has contracted with or granted a franchise
to any person, such person 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 the
provisions of this part.
(Added by Ord. 341, adopted 1-23-68)
The Council from time to time shall 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 part.
(Added by Ord. 341, adopted 1-23-68)
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 set forth in this part.
(Added by Ord. 341, adopted 1-23-68; amended by Ord. 437, adopted 7-9-73)
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 owner of the vehicle, unless
the vehicle is in such a condition that identification numbers are
not available to determine ownership. The 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 Section 5407 of the Downey 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 Part 1, Chapter 4, Article V of the Downey 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 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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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 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 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 _________
(DATE)
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s/____________________
(Designated Officer)
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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 5407 of the Downey Municipal
Code, has determined that said vehicle (or parts of a vehicle) exists
as an abandoned, wrecked, dismantled, or inoperative vehicle as (describe
location on public or private property) and constitutes a public nuisance
pursuant to the provisions of Part 1 of Chapter 4 of Article V of
the Downey Municipal Code.
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You are hereby notified to abate said nuisance by the removal
of said vehicle (or said part 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
(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 City
Manager within said 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/____________________
(Designated Officer)
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(Added by Ord. 341, adopted 1-23-68; amended by Ord. 437, adopted 7-9-73)
Upon request by the owner of the vehicle or owner of the land
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 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 it 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 a condition that identification numbers are not
available to determine ownership. If such a request for a hearing
is not received within said 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 part thereof, as a public nuisance
without holding a public hearing.
(Added by Ord. 341, adopted 1-23-68; amended by Ord. 437, adopted 7-9-73)
All hearings pursuant to the provisions of this part shall be
held before the City Manager who shall hear all facts and testimony
he 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 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 reasons for such denial.
The City Manager may impose such conditions and take such other
action as he deems appropriate under the circumstances to carry out
the purposes of this section. He may delay the time for removal, or
parts thereof, if, in his 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, or dismantled
or is inoperative on private or public property and order the vehicle,
or parts thereof, removed from the property as a public nuisance and
disposed of as provided in this part 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 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 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 City Manager but does not appear, such owner or interested
party shall be notified in writing of the decision.
(Added by Ord. 341, adopted 1-23-68; amended by Ord. 437, adopted 7-9-73)
Any interested party may appeal the decision of the City Manager
by filing a written notice of appeal with the City Manager within
five days after his decision.
Such appeal shall be heard by the Council which may affirm,
amend, or reverse the order or take other action deemed appropriate.
The City Clerk shall give written notice of the time and place
of the hearing to the appellant and to those persons specified in
Section 5408.
In conducting the hearing, the Council shall not be limited
by the technical rules of evidence.
(Added by Ord. 341, adopted 1-23-68; amended by Ord. 437, adopted 7-9-73)
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 notice is required
by Section 5410, or 15 days after such action of the Council authorizing
removal following an 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.
(Added by Ord. 341, adopted 1-23-68; amended by Ord. 437, adopted 7-9-73)
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 said Department
of Motor Vehicles any evidence of registration available, including
registration certificates, certificates of title, and license plates.
(Added by Ord. 341, adopted 1-23-68; amended by Ord. 437, adopted 7-9-73)
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 5410 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 the provisions
of Section 38773.5 of the Government Code of the State and shall be
transmitted to the Tax Collector for collection. Such assessments
shall have the same priority as other City taxes.
(Added by Ord. 341, adopted 1-23-68; amended by Ord. 437, adopted 7-9-73)
No person shall 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 part of State laws where such State laws are applicable.
(Added by Ord. 437, adopted 7-9-73)
