[Ord. 1153, 4-20-1994]
The purpose of this chapter is to provide special procedures for the abatement of public nuisances of abandoned, wrecked, dismantled, and inoperative vehicles and parts thereof that are consistent with applicable provisions of the California Vehicle Code and to facilitate the city's participation in a county-wide abatement program for such vehicular nuisances. This chapter is not intended as the exclusive regulation of abandoned, wrecked, dismantled or inoperative vehicles within the City of Indio. Rather, 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. 1153, 4-20-1994]
(A) 
In addition to and in accordance with the determination made and the authority granted by the Cal. Veh. Code §§ 22660, 22669, 22651, 22655, and 22662 to remove abandoned, wrecked, dismantled or inoperative vehicles or parts thereof as public nuisances, the City Council makes the following findings and declarations.
(B) 
The accumulation and storage of abandoned, wrecked, dismantled, or inoperative vehicles and 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 and 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. 1153, 4-20-1994]
For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ABANDONED VEHICLE
Any vehicle which reasonably appears to have been left derelict by its driver on either public or private property.
ABATE
To remove the source of the nuisance either by correcting specific problems or by removal from public view.
APPEAL
The legal right commonly known as “due process” whereby the legal owner of the vehicle of the property can come forward to show cause to stop or alter the abatement activity.
CONTRACT TOW
A towing service company “on contract” with the city to tow away abated vehicles.
DISMANTLED
Any vehicle which has been disassembled in part or in whole.
INOPERATIVE
Any vehicle, which for obvious reasons (i.e., flat tire or tires, missing engine, dropped driveline, etc.), cannot be operated on a public street per the requirements of the California Vehicle Code; or, any vehicle which appears to have not been operated for a prolonged period of time as evidenced by heavy dirt on vehicle, cobwebs underneath, etc.
PARTS
Any components of a vehicle or vehicles which are not attached to their usual and typical position on the vehicle and which are in public view.
PRIVATE PROPERTY
Any property in the city limits which is not owned or controlled by a governmental agency.
VEHICLE
Any conveyance capable of being driven, pushed, towed, or otherwise propelled, and which may or may not be motorized, and which could be operated on a public road.
WARNING NOTICE
A courtesy notice placed on vehicles suspect of or subject to vehicle abatement criteria in the hope of obtaining voluntary abatement without having to initiate a formal vehicle abatement action.
WRECKED
Any vehicle which appears to have sustained obvious and apparent damage due, typically, to an automobile accident that either makes the vehicle inoperative or very unsightly.
[Ord. 1153, 4-20-1994]
This chapter shall not apply to:
(A) 
A vehicle, or parts thereof, that 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 parts thereof, that 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.
(C) 
Nothing in this section shall authorize the maintenance of a public or private nuisance as defined under provisions of law other than Cal. Veh. Code, Division 11, Chapter 10 §§ 22650 et seq. and this chapter.
[Ord. 1153, 4-20-1994]
Except as otherwise designated by the City Manager or provided herein, the provisions of this chapter shall be administered and enforced by the City Manager or his or her designee. In the enforcement of this chapter, the City Manager or his or her designee may enter upon private or public property, in a manner consistent with the United States and California Constitutions, 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 this chapter.
[Ord. 1153, 4-20-1994]
(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 or his or her designee shall have the authority to cause the abatement thereof in accordance with the procedure prescribed in this chapter.
(B) 
When the City Council has contracted with or granted a franchise to any contract tow, such person or persons shall be authorized to enter upon private property or public property, in a manner consistent with the United States and California Constitutions, to cause the abatement of a vehicle or parts thereof declared to be a nuisance pursuant to this chapter.
[Ord. 1153, 4-20-1994]
(A) 
A ten day Notice to Abate the vehicle, or parts thereof, as a public nuisance, shall be served as provided in Chapter 95A on the real property owner 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 condition that the identification numbers are not available to determine ownership, and unless the real property owner and the owner of the vehicle have signed releases authorizing removal and waiving further interest in the vehicle or part thereof.
(B) 
The Notice to Abate is not required for removal of the vehicle or part thereof which is inoperable due to the absence of an engine, transmission, or wheels and incapable of being towed, is valued at less than $200 by a person specified in Cal. Veh. Code § 22855 and is determined by the city 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.
(C) 
The ten day Notice to Abate the vehicle and, if applicable, parts thereof shall contain a statement of the hearing rights of the real property owner on which the vehicle and, if applicable, parts thereof are located and of the owner of the vehicle. The statement shall include a notice to the property owner that he or she may appear in person at a hearing or may submit a sworn written statement denying responsibility for the presence of the vehicle, or parts thereof, on the property, with his or her reasons for such denial, in lieu of appearing.
[Ord. 1153, 4-20-1994]
Upon request by the owner of the vehicle and/or parts thereof, if applicable, or request by the real property owner, received by the City Manager or his or her designee within ten days after the mailing of the Notice to Abate, a public hearing shall be held by the Vehicle Abatement Hearing Officer on the question of abatement of the vehicle and, if applicable, parts thereof as an abandoned, wrecked, dismantled or inoperative vehicle, and the assessment of abatement costs against the real property on which it, the vehicle and, if applicable, parts are located.
[Ord. 1153, 4-20-1994]
If the real property owner submits a sworn written statement denying responsibility for the presence of the vehicle on his or her land within the ten day period provided by the Notice to Abate, 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 certified mail at least ten days before the hearing to the real property owner 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 the ten days after mailing of the Notice to Abate, then the City Manager or his or her designee, shall have the authority to abate the vehicle and, if applicable, parts thereof as a public nuisance without holding a public hearing.
[Ord. 1153, 4-20-1994]
All hearings under this chapter shall be held before the Vehicle Abatement Hearing Officer who shall hear all facts and testimony he or she deems pertinent. The 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 Vehicle Abatement Hearing Officer shall not be limited by the technical rules of evidence. The real property owner 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 property with his or her reasons for such denial.
[Ord. 1153, 4-20-1994]
(A) 
The Vehicle Abatement Hearing Officer 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 upon the conclusion of the public hearing. The Vehicle Abatement Hearing Officer may find that a vehicle, or parts thereof, has been abandoned, wrecked, dismantled or is inoperative on private or public property and issue an Order to Abate requiring that the vehicle and, if applicable parts thereof, be removed from the property as a public nuisance and disposed of as hereinafter provided and determine the abatement costs to be charged against the real property owner. The Order to Abate 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.
(B) 
If it is determined at the hearing that the vehicle was placed on the property without the consent of the real property owner and that he or she has not subsequently acquiesced in its presence, the Vehicle Abatement Hearing Officer shall not assess the costs of administration or removal of the vehicle against the real property upon which the vehicle is located or otherwise attempt to collect such costs from such real property owner.
(C) 
If the real property owner submits a sworn written statement denying responsibility for the presence of the vehicle on his or her property but does not appear or if an interested party makes a written presentation to the Vehicle Abatement Hearing Officer but does not appear, then he or she shall be notified of the decision by the Hearing Officer as outlined in Chapter 95A.
[Ord. 1153, 4-20-1994]
(A) 
Any interested party may appeal the decision of the Vehicle Abatement Hearing Officer by filing a written Notice of Appeal with the Vehicle Abatement Hearing Officer within five days after service of notice of his or her decision.
(B) 
The appeal shall be heard by the City Council which may affirm, amend or reverse the order to take other action deemed appropriate.
(C) 
The City Clerk shall give written notice by certified mail of the date, time, and place of the hearing to the appellant and other affected parties.
(D) 
In conducting the hearing the Council shall follow established rules of procedure for the conduct of hearing appeals.
[Ord. 1153, 4-20-1994]
Five days after the expiration of any applicable period to request a hearing or appeal regarding a Notice to Abate, or 15 days after a final action by the City Council authorizing abatement of a vehicle and, if applicable, parts thereof, the subject vehicle or parts thereof may be disposed of by removal to a scrap yard or automobile dismantlers yard. After a vehicle has been so 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 Section 5004 of the Vehicle Code, in which case the vehicle may be reconstructed or made operable.
[Ord. 1153, 4-20-1994]
Within five days after the date of removal of the vehicle or parts thereof, notice shall be given by the City Manager or his or her designee 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. 1153, 4-20-1994]
The city shall be entitled to recover its abatement costs with respect to a vehicle and, if applicable, parts thereof determined to be a public nuisance under this chapter, to the same extent and in the same manner as abatement costs are recovered for nuisances governed by Chapter 95A. All such procedures are incorporated herein as if fully set forth and shall govern the recovery of abatement costs incurred pursuant to the enforcement of this chapter.