To promote public health, safety, and welfare, the City Council finds that the accumulation of abandoned, wrecked, dismantled, or inoperative vehicles on public and private property within the City of Yucaipa can create conditions that are hazardous to the health, safety, and welfare of the public. Such vehicles can harbor rodents and insects, present physical dangers to children and other residents, and pose fire hazards. The presence of such vehicles can detract from the appearance of property, constitute blight, and reduce property values, and have a negative impact on the community's quality of life. Therefore, the presence of an abandoned, wrecked, dismantled or inoperative vehicle or any part thereof, on private or public property, 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. 455 § 1, 2025)
For the purposes of Chapter 10.16, the following definitions shall apply:
"Abandoned Vehicle"
shall mean any vehicle that has been left on public or private property without the express or implied consent of the property owner or occupant.
"Dismantled Vehicle"
shall mean any vehicle that is missing one or more major components, such as the engine, transmission, wheels, or other essential parts, rendering it inoperable.
"Inoperative Vehicle"
shall mean any vehicle that is unable to be lawfully operated on public roads due to mechanical failure, missing parts, expired registration, or other legal restrictions.
"Private Property"
shall mean any real property that is owned, leased, or otherwise controlled by a private individual or entity, excluding public property.
"Public Property"
shall mean any street, highway, alley, publicly owned parking area, or any other property owned or maintained by a government entity and open for public use.
"Vehicle Nuisance"
shall mean any vehicle that has been abandoned, wrecked, dismantled, or left inoperative in violation of this ordinance and is determined to be a threat to public health, safety, or welfare.
"Wrecked Vehicle"
shall mean any vehicle that is severely damaged, crushed, or partially destroyed to the extent that it is inoperable, unable to be repaired and has no apparent value except as scrap.
(Ord. 455 § 1, 2025)
A. 
No person shall cause, permit, maintain, conduct, or otherwise allow an abandoned, dismantled, inoperative, or wrecked vehicle or parts thereof to be openly stored, within any public or private property within the City of Yucaipa unless the vehicle is shielded from public view by means of a cover or enclosure, or otherwise permitted under this ordinance.
B. 
No property owner shall permit the accumulation of abandoned, wrecked, dismantled, or inoperative vehicles on their property, except as allowed for licensed dismantlers or automotive repair businesses in compliance with the Yucaipa Development Code and Vehicle Code Section 22660.
C. 
Any abandoned, wrecked, dismantled, or inoperative vehicles on public or private property within the City of Yucaipa not stored according to this chapter shall constitute a nuisance.
(Ord. 455 § 1, 2025)
A. 
Investigation and notice.
1. 
Upon determination by the City Manager or designee that a vehicle is in violation of this ordinance, a written notice shall be issued to the registered owner and property owner (if applicable) stating the nature of the violation.
2. 
The notice shall provide a period of not less than ten (10) days to remove or correct the violation, in accordance with Vehicle Code Section 22661(c), unless the property owner and owner of the vehicle have signed releases authorizing removal and waiving further interest in the vehicle or part of the vehicle.
3. 
Pursuant to Vehicle Code section 22661(d), the city's ten (10) day notice of intention to abate and remove the vehicle or part of the vehicle shall contain a statement of the hearing rights of the owner of the property on which the vehicle is located and of the owner of the vehicle. The statement shall include notice to the property owner that the property owner may appear in person at a hearing or may submit a sworn written statement denying responsibility for the presence of the vehicle on the land, with the property owner's reasons for such denial, in lieu of appearing.
4. 
Pursuant to Vehicle Code Section 22661(d), the notice of intention to abate shall be mailed, by registered or certified mail, to the owner of the land as shown on the last equalized assessment roll and to the last registered and legal owners of record unless the vehicle is in such condition that identification numbers are not available to determine ownership.
5. 
Pursuant to Vehicle Code Section 22661(c), the city is not required to serve a notice of violation if:
a. 
The vehicle or part of the vehicle is inoperable due to the absence of a motor, transmission, or wheels and incapable of being towed;
b. 
The vehicle or part of the vehicle is valued less than two hundred dollars ($200) by a person specified in Vehicle Code Section 22855; and
c. 
The city has determined it to be a public nuisance presenting an immediate threat to public health or safety, provided the property owner has signed a release authorizing removal and waiving further interest in the vehicle or part thereof.
d. 
Prior to final disposition of a low-valued vehicle, the city 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 twelve (12) days after the notice is mailed, from a location specified in Vehicle Code section 22662, final disposition may proceed.
6. 
If no compliance is achieved within the notice period and no hearing is requested, or the time to remove the vehicle or part of the vehicle has otherwise expired, the city may proceed with removal and disposal of the vehicle in accordance with Vehicle Code Sections 22662-22664.
7. 
The city may utilize its own personnel or contract with a towing service to remove the vehicle. Pursuant to Vehicle Code section 22661(c), neither the city or contractor thereof shall be liable for damage caused to a vehicle or part thereof by removal pursuant to this chapter.
8. 
Pursuant to Vehicle Code Section 22661(f), after a vehicle has been removed, it shall not be reconstructed or made operable, unless it is a vehicle that 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.
9. 
The cost of removal, storage, and disposal shall be the responsibility of the registered owner or property owner, and the fees may be recovered in any manner authorized by Chapter 1.12 of this Code.
10. 
Pursuant to Vehicle Code Section 22661(a), city shall notice the Department of Motor Vehicles within five days after the date of removal, identifying the vehicle or part thereof and any evidence of registration available, including, but not limited to, the registration card, certificates of ownership, or license plates.
11. 
Pursuant to Vehicle Code Section 22669, motor vehicles which are parked, resting, or otherwise immobilized on any highway or public right-of-way and which lack an engine, transmission, wheels, tires, doors, windshield, or any other part or equipment necessary to operate safely on the highways of this state, are a hazard to public health, safety, and welfare and may be removed immediately upon discovery by a peace officer or other designated employee of the city.
B. 
Hearing procedures.
1. 
If a hearing is requested within the ten (10) day notice period, a hearing officer appointed by the City Manager shall conduct a hearing following procedures outlined in Yucaipa Municipal Code Section 1.12.110.
2. 
The hearing officer shall consider evidence and issue a decision within ten (10) days.
3. 
If the violation is upheld, the party responsible shall have an additional five (5) days to remove the vehicle before the city proceeds with abatement.
4. 
If the vehicle is found not to be a nuisance, the city shall not proceed with abatement.
5. 
Pursuant to Vehicle Code Section 22661(e), if the owner of the land on which the vehicle is located submits a sworn written statement denying responsibility for the presence of the vehicle on the property owner's land within the time period, this statement shall be construed as a request for hearing that does not require the presence of the owner submitting the request.
6. 
Pursuant to Vehicle Code Section 22661(f), if the hearing officer determines that the vehicle was placed on the land without the consent of the landowner (who makes a request pursuant to subsection 6) and that the property owner has not subsequently acquiesced to the vehicle's presence, then the city shall not assess costs of administration or removal of the vehicle against the property upon which the vehicle is located or otherwise attempt to collect those costs against the property owner.
7. 
If no request for a hearing is received within ten (10) day period, the city shall have the authority to remove the vehicle.
(Ord. 455 § 1, 2025)
This chapter does not apply to:
A. 
Vehicles or part 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 accordance with Vehicle Code Section 22661(b)(1).
B. 
Vehicles stored on properties operated by licensed dismantlers, dealers, or repair facilities, in accordance with Vehicle Code Section 22663. Pursuant to Vehicle Code Section 22661(b)(2), this exception shall not, however, authorize the maintenance of a public or private nuisance.
C. 
Vehicles deemed of historic or special interest, stored in a manner that does not create a nuisance, as outlined in Vehicle Code Section 5004.
(Ord. 455 § 1, 2025)
Any violation of this chapter is unlawful and shall constitute a public nuisance. The city may abate such violation using any remedy provided by law or equity, including, but not limited to, the remedies contained in Chapter 1.12 of this code.
(Ord. 455 § 1, 2025)