Chapter 9.06
ABANDONED, WRECKED, DISMANTLED OR INOPERATIVE VEHICLES1
Sections:
9.06.010 Purpose and declaration of nuisance.
9.06.060 Administration and enforcement.
9.06.080 Costs of administration.
9.06.090 Notice of intention to abate and remove – Form and mailing of notices.
9.06.110 Procedure for hearings and orders.
9.06.130 Disposition of vehicle after order or appeal.
9.06.150 Assessment of costs against the land.
9.06.160 Refusal to abate – Misdemeanor.
9.06.010 Purpose and declaration of nuisance.
In addition to other statutory authority for the removal of vehicles from public or private property and in accordance with the authority granted by the state of California under California Vehicle Code Section 22669 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 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 health, safety and general welfare. Therefore, the presence of an abandoned, wrecked, dismantled or inoperative vehicle or parts thereof, on private or public property, 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. [Ord. 2010-126 § 1 (Exh. A)].
9.06.020 Definitions.
The following definitions apply to the use of these terms for purposes of this chapter:
“Abandoned vehicle” means any vehicle which has been left standing for more than 72 hours, pursuant to AVMC 9.04.040(C), on any street, highway, public or private property without the consent of the person or entity that lawfully owns, controls, or occupies that property.
“Chief of police services” means the chief of police services or designee.
“Dismantled vehicle” means a vehicle that has had, intentionally or unintentionally, one or more critical parts removed for 72 hours or more. A critical part is any part that is needed to safely and legally operate the vehicle, including but not limited to a wheel or tire, windshield, door, side quarter panel, trunk, hood, roof, steering wheel, or transmission. A vehicle can be dismantled whether or not it is in an operative condition.
“Enclosed private property” means the fenced-in grounds immediately surrounding a house, other dwelling area or commercial buildings.
“Highway” or “street” means a way or place of whatever nature that is publicly maintained and open to public use for purposes of vehicular travel.
“Inoperative vehicle” means any abandoned, dismantled, nonfunctional, unlicensed, unregistered, or wrecked vehicle, or parts thereof, or any vehicle incapable of operating safely and legally upon any highway, roadway, public street, or waterway. Conditions that may render a vehicle inoperative include, but are not limited to:
1. An accumulation of dirt, cobwebs, or debris on the vehicle, to the extent that visibility may be limited, or long-term nonuse is indicated.
2. Any accumulation of items stored on, around, or in the vehicle.
3. An accumulated growth of vegetation adjacent to the vehicle indicating nonuse.
4. Any other unsightly conditions indicating inoperability or long-term nonuse.
5. Vehicular incapability of performing the function for which the vehicle was designed by virtue of missing parts or severely damaged components, including, but not limited to, deflated tires or severe oil leakage.
6. Operation of the vehicle is prohibited on a highway pursuant to California Vehicle Code Sections 4000, 5201, 24002, and/or 40001.
“Property owner” means the owner of nonpublic land on which a vehicle is located, as shown on the last equalized assessment roll.
“Vehicle” means a device by which any person or property may be propelled, moved, or drawn upon a roadway, except a device moved by human power or used exclusively upon stationary rails or tracks. Vehicle also include part(s) thereof, as well as, by way of illustration only, motorcycles, trailers, carts, campers, recreational vehicles, buses or other auxiliary vehicles capable of moving or being drawn upon a roadway. Watercraft, such as boats, catamarans, dinghies, vessels, and other watercraft shall be considered vehicles for purposes of this chapter.
“Vehicle owner” means the last registered owner of record, as shown by Department of Motor Vehicles records. [Ord. 2010-126 § 1 (Exh. A)].
Cross-references: definitions generally, AVMC 1.02.010, 9.02.030.
9.06.030 Registration.
All inoperative vehicles legally stored in accordance with this chapter must have proof of ownership registered to the property address on which the vehicle is located. [Ord. 2010-126 § 1 (Exh. A)].
9.06.040 Exemptions.
This chapter is not applicable to:
A. A vehicle 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.
B. A vehicle 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 and permitted for the operation of a lawfully conducted business or commercial enterprise.
C. A vehicle maintained on public property as an historic artifact.
D. Nothing in this section shall authorize the maintenance of a public or private nuisance as defined under provisions of law other than this chapter. [Ord. 2010-126 § 1 (Exh. A)].
Cross-reference: junk collector or junk dealer, business license required, AVMC 4.01.020.
9.06.050 Other remedies.
This chapter is not the exclusive regulation of abandoned, wrecked, dismantled or inoperative vehicles within the city. It shall supplement and be in addition to the other regulatory codes, statutes and ordinances enacted by the city or any other legal entity or agency having jurisdiction. [Ord. 2010-126 § 1 (Exh. A)].
9.06.060 Administration and enforcement.
A. Except as otherwise provided herein, the provisions of this chapter shall be administered and enforced by the chief of police services. In the enforcement of this chapter, such officer and his or her designees may enter upon private or public property to examine a vehicle or parts thereof, or obtain information as to the identity of the vehicle owner and to remove or cause the removal of a vehicle or parts of it declared to be a nuisance pursuant to this chapter.
B. 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 chief of police services shall have the authority to cause the abatement and removal in accordance with the procedure prescribed in this chapter. [Ord. 2010-126 § 1 (Exh. A)].
9.06.070 Authority to remove.
When the city council has contracted with or granted a franchise to any person or persons to do so, such person or persons shall be authorized to enter upon private property or public property to remove or cause the removal of a vehicle pursuant to this chapter. [Ord. 2010-126 § 1 (Exh. A)].
9.06.080 Costs of administration.
The city council shall, by resolution, determine and fix an amount to be assessed as administrative costs under this chapter, which shall be in addition to the actual cost of removal of any vehicle. [Ord. 2010-126 § 1 (Exh. A)].
9.06.090 Notice of intention to abate and remove – Form and mailing of notices.
A. Not less than 10 days prior to the removal of a vehicle pursuant to this chapter, the chief of police services shall mail, by registered or certified mail, a notice of intention to abate and remove such vehicle, as a public nuisance, to the property owner and to the vehicle owner, unless the vehicle is in such condition that identification numbers are not available to determine ownership or the property owner and the vehicle owner have signed releases authorizing removal and waiving further interest in the vehicle.
B. The notice of intention required by subsection (A) of this section shall be in substantially the following forms:
PROPERTY OWNER
NOTICE OF INTENTION TO ABATE AND REMOVE AN ABANDONED, WRECKED, DISMANTLED OR INOPERATIVE VEHICLE OR PARTS THEREOF AS A PUBLIC NUISANCE
(Name and address of property owner)
As the owner shown on the last equalized assessment roll of the land located at [INSERT ADDRESS], you are hereby notified that the undersigned, pursuant to section 9.06.060 of the Aliso Viejo Municipal Code, has determined that there exists upon the land an abandoned, wrecked, dismantled or inoperative vehicle, or parts thereof, (“vehicle”), registered to _________________________, license number _______________, which constitutes a public nuisance pursuant to section 9.06.010 of the Aliso Viejo Municipal Code.
You are hereby ordered to abate said nuisance by the removal of said vehicle or parts thereof, within ten (10) days of the date indicated on this notice, and upon your failure to do so, the same will be abated and removed by the city with administrative costs, assessed to you as the owner of the land on which said vehicle is located. Upon removal, said vehicle(s) shall not be reconstructed or made operable unless it qualifies for either horseless carriage license plates or historical vehicle license plates pursuant to section 5004 of the Vehicle Code.
As the owner of property on which said vehicle is located, you are hereby notified that you may, within ten (10) days of the date indicated on this notice of intention, request a public hearing, and if such a request is not received by the chief of police services within such ten-day (10) period, the chief of police services shall have the authority to abate and remove said vehicle as a public nuisance and assess the cost of such removal without a public hearing. You may submit a sworn written statement within such ten (10) day period denying responsibility for the presence of the vehicle on the 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 vehicle owner or, in lieu thereof, may present a sworn written statement in time for consideration at such hearing.
Date Notice Mailed ________________
/s/ ______________________________
Chief of Police Services
VEHICLE OWNER
NOTICE OF INTENTION TO ABATE AND REMOVE AN ABANDONED, WRECKED, DISMANTLED OR INOPERATIVE VEHICLE, OR PARTS THEREOF, AS A PUBLIC NUISANCE
(Name and address of last registered and/or legal owner of record of vehicle – notice should be given to both if different).
As the 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 9.06.060 of the Aliso Viejo Municipal Code has determined that said vehicle (or parts of a vehicle) constitutes an abandoned, wrecked, dismantled or inoperative vehicle at (describe location on public or private property) and is a public nuisance pursuant to the provisions of Chapter 9.06 of the Aliso Viejo Municipal Code.
You are hereby ordered to abate said nuisance by the removal of said vehicle (or said parts of a vehicle) within ten (10) days from the date indicated on this notice.
As the registered (and/or legal) owner of record of said vehicle (or said parts of a vehicle), you are hereby notified that you may, within ten (10) days of the date indicated on this notice of intention, request a public hearing, and if such a request is not received by the chief of police services within such ten (10) day period, the chief of police services shall have the authority to abate and remove said vehicle (or said parts of a vehicle) without a public hearing.
Date Notice Mailed ________________
/s/ ______________________________
Chief of Police Services
[Ord. 2010-126 § 1 (Exh. A)].
9.06.100 Public hearing.
A. Upon request by the property owner or the vehicle owner, received by the chief of police services within 10 days after the mailing of the notices of the intention to abate and remove, a public hearing shall be held pursuant to applicable provisions of Article III of Chapter 1.06 AVMC.
B. If the property owner submits a sworn written statement denying responsibility for the presence of the vehicle on his land within such 10-day period, said statement shall be construed as a request for a hearing which does not require the property owner’s presence.
C. Notice of the hearing shall be mailed, by registered or certified mail, at least 10 days before the hearing to the property owner, and to the vehicle owner, if known. If such a request for hearing is not received within said 10 days after mailing the notice of intention to abate and remove, the chief of police services shall have the authority to abate and remove the vehicle as a public nuisance without holding a public hearing. [Ord. 2010-126 § 1 (Exh. A)].
9.06.110 Procedure for hearings and orders.
A. All hearings under this chapter shall be conducted by a hearing officer pursuant to applicable provisions of Article III of Chapter 1.06 AVMC.
B. If it is determined at the hearing that the vehicle was placed on land without the consent of the property owner and that he or she has not subsequently acquiesced to its presence, the cost of administration or removal of the vehicle shall not be assessed against the property owner or the property upon which the vehicle is located.
C. The hearing officer’s written decision shall be mailed, by registered or certified mail, to the property owner and the vehicle owner. [Ord. 2010-126 § 1 (Exh. A)].
9.06.120 Appeal.
The decision of the hearing officer may be appealed pursuant to the provisions set forth in AVMC 1.06.270. [Ord. 2010-126 § 1 (Exh. A)].
9.06.130 Disposition of vehicle after order or appeal.
A. A vehicle determined to be abandoned, wrecked, dismantled or inoperative pursuant to this chapter may be disposed of by removal to a scrap yard or automobile dismantler’s yard or another suitable site for the disposal of such vehicle as scrap, as determined by the chief of police services, within the following time periods:
1. Ten days after the mailing of the notice of intention pursuant to AVMC 9.06.090 if a hearing has not been requested pursuant to AVMC 9.06.100; or
2. Ten days after the mailing of the hearing officer’s decision pursuant to AVMC 9.06.110, if the hearing officer’s decision has not been appealed to the city council pursuant to AVMC 9.06.120; or
3. Ten days after action of the city council ordering the removal of the vehicle pursuant to AVMC 1.06.270.
B. After a vehicle has been removed, it shall not thereafter 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 California Vehicle Code Section 5004, in which case the vehicle may be reconstructed or made operable. [Ord. 2010-126 § 1 (Exh. A)].
9.06.140 Notice to state.
Within five days after the date of removal of a vehicle pursuant to this chapter, the chief of police services shall give notice to the Department of Motor Vehicles of the state, identifying the vehicle removed and any evidence of registration available, including registration certificates of title and license plates. [Ord. 2010-126 § 1 (Exh. A)].
9.06.150 Assessment of costs against the land.
If the administrative costs and the cost of removal which are charged against the property owner pursuant to this chapter 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 and collected pursuant to California Government Code Section 38773.5. [Ord. 2010-126 § 1 (Exh. A)].
9.06.160 Refusal to abate – Misdemeanor.
It is unlawful and a misdemeanor for any person to fail or refuse to remove an abandoned, wrecked, dismantled or inoperative vehicle or refuse to abate the nuisance when ordered to do so in accordance with the provisions of this chapter or state law, where such state law is applicable. [Ord. 2010-126 § 1 (Exh. A)].
Cross-reference: violations and penalties generally, Chapter 1.06 AVMC.
Cross-references: unauthorized camping, sleeping and storage of personal property on public property, Chapter 8.22 AVMC; nuisances, AVMC 8.24.010.