CHAPTER 5
REMOVAL OF ABANDONED VEHICLES
Sections:
Part 1. General Provisions
§ 4511 Limitations of Chapter.
§ 4512 Enforcement of Chapter by City Administrator.
Part 2. Procedure for Removal of Abandoned Vehicles
§ 4520 Notice of Intention to Remove Vehicle.
§ 4521 Request for Public Hearing – Absence of Request.
§ 4522 Public Hearing – Conduct.
§ 4522.5 Public Hearings – Findings and Determinations.
§ 4523 Appeal to the City Council.
§ 4525 Notice of Removal to Department of Motor Vehicles.
§ 4526 Costs of Removal – Assessed Against Land.
4500 Short Title.
Chapter 5 of Article IV of the Carson Municipal Code may be cited as “The Abandoned Vehicle Ordinance” of the City of Carson. (Ord. 73-259, § 1)
4501 Declaration of Policy.
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 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 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. (Ord. 73-259, § 1)
Part 1. General Provisions
4510 Definitions.
As used in this Chapter, unless the context otherwise clearly indicates, the following words and phrases are defined as follows:
(a) The term “vehicle” 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 power or used exclusively upon stationary rails or tracks.
(b) The term “highway” 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.
(c) The term “public property” does not include “highway.”
(d) The term “owner of the land” means the owner of the land on which the vehicle, or parts thereof, is located, as shown on the last equalized assessment roll.
(e) The term “owner of the vehicle” means that last registered owner and legal owner of record.
(f) The term “City Administrator” means the City Administrator or the person designated in writing by the City Administrator to act in the City Administrator’s place. (Ord. 73-259, § 1; Ord. 84-676, § 2)
4511 Limitations of Chapter.
This Chapter shall not apply to:
(a) A 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
(b) A 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.
(c) A vehicle or parts thereof which is directly behind a solid fence six (6) feet in height or which is not plainly visible from a highway.
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. (Ord. 73-259, § 1)
4512 Enforcement of Chapter by City Administrator.
Except as otherwise provided herein, the provisions of this Chapter shall be administered and enforced by the City Administrator.
(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 of Carson, the City Administrator 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 such officer and his deputies 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.
(c) The City Administrator 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. (Ord. 73-259, § 1; Ord. 84-676, § 3)
4513 Misdemeanor.
It shall be 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 ten (10) days. (Ord. 73-259, § 1)
Part 2. Procedure for Removal of Abandoned Vehicles
4520 Notice of Intention to Remove Vehicle.
A ten (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 2 of the ordinance codified in this Chapter. (Ord. 73-259, § 1)
4521 Request for Public Hearing – Absence of Request.
Upon request by the owner of the vehicle or the owner of the property on which the vehicle is located received by the City Administrator within ten (10) days after the mailing of the notices of intention to abate and remove, a public hearing shall be held by the City Council or its designate 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 land within such ten (10) day period, said statement shall be construed as a request for a hearing which does not require his presence.
(b) If such a request for hearing is not received within ten (10) days after mailing of the notice of intention to abate and remove, the City of Carson shall have the authority to abate and remove the vehicle or parts thereof as a public nuisance without holding a public hearing.
(c) Notice of the hearing shall be mailed, by registered mail, at least ten (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. (Ord. 73-259, § 1)
4522 Public Hearing – Conduct.
All hearings under this Chapter shall be held before the City Council or its designate which shall hear all facts and testimony it deems pertinent. Said facts and testimony may include testimony of the condition of the vehicle or parts thereof and the circumstances concerning its location on the said private property or public property. The City Council or its designate 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. (Ord. 73-259, § 1)
4522.5 Public Hearings – Findings and Determinations.
(a) The City Council or its designate may impose such other action as it deems appropriate under the circumstances to carry out the purpose of this Chapter. It may delay the time for removal of the vehicle or parts thereof if, in its opinion, the circumstances justify it. At the conclusion of the public hearing, the City Council or its designate 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 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.
(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 he has not subsequently acquiesced in its presence, the City Council or its designate 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.
(c) If an interested party makes a written presentation to the City Council or its designate but does not appear, he shall be notified in writing of the decision. (Ord. 73-259, § 1)
4523 Appeal to the City Council.
Any interested party may appeal the decision of the City Council or its designate by filing a written notice of appeal with the City Administrator within five (5) days after its decision. (Ord. 73-259, § 1)
4524 Removal of Vehicle.
Five (5) days after adoption of the order declaring the vehicle or parts thereof to be a public nuisance, five (5) days from the date of mailing of notice of the decision by the City Council or its designate if such notice is required by CMC 4522.5(c), or fifteen (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.
After a vehicle has been removed it shall not thereafter be reconstructed or made operable.
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 or public property to remove or cause the removal of a vehicle or parts thereof declared to be a nuisance pursuant to this Chapter. (Ord. 73-259, § 1)
4525 Notice of Removal to Department of Motor Vehicles.
Within five (5) 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 parts removed. At the same time there shall be transmitted to the Department of Motor Vehicles any evidence or registration certificates, certificates of title and license plates. (Ord. 73-259, § 1)
4526 Costs of Removal – Assessed Against Land.
If the administrative costs and the cost of removal which are charged against the owner of a parcel of land pursuant to CMC 4522.5 are not paid within thirty (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. (Ord. 73-259, § 1)