Chapter 10.20
VEHICLE ABATEMENT AND REMOVAL PROGRAM1
Sections:
10.20.060 Chapter supplement to existing law.
10.20.090 Emergency abatement and other services.
10.20.100 Abatement procedures for vehicles which are a public nuisance.
10.20.110 Payment for abatement of vehicles which are a public nuisance.
10.20.120 Appeals of abatement.
10.20.130 Advanced hardship waiver.
10.20.140 Cancellation of charges.
10.20.150 Procedure for refund of payment.
10.20.160 Payment for abatement of abandoned vehicles.
10.20.170 Disposal of vehicles which are a public nuisance.
10.20.180 Abatement procedures for vehicles which are abandoned.
10.20.190 Abatement procedures for abandoned vehicles which are valued at greater than $300.00.
10.20.200 Procedure for redemption of vehicles.
10.20.210 Authorization to enforce city ordinances and vehicle code provisions.
10.20.220 Administration of chapter.
10.20.010 Authority.
Pursuant to the authority cited in this chapter, California Vehicle Code Sections 22660 and 22669, California Government Code Section 38773.5 and the authority granted by the state and California Constitution Article XI, Section 7, the city council of the city authorizes the community development director of the city or his or her designee to enforce the provisions of this chapter within the city. This authority includes the right to enter private or public property for the purposes specified in this chapter, to examine a vehicle or parts thereof, to obtain information as to the identity of a vehicle and remove or cause the removal of a vehicle or part thereof declared to be a nuisance, provided such persons comply with applicable law in obtaining authority to enter upon private property. The authority granted under this provision shall extend to any person performing a franchise or contract awarded by the city pursuant to Vehicle Code Section 22710 after a determination has been made by the community development director, or his or her designee, pursuant to Section 22669. (Ord. 413 § 1, 2017; Ord. 370 § 34, 2012; Ord. 183 § 1, 1994)
10.20.020 Authorization to enter into agreement with San Bernardino County, SANBAG or others for vehicle abatement service subject to city council approval.
A. The city may enter into an agreement with San Bernardino County, SANBAG, a vehicle abatement service authority, or others, as appropriate for vehicle abatement services; provided, that San Bernardino County, SANBAG, the vehicle abatement service authority, or others, will enforce the provisions of this chapter. Any such agreement must be separately approved by the city council. If the city enters into an agreement with San Bernardino County, SANBAG, a vehicle abatement service authority or others for abatement services, all references in this chapter to the responsibilities of the city in this chapter may become the responsibility of the contractor.
B. The city may also enter into a franchise or execute a contract for the removal of abandoned vehicles in accordance with applicable law. Any such agreement must be approved by the city council. (Ord. 183 § l, 1994)
10.20.030 Definitions.
For the purpose of this chapter, unless otherwise apparent from the context, phrases used in this chapter are defined as follows:
“Abandoned vehicle” means a vehicle which is located on public or private property without the express or implied consent of the property owner or person in lawful possession or control of the property.
“Appeals board” means the planning commission of the city of Highland that shall preside over administrative hearings involving municipal code or state code violations cited by the city or an authorized enforcement officer pursuant to this chapter.
“Director” means the community development director of the city, or his or her designee.
“Dismantled” means that integral component parts necessary to operate the vehicle on a highway, roadway or public street have been removed from the vehicle.
“Fee” means any amount of money charged, fined, or paid to the city relating to the administrative and/or enforcement costs incurred for the purpose of enforcing this chapter.
“Highland police department” means the law enforcement agency for the city, including, but not limited to, the San Bernardino County sheriff, acting under contract to the city.
“Inoperable” means the vehicle is absent a motor, transmission, wheels or any other part or equipment necessary to operate safely on a highway, roadway or public street, or to be moved under its own power. “Inoperable” also means a vehicle that is not currently registered with the Department of Motor Vehicles.
“Junked” means a vehicle which has been destroyed or damaged to such an extent that it is nonrepairable.
“Licensed dismantler’s yard” means premises used for dismantling or wrecking of vehicles, where there is buying, selling or dealing in such vehicles, their integral parts, or component materials thereof, and the sale of dismantled, partially dismantled, wrecked or inoperative vehicles.
“Lien sale” means a sale of a vehicle to obtain legal ownership of a vehicle under title or requiring registration, under the California Vehicle Code.
“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.
“Owner of the vehicle” means the last registered owner and legal owner of record.
“Person” means a natural person, individual, firm, copartnership, association, or corporation.
“Private property” means property owned by a person other than a public entity.
“Public property” means property owned by a public entity.
“Roadway” means that portion of a highway which is improved, designed or ordinarily used for vehicular travel, including improved shoulders.
“Unattended vehicle” means a vehicle for which a licensed driver responsible for the same is not within an audible distance and immediately available for moving the vehicle.
“Vehicle” means any device by which persons or property may be propelled, moved, or drawn upon a highway, and shall include all types of motor vehicles, but shall exclude devices moved exclusively by human power or used exclusively upon stationary rails or tracks.
“Wrecked” means a vehicle which has been damaged to such an extent that it is only semi-repairable and/or uneconomical to repair. (Ord. 440 § 13, 2019; Ord. 413 § 2, 2017; Ord. 183 § 3, 1994)
10.20.040 Public nuisances.
Pursuant to the determination made, and the authority granted by the state under Section 22660 et seq. of the California Vehicle Code to abate and remove abandoned, dismantled, inoperative, junked, and wrecked vehicles, and/or parts thereof as public nuisances, and in accordance with the city’s police power authority, the city council of the city makes the following findings and declaration:
A. The accumulation and storage of dismantled, wrecked, inoperative, junked, abandoned vehicles or parts thereof on private or public property is found to create a condition tending to reduce the value of private and public property, to promote blight and deterioration, 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 of the public.
B. Therefore, the presence of abandoned, dismantled, inoperative, junked or wrecked vehicles, or parts thereof on private or public property (other than on streets, public roadways, alleys, rights-of-way and highways) in the city, except as expressly permitted in this chapter, is declared to constitute a public nuisance which may be abated as such in accordance with the provisions of this chapter. (Ord. 183 § 4, 1994)
10.20.050 Exceptions.
A. This chapter shall not apply to any vehicle or parts thereof which is completely enclosed within a building consisting of four walls and roof in a lawful manner, where such vehicle is not visible from the street or other public or private property or a vehicle, or parts thereof, which is stored or parked in a lawful manner on property used in connection with the business of a licensed dismantler, garage, vehicle dealer or junkyard.
B. This exception shall not authorize the maintenance of a public or private nuisance as defined under the provisions of law other than this chapter. (Ord. 183 § 5, 1994)
10.20.060 Chapter supplement to existing law.
This chapter is not the exclusive regulation of abandoned, dismantled, inoperative, junked or wrecked vehicles or parts thereof or public nuisances within the city. 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. 183 § 6, 1994)
10.20.070 Prohibited uses2.
Any abandoned, dismantled, inoperative, junked or wrecked vehicles or parts thereof, or fully or partially disassembled vehicle (including vehicles without hoods, fenders, engines, body panels, headlights, trunk lids, wheels, windows or windshields) when placed or kept for more than 72 hours in residential, commercial or industrial sites (except licensed vehicle impound storage yards, garages, vehicle dealers, junkyards and/or dismantling yards) and visible from outside the parcel of land upon which such is or are kept is prohibited and constitutes a violation of this chapter. (Ord. 183 § 7, 1994)
10.20.080 Duty to abate.
A. No person shall cause, permit, maintain, conduct or otherwise allow an abandoned, dismantled, inoperative, junked or wrecked vehicle, or parts thereof, to be openly stored within the city.
B. It shall be the duty of every owner, and/or occupant, in control of any land located within the city to remove, abate, and prevent the recurrence of open storage of such a vehicle. Any recurrence of such condition of a specific vehicle on the same property may be deemed a continuation of the original condition and additional notification requirements under HMC 10.20.100 and 10.20.210 shall not be required. (Ord. 183 § 8, 1994)
10.20.090 Emergency abatement and other services.
A. Emergency Abatement. When a vehicle defined by this chapter as a public nuisance constitutes an immediate hazard or threat of harm and the situation calls for abatement sooner than the procedures in this chapter allow, the director or designee, or the Highland police department may take or cause emergency removal of such nuisance with such notice to parties concerned, or without notice, as the particular circumstances reasonably allow. Required notification procedures prior to disposal of such vehicle(s) shall be followed.
B. Request for Service. If any member of the public, except self storage operators, requests the city, in writing, to remove abandoned, dismantled, inoperative, junked or wrecked vehicles or parts thereof, the director or his or her designee is authorized to provide processing and removal for a fee which covers all city costs. The city or its contractors may dispose of the removed abandoned, dismantled, inoperative, junked or wrecked vehicles or parts thereof, through transfer of title or lien sale process, or otherwise as authorized by law.
C. Complaints. The director or his or her designee will investigate complaints associated with abandoned, dismantled, inoperative, junked or wrecked vehicles or parts thereof. The complaint may be phoned in or be in writing and must have situs address and/or assessor parcel number with a description of the violation. The process referred to in HMC 10.20.100 will be utilized for abatement if such is determined to be appropriate. (Ord. 183 § 9, 1994)
10.20.100 Abatement procedures for vehicles which are a public nuisance.
A. A 10-day notice of intention to abate and remove the vehicle, or parts thereof, as a public nuisance shall be mailed by registered or certified mail to the owner of the land as shown on 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 identification numbers are not available to determine ownership. Service of the notice shall be complete upon depositing the notice in the U.S. mail, postage prepaid. Return receipt requested is not required for mailing of the notice.
B. The notices of intention shall be in substantially the following forms, shall comply with state law requirements as such requirements now exist and are hereafter amended, and such forms may be modified by action of the city council without amending this chapter:
1. Form of notice to owner of the land:
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 owner of the land)
As owner shown on the last equalized assessment roll of the land located at (address), you are hereby notified that the undersigned has determined that there exists upon said land an (or parts of an) abandoned, wrecked, dismantled, or inoperative vehicle registered to ________, license or VIN number _______, which constitutes a public nuisance pursuant to the provision of Highland Municipal Code section 10.20.040.
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.
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 a request is not received by the City Clerk within such 10-day period, the community development director or his or her designee 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 a 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.
NOTICE MAILED: _________________
(Authorized Representative)
City of Highland
2. Form of notice to owner of the vehicle:
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 has determined that said vehicle (or parts of a vehicle) exists as an abandoned, wrecked, dismantled, or inoperative vehicle at (describe location on public or private property) and constitutes a public nuisance pursuant to the provision of Highland Municipal Code section 10.20.040.
You are hereby notified to abate said nuisance by removing said vehicle (or said parts of a vehicle) within 10 days from the date of the mailing of 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 10 days after the mailing of this notice of intention, request a public hearing or may submit a sworn written statement denying responsibility for the presence of the vehicle on the land, with his or her reasons for such denial, in lieu of appearing. If such request is not received by the City Clerk within such 10-day period, the community development director or his or her designee shall have the authority to abate and remove said vehicle (or said parts of a vehicle) without a hearing.
NOTICE MAILED: __________________
(Authorized Representative)
City of Highland
C. If the nuisance is not abated and a request for hearing has not been received within the time period given in the notice, the city, its authorized agent, contractor or employee, is authorized to abate the nuisance.
D. A “notice of intention to abate and remove” shall not be required for removal of a vehicle, or parts thereof, which is inoperable due to the absence of a motor, transmission, or wheels and incapable of being towed; is valued at less than $200.00; and is determined 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 parts thereof. Pursuant to Vehicle Code Section 22661, notice of intent to dispose of the vehicle, or parts thereof, shall be provided to the last registered and legal owners prior to final disposition. If the vehicle, or parts thereof, are not claimed and removed within 12 days after the notice is mailed, the city, or its contractor, may authorize disposal of the vehicle and parts thereof. The city and its contractors shall not be liable for damage caused to a vehicle, or parts thereof, by removal pursuant to this section. This paragraph shall only apply to inoperable vehicles located upon a parcel that (1) is zoned for agricultural use, or (2) is not improved with a residential structure containing one or more dwelling units.
E. Notice shall be given to the Department of Motor Vehicles within five days after the date of removal of vehicles under this section, identifying the vehicle, or parts thereof, and any evidence of registration available, including, but not limited to, the registration card, certificates of ownership, or license plates.
F. No vehicle which has been abated or removed as a public nuisance shall 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 California Vehicle Code Section 5004, in which case the vehicle may be reconstructed or made operable.
G. The city, its employees and agents, or contract services shall not be liable for damage caused to a vehicle, or parts thereof, by removal pursuant to this chapter. (Ord. 413 § 3, 2017; Ord. 183 § 10, 1994)
10.20.110 Payment for abatement of vehicles which are a public nuisance.
A. When abatement has been completed, the director or designee may render to the city finance officer an itemized statement covering work necessary for the abatement. The finance officer may present the property owner a demand for payment by mail. If payment is not made on behalf of the property owner within 60 days after mailing of such bill, the director or his or her designee may file the necessary documents to make the cost of the abatement of the nuisance a special assessment against that parcel of land as provided in Government Code Section 38773.5. The assessment may be collected at the same time and in the same manner as ordinary municipal taxes are collected and shall be subject to the same penalties and sale in case of delinquency as provided for ordinary municipal taxes.
B. All laws applicable to the levy, collection and enforcement of municipal taxes shall be applicable to the special assessment. However, if any real property to which the cost of abatement relates has been transferred or conveyed to a bona fide purchaser for value, or if a lien of a bona fide encumbrancer of value has been created and attached thereon, prior to the date on which the first installment of such taxes would become delinquent, then the cost of abatement shall not result in a lien against the real property, but instead, shall be transferred to the unsecured roll for collection.
C. Notices or instruments relating to abatement proceedings or special assessment shall be entitled to recordation. Costs of removal and administrative costs are a debt to the city from the owner of the property and/or vehicle and may be enforced as such in any court of competent jurisdiction. (Ord. 183 § 11, 1994)
10.20.120 Appeals of abatement.
A. The owner of the vehicle or the owner of the land may request an administrative appeal of the determination of the director that the vehicle is an abandoned, wrecked, dismantled or inoperative vehicle, the order of abatement, or the assessment of the administrative costs and/or cost of removal of the vehicle, or parts thereof, against the property on which it is located.
B. Such an administrative appeal must be filed with the city clerk within 10 days following the date of mailing of the notice of abatement. The administrative appeal must be filed on a request for hearing form and must be accompanied by the administrative hearing fee in an amount set forth by city council resolution, or a request for an advance deposit hardship waiver. A request for hearing form may be obtained from the finance department and must specify the basis for the appeal.
C. If the owner of the land submits a sworn written statement denying responsibility for the presence of the vehicle on his/her land within such 10-day period, said statement shall be construed as a request for a hearing, which does not require his/her presence. The administrative hearing shall be held before the appeals board following the procedures set forth in subsection F of this section.
D. 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 condition that identification numbers are not available to determine ownership.
E. If the owner of the land or the owner of the vehicle do not request a hearing pursuant to the procedures set forth in this chapter, the city shall have the authority to abate and remove the vehicle, or parts thereof, as a public nuisance without holding a public hearing in accordance with the provisions of this chapter.
F. The administrative hearing shall be held before the appeals board. The appeals board shall hear all facts and testimony deemed pertinent. Said facts and testimony may include testimony on the condition of the vehicle, or part thereof, the circumstances concerning the vehicle’s location on the private property or public property, and/or that the vehicle is on private property without the owner’s permission. The appeals board shall conduct the administrative hearing in accordance with the following procedures:
1. At the hearing, the appeals board shall receive oral and written evidence from the director and the appellant. The evidence presented need not comply with the strict rules of evidence set forth in the California Evidence Code but shall be the type of evidence upon which reasonable and prudent people rely upon in the conduct of serious affairs. The director shall have the burden of proof to establish by clear and convincing evidence the facts upon which his or her decision is based.
2. The appeals board may uphold, modify or reverse the decision of the director. The appeals board may impose such conditions and take such other action as it deems appropriate under the circumstances to carry out the purpose of this chapter. This may delay the time for removal of the vehicle, or part thereof, if, in the opinion of the appeals board, the circumstances justify the delay. At the conclusion of the public hearing, the appeals board may find that a vehicle, or part 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 provided in this chapter and determine the administrative costs and the cost of removal to be charged against the owner of the land on which the vehicle, or part thereof, is located. The order requiring removal shall include a description of the vehicle, or part thereof, and the correct identification number and license number of the vehicle, if available at the site.
3. The appeals board shall make written findings supporting its decision and a copy of the written decision shall be mailed to the owner of the land and owner of the vehicle.
G. Any owner of the land or owner of the vehicle may further appeal the determination of the appeals board to the city council by submitting a new request for hearing form specifying the basis for the appeal, and returning it to the city within 10 days from the date of service of the appeals board’s order, together with a second administrative hearing fee if an advance deposit hardship waiver has not been issued. (Ord. 440 § 14, 2019; Ord. 413 § 4, 2017; Ord. 183 § 12, 1994)
10.20.130 Advanced hardship waiver.
A. Any person who intends to request an administrative hearing to appeal the notice of abatement, order of abatement, or cost of removal, and who is financially unable to make the advance deposit of the administrative hearing fee as required, may file a request for an advance deposit hardship waiver.
B. The request shall be filed with the city finance department on an advance deposit hardship waiver request form, which is available from the city finance department, within 10 days of the date of service of the notice of abatement or within 30 days of the date of service of the cost of removal.
C. The requirement of depositing the full amount of the administrative hearing fee, as required, shall be stayed until the city finance department makes a determination not to issue the advance deposit hardship waiver.
D. The city finance department may waive the requirement of an advance deposit and issue the advance deposit hardship waiver only if the cited party submits to the city finance department a sworn affidavit, together with any supporting documents or materials, demonstrating to the satisfaction of the city finance department the person’s financial inability to deposit with the city the full amount of the administrative hearing fee in advance of the hearing.
E. The city finance department shall issue a written determination listing the reasons for the determination to issue or not issue the advance deposit hardship waiver, which shall be served upon the person who applied for the advance deposit hardship waiver.
F. Any recipient of an order of abatement may appeal the determination of the city finance department to the city manager by submitting a new request for an advance deposit hardship waiver and returning it to the city within 10 days from the date of service of the city finance department’s determination; otherwise, the city finance department’s written determination shall be final.
G. If the city manager determines not to issue an advance deposit hardship waiver, the person shall remit the deposit to the city within 10 days of the date or the first business day thereafter of service of that decision.
H. The city manager shall issue a written determination listing the reasons for the determination to issue or not issue the advance deposit hardship waiver, which shall be served upon the person who applied for the advance deposit hardship waiver. The written determination of the city manager shall be final. (Ord. 413 § 5, 2017; Ord. 183 § 13, 1994)
10.20.140 Cancellation of charges.
All or any portion of any such special assessment, penalty, or costs heretofore entered, shall on order of the appeals board be canceled if uncollected, or refunded by the city if collected, if it or they were entered, charged, or paid:
A. More than once;
B. Through clerical error;
C. Through the error or mistake of the appeals board, the director, or the person designated by the appeals board to give notice to abate regarding any material fact relevant to the determination of a charge;
D. Illegally;
E. The owner of the land was not responsible for the vehicle(s);
F. On property acquired after the lien date by the state or by any county, city, school district, or other political subdivision and because of this public ownership, not subject to sale for delinquent taxes. (Ord. 440 § 14, 2019; Ord. 413 § 6, 2017; Ord. 183 § 14, 1994)
10.20.150 Procedure for refund of payment.
No order for a refund under the foregoing section shall be made except on a claim:
A. Verified by the person who paid the special assessment, their guardian, executor, or administrator;
B. Filed within three years after making the payment sought to be refunded. (Ord. 183 § 15, 1994)
10.20.160 Payment for abatement of abandoned vehicles.
A. Abandonment of any vehicle on public or private property shall constitute a prima facie presumption that the last registered owner of record is responsible for the abandonment and is thereby liable for the cost of removal and disposition of the vehicle. When the abatement has been completed, the director or his or her designee may render to the city finance officer an itemized statement covering work necessary for abatement and the finance officer may present to the registered owner of the vehicle a demand for payment of the costs required for removal and disposition of the vehicle pursuant to Vehicle Code Section 22669 and appropriate provisions of this chapter, not to exceed those for towing and seven days of storage.
B. This limitation shall not apply if the registered owner or legal owner of the vehicle has completed and returned to the lien holder a declaration of opposition form within the time specified in Vehicle Code Section 22851.8. (Ord. 183 § 16, 1994)
10.20.170 Disposal of vehicles which are a public nuisance.
If a vehicle and parts thereof are removed from a property as a public nuisance, the vehicles or parts thereof may be disposed of by removal to a scrap yard, licensed automobile dismantler’s yard or any suitable site determined by the city for processing as scrap. (Ord. 183 § 17, 1994)
10.20.180 Abatement procedures for vehicles which are abandoned.
A. If an abandoned vehicle and parts thereof, are removed from a property, and the estimated value of the vehicle is $300.00 or less, a distinctive notice which states that the vehicle will be removed by the city or its contractors shall be securely attached to the vehicle not less than 72 hours before the vehicle is removed. Immediately after removal of the vehicle the city shall notify the Stolen Vehicle System of the Department of Justice in Sacramento of the removal.
B. Within 48 hours of the removal, excluding weekends and holidays, a notice shall be sent to the registered and legal owners of the vehicle by registered or certified first class mail to the last address listed with the Department of Motor Vehicles, and to any other person known to have an interest in the vehicle. This notice shall include the following information:
1. The name, address and telephone number of the city;
2. The location of the place of storage and description of the vehicle which shall include, if available, make, license plate number, vehicle identification number, and mileage;
3. The authority and purpose for removing the vehicle;
4. A statement that the vehicle will be disposed of 15 days from the date of the notice;
5. A statement that the owners and interested persons, or their agents, have an opportunity for a post-storage hearing to determine the validity of the storage, if the request is made in person, in writing, or by telephone within 10 days from the date of the notice, that if the owner, or interested person or his/her agent, disagrees with the decision of the public agency, the decision may be reviewed pursuant to Section 11523 of the Government Code, and that during the time of the initial hearing or during the time the decision is being reviewed pursuant to Section 11523 of the Government Code, the vehicle in question shall not be disposed of;
6. Any requested hearings shall be conducted within 48 hours of the request, excluding weekends and holidays.
C. Failure of either the registered or legal owner or interested person or their agent to request or to attend a scheduled hearing shall satisfy due process post-storage validity hearing requirements.
D. If after 15 days from the notification date, the vehicle remains unclaimed and the towing and storage fees have not been paid, and if no request for a post-storage hearing was made or a post-storage hearing was not attended, the city may authorize disposal of the vehicle on a form approved by the Department of Motor Vehicles. If the vehicle is claimed by the owner or by his or her agent within 15 days of the notice date, the lien holder which is storing the vehicle may collect reasonable fees for services rendered, but may not collect lien sale fees as provided for in Vehicle Code Section 22851.12.
E. If the names and addresses of the registered and legal owners of the vehicle are not available from the records of the Department of Motor Vehicles, the city may authorize disposal of the vehicle at any time after the removal.
F. Disposal of the vehicle may only be to a licensed dismantler or scrap iron processor. A vehicle disposed of pursuant to this section shall not be reconstructed or made operable, unless it is a vehicle which qualifies for either horseless carriage or historical vehicle license plates. A copy of the city’s authorization for disposal shall be forwarded to the licensed dismantler within five days of the disposal to a licensed dismantler. A copy of the city’s authorization for disposal shall be retained by the lien holder who stored the vehicle for a period of 90 days if the vehicle is disposed of to a scrap iron processor.
G. The city, or at the request of the city, the lien holder, shall obtain a copy of the names and addresses of all persons having an interest in the vehicle, if any, from the Department of Motor Vehicles either directly or by use of the California Law Enforcement Telecommunications System. This section does not require the city or lien holder to obtain a copy of the actual record on file at the Department of Motor Vehicles. (Ord. 183 § 18, 1994)
10.20.190 Abatement procedures for abandoned vehicles which are valued at greater than $300.00.
After the abatement and removal process has occurred and the post-storage notification requirements described in HMC 10.20.180 have been met, a lien sale may be conducted on every removed, abandoned vehicle with a value of over $300.00 and such sale may be carried out if all fees and costs for the removal, storage and application for lien sale have not been paid and the vehicle has not been redeemed by the registered or legal owner of the vehicle. (Ord. 183 § 19, 1994)
10.20.200 Procedure for redemption of vehicles.
A. A vehicle which is valued at $300.00 or less, and which has been removed from a property by the city and/or its contract services as an abandoned vehicle, may be redeemed by the registered or legal owner of the vehicle after payment of reasonable removal and storage costs, excluding lien sale costs, within 15 days of the mailing date of notification of removal.
B. A vehicle which is valued at $300.00 or less, and which has been removed from a property by the city and/or its contract services as a public nuisance, may be redeemed by the registered or legal owner of the vehicle after payment of reasonable removal, storage and any lien sale costs within the time period provided in HMC 10.20.100.
C. A vehicle which is valued at greater than $300.00 and which has been removed from a property by the city and/or its contract services, may be redeemed by the registered or legal owner of the vehicle after payment of reasonable removal, storage and lien sale costs, within the time period provided in HMC 10.20.100. (Ord. 183 § 20, 1994)
10.20.210 Authorization to enforce city ordinances and vehicle code provisions.
A. Notwithstanding any other provision of this chapter, the director and his/her designated employees are authorized to remove abandoned and unattended vehicles pursuant to the provisions of the law, including appropriate ordinances adopted by the city, and abandoned vehicles pursuant to the provisions of Vehicle Code Section 22669.
B. In exercising this authority, they shall follow all procedural and legal requirements applicable to the sections. (Ord. 183 § 21, 1994)
10.20.220 Administration of chapter.
A. This chapter shall be administered under the direction and control of the city manager, who shall use only regularly employed and salaried officers or other employees in the administration thereof, according to the requirements of the law, except that, as authorized by the law, the removal of vehicles, or parts thereof from property may be by any other duly authorized person or agent of the city.
B. Any such authorized person or agent may enter upon private property for the purposes specified in the chapter to examine a vehicle, or parts thereof, obtain information as to the identity of a vehicle and remove, or cause the removal of a vehicle, or parts thereof, declared a public nuisance pursuant to this chapter. (Ord. 183 § 22, 1994)
10.20.230 Violation – Criminal penalties.
Repealed by Ord. 370. (Ord. 183 § 23, 1994)
10.20.240 Injunction.
A. Any use of property contrary to the provisions of this chapter shall be and is declared to be unlawful. Upon request of the director or his or her designee, an action for injunctive relief may be commenced for the abatement, removal and enjoinment thereof in the manner provided by law.
B. Application shall be made to such court or courts, which have jurisdiction to grant such relief, to abate or remove such use, and restrain and enjoin any person from using any property contrary to the provisions of this chapter. It shall be the right and duty of every citizen to participate and assist the city officials and their contractors in the enforcement of this chapter. (Ord. 183 § 24, 1994)
For provisions on vehicles as public nuisances, see HMC 8.32.020(H).
For provisions on public maintenance requirements, see Chapter 8.32 HMC.