7-22
ABANDONED, WRECKED, DISMANTLED AND INOPERATIVE VEHICLES.1
7-22.1 Definitions. As used in this section:
Highway shall mean a way or place of whatever nature, publicly maintained and open to use of the public for purposes of vehicular travel. Highway includes street.
Owner of the land shall mean 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 shall mean the last registered owner and legal owner of record.
Public property does not include “highway”.
Vehicle shall mean a device by which any person or property may be propelled, moved, or drawn upon a highway, except a device moved by human power or used exclusively upon stationary rails or tracks.
(Code 1972 §19-181; Ord. #903, §1)
7-22.2 Vehicles Not Subject to this Section.
a. This section shall not apply to:
1. 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
2. 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.
b. Nothing in this subsection shall authorize the maintenance of a public or private nuisance as defined under provisions of law other than chapter 10 (commencing with section 22650) of division 11 of the state Vehicle Code and this section. (Code 1972 §19-182; Ord. #903, §1)
7-22.3 Findings Of The City Council:
In addition to and in accordance with the determination made and the authority granted by the state under section 22660 and subsequent sections of the state 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, 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 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 section. (Code 1972 §19-183)
7-22.4 Supplemental To Other Laws:
This section 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, provisions of this code and other city ordinances heretofore or hereafter enacted by the city, the state or any other legal entity or agency having jurisdiction. (Code 1972 §19-184)
7-22.5 City Manager To Be Enforcement Officer:
The provisions of this section shall be administered and enforced by the sheriff’s department or city department engaged in directing traffic or enforcing parking laws and abatement regulations in the city under the supervision and direction of the city manager. In the enforcement of this section, the sheriff’s department or city employees may enter upon private or public property 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 section. (Code 1972 §19-185; Ord. #1527, §1)
7-22.6 Authority To Remove Vehicles By Contractors Designated By City Council:
The city council may by resolution designate a city authorized exclusive towing service provider as the appropriate service to remove, store, and dispose of abandoned vehicles pursuant to law, and the city council may by resolution prescribe the fees to be paid to the said towing company for each such removal. The city authorized exclusive towing service provider 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 section. (Code 1972 §19-186; Ord. #1527, §2)
7-22.7 Assessment Of Administrative Costs:
The city council shall from time to time by resolution determine and fix an amount to be assessed as administrative costs, including the actual cost of removal and storage of any vehicle or parts thereof, under this section. (Code 1972 §19-187; Ord. #1527, §3)
7-22.8 Authority To Cause Abatement, Removal Of Vehicles; Notices Of Intention; Hearing And Notice Required; Action Without Hearing Authorized:
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 its designee, or the sheriff’s department shall have the authority to cause the abatement and removal thereof in accordance with the procedures prescribed herein. 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 property on which the vehicle is located and to the owner of the vehicle itself, 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 following forms:
NOTICE TO LANDOWNER 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 pursuant to (section of municipal code) has determined that there exists upon said land an abandoned, wrecked, dismantled or inoperative vehicle or parts thereof registered to ___________, license number _________, which constitutes a public nuisance pursuant to the provisions of Section 7-22 of Chapter 7 (subsection 7-22.1 et seq.) of the Code of the City of Lynwood.
You are hereby notified to abate this nuisance by the removal of the vehicle or the parts thereof within ten (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 the vehicle or the part thereof is located.
As owner of the land on which the vehicle or the part thereof is located, you are hereby notified that you may, within ten (10) days after the mailing of this notice of intention, file a request for a public hearing with the City Manager’s Office. If such a request is not received by the City Manager within such ten (10) day period, the City Manager or its designee shall have the authority to abate and remove the vehicle or the part thereof as a public nuisance and assess the costs as aforesaid 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 or the parts thereof on the land, with your reasons for denial, and such statement however, 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 owner of the vehicle or, in lieu thereof, may also present a sworn written statement as aforesaid in time for consideration at such hearing.
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Notice mailed |
________________ s/ |
__________________________________________ |
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(date) |
City Manager of the City of Lynwood |
NOTICE TO VEHICLE OWNER/OPERATOR 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 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 of municipal code) has determined that the vehicle or parts thereof 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 provisions of Section 7-22 of Chapter 7 (subsection 7-22.1 et seq.) of the Code of the City of Lynwood.
You are hereby notified to abate the nuisance by the removal of the vehicle or the parts thereof within ten (10) days from the date of mailing of this notice.
As registered and/or legal owner of record of the vehicle or the parts thereof, you are hereby notified that you may, within ten (10) days after the mailing of this notice of intention, request a public hearing, and, if such a request is not received by the hearing officer within such ten (10) day period, the City Manager or its designee shall have the authority to abate and remove said vehicle or said parts thereof without a hearing.
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Notice mailed |
________________ s/ |
__________________________________________ |
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(date) |
City Manager of the City of Lynwood |
b. Upon request by the owner of the vehicle or owner of the land received by the city manager within ten (10) days after the mailing of the notices of intention to abate and remove, a public hearing shall be held by the hearing officer 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.
c. 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, the statement shall be construed as a request for a hearing which does not require his presence. 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. If such a request for hearing is not received within the ten (10) days after mailing of the notice of intention to abate and remove, the city shall have the authority to abate and remove the vehicle or parts thereof as a public nuisance without holding a public hearing. (Code 1972 §19-188; Ord. #903, §2; Ord. #943, §1; Ord. #1527, §4)
7-22.9 Hearing Procedure; Findings:
a. All hearings under this section shall be held before such hearing officer, as may be designated from time to time by the city manager, who shall hear all facts and testimony he 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 private property or public property. The hearing officer 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.
b. The hearing officer may impose such conditions and take such other action as he deems appropriate under the circumstances to carry out the purpose of this section. He may delay the time for removal of the vehicle or parts thereof if, in his opinion, the circumstances justify it. At the conclusion of the public hearing, the hearing officer 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 that 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.
c. 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 hearing officer 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.
d. If the owner of the land submits a sworn written statement denying responsibility for the presence of the vehicle on his land but does not appear, or if an interested party makes a written presentation to the hearing officer but does not appear, he shall be notified in writing of the decision. (Code 1972 §19-189; Ord. #903, §2; Ord. #1527, §5)
7-22.10 Appeal From Decision Of Hearing Officer:
a. Any interested party in a nuisance abatement proceeding held pursuant to this section may appeal the decision of the hearing officer by filing a written notice of appeal with such hearing officer in five (5) days after his decision.
b. An appeal made pursuant to subsection 7-22.10a of this section shall be heard by the city council which may affirm, amend or reverse the order or take other action deemed appropriate.
c. The clerk shall give written notice of the time and place of the appellate hearing to the appellant and those persons to whom notice of the original hearing shall be given.
d. In conducting the hearing the city council shall not be limited by the technical rules of evidence. (Code 1972 §19-190)
7-22.11 Disposal Of Vehicle Or Parts:
Five (5) days after adoption of the order declaring a vehicle or parts thereof to be a public nuisance, five (5) days from the date of mailing of notice of the decision if the notice is required by this section, or fifteen (15) days after such action of the city council authorizing removal following appeal, the vehicle or parts thereof may be disposed of by removal to a scrap yard or automobile dismantler’s yard. After a vehicle has been removed it shall not thereafter be reconstructed or made operable. (Code 1972 §19-191)
7-22.12 Notice Of Removal To Be Given To Department Of Motor Vehicles:
Within five (5) days after the date of the removal of a vehicle or parts thereof, notice shall be given 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 of title and license plates. (Code 1972 §19-192)
7-22.13 Payment Of Assessment Of Costs:
If the administrative costs including the cost of removal as set pursuant to subsection 7-22.14 of this section which are charged against the owner of a parcel of land pursuant to this section 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 state Government Code and shall be transmitted to the tax collector for collection. The assessment shall have the same priority as other city or county taxes. (Code 1972 §19-193; Ord. #1527, §6)
7-22.14 Payment To The City Authorized Exclusive Tow Service Provider:
The city council shall by resolution determine the payment to the city authorized exclusive tow service provider for the towing, storage and disposal of the abandoned, wrecked, dismantled or inoperative vehicle or parts. (Ord. #1527, §7)
Cross reference: Lost or abandoned property, subsection 3-10.1 et seq.
State law references: Removal of parked and abandoned vehicles, Vehicle Code, §22650 et seq.; local removal of parked and abandoned vehicles, Vehicle Code, §22652; local ordinances providing for the removal of vehicles constituting a nuisance, Vehicle Code, §22660.