Chapter 10.52
ABANDONED OR WRECKED VEHICLES*
Sections:
10.52.005 Findings and Purpose.
10.52.010 Declaration of Nuisance.
10.52.030 Administration and Enforcement.
10.52.035 Authority to Abate and Remove.
10.52.040 Notice of Intention to Abate and Remove—Form Mailing and Procedure.
10.52.045 Removal Without Hearing.
10.52.055 Removal—When Authorized.
10.52.060 Assessment of Costs of Removal/Administration.
10.52.065 Notice to Department of Motor Vehicles.
* Prior Ordinance history: Ordinance 1278.
10.52.005 Findings and Purpose.
A. The City of Newport Beach, pursuant to its Charter and the constitutional and statutory laws of the State of California, is authorized to adopt ordinances establishing procedures for the removal, as public nuisances, of abandoned, wrecked or dismantled vehicles, or parts thereof, from private property or public property other than highways:
B. The accumulation or storage of abandoned, wrecked, dismantled, or inoperable vehicles, or parts thereof, on private or public property, including public parking lots, causes the following:
1. A reduction in the value of property;
2. An obstruction to the comfortable enjoyment of property adjacent to the vehicle or vehicles;
3. Adverse impacts on the aesthetic quality of property, giving the appearance of blighted conditions and a deteriorated environment;
4. Conditions which are injurious to the public health, safety and welfare, including, but not limited to, a harborage for rodents and insects, a dangerous attraction for children, the potential for fire, and an invitation to theft and other criminal conduct; and
5. In a case of vehicles left for long periods of time in the Balboa Pier Municipal Parking Lot, fewer parking spaces to satisfy the demand for parking which currently exceeds the supply of spaces; an increase in the use of on-street parking which is needed, and heavily used, by residents and customers of local businesses; and a reduction in revenue to the City which would otherwise be used for public services. (Ord. 86-13 § 1 (part), 1986)
10.52.010 Declaration of Nuisance.
The presence of an abandoned, wrecked, dismantled, or inoperative vehicle, or parts thereof, on private or public property, excluding highways, is, except as expressly permitted by ordinance, hereby declared to constitute a public nuisance which may be abated in accordance with the provisions of this chapter. For the purpose of this chapter, a vehicle shall be considered abandoned, if continuously present or parked at the Balboa Pier Municipal Parking Lot for more than seven days unless the vehicle displays a permit authorizing overnight parking, and a vehicle displaying a permit authorizing overnight parking at the Balboa Pier Municipal Parking Lot, shall be considered abandoned if it is continuously parked or present at that facility for a period in excess of fourteen (14) days. (Ord. 86-13 § 1 (part), 1986)
10.52.015 Definitions.
As used in this chapter:
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 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, including any street or alley, but the term “highway” shall not include Balboa Pier Municipal Parking Lot.
C. The term “public property” shall include the Balboa Pier Municipal Parking Lot, but shall not include any highways.
D. The term “owner of land” means the owner of land on which the vehicle, or parts thereof, is located as shown in the latest equalized assessment roll.
E. The term “owner of vehicle” means the last registered owner and legal owner of record. (Ord. 86-13 § 1 (part), 1986)
10.52.020 Exceptions.
This chapter shall not apply to:
A. A vehicle or part 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 part 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, or junk dealer, or when such storage or parking is necessary to the operation of a lawfully conducted business or commercial enterprise.
Nothing in this section 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 California Vehicle Code and this chapter. (Ord. 2023-22 § 469, 2023; Ord. 86-13 § 1 (part), 1986)
10.52.025 Other Regulations.
The provisions of this chapter are not the exclusive regulations applicable to abandoned, wrecked, dismantled or inoperative vehicles within the City. They shall supplement and be in addition to the other regulatory codes, statutes, and ordinance heretofore or hereafter enacted by the City, the State, or any other legal entity or agency having jurisdiction. (Ord. 86-13 § 1 (part), 1986)
10.52.030 Administration and Enforcement.
Except as otherwise provided, the provisions of this chapter shall be administered and enforced by the Chief of Police, or any regularly salaried full time city employee designated by the Chief of Police to administer and enforce this chapter. Any person authorized to administer and enforce this chapter may enter upon private property for the purposes specified in this chapter to examine a vehicle or part, obtain information as to the identity of any vehicle, and remove, or cause the removal, of a vehicle or part previously declared to be a nuisance pursuant to this chapter. The removal of any vehicle or part previously declared to be a nuisance pursuant to this chapter may, upon direction of any person authorized to administer and enforce by is ordinance, be removed by any person or persons with which the city has contracted to provide vehicle towing services. (Ord. 86-13 § 1 (part), 1986)
10.52.035 Authority to Abate and Remove.
Upon discovering the existence of an abandoned, wrecked, dismantled or inoperative vehicle, or any part thereof, on private or public property within the City, any official or employee designated to administer and enforce this ordinance shall have the authority to cause the abatement and removal of the vehicle or part in accordance with the procedures described in this chapter. (Ord. 86-13 § 1 (part), 1986)
10.52.040 Notice of Intention to Abate and Remove—Form Mailing and Procedure.
A ten-day notice of intention to abate and remove the vehicle or a part thereof, as a public nuisance shall be posted on the vehicle or part, mailed by certified mail to the owner of the land as shown on the latest equalized assessment roll, and mailed by certified mail to the owner of the vehicle, unless the vehicle is in such condition that identification numbers are not available to determine ownership. If the owner(s) of the property, vehicle or part is not of record, and cannot be ascertained, a notice shall be posted on the vehicle or property.
The notices of intention shall be in substantially the following form:
NOTICE OF INTENTION TO ABATE AND REMOVE AN ABANDONED, WRECKED, DISMANTLED OR INOPERATIVE VEHICLE OR PARTS THEREOF AS A PUBLIC NUISANCE
To: (Name of Landowner)
As owner shown on the latest equalized assessment role of the land located at ____
____(address).
You are hereby notified that the undersigned, pursuant to Chapter 10.52 of the Newport Beach Municipal Code, has determined there exists upon said land an abandoned, wrecked, dismantled or inoperable vehicle, or parts thereof, registered to ____ license number ____, which constitutes a public nuisance pursuant to the provisions of Chapter 10.52 of the Newport Beach Municipal Code.
You are hereby notified to abate this nuisance by removal of the vehicle, or parts within ten (10) days from the date of mailing of this notice, and if you fail to do so the vehicle or parts will be removed by the City of Newport Beach. If you fail to remove the vehicle (or parts) within ten (10) days from the date on which this notice is mailed, the removal and administrative costs associated with abatement of the nuisance may be assessed to you as owner of the land on which the vehicle (or parts) is located if the City determines the vehicle (or parts) was placed on your land with your consent or was placed upon your property without your consent, but you permitted the vehicle (or parts) to remain on your property.
As owner of the land on which the vehicle (or parts) is located, you may request a public hearing by submitting a request for hearing, or a sworn statement denying responsibility for the presence of the vehicle on your land, within ten (10) days after the date on which this notice was mailed. The request for hearing or sworn statement should be mailed to (name of designated official), at ________.
If your request for hearing or sworn statement is not received by ________ within this ten (10) day period, the City shall have authority to remove the vehicle (or parts) as a public nuisance without a public hearing.
You may appear in person at any public hearing requested by you or the owner of the vehicle, or, if you do not wish to be present, you may present a sworn written statement prior to the hearing, stating the reasons why a nuisance should not be abated by removal of the vehicle (or parts) by the land.
Notice Mailed:____
Date:____
Signature: ________ (designated official)
NOTICE OF INTENTION TO ABATE AND REMOVE AN ABANDONED, WRECKED, DISMANTLED OR INOPERABLE VEHICLE, OR PARTS CAUSING 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) ________ (license number).
You are hereby notified that the undersigned, pursuant to Chapter 10.52 of the Newport Beach Municipal Code, has determined that the vehicle (or parts) exists as an abandoned, wrecked, dismantled or inoperable vehicle at (describe location of vehicle on public or private property) and constitutes a public nuisance pursuant to the provisions of Chapter 10.52 of the Newport Beach Municipal Code.
You are hereby notified to abate the nuisance by removal of the vehicle (or parts) within ten (10) days from the date on which this notice was mailed.
As registered (and/or legal) owner of record of the vehicle (or parts), you may, within ten (10) days from the date this notice was mailed, request a public hearing. Your request should be sent to ____ (name and title of designated official) at ________ (address of official).
If this request is not received by the designated official within this ten (10) day period, the City shall have the authority to remove the vehicle (in parts) without a hearing. You may attend the hearing in person, or you may submit a sworn statement stating the reasons why the nuisance should not be abated by removal of the vehicle.
Notice Mailed:____
Date:____
Signature: ________ (designated official)
(Ord. 86-13 § 1 (part), 1986)
10.52.045 Removal Without Hearing.
The City shall have the authority to abate and remove the vehicle, or parts thereof, as a public nuisance without holding a public hearing if:
A. No request for hearing or sworn statement denying responsibility for the presence of the vehicle is received within ten days after the date of mailing of the notice of intention; or
B. A vehicle, or part thereof, is inoperable due to the absence of a motor, transmission, or wheels, is incapable of being towed, is located on property that is either zoned for agricultural use or which contains no dwelling units, is valued at less than two hundred dollars ($200.00) by a person specified in California Vehicle Code Section 22855, has been determined by the City Council to be a public nuisance presenting an immediate threat to the public health or safety and the property owner has signed a release authorizing removal of, and waiving further interest in, the vehicle or part thereof, and no request for hearing was made by the registered or legal owner of the vehicle at the time the release was signed. The vehicle or part shall be disposed of pursuant to the provisions of California Vehicle Code Sections 22661 and 22662; or
C. The registered and/or legal owner of the vehicle or part, and the owner of the property on which the vehicle or part is located, have signed releases authorizing removal of, and waiving further interest in, the vehicle or part and neither the owner(s) of the vehicle nor the property owner made a request for hearing at the time the releases were signed. (Ord. 2023-22 § 470, 2023; Ord. 86-13 § 1 (part), 1986)
10.52.050 Hearing Procedures.
A. Upon a timely request for hearing, a public hearing shall be held by and before the City Manager. The City Manager shall mail notice of the hearing, specifying the date, time and location of the hearing, by certified mail, at least ten (10) days prior to the hearing, to the owner of the land and to the owner(s) of the vehicle unless the vehicle is in such condition that identification numbers are not available to determine ownership. The City Manager shall hear and receive all facts, evidence and testimony pertinent to the status and condition of the vehicle or parts, the circumstances surrounding its presence on private or public property, any facts which may render provisions of this chapter inapplicable to the vehicle or parts, the appropriate conditions that should be attached to an order for abatement, and the responsibility, if any, of the land owner for the cost of removal and the administrative proceedings. The City Manager shall not be limited by the technical rules of evidence. The owner of land, and the owner(s) of the vehicle may appear in person at the hearing, may appear by representatives, or may submit a sworn written statement prior to the hearing.
B. City Manager may impose such conditions, or take such action, as the City Manager deems appropriate under the circumstances to carry out the purposes of this chapter. The City Manager may delay the time for removal of the vehicle or parts.
C. The City Manager shall determine if the vehicle, or part, constitutes a public nuisance as provided in this chapter and upon such determination shall enter an order directing the vehicle or part to be removed from the property and disposed of as provided in this chapter. The order requiring removal shall include a description of the vehicle or parts, the correct identification number and license number of the vehicle, if available, and the location of the property on which the vehicle or part is located. Written notice of the decision shall be given by certified mail to each owner of land, vehicle or part that does not appear at the hearing and to any interested party that makes a written presentation, but does not appear. (Ord. 2023-22 § 471, 2023; Ord. 86-13 § 1 (part), 1986)
10.52.055 Removal—When Authorized.
Five days after adoption of the order declaring the vehicle or parts to be a public nuisance, or five days from the date of mailing of the notice of decision, if notice is required by this chapter, the vehicle or parts may be removed and disposed of as provided by law. After a vehicle has been removed, it shall not 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 Section 5004 of the California Vehicle Code, in which case the vehicle may be reconstructed or made operable. (Ord. 2023-22 § 472, 2023; Ord. 86-13 § 1 (part), 1986)
10.52.060 Assessment of Costs of Removal/Administration.
The cost of administering and enforcing this chapter, and the cost of removal of any vehicle or part declared a public nuisance pursuant to this chapter, shall be charged against the owner of the land unless it is determined that the vehicle was placed on the land without the consent of the land owner and the land owner did not subsequently acquiesce in the presence of the vehicle. The amount of the cost of administration, enforcement and removal shall be assessed against the property on which the vehicle or part was located and pursuant to California Government Code Section 38773.5 and shall be transmitted to the tax collector for collection. (Ord. 2023-22 § 473, 2023; Ord. 86-13 § 1 (part), 1986)
10.52.065 Notice to Department of Motor Vehicles.
Within five days after the date of removal of the vehicle or part, notice shall be given to the Department of Motor Vehicles identifying the vehicle or part removed and transmitting any available evidence of registration including certificates, certificates of title and license plates. (Ord. 86-13 § 1 (part), 1986)