Chapter 6.24
ABANDONED VEHICLES
Sections:
6.24.030 Chapter not exclusive.
6.24.040 Administration and enforcement.
6.24.050 Franchise Authority to remove nuisance.
6.24.060 Assessment of removal costs.
6.24.070 Authority to remove nuisance.
6.24.085 Abatement Notice—Historical Vehicle.
6.24.120 Information given to Department of Motor Vehicles.
6.24.130 Nonpayment of removal costs—Assessment.
6.24.140 Unlawful abandonment of vehicle.
6.24.150 Failure to remove abandoned vehicle unlawful.
6.24.160 Disposition of vehicles appraised not in excess of two hundred dollars.
6.24.170 Disposition of vehicles appraised in excess of two hundred dollars.
6.24.180 Lien on stored vehicles.
6.24.010 Definitions.
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 of Norco, California, 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 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, constitutes a public nuisance which may be abated as such in accordance with the provisions of this chapter.
As used in this chapter:
(1) “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.
(2) “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.”
(3) “Public property” means any property owned by the government or one of its agencies, divisions, or entities, to include parks, streets, sidewalks and other property regularly used by the general public. “Public property” includes “highways.”
(4) “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.
(5) “Owner of the vehicle” means the last registered owner and legal owner of record.
(6) “Abandoned vehicle” means any vehicle that is left on any highway, public property or private property in such inoperable or neglected condition that the owner’s intent to relinquish all further rights or interest in it may be reasonably concluded. In reaching a reasonable conclusion one must consider the amount of time the vehicle has not been moved, its condition, statements from the owner and witnesses.
(7) “Dismantled vehicle” means any vehicle which is partially or wholly disassembled.
(8) “Inoperative vehicle” means any motor vehicle from which the engine, wheels, tires or other essential parts have been damaged or removed, or which the engine, wheels, tires, or other essential parts have been altered, damaged or allowed to deteriorate so that the vehicle cannot and/or is incapable of being driven under its own power or rendering the vehicle unsafe to operate on a highway. The lack of inflated tires, lack of a working engine, transmission, differential or other essential parts, or left unattended on jacks, blocks, or elevated in any other way which constitutes a threat to the public health, safety or general welfare.
(9) “Public nuisance vehicle” means any vehicle that is abandoned, wrecked, dismantled, or any inoperative parts thereof that is on public or private property, including highways, and that creates a condition tending to reduce the value of private property, promotes blight and deterioration, invites plundering, creates fire hazards, constitutes an attractive nuisance endangering the health and safety of the general public, harbors rodents, insects and other vermin, or jeopardizes, health, safety and general welfare is a public nuisance.
(10) “Wrecked vehicle” means any vehicle that is damaged to such an extent that it cannot be operated upon the highway. A vehicle which has been wrecked in a traffic accident and which has been removed from the roadways to a lawful storage facility, but which has not been claimed by its owner, will not be considered an abandoned vehicle for the purposes of this chapter. (Ord. 1009 Sec. 1, 2016; Ord. 153 Sec. 1, 1971)
6.24.020 Vehicles exempt.
This chapter 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.
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 Vehicle Code and this chapter. (Ord. 153 Sec. 2, 1971)
6.24.030 Chapter not exclusive.
This chapter is not the exclusive regulation of abandoned, wrecked, dismantled or inoperative vehicles within the city of Norco. 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. 153 Sec. 3, 1971)
6.24.040 Administration and enforcement.
Except as otherwise provided herein, the provisions of this chapter shall be administered and enforced by the city planning director or the sheriff of Riverside County, California. In the enforcement of this chapter such officers and their deputies 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 chapter. (Ord. 153 Sec. 4, 1971)
6.24.050 Franchise Authority to remove nuisance.
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. 153 Sec. 5, 1971)
6.24.060 Assessment of removal costs.
The city council 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. 153 Sec. 6, 1971)
6.24.070 Authority to remove nuisance.
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 planning director or sheriff of Riverside County, California shall have the authority to cause the abatement and removal thereof in accordance with the procedure prescribed herein. (Ord. 153 Sec. 7, 1971)
6.24.080 Abatement notice.
A ten-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 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 following forms:
“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 pursuant to (section of ordinance or municipal code) has determined pursuant to (section of ordinance or municipal code) has determined that there exists upon said land an (or parts of an) abandoned, wrecked, dismantled or inoperative vehicle registered to ______________________, license number ________, which constitutes a public nuisance pursuant to the provisions of (ordinance or municipal code chapter number).
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’s Council within such 10-day period, the Planning Director or Sheriff of Riverside County, California 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 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 ________________
(date)
s/______________________________
(locally designated officer)
“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 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 ordinance or municipal code) 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 provisions of (ordinance or municipal code chapter number).
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.
As 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 and if such a request is not received by the City’s Council within such 10-day period, the Planning Director or Sheriff of Riverside County, California shall have the authority to abate and remove said vehicle (or said parts of a vehicle) without a hearing.
Notice Mailed ________________
(date)
s/_________________________________
(locally designated officer)
(Ord. 153 Sec. 8, 1971)
6.24.085 Abatement Notice—Historical Vehicle.
The requirements that not less than a 10-day notice of intention to abate and remove the vehicle or part thereof as a public nuisance be issued, unless the property owner and the owner of the vehicle have signed releases authorizing removal and waiving further interest in the vehicle or part thereof. However, the notice of intention is not required for removal of a vehicle or part thereof which is inoperable due to the absence of a motor, transmission or wheels and incapable of being towed, is valued at less than two hundred dollars ($200.00) by a person specified in VC Section 22855, and is determined by the local agency 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 part thereof. Prior to final disposition under VC Section 22662 of such a low-valued vehicle or part for which evidence of registration was recovered pursuant to subdivision (a) of VC 22661, the local agency shall provide notice to the registered and legal owners of intent to dispose of the vehicle or part, and if the vehicle or part is not claimed and removed within 12 days after the notice is mailed, from a location specified in VC Section 22662, final disposition may proceed. No local agency or contractor thereof shall be liable for damage caused to a vehicle or part thereof by removal pursuant to this section. (Ord. 682, 1993)
This subdivision applies only to inoperable vehicles located upon a parcel that is (1) zoned for agricultural use or (2) not improved with a residential structure.
6.24.090 Hearing—Notice.
Upon request by the owner of the vehicle or owner of the land received by the city planning director or sheriff of Riverside County, California with ten days after the mailing of the notices of intention to abate and remove, a public hearing shall be held by the city council 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.
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-day period, said 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 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 ten 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. (Ord. 153 Sec. 9, 1971)
6.24.100 Hearing—Procedure.
All hearings under this chapter shall be held before the city council who shall hear all facts and testimony it 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 city council 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 or consideration at the hearing, and deny responsibility for the presence of the vehicle on the land, with his reasons for such denial.
The city council may impose such conditions and take such other action as it deems appropriate under the circumstance 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 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.
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 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.
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 city council but does not appear, he shall be notified in writing of the decision. (Ord. 153 Sec. 10, 1971)
6.24.110 Disposal of vehicle.
Five days after adoption of the order declaring the vehicle or parts thereof to be a public nuisance, five days from the date of mailing of notice of the decision if such notice is required by Section 6.24.100, or fifteen days after such action of the governing body 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 unless it is a vehicle which qualifies for either horseless carriage license plates or historical vehicle license plates, pursuant to Section 5004 of the Vehicle Code, in which case the vehicle may be reconstructed or made operable. (Ord. 682, Sec. 3, 1993; Ord. 153, Sec. 11, 1971)
6.24.120 Information given to Department of Motor Vehicles.
Within five 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 thereof removed. At the same time there shall be transmitted to the Department of Motor Vehicles any evidence of registration available, including registration certificates, certificates of title and license plates. (Ord. 153 Sec. 12, 1971)
6.24.130 Nonpayment of removal costs—Assessment.
If the administrative costs and the cost of removal which are charged against the owner of a parcel of land pursuant to Section 6.24.100 are not paid within thirty days of the date of the order, such costs shall be assessed against the parcel of land pursuant to Section 38773.5 of the California Government Code and shall be transmitted to the tax collector for collection. The assessment shall have the same priority as other city taxes. (Ord. 152 Sec. 13, 1971)
6.24.140 Unlawful abandonment of vehicle.
It is unlawful and a misdemeanor for any person to abandon, park, store or leave or permit the abandonment, parking, storing or leaving of any licensed or unlicensed vehicle or parts thereof which is in an abandoned, wrecked, dismantled or inoperative condition upon any private property or public property not including highways within the city for a period in excess of thirty days unless such vehicle or parts thereof is completely enclosed within a building in a lawful manner where it is not plainly visible from the street or other public or private property, or unless such vehicle is stored or parked in a lawful manner on private property in connection with the business of licensed dismantler, licensed vehicle dealer or a junkyard. (Ord. 153 Sec. 14, 1971)
6.24.150 Failure to remove abandoned vehicle unlawful.
It is unlawful and a misdemeanor for any person to fail or refuse to remove an abandoned, wrecked, dismantled or in-operative vehicle or parts thereof or refuse to abate such nuisance when ordered to do so in accordance with the abatement provisions of this chapter or state law where such state law is applicable. (Ord. 153 Sec. 15, 1971)
6.24.160 Disposition of vehicles appraised not in excess of two hundred dollars.
(a) If a vehicle is appraised at a value not exceeding two hundred dollars, the city planning director or sheriff of Riverside County, California, shall:
(1) Within forty-eight hours after appraisal notify the Department of Justice in Sacramento of the removal of such vehicle;
(2) Prepare a certificate which shall describe the vehicle, including the location of any license plates thereon, state the appraised value and that the vehicle will be junked or dismantled, and indicate that:
(A) Notice of intent to junk or dismantle the vehicle has been mailed to the registered and legal owners at the address of record with the department, or
(B) The owner has signed a release under penalty of perjury disclaiming any future interest, which release shall be included with the certificate. In the event the owner has not signed a release and has not, within fifteen days after official notification, reclaimed the vehicle, such action shall constitute a waiver of interest and the vehicle may be disposed of,
(C) The vehicle is in such condition that vehicle identification numbers are not available to determine owners of record with the department, in which event the vehicle may be disposed of;
(3) Upon completion of the certificate, execute and deliver a bill of sale free of any lien for fees and penalties due and payable to the Department of Justice, together with a copy of the certificate to either the lien holder, who shall endorse the bill of sale to a licensed automobile dismantler, or to the licensed automobile dismantler, or to the city for disposal, whichever has the vehicle in possession;
(4) Forward the completed certificate to the Department of Motor Vehicles in Sacramento.
(b) A vehicle which is the subject of a certificate prepared and forwarded pursuant to this section shall not be reconstructed or made operable. Licensed dismantlers acquiring vehicles which are the subject of certificates prepared and forwarded pursuant to this section shall be excused from any fees and penalties which would otherwise be due to the Department of Motor Vehicles, provided that a copy of the certificate forwarded to the Department of Motor Vehicles pursuant to this section is retained in the licensed dismantlers’ business record.
(c) The city may authorize by contract or franchise the removal, disposal, or removal and disposal, of such vehicles by other than a licensed automobile dismantler if it has first requested bids for removal, disposal, or removal and disposal, of such vehicles. Such franchise or contract shall be issued to or executed with the lowest responsible bidder. The bill of sale shall then be executed and delivered pursuant to subdivision (3) of subsection (d) with the franchisee or contractor.
(d) When a bill of sale is issued by the city, the proceeds of the sale shall be disposed of in the following manner:
(1) First, to pay any cost of towing and storage involved in removal of the vehicle;
(2) The balance shall be forwarded to the Department of Motor Vehicles. Said department may recover therefrom any fees and penalties due and payable to it in respect to the vehicle;
(3) Any balance then remaining shall be paid by said department first to any legal owner, and second to any registered owner, as their interests may appear upon the records of said department. If the payments cannot be made, the balance shall be deposited in the motor vehicle fund. (Ord. 259 Sec. 2 (part), 1973)
6.24.170 Disposition of vehicles appraised in excess of two hundred dollars.
If a vehicle is appraised at a value exceeding two hundred dollars, the city planning director or sheriff of Riverside County, California, shall:
(1) Take the vehicle to the nearest garage or other place of safety or to a garage designated or maintained by the city where the vehicle shall be placed in storage;
(2) If the city planning director or sheriff knows or is able to ascertain from the registration records in the vehicle or from the registration records of the Department of Motor Vehicles the name and address of the registered and legal owner thereof, the city planning director of sheriff shall immediately give or cause to be given notice in writing to such registered and legal owner of the fact of such removal, the grounds therefor and of the place to which such vehicle has been removed. In the event the vehicle is stored in a public garage, a copy of the notice shall be given to the proprietor of the garage;
(3) If the city planning director or sheriff does not know and is not able to ascertain the name of the owner or for any other reason is unable to give the notice to the owner as provided in subsection (2) and in the event the vehicle is not returned to the owner within a period of one hundred twenty hours, the planning director or sheriff shall immediately send or cause to be sent written report of such removal by mail to the Department of Justice at Sacramento and shall file a copy of the notice with the proprietor of the garage in which the vehicle may be stored. The report shall be made on a form furnished by said department and shall include a complete description of the vehicle, the date, time and place from which removed, the grounds for removal and the name of the garage or place where the vehicle is stored. (Ord. 259 2 (part), 1973)
6.24.180 Lien on stored vehicles.
Whenever a vehicle has been removed to a garage under the provisions of Sections 6.24.160 or 6.24.170 and the keeper of the garage has received the notice or notices as provided herein, the keeper shall have a lien dependent upon possession for his compensation for towage and for caring for and keeping safe such vehicle for a period not exceeding sixty days and, if the vehicle is not recovered by the owner within the sixty days or the owner is unknown, the keeper of the garage may satisfy his lien in the manner and after giving the notices required in Sections 3071 and 3072 of the Civil Code. Notwithstanding the provision of this section, if a vehicle is appraised at a value not exceeding two hundred dollars by a person authorized to make such appraisal, the keeper of the garage may, if the vehicle is not recovered by the owner within twenty days or the owner is unknown, satisfy his lien as provided in Section 3073 of the Civil Code or Section 22705 of the Vehicle Code. (Ord. 259 Sec. 2 (part), 1973)
6.24.190 Appraisers.
The city manager, or any person designated by the city manager, pursuant to Section 22855 of the Vehicle Code, shall have the authority to make appraisals of vehicles for purposes of this chapter. The city manager or his designee shall certify his name to the Department of Motor Vehicles in Sacramento. (Ord. 259 Sec. 2 (part), 1973)