Chapter 56.24
ABANDONED VEHICLES
Sections:
56.24.020 Unlawful to abandon vehicles.
56.24.022 Abandoned vehicles to be removed or abated.
56.24.030 City Council findings and declarations.
56.24.032 Director of Public Services to administer.
56.24.034 Work by private parties.
56.24.036 City Council determines administrative charges.
56.24.040 Notice of intention.
56.24.042 Highway Patrol notification.
56.24.044 Owner may request hearing.
56.24.046 Hearing by Director of Public Services.
56.24.048 City Council hearing.
56.24.050 Assessing cost when owner did not consent.
56.24.060 Disposal of vehicles.
56.24.062 Notifying Department of Motor Vehicles.
56.24.010 Citation.
This chapter may be cited as the City of Coronado Abandoned Vehicle Abatement Ordinance. (Ord. 1794; Ord. 1429)
56.24.012 Authority.
This chapter is enacted in accordance with 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. This chapter is not the exclusive regulation of abandoned, wrecked, dismantled or inoperative vehicles within the City. It is supplemental and in addition to other regulatory codes, statutes and ordinances heretofore or hereafter enacted by the City, the State or any other legal entity or agency having jurisdiction. Nothing in this chapter shall authorize the maintenance of a public or private nuisance as defined under provisions of law other than this chapter.
56.24.020 Unlawful to abandon vehicles.
It shall be unlawful for any person to abandon, park, store or leave, or permit the abandonment, parking, storing or leaving of, any licensed or unlicensed vehicle or part thereof which is in an abandoned, wrecked, dismantled or inoperative condition upon any private or public property, not including highways, within the City unless such vehicle or part thereof is:
A. Completely enclosed within a building in a lawful manner where it is not visible from the street or other private or public property; or
B. Stored or parked in a lawful manner on private property in connection with the business of a licensed dismantler, licensed vehicle dealer or a licensed junkyard.
56.24.022 Abandoned vehicles to be removed or abated.
It shall be unlawful for any person to fail or refuse to remove an abandoned, wrecked, dismantled or inoperative vehicle or part thereof or to 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.
56.24.030 City Council findings and declarations.
The City Council hereby makes the following findings and declarations:
A. The accumulation and storage of abandoned, wrecked, dismantled or inoperative vehicles or parts thereof on private or public property, not including highways, it hereby finds to create a condition tending to reduce the value of property, to promote blight and deterioration, to invite plundering, to create fire hazards, to constitute an attractive nuisance creating a harborage for rodents and insects, and to be injurious to the health, safety and general welfare.
B. Therefore, the presence of an abandoned, wrecked, dismantled or inoperative vehicle or part thereof on private or public property, not including highways, except as expressly hereinafter permitted, is hereby declared to constitute a public nuisance which may be abated as such in accordance with the provisions of this chapter.
56.24.032 Director of Public Services to administer.
Except as otherwise provided herein, the provisions of this chapter shall be administered and enforced by the Director of Public Services. In this enforcement, the Director and the Director’s assistants and 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 chapter.
56.24.034 Work by private parties.
When the City Council has contracted with or granted a franchise to any person for such work, that person, and his employees, shall be authorized to enter upon private or public property to remove or cause the removal of a vehicle or parts thereof declared to be a nuisance pursuant to this chapter.
56.24.036 City Council determines administrative charges.
The City Council shall from time to time determine and fix an amount to be assessed as administrative costs, exclusive of the actual moving costs for the removal of any vehicle or part thereof under this chapter.
56.24.040 Notice of intention.
Notice of intention to abate and remove a vehicle or part thereof shall be given at least 10 days before such abatement and removal. Such notices shall contain a statement of the hearing rights of the owner of the property on which the vehicle is located and the owner of the vehicle. The statement shall include notice to the property owner that he may appear in person at a hearing or may present a sworn written statement denying responsibility for the presence of the vehicle on the land, with his reasons for such denial, in lieu of appearing. The notice of intention to abate shall be mailed by registered or certified mail to the owner of the land as shown on the last equalized assessment roll and to the last registered and legal owner of record when the vehicle is in such condition that identification numbers are available to determine ownership. Said notice may also be served in person and the notice forms shall also contain an acknowledgement space for signature where notices are issued in person by delegated officers.
56.24.042 Highway Patrol notification.
A copy of the notice of intention to abate shall, at the same time such notice is issued, be given to the California Highway Patrol, identifying the vehicle or part thereof proposed for removal.
56.24.044 Owner may request hearing.
Within 10 days after mailing of the notice of intention to abate the owner of the vehicle or the owner of the land on which such vehicle is located may request a hearing. Said request shall be made in writing to the Director of Public Services. If the owner of the land on which the vehicle is located submits a sworn written statement denying responsibility for the presence of the vehicle on his land within such time period, this statement shall be construed as a request for hearing which does not require the presence of the owner submitting such request. If a request is not received within such period, the Director of Public Services shall have the authority to remove the vehicle. The cost of removal and disposal of any such vehicle and the administrative cost thereof may then be charged against the person who is determined to be responsible for the maintenance of the vehicle as a public nuisance.
56.24.046 Hearing by Director of Public Services.
Whenever a request is made for a hearing pursuant to CMC 56.24.044, the Director of Public Services shall schedule such hearing within 15 calendar days of the date said request is received. The hearing shall be conducted by the Director or the Director’s authorized assistant, hereinafter referred to as hearing officers, who shall receive such facts and testimony as the hearing officer deems pertinent, prior to rendering a decision, which facts and testimony may relate to the condition or status of the vehicle or part thereof and the circumstances concerning its location on said private or public property, and may be in the form of oral testimony or written statements. The hearing officer shall make findings whether the vehicle constitutes a public nuisance and whether the property owner, on whose land said vehicle is located, consented to the placement of the vehicle or acquiesced in its presence. The hearing officer shall notify each party of his findings and of the right to a full public hearing before the City Council. If the party who requested the hearing objects to the findings of the hearing officer, the party may appeal the decision to the City Council in writing within 10 days of notification of said findings. In the event the hearing officer determines the vehicle constitutes a nuisance and no appeal is taken within the prescribed time, the Director of Public Services may immediately remove said vehicle. Except as provided in CMC 56.24.050, the Director of Public Services shall thereafter charge the costs of administration and removal of said vehicle against the person or persons who are determined to be responsible for maintenance of said nuisance.
56.24.048 City Council hearing.
In the event of an appeal pursuant to CMC 56.24.046, a public hearing shall thereafter be held by the City Council on the question of abatement, said hearing to be scheduled by the Director of Public Services within 20 days of the date the notice of appeal is received. The City Council shall hear all facts and testimony it deems pertinent. The facts and testimony may include testimony on the condition of the vehicle or part thereof and the circumstances, concerning its location on the said private or public property, and may be in the form of oral testimony or written statements. The City Council shall not be limited by the technical rules of evidence. The owner of the land on which the vehicle is located may appear in person at the hearing, or present a 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. The City Council may impose such conditions and take such other action as it deems appropriate under the circumstances to carry out the purpose of this chapter. It may delay the time for removal of the vehicle or part 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 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. The City Council may then direct disposal as hereinafter provided and determine the administrative costs and the costs of removal to be charged against the owner of the parcel of land on which the vehicle or part thereof is located. The order requiring removal thereof and the correct identification number and license number of the vehicle is available at the site. Unless otherwise stated in the order of removal, the vehicle or part thereof may be removed by the Director of Public Services immediately following said order.
56.24.050 Assessing cost when owner did not consent.
In any case wherein a final determination is made by the hearing officer or the City Council that the vehicle was placed on land without the consent of the landowner and that the landowner has not subsequently acquiesced in its presence, then the City shall not assess costs of administration or removal of the vehicle against the real property upon which the vehicle is located or otherwise attempt to collect such cost from the landowner.
56.24.060 Disposal of vehicles.
Any vehicles removed pursuant to this chapter may be disposed of by removal to a scrap yard or licensed automobile dismantler’s yard. After a vehicle has been removed pursuant to this chapter, it shall not be reconstructed or made operable.
56.24.062 Notifying Department of Motor Vehicles.
Within five days after the date of removal of the vehicle or part thereof, notice shall be given to the Department of Motor Vehicles identifying the vehicle or part 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.
56.24.070 Payment of costs.
If the administrative costs and the actual cost of removal which are charged against the owner of a parcel of land pursuant to CMC 56.24.046 or 56.24.048 are not paid within 30 days of the date of the order, such costs shall be assessed against the parcel of land pursuant to Section 25845 of the California Government Code and shall be transmitted to the County Tax Collector for collection. Said assessment shall have the same priority as City taxes.