Chapter 13.36
ABANDONED, INOPERATIVE AND DISMANTLED VEHICLES
Sections:
13.36.010 Authority and findings.
13.36.030 Exemptions designated – Maintenance of nuisance not authorized.
13.36.040 Chapter to supplement other regulations.
13.36.050 Administration and enforcement – Right of entry – Granted to enforcement officer.
13.36.060 Right of entry – Granted to person contracted or franchised by city council.
13.36.070 Administrative costs – Determination and fixing by city council.
13.36.080 Public hearing – Required – Notice – Owner of property – Owner of vehicle.
13.36.100 Public hearing – Facts and testimony considered.
13.36.110 Public hearing – Action by hearing body.
13.36.120 Public hearing – Vehicle placed without landowner’s consent.
13.36.130 Public hearing – Notice of decision to interested party.
13.36.140 Appeal – Filing – Filing fee – To be heard by city council – Action.
13.36.150 Appeal – Hearing – Notice.
13.36.160 Appeal – Hearing – Not limited to technical rules of evidence.
13.36.170 Removal of vehicle – Date designated – Reconstruction prohibited.
13.36.190 Assessment of costs against parcel of land.
13.36.200 Abandoning or permitting abandonment of vehicle prohibited – Exceptions.
13.36.210 Removal or abatement required – Failure or removal a misdemeanor.
13.36.010 Authority and findings.
In addition to and in accordance with the determination made and the authority granted by the state, under Section 22660 of the 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, or 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 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 part thereof, on private or public property, not including highways, except as expressly permitted in this chapter, is hereby declared to constitute a public nuisance which may be abated as such in accordance with the provisions of this chapter. (Prior code § 3320).
13.36.020 Definitions.
As used in this chapter, the following words and phrases have the following meanings:
A. “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.
B. “Public property” does not include “highway.”
C. “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. (Prior code § 3320(a) – (b)).
13.36.030 Exemptions designated – Maintenance of nuisance not authorized.
A. This chapter shall not apply to the following:
1. 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;
2. 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 a junk dealer, or when such storage or parking is necessary to the operation of a lawfully conducted business or commercial enterprise; or
3. A vehicle, or part thereof, which is located behind a solid fence six feet in height, or which is not plainly visible from a highway.
B. 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. (Prior code § 3321).
13.36.040 Chapter to supplement other regulations.
This chapter 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, and ordinances heretofore or hereafter enacted by the city, the state, or any other legal entity or agency having jurisdiction. (Prior code § 3322).
13.36.050 Administration and enforcement – Right of entry – Granted to enforcement officer.
Except as otherwise provided in this chapter, the provisions of this chapter shall be administered and enforced by the Bell Gardens building inspector. In the enforcement of this chapter, such officer and his 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. (Prior code § 3323).
13.36.060 Right of entry – Granted to person contracted or franchised by city council.
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. (Prior code § 3324).
13.36.070 Administrative costs – Determination and fixing by city council.
The city council, from time to time, shall determine and fix an amount to be assessed as administrative costs (excluding the actual cost of removal of any vehicle or part thereof) under this chapter. (Prior code § 3325).
13.36.080 Public hearing – Required – Notice – Owner of property – Owner of vehicle.
A public hearing shall be held on the question of abatement and removal of a vehicle, or part 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 part thereof against the property on which it is located. Notice of hearing shall be mailed, at least 10 days before the hearing, by certified mail, with a five-day return requested, to the owner of the land, as shown on the last equalized city assessment roll, and to the last registered and legal owner of record, unless the vehicle is in such condition that identification numbers are not available to determine ownership. If any of the foregoing notices are returned undelivered by the United States Post Office, the hearing shall be continued to a date not less than 10 days from the date of such return. (Prior code § 3326).
13.36.090 Public hearing – Notice – California Highway Patrol.
Repealed by Ord. 426. (Prior code § 3327).
13.36.100 Public hearing – Facts and testimony considered.
All hearings under this chapter shall be held before the city manager or the senior code enforcement officer of the city, referred to in this chapter as the “hearing body,” who shall hear all facts and testimony he deems pertinent. Said facts and testimony may include testimony on the condition of the vehicle or part thereof, and the circumstances concerning its location on the private or public property. The hearing body 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. (Ord. 426 § 2, 1981; Ord. 384 § 4, 1978; prior code § 3328).
13.36.110 Public hearing – Action by hearing body.
The hearing body 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 hearing body may find that a vehicle or part thereof has been abandoned, wrecked, dismantled, or left inoperative on private or public property and order the same removed from the property as a public nuisance and disposed of as provided in BGMC 13.36.170, and determine the administrative costs and the cost 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 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. (Prior code § 3328).
13.36.120 Public hearing – Vehicle placed without landowner’s consent.
If it is determined at the hearing that the vehicle was placed on the land without the consent of the landowner, and that he has not subsequently acquiesced in its presence, the hearing body shall not assess 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 landowner. (Prior code § 3328).
13.36.130 Public hearing – Notice of decision to interested party.
If an interested party makes a written presentation to the hearing body but does not appear, he shall be notified in writing of the decision. (Prior code § 3328).
13.36.140 Appeal – Filing – Filing fee – To be heard by city council – Action.
A. Any interested party may appeal the decision of the hearing body by filing an appeal fee in the amount of $25.00, or such other amount as the city council may establish by resolution, and a written notice of appeal with the hearing body within five days after its decision.
B. Such appeal shall be heard by the city council, which may affirm, amend, or reverse the order, or take other action deemed appropriate. (Ord. 426 § 3, 1981; prior code § 3329).
13.36.150 Appeal – Hearing – Notice.
The clerk shall give written notice of the time and place of the hearing to the appellant and those persons specified in BGMC 13.36.080. (Prior code § 3329).
13.36.160 Appeal – Hearing – Not limited to technical rules of evidence.
In conducting the hearing the city council shall not be limited by the technical rules of evidence. (Prior code § 3329).
13.36.170 Removal of vehicle – Date designated – Reconstruction prohibited.
Five days after adoption of an order by the hearing body or, if the matter is appealed, by the city council, declaring the vehicle or parts thereof to be a public nuisance, or five days from the date of mailing of the notice of the decision, if such notice is required by BGMC 13.36.130, the vehicles or parts thereof may be disposed of by removal to a scrapyard or automobile dismantler’s yard. After a vehicle has been removed, it shall not thereafter be reconstructed or made operable. (Ord. 426 § 4, 1981; prior code § 3330).
13.36.180 Removal of vehicle – Transmittal of notice and evidence of registration to 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. (Prior code § 3331).
13.36.190 Assessment of costs against parcel of land.
If the administrative costs and the cost of removal which are charged against the owner of a parcel of land pursuant to BGMC 13.36.110 are not paid within 30 days of 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 Government Code, and shall be transmitted to the tax collector for collection. Said assessment shall have the same priority as other city taxes. (Prior code § 3332).
13.36.200 Abandoning or permitting abandonment of vehicle prohibited – Exceptions.
It shall be 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 part thereof which is in an abandoned, wrecked, dismantled, or inoperative condition upon any private or public property, not including highways, within the city for a period in excess of five days, unless such vehicle or part 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 otherwise stored or parked in a lawful manner on private property or lawfully parked in connection with the business of a licensed dismantler, a licensed vehicle dealer, or a junkyard. (Prior code § 3333).
13.36.210 Removal or abatement required – Failure or removal a misdemeanor.
It shall be unlawful and a misdemeanor 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 when such state law is applicable. (Prior code § 3334).