Chapter 6.54
ABATEMENT AND REMOVAL OF VEHICLES
Sections:
6.54.050 Administrative costs.
6.54.060 Authority for abatement.
6.54.070 Notice of intention to abate and remove.
6.54.120 Notice to department of motor vehicles.
6.54.140 Violation—A misdemeanor.
6.54.150 Refusal—A misdemeanor.
6.54.160 Repairing or dismantling motor vehicles.
6.54.010 Authorization.
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, 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 hereinafter permitted, is hereby declared to constitute a public nuisance which may be abated as such in accordance with the provisions of this code.
As used in this code:
(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. Highway includes street.
(c) The term "public property" does not include "highway."
(d) The term "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.
(e) The term "owner of the vehicle" means the last registered owner and legal owner of record.
(Ord. 1151 § 1, 1971; Ord. 1067 § 1 (part), 1968)
6.54.020 Exclusions.
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, 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. 1067 § 1 (part), 1968)
6.54.030 Other regulations.
This chapter is not the exclusive regulation of abandoned, wrecked, dismantled or inoperative vehicles within the city of South Gate. It shall supplement and be in addition to the other regulatory codes, statutes, and ordinances heretofore or hereafter enacted by the city of South Gate, the state, or any other legal entity or agency having jurisdiction.
(Ord. 1067 § 1 (part), 1968)
6.54.040 Administration.
Except as otherwise provided herein, the provisions of this chapter shall be administered and enforced by the chief administrative officer. 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 and to remove or cause the removal of a vehicle or part thereof declared to be a nuisance pursuant to this chapter.
(Ord. 1067 § 1 (part), 1968)
6.54.050 Administrative 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 part thereof) under this chapter.
(Ord. 1067 § 1 (part), 1968)
6.54.060 Authority for abatement.
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 chief administrative officer shall have the authority to cause the abatement and removal thereof in accordance with the procedure prescribed herein.
(Ord. 1151 § 2 (part), 1971: Ord. 1067 § 1 (part), 1968)
6.54.070 Notice of intention to abate and remove.
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. Notice will be given to the Department of Motor Vehicles within five days after the date of removal identifying the vehicle or part thereof and any evidence of registration available, including, but not limited to, the registration card, certificate of ownership or license plates. 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 6.54.060 of the 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 Chapter 6.54 of the South Gate Municipal Code.
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 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 ten days after the mailing of this notice of intention, request a public hearing and if such a request is not received by the Chief Administrative Officer within such 10-day period, the Chief Administrative Officer 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/_________________________
Chief Administrative 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 6.54.060 of the 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 Chapter 6.54 of the South Gate Municipal Code.
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 Chief Administrative Officer within such 10-day period, the Chief Administrative Officer shall have the authority to abate and remove said vehicle (or said parts of a vehicle) without a hearing.
Notice Mailed
_________________________
(date)
s/_________________________
Chief Administrative Officer"
(Ord. 2011 § 1 Exh. A (part), 8-27-96: Ord. 1151 § 2 (part), 1971: Ord. 1067 § 1 (part), 1968)
6.54.080 Public hearings.
Upon request by the owner of the vehicle or owner of the land received by the chief administrative officer within ten days after the mailing of the notices of intention to abate and remove, a public hearing shall be held by the chief administrative officer on the question of abatement and removal of the vehicles 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 request for hearing is not received within said 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. 1151 § 2 (part), 1971: Ord. 1067 § 1 (part), 1968)
6.54.090 Hearing officer.
All hearings under this chapter shall be held before the chief administrative officer who shall hear all facts and testimony he deems pertinent. Said facts and testimony may include testimony on the condition of the vehicle or parts thereof and the circumstances concerning its location on the said private property or public property. The chief administrative 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.
The chief administrative officer may impose such conditions and take such other action as he deems appropriate under the circumstances to carry out the purpose of this chapter. 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 chief administrative 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 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. Written notice of findings of the chief administrative officer shall be sent to the owner of the land and/or vehicle, within twenty-four hours.
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 chief administrative 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.
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 chief administrative officer but does not appear, he shall be notified in writing of the decision.
(Ord. 1151 § 2 (part), 1971: Ord. 1067 § 1 (part), 1968)
6.54.100 Appeals.
Any interested party may appeal the decision of the chief administrative officer by filing a written notice of appeal with the said chief administrative officer within five days after his decision.
Such appeal shall be heard by the city council which may affirm, amend or reverse the order or take other action deemed appropriate.
The city clerk shall give written notice of the time and place of the hearing to the appellant and those persons specified in Section 6.54.060.
In conducting the hearing the city council shall not be limited by the technical rules of evidence.
(Ord. 1151 § 2 (part), 1971: Ord. 1067 § 1 (part), 1968)
6.54.110 Disposal.
Five days after adoption of the order declaring the vehicle or parts thereof to be a public nuisance, ten days from the date of mailing of notice of the decision as required by Section 6.54.080, or ten 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 scrapyard or automobile dismantler’s yard. After a vehicle has been removed it shall not thereafter be reconstructed or made operable.
(Ord. 2011 § 1 Exh. A (part), 8-27-96: Ord. 1151 § 2 (part), 1971: Ord. 1067 § 1 (part), 1968)
6.54.120 Notice 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. 1151 § 2 (part), 1971: Ord. 1067 § 1 (part), 1968)
6.54.130 Assessment of costs.
If the administrative costs and the cost of removal which are charged against the owner of a parcel of land pursuant to Section 6.54.090 are not paid within thirty 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 Government Code and shall be transmitted to the tax collector for collection. Said assessment shall have the same priority as other city taxes.
(Ord. 1151 § 2 (part), 1971: Ord. 1067 § 1 (part), 1968)
6.54.140 Violation—A misdemeanor.
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 seventy-two hours 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 a licensed dismantler, licensed vehicle dealer or a junkyard.
(Ord. 1151 § 2 (part), 6-28-71: Ord. 1067 § 1 (part), 2-26-68)
6.54.150 Refusal—A misdemeanor.
It is unlawful and a misdemeanor for any person to fail or refuse to remove an abandoned, wrecked, dismantled or inoperative 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. 1151 § 2 (part), 6-28-71: Ord. 1067 § 1 (part), 2-26-68)
6.54.160 Repairing or dismantling motor vehicles.
(a) "Motor vehicle" is defined as motor-driven vehicle, cycle, trailer, or other similar device defined in the Vehicle Code of the state.
(b) "Repair" is defined as furnishing of parts or labor used to restore a motor vehicle to a resalable or usable condition.
(c) "Dismantling" is defined as the removal or stripping of one or more component parts from a motor vehicle.
(1) No person shall repair or dismantle any motor vehicle within any setback area in any residential zone within the city of South Gate where the same is open to public view. The above prohibitions shall not apply to repairs of a temporary or emergency nature which shall be accomplished within any twenty-four-hour period.
(2) Any person, firm, company, or corporation violating any of the provisions of this section is guilty of an infraction and each such person, firm, company, or corporation shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of any of the provisions of said section is committed, continued, or permitted, and upon conviction thereof shall be punishable by (A) a fine not exceeding one hundred dollars for a first violation; (B) a fine not exceeding two hundred dollars for a second violation of the same section within one year; (C) a fine not exceeding five hundred dollars for each additional violation of the same section within one year.
(Ord. 2011 § 1 Exh. A (part), 8-27-96: Ord. 1481 § 1, 5-26-81)