2008-18 Abandoned Vehicle Removal ORDINANCE NO. 2008-18
AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
MENIFEE ADDING CHAPTER 12.01 TO THE MENIFEE MUNICIPAL
CODE AUTHORIZING THE REMOVAL OF ABANDONED VEHICLES
AND SUPERSEDING COUNTY ORDINANCE NO. 520 AND CHAPTER
10.04 OF THE RIVERSIDE COUNTY CODE
THE CITY COUNCIL OF THE CITY OF MENIFEE DOES ORDAIN AS
FOLLOWS.
follows:SECTION 1. Chapter 12.01 is added to the Menifee Municipal Code to read as
Sections:
Section 12.01.010 Purpose
Section 12.01.020 Exceptions
Section 12.01.030 Enforcement
Section 12.01.040 Notice of Intent to Abate and Remove
Section 12.01.050 Notice Requirement Exceptions
Section 12.01.060 Request for Hearing
Section 12.01.070 Hearings
Section 12.01.080 Appeal
Section 12.01.090 Removal of Vehicle
Section 12.01.100 Immunity
Section 12.01.110 Notice to Department of Motor Vehicles
Section 12.01.120 Costs
Section 12.01.130 Removal Required
Section 12.01.140 Abandoned Vehicles Prohibited - Penalty
Section 12.01.150 Nuisance Administrative Citation
Section 12.01.160 Remedies
Ordinance 2008-18
12.01.010 Purpose
_(a) Vehicle Code Section 22660 grants the City the authority to adopt an
ordinance providing for the removal of abandoned, wrecked, dismantled or inoperative
vehicles or parts thereof as public nuisances.
(b) The accumulation and storage of abandoned, wrecked, dismantled or
inoperative vehicles or parts thereof on private or public property 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 a nuisance creating
a hazard to the health and safety of children and others, to create an attraction and habitat
rodents and insects and to be injurious to the health, safety and general welfare.
(c) The presence of an abandoned, wrecked, dismantled or inoperative vehicle
or part thereof, on private or public property, except as expressly permitted in this Chapter,
is declared to constitute a public nuisance which may be abated as such in accordance
with the provisions of this Chapter.
(d) The City of Menifee incorporated on October 1, 2008. This ordinance must
take effect immediately to protect public health and safety and preserve the ability of the
City to collect state abatement revenues.
12.01.020 Exceptions. This Chapter shall not apply to the following unless found
to constitute a public nuisance pursuant to other provisions of this Code.
(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.
12.01..030 Enforcement. Except as otherwise provided, the provisions of this
Chapter shall be administered and enforced by the City Manager or the Code
Enforcement Officer or their designee (the "enforcement official").
(a) When the city council has contracted with any person or persons to do so,
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 part thereof declared to be a
nuisance pursuant to this chapter.
12.01.040 Notice of Intent to Abate and Remove.
(a) A Notice of Intent to Abate and Remove a vehicle or part thereof as a
public nuisance shall be mailed, by registered or certified mail, to the owner of the land,
as shown on the last equalized assessment roll, on which the vehicle or part thereof is
located, and to the last registered and legal owners of record unless the vehicle is in
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Ordinance 2008-18
such condition that identification numbers are not available to determine ownership. The
service is complete at the time of such deposit in the mail.
(b) The notice shall contain a statement of hearing rights of the owner of the
property on which the vehicle is located and of 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 submit 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.
12.01.050 Notice requirement exceptions. A Notice of Intent to Abate and Remove
shall not be required if any of the following conditions are satisfied:
(a) The property owner and the owner of the vehicle each has signed a
release authorizing removal and waiving further interest in the vehicle or part thereof;
(b) The vehicle or part thereof is valued at less than one hundred dollars
($100)by the enforcement official when it is parked, resting or otherwise immobilized on
any street, highway or public right-of-way and when, due to the absence of a motor,
transmission, wheels or other equipment, it may not be operated safely on the highways of
the state of California;
(c) The vehicle or part thereof is valued at less than three hundred dollars
($300)by the enforcement official authorized to enforce this Chapter and that official
complies with Vehicle Code Section 22850.3, et seq., in removing the vehicle; or
(d) All of the following conditions are met:
(1) The vehicle or part thereof is inoperable due to the absence of a
motor, transmission or wheels and is incapable of being towed and any of the following
conditions exists:
(2) The vehicle or part thereof is valued at less than two hundred
dollars by the enforcement official, whether or not operable;
(3) The enforcement official has determined that the vehicle or part
thereof is a public nuisance presenting an immediate threat to public health or safety,
(4) The property owner has signed a release authorizing the removal
and waiving further interest in the vehicle or part thereof, and
(5) The vehicle is located upon a parcel that is either zoned for
agricultural use or is not improved with a residential structure containing one or more
dwelling units.
If a vehicle is removed pursuant to subsection (d)of this section, prior to final
disposition, the registered or legal owner shall be notified of the intent to dispose of the
vehicle or part thereof. If the vehicle or part thereof is not claimed and removed from the
scrap yard, automobile dismantler's yard or public disposal area within fourteen calendar
days after the notice to dispose of vehicle is mailed, final disposition may proceed.
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Ordinance 2008-18
12.01.060 Request for hearing. Upon a timely request by the owner of the property
on which the vehicle is located or by the owner of the vehicle, a public hearing shall be
held on the question of abatement and removal of the vehicle or part thereof as an
abandoned, wrecked, dismantled or inoperative vehicle and the assessment of the
administrative costs, including attorney fees, and the cost of removal of the vehicle or part
thereof against the property on which it is located. This request shall be made in writing to
the enforcement official within ten days after the mailing of the Notice of Intent to Abate
and Remove the vehicle or at the time of signing a release authorizing the removal and
waiving further interest in the vehicle or part thereof. If the owner of the property 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 property
owner. If the request for a hearing is not received within such period, the building official
shall have the authority to remove or cause the removal of the vehicle.
12.01.070 Hearings
(a) All hearings under this Chapter shall be held before a City official
designated by the City Manager who is not the enforcement official or a member of the
enforcement official's department. He or she shall hear all relevant facts and testimony.
The facts and testimony may include evidence on the condition of the vehicle or part
thereof and the circumstances concerning its location on private or public property. The
hearing officer 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.
(b) The hearing 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 part thereof if, in his opinion, the
circumstances justify it. At the conclusion of the public hearing, the hearing officer may find
that a vehicle or part thereof has been abandoned, wrecked, dismantled, or is inoperative
and order the same removed from the property as a public nuisance and disposed of as
hereinafter provided and determine the administrative costs, including attorneys fees, 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.
(c) If it is determined at the hearing that the vehicle was placed on the land
without the consent of the land owner and that he has not subsequently acquiesced in its
presence, the hearing officer shall not assess the cost of administration or removal of the
vehicle against the property upon which the vehicle is located or otherwise attempt to
collect such costs from the land owner.
(d) If an interested party makes a written presentation to the hearing officer but
does not appear, he shall be notified in writing of the decision.
(e) If the party requesting a hearing fails to appear, no hearing shall be
required or held.
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Ordinance 2008-18
12.01.080 Appeal. Any interested party may appeal the decision of the hearing
officer by filing a written notice of appeal with the City Clerk within ten days after the
decision and by paying the appeal fee set by resolution. Such appeal shall be heard by the
City Council acting as an appellate body which may affirm, amend or reverse the order or
take any other action deemed appropriate. The City Clerk shall give written notice of the
time and place of the hearing to the appellate and those persons specified in Section
12.01.040. In conducting the hearing, the City Council shall not be limited by the technical
rules of evidence. The decision of the City Council shall be final.
12.01.090 Removal of Vehicle
(a) Five days after adoption of the hearing officer order, five days from the date
of mailing of notice of decision if such notice is required, or fifteen days after such action of
the City Council authorizing removal following appeal, the vehicle or parts thereof may be
disposed of by removal to a scrap yard or automobile dismantler's yard. If such
commercial channels are not available or are inadequate, the vehicle or parts may be
disposed of at any public disposal area which will accept the same.
(b) After a vehicle has been removed, it shall not thereafter be constructed or
made operable, unless it is a vehicle which qualifies for either horseless carriage license
plates or historical vehicle license plates, pursuant to Vehicle Code Section 5004, in which
cases the vehicle may be reconstructed or made operable.
12.01.100 Immunity. Neither the City, its officers, employees, agents nor contractors
shall be liable for damage caused to a vehicle or part thereof by removal pursuant to this
chapter.
12.01.110 Notice 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 or license plates.
12.01.120 Costs. The enforcement official, or the City Council on appeal, shall
determine the administrative costs and the cost of removal to be charged. If the
administrative costs and the cost of removal are charged against the owner or a parcel of
land pursuant to this chapter and 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. The assessment shall have the same priority
as other taxes.
12.01.130 Removal Required. No person shall fail or refuse to remove an
abandoned, wrecked, dismantled or inoperative vehicle or part thereof or refuse to abate
such nuisance when ordered to do so in accordance with the abatement provisions of this
Chapter or applicable state law.
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Ordinance 2008-18
12.01.140 Abandoned Vehicles Prohibited - Penalty
_(a) It is unlawful for any person to abandon, park, store, 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 within the city for a period in excess of ten days 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 county-approved junkyard.
(b) Any individual violating any provision of this Chapter shall be deemed guilty
of an infraction. The third and any additional violation on the same site and perpetrated by
the same individual shall constitute a misdemeanor offense and shall be punishable by a
fine not exceeding one thousand dollars or six months in jail, or both such fine and jail
term.
12.01.150 Nuisance Administrative Citation. A violation of this chapter is declared
to be unlawful and a public nuisance. The city attomey shall be authorized to commence
action or actions for the abatement, and removal and enjoinment thereof and for the
collection of the costs of abatement, including administrative and attorney's fees and civil
penalties in the manner provided by law. This Chapter also may be enforced by
administrative citation.
12.01.160 Remedies. All remedies provided for in this Chapter shall be cumulative
and not exclusive. The conviction and punishment of any person hereunder shall not
relieve such person from the responsibility of abating and removing an abandoned,
wrecked, dismantled or inoperative vehicle or parts thereof.
SECTION 2. URGENCY ORDINANCE.
This ordinance shall take effect immediately upon its adoption in order to protect
public health and safety.
SECTION 3. This ordinance specifically supersedes County Ordinance No. 520
and Chapter 10.04 of the Riverside County Code.
SECTION 4. The City Clerk shall certify to the passage of this ordinance and
cause the same to be posted as required by law.
PASSED, APPROVED AND ADOPTED THIS 16TH day of December, 2008, by
the following vote:
y�
AYES:
NOES: n
ABSENT:
ABSTAIN:
Wallace W. Edgerton, Mayor
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Ordinance 2008-18
ATTEST:
athy Bennett, City Clerk
APPROVED AS TO FORM:
3
Elizabeth Marlyn, City Attorney
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