ORD 021 ORDINANCE NO. 21
AN ORDINANCE. OF THE CITY OF RANCHO PALOS
VERDES REGULATING ABANDONED AND INOPERATIVE
VEHICLES DECLARING THEM TO BE A PUBLIC
NUISANCE AND SETTING FORTH PROCEDURES FOR
THE ABATEMENT OF SUCH NUISANCES , AMENDING
THE RANCHO PALOS VERDES MUNICIPAL CODE.
THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES DOES HEREBY
ORDAIN AS FOLLOWS:
Section 1 . Article III of the Rancho Palos Verdes Municipal
Code is hereby amended by adding a Chapter 3 to read as follows :
CHAPTER 3 - ABANDONED VEHICLE ABATEMENT
3300 . Findings. 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, dis-
mantled 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 dterioration, 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 ex-
pressly hereinafter permitted, is hereby declared to constitute
a public nuisance which may be abated as such in accordance with
the provisions of this chapter.
3301. Definitions. As used in this chapter.
(a) The term "vehicle" means a device by which any
person or property may be propelled, moved, or drawn upon a high-
way, 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.
3302 . Exemptions. This chapter shall not apply to :
(a) 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
(b) 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.
3303 . Non Exclusive 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.
3304 . Administration and Enforcement. Except as other-
wise provided herein, the provisions of this chapter shall be
administered and enforced by the City Manager, or his designee .
In the enforcement of this chapter, the City Manager, or his
designee, or assistant 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.
3305 . Same. 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.
3306 . Determination of 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 parts thereof under the chapter.
3307 . Removal. 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 Manager, or his designee, shall have the authority to
cause the abatement and removal thereof in accordance with the
procedure prescribed herein.
3308 . Notice. A 10-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 owner-
ship. 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
Page 2 Ord 21
(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 Article III, Chapter 3 of the Rancho
Palos Verdes 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 Article III, Chapter 3 of the Rancho
Palos Verdes 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 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 Manager or his designee within such 10-day period,
the City Manager or his designee 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 s/
City Manager
NOTICE OF INTENTION TO ABATE AND REMOVE
AN ABANDONED, WRECKED, DISMANTLED, OR
INOPERATIVE. V.EH.ICL.E. 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 Article III ,
Chapter 3 of the Rancho Palos Verdes 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 Article III , Chapter 3 , of the
Rancho Palos Verdes Municipal Code.
You are hereby notified to abate said nuisance by the re-
moval 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
Page 3 Ord 21
that you may, within 10 days after the mailing of this notice
of intention, request a public hearing and if such request is
not received by the City Manager or his designee within such
10-day period, the City Manager or his designee shall have the
authority to abate and remove said vehicle (or said parts of a
vehicle) without a hearing.
Notice Mailed s/
City Manager
3309. Public Hearing. Upon request by the owner of the
vehicle or owner of the land received by the City Manager or
his designee within 10 days after the mailing of the notices
of intention to abate and remove, a public hearing shall be
held by the City Manager or his designee 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 state-
ment denying responsibility for the presence of the vehicle
on his land within such 10-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 10 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 said 10 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 there-
of as a public nuisance without holding a public hearing.
3310.. Same. All hearings under this chapter shall be
held before the City Manager or his designee which shall hear
all facts and testimony he deems pertinent. $aid 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 City Manager
or his designee 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 con-
sideration at the hearing, and deny responsibility for the
presence of the vehicle on the land, with his reasons for such
denial.
The City Manager or his designee may impose such con-
ditions and take such other action as he deems appropriate under
the circumstances to carry out the purpose of this charter. He
may delay the time for removal of the vehicle or parts thereof
if, in his opinion, the circumstances justify it. At the con-
clusion of the public hearing, the City Manager or his designee
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.
Page 4 Ord 21
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 Manager or his designee shall not assess the costs of admini-
stration 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 Manager or his designee, but does not
appear, he shall be .notified in writing of the decision.
3311. Appeal . Any interested party may appeal the decision
of the City Manager or his designee by filing a written notice of
appeal with the said City Manager or his designee within five
days after his decision.
Such appeal shall be heard by the City Council which may
affirm, amend or reverse the order to take other action deemed
appropriate.
The clerk shall give written notice of the time and place
of the hearing to the appellant and those persons specified in
Section 3308 . —
In conducting the hearing, the City Council shall not, b
limited by the technical rules of evidence.
3312 . Removal Following Appeal . Five days after adoption
of the order declaring the vehicle or parts thereof to be a pub-
lic nuisance, five days from the date of mailing of notice of the
decision if such notice is required by Section 3310 , or 15 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 disxmantler 's yard.
After a vehicle has been removed, it shall not thereafter be
reconstructed or made operable.
3313 . Notice to Department of Motor Vehicles . Within
five _days after the date of removal of the vehicle or parts there-
. of, ncatice shall be given to the Department of Motor Vehicles
identifying the vehicle or parts thereof removed. At the same
2 - time, :there shall be transmitted to the Department of Motor
Veicl=es any evidence of registration available, including
registration certificates, certificates of title, and license plates.
3314 . 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 3310 are not paid within 30 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.
Page 5 Ord 21
PASSED, APPROVED, AND ADOPTED this 19th day of February ►
1974 .
AYES : Buerk, Dyda, Ruth, R. Ryan, M. Ryan
NOES: None
ABSENT: None
MAYO' /
ATTEST:
Cl CLERK 4.
I HEREBY CERTIFY that the foregoing is a true and correct
copy of Ordinance No. 21, passed and adopted by the City Council of
the City of Rancho Palos Verdes at a meeting thereof held on the 19th
day of February, 1974 , and that said Ordinance was posted pursuant to
law.
LEONARD G. WOOD, CITY CLERK AND
EX OFFICIO CLERK OF THE COUNCIL
By
Deputy
Page 6 Ord 21
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS. CERTIFICATE OF POSTING
CITY OF RANCHO PALOS VERDES )
The undersigned declares and certifies under penalty of
perjury:
That he at all times herein mentioned was and now is the
duly qualified and acting City Clerk of the City of Rancho Palos
Verdes, California;
That on the 2 day of 9 19 7 he
caused to be posted in three conspicuous public places, as required
by law,
a copy of which is attached hereto, in the following public places
in this City:
City Hall
31244 Palos Verdes Drive West
Los Angeles County Fire Station
4000 Miraleste Plaza
Ridgecrest Intermediate School
28915 Northbay Road
Dated thisc;UL day of 19-7 ( .
LEONARD G. WOOD, CITY CLERK
EX OFFICIO CLERK OF THE COUNCIL
By ' 'ZL.0
Deputy