ORDINANCE 821ORDINANCE NO. 821
AN ORDINANCE OF THE CITY OF EL SEGUNDO,
CALIFORNIA, AMENDING THE "EL SEGUNDO
MUNICIPAL CODE" BY ADDING CHAPTER 10. 79
RELATING TO REMOVAL OF ABANDONED, OR
INOPERATIVE VEHICLES FROM PRIVATE OR
PUBLIC PROPERTY, AND REPEALING SECTION
9. 04. 120 OF SAID CODE.
THE CITY COUNCIL OF THE CITY OF EL SEGUNDO,
CALIFORNIA, DOES ORDAIN AS FOLLOWS:
SECTION 1. Chapter 10. 79 consisting of Sections 10. 79. 010
to 10. 79. 150, inclusive, is added to the "El Segundo Municipal Code" to
read as follows:
"CHAPTER 10. 79
"ABANDONED OR INOPERATIVE VEHICLES
ON PRIVATE OR PUBLIC PROPERTY
"10. 79. 010 PURPOSE. The purpose of this chapter is to pro-
vide for the abatement and removal as public nuisances of abandoned,
wrecked, dismantled, or inoperative vehicles, or parts thereof,
from private property or public property, not including highways,
and to enable the City to recover costs of administration thereof
as authorized by Section 22660 of the Vehicle Code of the State of
California.
"10. 79. 020 DEFINITIONS. For the purpose of this chapter,
certain words and phrases shall be construed as set forth in this
section, unless it is apparent from the context that a different
meaning is intended:
(1) Vehicle. '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.
(2) Highway. 'Highway' means a way or place of whatever
nature, pub it cly maintained and open to the use of the public for pur-
poses of vehicular travel. Highway includes street.
(3) Public Property. 'Public property' does not include
'highway'.
(4) Owner of the Land. '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.
(5) Owner of the Vehicle. 'Owner of the vehicle' means the
last registered owner and legal owner of record.
"10. 79. 030 EXCEPTIONS. This chapter shall not apply to:
(1) 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
"(2) A vehicle, or parts thereof, which is stored or parked
in a lawful manner on private property in connection with the busi-
ness of a licensed dismantler, licensed vehicle dealer, or a junk
dealer; or
(3) A vehicle, or parts thereof, which is located behind a wall
or solid fence, six feet in height and in good repair, which is not
plainly visible from a highway.
"Nothing in this section shall authorize the maintenance of a pub-
lic 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.
"10. 79. 040 CHAPTER NONEXCLUSIVE. This chapter is no.t
the exclusive regulation of abandoned, wrecked, dismantled or in-
operative vehicles within the city. It shall supplement and be in addi-
tion 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.
"10.79.050 ADMINISTRATION -- ENFORCEMENT. Except as
otherwise provided herein, the provisions of this chapter shall be
administered and enforced by the Chief of Police. In the enforce-
ment 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 parts thereof declared to be a
nuisance pursuant to this chapter.
"10. 79.060 CONTRACTOR AUTHORIZED TO ACT. When the
City Council has contracted with or granted a franchise to any per-
son or persons, such person or persons shall be authorized to enter
upon private property or public property to remove or cause the re-
moval of a vehicle or parts thereof declared to be a nuisance pur-
suant to this chapter.
"10. 79.070 FIXING ADMINISTRATIVE COSTS. The City Coun-
cil 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 this chapter.
"10. 79.080 CHIEF OF POLICE AUTHORIZED TO ACT. 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 of Police shall have the authority
to cause the abatement and removal thereof in accordance with the
procedure prescribed herein.
"10. 79.090 10 -DAY NOTICE OF INTENTION TO ABATE. 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 ve-
hicle is in such condition that identification numbers are not avail-
able to determine ownership. The notices of intention shall be in
substantially the following forms:
NOTICE OF INTENTION TO ABATE AND REMOVE AN
ABANDONED, WRECKED, DISMANTLED, OR INOPERA-
TIVE 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 under-
signed pursuant to Chapter 10. 79 of the ' El Segundo Municipal Code'
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"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 10. 79 of said 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 Chief of Police
within such 10 -day period, the Chief of Police shall have the autho-
rity 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 oe 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/
ate Chief of o ice
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 legal owner
of record of vehicle -- notice should be given to both if
different)
As last registered and legal owner of record of (description of
vehicle - make, model, and license), you are hereby notified that the
undersigned pursuant to Chapter 10. 79 of the 'El Segundo Municipal
Code' has determined that said vehicle (or parts of a vehicle) exists
as an abandoned, wrecked, dismantled or inoperative vehicle at (des-
cribe location on public or private property) and constitutes a public -
nuisance pursuant to the provisions of Chapter 10. 79 of said 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 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 hear-
ing and if such a request is not received by the Chief of Police within
such 10 -day period, the Chief of Police shall have the authority to
abate and remove said vehicle (or said parts of a vehicle) without a
hearing.
Notice Mailed s/
ate Chief oT Police
-3-
"10. 79. 100 PUBLIC HEARING UPON REQUEST-- AUTHO-
RITY TO ABATE WITHOUT. Upon request by the owner of the
vehicle or owner of the land received by the Chief of Police within
ten days after the mailing of the notices of intention to abate and
remove, a public hearing shall be held by the Chief of Police on
the question of abatement and removal of the vehicle or parts
thereof as an abandoned, wrecked, , dismantled or inoperative ve-
hicle, 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 num-
bers are not available to determine ownership. If such a 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.
"10. 79. 110 PUBLIC HEARING. All hearings under this chap-
ter shall be held before the Chief of Police who shall hear all facts
and testimony he deems pertinent. Said facts and testimony may in-
clude 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 of Police shall not be limited by the
technical rules of evidence. The owner of the land may appear in per-
son 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 of Police may impose such conditions and take such
other action as he deems appropriate under the circumstances to carry
out the purpose of this chapter. It 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 of Police may
find that a vehicle or parts thereof has been abandoned, wrecked, dis-
mantled, 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 num-
ber of the vehicle, if available at the site.
"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 of Police shall not
assess the costs of administration or removal of the vehicle against
the property upon which the vehicle is located or otheriNise attempt to
collect such costs from such owner of the land.
"If the owner of the '.and submits a sworn written statement deny-
ing 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 of Police but does not appear, he shall be notified in writing
of the decision.
7�:
"10. 79.120 APPEAL OF DECISION. Any interested party
may appeal the decision of the Chief of Police by filing a written
notice of appeal with the City Clerk within five days after his deci-
sion.
"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 Sec-
tion 10. 79.090.
"In conducting the hearing the City Council shall not be limited
by the technical rules of evidence.
"10. 79.130 TIME FOR DISPOSAL. Five days after adoption
of the order declaring the vehicle or parts thereof to be a public nui-
sance, or five days from the date of mailing of notice of the decision
if such notice is required by Section 10. 79. 110, or fifteen 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 oper-
able.
"10. 79.140 NOTICE TO DMV. 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 Depart-
ment of Motor Vehicles any evidence of registration available, includ-
ing registration certificates, certificates of title and license plates.
"10. 79.150 UNPAID COSTS-- ASSESSMENTS. If the adminis-
trative costs and the cost of removal which are charged against the
owner of a parcel of land pursuant to Section 10. 79. 110 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. "
SECTION 2. That this ordinance shall become effective at mid-
night on the thirtieth day from and after the final passage and adoption there-
of.
SECTION 3. That the City Clerk shall certify to the passage and
adoption of this ordinance; shall cause the same to be entered in the book of
original ordinances of said city; shall make a minute of the passage and adop-
tion thereof in the records of the meeting at which the same is passed and
adopted; and shall within fifteen days after the passage and adoption thereof,
cause the same to be published once in the E1 Segundo Herald a weekly news-
paper of general circulation, published and circulated within said City of
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E1 Segundo and which is hereby designated for that purpose.
PASSED, APPROVED and ADOPTED this 2d day of October
. 1973.
ATTEST:
JANE D. HOUGH
City Clerk
(SEAL)
By
puty
tA*"l./d
�qAot&v
May6—rof the City of egun o, California.
470 / -A
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS
CITY OF EL SEGUNDO )
I, JANE D. HOUGH .. . . , , , City Clerk of the City of El Segundo,
California, do hereby certify that the whole number of members of the City Council
of the said City is five; that the foregoing ordinance, being Ordinance No. .821 .
is a full, true and correct original of Ordinance No. .821 ........ of the said City of
El Segundo, California, entitled:
AN ORDINANCE OF THE CITY OF EL SEGUNDO,
CALIFORNIA, AMENDING THE "EL SEGUNDO
MUNICIPAL CODE" BY ADDING CHAPTER 10. 79
RELATING TO REMOVAL OF ABANDONED, OR
INOPERATIVE VEHICLES FROM PRIVATE OR
PUBLIC PROPERTY, AND REPEALING SECTION
9. 04. 120 OF SAID CODE
which was duly passed and adopted by the said City Council, approved and signed
by the Mayor of said City, and attested by the City Clerk of said City, all at a
regular meeting of the said Council held on the ...2nd .. day of . October.. . . . ... .
19..7.3....... , and that the same was so passed and adopted by the following vote:
AYES: Councilmen . McGill; Nagel,. Stephens and Mayor Bahre r .
...,. .. ... ... ..... .... .
NOES: Councilmen „ None , , , , .
ABSENT: Councilman, , ,Morgan ........................ ........ .
I do hereby further certify that pursuant to the provisions of Section 36933
of the Government Code of the State of California, that the foregoing Ordinance
No. .. 821... was duly and regularly published according to law and the order of
the City Council of said City in the E1 Segundo Herald, a weekly newspaper of
general circulation, printed, published and circulated within said City and that the
same was so published therein on the following date, to wit: . , October. 17:.1.973.. .
JANE D. HOUGH
........... ...............................
City Clerk of the City of E1 Segundo, California
(SEAL)
Deputy