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City of Huntington Beach
File #: 19-1130 MEETING DATE: 11/18/2019
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO: Honorable Mayor and City Council Members
SUBMITTED BY: Oliver Chi, City Manager
PREPARED BY: Ursula Luna-Reynosa, Director of Community Development
Subject:
Approve for Introduction Ordinance 4201 Amending Chapter 8.48 of the Huntington Beach
Municipal Code Relating to Public Nuisance Abatement of Abandoned, Wrecked, Dismantled
or Inoperative Vehicles.
Statement of Issue:
Code Enforcement often receives requests for service from the community regarding inoperable and
abandoned vehicles on private property. There is a need to amend Huntington Beach Municipal
Code Chapter 8.48 Inoperable Vehicles to update the process for abatement of Inoperable and
Abandoned Vehicles consistent with the California Vehicle Code. If adopted by the City Council, the
proposed amendment will enable the Code Enforcement Division to be more responsive to the
citizens of Huntington Beach and improve the City's enforcement actions.
Financial Impact:
Not applicable.
Recommended Action:
Approve for Ordinance 4201, "An Ordinance of the City of Huntington Beach Chapter 8.48 of the
Huntington Beach Municipal Code Relating to Public Nuisance Abatement of Abandoned, Wrecked,
Dismantled or Inoperative Vehicles."
Alternative Action(s):
Do not approve the recommended action and direct staff accordingly.
Analysis:
Since Chapter 8.48 of the Huntington Beach Municipal Code was originally adopted, updates to the
California Vehicle Code relating to the process for the abatement of inoperable vehicles have been
passed by the State. As the Community Development Department Code Enforcement Division works
to modernize the City's processes, the need to update this code chapter has become necessary.
If the proposed amendment is adopted by the City Council, the Code Enforcement Division will be
City of Huntington Beach Page 1 of 2 Printed on 11/13/2019
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File #: 19-1130 MEETING DATE: 11/18/2019
able to cause the abatement by removal of inoperable vehicles on private property, thereby
enhancing the City's enforcement actions.
On an annual basis, Code Enforcement receives an average of eighty (80) reported violations of
abandoned and inoperable vehicles from private properties. The current process involves the
issuance of a Notice of Violation, Final Notice, three different levels of civil citations, and further
review by the City Attorney's Office for other legal remedies. The entire duration of this process can
take three (3) to five (5) months before an abandoned and inoperable vehicle violation is fully
resolved.
Environmental Status:
Find the proposed project exempt from the California Environmental Quality Act (CEQA) pursuant to
Section 15061 (b) (3) of the CEQA Guidelines because it has no potential to have a significant effect
on the environment.
Strategic Plan Goal:
Enhance and maintain high quality City services
Attachment(s):
1. Ordinance 4201 amending Chapter 8.48 relating to Inoperable Vehicles
2. Huntington Beach Municipal Code Chapter 8.48 Legislative Draft
City of Huntington Beach Page 2 of 2 Printed on 11/13/2019
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ORDINANCE NO. 4201 '
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,
AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH
AMENDING CHAPTER 8.48 OF THE HUNTINGTON BEACH MUNICIPAL
CODE RELATING TO PUBLIC NUISANCE ABATEMENT OF ABANDONED, WICKED,
DISMANTLED OR INOPERATIVE VEHICLES
WHEREAS, the City Council finds that the accumulation and storage Of/abandoned,
wrecked, dismantled or inoperative vehicles or parts thereof on private and P lic property
creates conditions reducing the value of private and public property, causes light and
deterioration in neighborhoods, invites plundering, creates fire hazards, constitutes an attractive
nuisance and hazard to the health and safety of minors,harbors rode ,vermin and insects, and
is injurious to the health, safety and general welfare. Therefore the esence of an abandoned,
wrecked, dismantled or inoperative vehicle or part thereof, on private and public property, except
as expressly permitted, is declared to constitute a nuisance whips may be abated; and
WHEREAS, California Vehicle Code Sections 22660 and 22661 authorized the City to
adopt an ordinance establishing procedures for the abate�nt and removal, as public nuisances,
of abandoned, wrecked, dismantled, or inoperative vel Idles or parts thereof from private or
public property, and for the recovery,pursuant to GoJ6ernment Code Section 38773.5 of the costs
of administration and removal;
NOW, THEREFORE, the City/theuntington
f the City of Huntington Beach does hereby
ordain as follows:
SECTION 1. Chapter 8.48 of Beach Municipal Code is hereby amended
to read as follows:
8.48.010 Intent and Purpose`
This Chapter is intended to provide a procedure for the abatement of abandoned, wrecked,
dismantled or inoperative vehi es, and is enacted under the authority of Section 22660 of the
California Vehicle Code.
It is the intent of the City ouncil to provide that the abatement of public nuisances consisting of
abandoned, wrecked, d' mantled and inoperative vehicles may be carried on either concurrently
with or separately fro the abatement of other conditions, if any, constituting a public nuisance
on any premises wi 'n the City, as deemed appropriate under the circumstances.
8.48.020 Definit' ns
For the purpo s of this Chapter, the following terms shall mean as follows,unless the context in
which they e used clearly indicates to the contrary:
A "Abandoned vehicle"means a vehicle abandoned on a street, public property or
private property in such inoperable or neglected condition that the Director had
determined that it is the owner's intent to relinquish all further rights or interest in
the vehicle. In reaching this conclusion,the Director should consider the amount
of time the vehicle has not been moved, its condition, and the statements from the
owner and any witnesses.
ORDINANCE NO.¢4201
B. "Director"means the Director of the Department of Community Dev.lopment, or
his or her designee.
C. "Dismantled vehicle" means any vehicle which is partially orw--holly
disassembled.
D. "Inoperable vehicle"means any vehicle in a condition thae renders it unsafe for
operation upon a street, or in which operation upon a street would violate the
Vehicle Code or any other law or regulation related to%the operation of vehicles
upon a street in the City of Huntington Beach or Stta1� of California.
E. "Part" includes, but is not limited to, any item,device, component, frame,
bumper, wheel or glass associated with a vehicle.
F. "Public property" is any property owned�by the City, including all City buildings
and parks. Public property does not include a street.
G. "Street" means any street, highway acid sidewalk as defined at Sections 360, 555
and 590 of the California Vehicle Code. "Street" includes any highway,
sidewalk, alley or right-of-way dedicated to the public.
H. "Vehicle" means a device, or substantial part of a device by which any person or
property may be propelled,*moved or drawn upon a street, except a device moved
by human power or used exclusively upon stationary rails or tracks. Vehicle
includes trailers designed for carrying persons or property on its own structure
and for being drawn b�,y{a motor vehicle and so constructed that no part of its
weight rests upon any other vehicle. The term Vehicle includes any Abandoned,
Dismantled, Inoperable, Wrecked or Part of a Vehicle.
I. "Wrecked veh tle" means any vehicle, or a substantial part of a vehicle that is
damaged to such an extent that it cannot be operated upon the street. A vehicle
which has been wrecked in a traffic accident, and which has been removed from
the roadway to a storage facility, but which has not been claimed by its owner, is
not an abandoned vehicle.
,d
8.48.030 Applicability
This Chapter shall not apply to:
A. 1 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.
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.
/ C. These exceptions shall not authorize the maintenance of a public or private
I nuisance as defined under provisions of law other than this Chapter.
2
19-8132/217454/SFF
ORDINANCE NO. 4201
8.48.040 Enforcement
Except as otherwise provided herein, both the Police Chief or the Director of Community
Development may administer and enforce the provisions of this Chapter. In the enforcement of,/
this Chapter, such officers and their deputies may enter upon private or public property to fi
examine a vehicle or part thereof, or obtain information as to the identity of the vehicle and to
remove or cause removal of a vehicle or part thereof declared to be a nuisance pursuant�to this
Chapter.
.�s
8.48.050 Notice
Upon discovery of an abandoned,wrecked,dismantled or inoperable vehicle or part thereof,the
City may issue a ten(10)day notice of intention to abate and remove the vehicle or part thereof as a
public nuisance. The notice shall be mailed,by registered or certified mail,.fo the owner of the land
as shown on the last equalized assessment roll and to the last registered and legal owner of record of
the vehicle,unless the vehicle is in such condition that identification numbers are not available to
determine ownership.The notices shall be in substantially the following form:
NOTICE OF INTENTION TO ABATE AND REMOVE AN ABANDONED,
WRECKED, DISMANTLED, OR INOPERATIVE VEHICLE AS A PUBLIC
NUISANCE:'
[Name and address of owner of the property onwhich the vehicle is located.]
As owner shown on the last equalized assessment roll of the land located at(address),
you are hereby notified that the City of Huntington Beach has determined pursuant to
Chapter 8.48 of the Huntington Beach Municipal Code that there exists upon your land
an abandoned, wrecked, dismantled or inoperative vehicle [or part of a vehicle] registered
to , license number,,�t"� , which constitutes a public nuisance.
You are hereby notified to remove the vehicle [or part of a vehicle] within 10-days from
the date of mailing of this notice If you fail to remove the vehicle [or part of a vehicle],
the City will remove it, and the costs of removal, including the administrative costs, will
be assessed to your property as the person responsible person for the vehicle.
You may request a hear,.ing regarding the removal of the vehicle by submitting a written
request to the Huntington Beach City Clerk within ten (10) days after the mailing of this
Notice. If your request for a hearing is not received within the 10-day period, the City of
Huntington Beach�shall have the authority to abate and remove the vehicle [or part of a
vehicle] as a public nuisance and assess the costs without a public hearing.
You and/or the owner of the vehicle [or part of a vehicle] may appear in person at any
hearing requested by you or the owner of the vehicle. Instead of appearing at the
hearing,fyou may submit prior to the hearing a sworn written statement denying
responsibility for the presence of the vehicle on your land and explaining why the
vehicle is on your land.
Notice Mailed
"(Date) CITY OF HUNTINGTON BEACH
By
Community Development Director
3
19-8132/217454/SFF
ORDINANCE NO. 4201 �
y.+
NOTICE OF INTENTION TO ABATE AND REMOVE AN ABANDONED,,,,
WRECKED, DISMANTLED OR INOPERATIVE VEHICLE OR PART THEREOF AS
A PUBLIC NUISANCE.
[Name and address of last registered and legal owner(s) of record of vehicle=notice
should be given to both if different.] °
As the last registered (and/or legal) owner of record of(description of vehicle-make,
model, license, etc.), you are hereby notified that the City of Huntington Beach has
determined pursuant to Chapter 8.48 of the Huntington Beach Municipal Code that your
abandoned, wrecked, dismantled or inoperative vehicle constitutes a public nuisance.
You are hereby notified to remove the vehicle [or part of a vehicle] within 10-days from
the date of mailing of this notice. If you fail to remove the vehicle, the City will remove
it. µ
As registered (and/or legal) owner of record of said vehicle [or part of a vehicle], you
may request a hearing regarding the removal of the,vehicle by submitting a written
request with the Huntington Beach City Clerk within ten (10) days after the mailing of
this Notice. If your request for a hearing is not,ieceived within the 10-day period, the
City of Huntington Beach shall have the authority to abate and remove the vehicle [or
part of a vehicle] as a public nuisance and assess the costs without a public hearing.
X'`
You and/or the owner of the property where the vehicle is located, may appear in person
at any hearing requested by you or the,,owner of the property. Instead of appearing at the
hearing, you may submit a sworn written statement within such 10-day period for
consideration at the hearing. In ypur statement, you may deny responsibility for the
presence of the vehicle on the land, with your reasons for denial.
Notice Mailed
(Date) ; CITY OF HUNTINGTON BEACH
By fir
r
d4��e
F
Community�Development Director
8.48.060 Circumstances Where Notice of Intent Not Required.
A notice of intention to abate shall not be required if: (1) the property owner and the owner of
the vehicle lave signed releases authorizing removal and waiving further interest in the vehicle
or part thereof, or (2) all the following conditions are satisfied:
A. The vehicle or part thereof is inoperable due to the absence of a motor,
transmission, or wheels and is incapable of being towed;
B. The vehicle or part thereof is valued at less than two hundred dollars ($200.00) by
the Director;
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19-8132/217454/SFF
F
ORDINANCE NO. 4201
C. The Director has determined that the vehicle or part thereof is a public nuisance'^
presenting an immediate threat to public health and safety; F
D. The property owner has signed a release authorizing the removal and waiving
further interest in the vehicle or part thereof; and Rj
E. The vehicle is located upon a parcel that either is 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 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 scrapyard, automobil A e`�dismantler's yard or
public disposal area within twelve (12) days after the notice to dispose" vehicle is mailed, final
disposition may proceed. �J
8.48.070 Public Hearing Upon Written Request. `+
A. Upon request by the owner of the vehicle or the owner of the property on which
the vehicle is located received by the City within ten (10) days after the mailing of the notices of
intention to abate and remove, a public hearing shall be held by the Director of Community
Development 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 and the costs of removal of the vehicle, or part thereof, against the property on which it is
located.
B. Notice of the hearing shall sent y registered mail at least ten (10) days before the
hearing to the owner of the property on which the vehicle is located and to the owner of the
vehicle, unless the vehicle is in such condition that identification numbers are not available to
determine ownership. If the City does not receive a request for hearing within ten (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 part thereof, as a public nuisance without holding a public hearing.
C. The Director shallreonduct all hearings under this Chapter. The Director shall
hear all relevant facts and testimony. The owner of the property, and/or the vehicle owner may
present testimony on the condition of the vehicle, or part thereof, and the circumstances
concerning its location on the property. The Director shall not be limited by the technical rules of
evidence. The landowner and/or the vehicle owner 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/her reasons for such denial.
8.48.080 General Powers of Community Development Director; Notice of Decision.
A. The Community Development Director may impose such conditions and take
such other action as he or she deems appropriate under the circumstances to carry out the
purposes of this Chapter. The Director may delay the time for removal of the vehicle, if the
circumstances justify a delay. At the conclusion of the public hearing, the Director may find that
a vehicle,/or part thereof, has been abandoned, wrecked, dismantled, or is inoperative on private
or pub,c property and order the removal and disposal of the vehicle as a public nuisance, and
determine the administrative costs and the cost of removal to be charged against the responsible
per4on. 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.
5
19-8132/217454/SFF
ORDINANCE NO '4201
r
B. If it is determined at the hearing that the vehicle, or part thereof, was;placed
without the consent of the owner of the property on which the vehicle is located,Ifafid that the
property owner has not subsequently acquiesced to the vehicle's presence, the Director shall not
assess the costs of administration or removal of the vehicle, or part thereof, against the property
upon which the vehicle, or part thereof, is located or otherwise attempt to collect such costs from
the owner of the property on which the vehicle is located.
C. 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/her land but does
not appear, or if an interested party makes a written presentation,,.to the Director but does not
appear, he/she shall be notified in writing of the decision. °r
D. The Director's decision shall be final, and shall specify that any action to review
its decision shall be commenced no later than within 90 days following issuance of the decision,
as forth in the California Code of Civil Procedure Sections 1094.5 and 1094.6.
8.48.090. Disposal. '
,r
A. Seven (7) days after adoption of the/order declaring the vehicle, or part thereof, to
be a public nuisance, or seven (7) days from the date of mailing of notice of the decision if such
notice is required by this Chapter, the vehicle,or part thereof, may be disposed of by removal to
a scrap yard or automobile dismantler's yard,!After a vehicle has been removed, it shall not be
reconstructed or made operable, unless it is''a vehicle that qualifies for either horseless carriage
license plates or historical vehicle license"plates, pursuant to Vehicle Code section 5004, in
which case the vehicle may be reconstructed or made operable.
B. The Director may eo+ntract with a private person or persons to enter upon
private property or public propertyt'o remove or cause the removal of a vehicle or part thereof
declared a nuisance pursuant to tlis Chapter. The City may recover its costs for the private party
as provided for under this Chapter.
8.48.100 Notice of Removal to Department of Motor Vehicles.
Within five (5) days after the removal of the vehicle, or part thereof, the Director shall provide
notice to the DMV identifying the vehicle removed, or the parts thereof. The director shall also
transmit to the DMV a4 evidence of registration available, including, but not limited to the
registration card, certificates of ownership, and license plates.
8.48.110 Costs of Removal Assessed.
If the administrative costs d the cost of removal which are charged against the owner of the
property on which the vehicle is located or any other known responsible person pursuant to this
Chapter are iyot paid within thirty (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. The
assessnl,ent shall have the same priority as other city taxes.
8.48.120 Attorney Fees
The/Director may elect to recover the costs of attorney fees associated with the costs of
abatement by so notifying the property owner and the vehicle owner as part of the notification
provided at Section 8.48.050. Pursuant to Government Code Section 38773.5, the notice shall
6
19-8132/217454/SFF
ORDINANCE NO. 4201
state that the prevailing party in any administrative and/or court proceedings shall recover its 'j
attorneys' fees, provided that any award of attorneys' fees shall not exceed the amount of r
reasonable attorneys' fees incurred by the City in the action or proceeding. f
SECTION 2. This Ordinance shall become effective 30 days after its adoption. fry.
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a
regular meeting thereof held on the day of
i
,r
Mayor °
a
r
ATTEST: APPROVED AS TO FORM:
1
City Clerk City Attorney
r
REVIEWED AND APPROVED: INJTIATED AND APPROVED:
r ,
City Manager Director of Community Development
7
19-8132/217454/SFF
8.48.010 Intent and Purpose
This Capther is intended to provide a procedure for the abatement of abandoned.wrecked, dismantled or
operative vehicles, and is enacted under the authority of Section 22660 of the California Vehicle Code
It is tThe intent of the City Council to provide that the abatement of public nuisances consisting of
abandoned,wrecked, dismantled and inoperative vehicles may be carried on either concurrently with or
separately from the abatement of other conditions if any,constituting a public nuisance on any premises
within the City, as deemed appropriate under the circumstances andpur-pese e f this ehapter-;s to
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8.48.020 Definitions
For the purpose of this eChapter,the following terms shall mean as follows unless the context in which
they are used clearly indicates to the contrary: W orris and phrases shall have the m s her-eaftef
ferth unless a dig-erent fneaning is elea+4),intended from the eentext in whieh sueh werd er phrase is used.
Aiiy wefd of phrase not herein defined shall ha�ve the meaning a#ributed to it in efdinar-y,asage:
"Abandoned vehicle"means a vehicle abandoned on a street public property or private property in
such inoperable or neglected condition that the Director had determined that it is the owner's intent
to relinquish all further rights or interest in the vehicle. In reaching this conclusion the Director
should consider the amount of time the vehicle has not been moved its condition and the statements
from the owner and any witnesses.
"Director"means the Director of the Department of Community Development or his or her
designee.
"Dismantled vehicle"means any vehicle which is Partially or wholly disassembled
LL ' "
p blie far-purposes0€vehiEular t+avel. "Highway"ineludesstreet.
"Inoperable vehicle"means any vehicle in a condition that renders it unsafe for operation upon a
street, or in which operation upon a street would violate the Vehicle Code or any other law or
regulation related to the operation of vehicles upon a street in the City of Huntington Beach or State
of California.
State Galifefaia.
ai
"Part"includes, but is not limited to any item device component frame bumper,wheel or glass
associated with a vehicle
"Public property"is any property owned by the City,including all City buildings and parks
Public property does not include a street.does of include highway.
"Vehicle"means a device, or substantial part of a device by which any person or property may be
propelled,moved or drawn upon a street, highway except a device moved by human power or used
exclusively upon stationary rails or tracks. Vehicle includes trailers designed for carrying persons or
property on its own structure and for being drawn by a motor vehicle and so constructed that no part
of its weight rests anon any other vehicle The term Vehicle includes any Abandoned Dismantled
Inoperable. Wrecked or Part of a Vehicle
19-8132/217836
520
"Wrecked vehicle"means any vehicle or a substantial part of a vehicle that is damaged to such an
extent that it cannot be operated upon the street A vehicle which has been wrecked in a traffic
accident, and which has been removed from the roadway to a storage facility,but which has not
been claimed by its owner, is not an abandoned vehicle
8.48.030 Applicability
This chapter shall not apply to:
A. A vehicle or part thereof which is completely enclosed in 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.
C. These exceptions shall not authorize the maintenance of a public or private nuisance as
defined under provisions of law other than this Chapter.
Except as otherwise provided herein, both the Police Chief or the Director of Community Development
may administer and enforce the provisions of this Chapter. In the enforcement of this Chanter, such
officers and their deputies may enter upon private or public property to examine a vehicle or part thereof
or obtain information as to the identity of the vehicle and to remove or cause removal of a vehicle or part
thereof declared to be a nuisance pursuant to this Chapter
4 la,�N,other-than Chaptef 10; eemmeneing with Seetion Nething in this seetien shall atithefize the maintenanee of a publie of private nuisanee as defined under-
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LlZU IZVr':
8 48 050 ffiotke
Upon discovery of an abandoned wrecked dismantled or inoperable vehicle or part thereof the City may
issue a ten(10)day notice of intention to abate and remove the vehicle or part thereof as a public nuisance
The notice shall be mailed by registered or certified mail,to the owner of the land as shown on the last
equalized assessment roll and to the last registered and legal owner of record of the vehicle unless the vehicle
is in such condition that identification numbers are not available to determine ownership The notices shall
be in substantially the follQwin form:
NOTICE OF INTENTION TO ABATE AND REMOVE AN ABANDONED WRECKED
DISMANTLED. OR INOPERATIVE VEHICLE AS A PUBLIC NUISANCE
Name and address of owner of the property on which the vehicle is located.]
As owner shown on the last equalized assessment roll of the land located at(address) you are
hereby notified that the City of Huntington Beach has detennined pursuant to Chapter 8.48 of the
Huntington Beach Municipal Code that there exists upon your land an abandoned wrecked
dismantled or inoperative vehicle for part of a vehicle] registered to license
19-8132/217836
521
number which constitutes a public nuisance. You are hereby notified to remove
the vehicle for part of a vehicle] within 10-days from the date of mailing of this notice. If you fail
to remove the vehicle for Part of a vehicle],the City will remove it, and the costs of removal.
including the administrative costs will be assessed to your property as the Person responsible
person for the vehicle.
You may request a hearing regarding the removal of the vehicle by submitting a written request to
the Huntington Beach City Clerk within ten(10)days after the mailing of this Notice If your
request for a hearing is not received within the 10-day period,the City of Huntington Beach shall
have the authority to abate and remove the vehicle for part of a vehicle] as a public nuisance and
assess the costs without a public hearing.
You and/or the owner of the vehicle for part of a vehicle] may appear in person at any hearing
requested by you or the owner of the vehicle. Instead of appearing at the hearing-you may
submit prior to the hearing a sworn written statement denying responsibility for the presence of
the vehicle on your land and explaining why the vehicle is on your land.
Notice Mailed
(Date) CITY OF HUNTINGTON BEACH
By
Community Development Director
NOTICE OF INTENTION TO ABATE AND REMOVE AN ABANDONED WRECKED
DISMANTLED OR INOPERATIVE VEHICLE OR PART THEREOF AS A PUBLIC
NUISANCE.
[Name and address of last registered and legal owner(s)of record of vehicle—notice should be
given to both if different.]
As the last registered(and/or legal) owner of record of(description of vehicle-make model
license. etc.)_ you are hereby notified that the City of Huntington Beach has determined pursuant
to Chapter 8.48 of the Huntington Beach Municipal Code that your abandoned wrecked
dismantled or inoperative vehicle constitutes a public nuisance. You are hereby notified to
remove the vehicle for part of a vehicle] within 10-days from the date of mailing of this notice If
YOU fail to remove the vehicle.the City will remove it.
As registered(and/or legal)owner of record of said vehicle for part of a vehicle] you may request
a hearing regarding the removal of the vehicle by submitting a written request with the
Huntington Beach City Clerk within ten(10)days after the mailing of this Notice. Ifs our
request for a hearing is not received within the 10-day period,the City of Huntington Beach shall
have the authority to abate and remove the vehicle for part of a vehicle] as a public nuisance and
assess the costs without a public hearing.
You and/or the owner of the property where the vehicle is located may appear in person at any
hearing requested by you or the owner of the property. Instead of appearing at the hearing, you
may submit a sworn written statement within such 10-day period for consideration at the hearing.
In your statement you may deity responsibility for the presence of the vehicle on the land with
your reasons for denial.
19-8132/217836
522
Notice Mailed
(Date) : CITY OF HUNTINGTON BEACH
By
Community Development Director
City,within the Gity. it shall slipplement and be in addition to the ether r-egWalei:y eedes, statutes a*d
efdinafices heretofore of her-eafler-enaeted by the the state,
or any ether legal entity er-agene
ha-ving jtifisdietien.
8 48 060 Circmstances Where Notice of Intent Not Rewired Enfo- t
A notice of intention to abate shall not be required if (1)the property owner and the owner of the vehicle
have signed releases authorizing removal and waiving further interest in the vehicle or part thereof or(2)
all the following conditions are satisfied:
A. The vehicle or part thereof is inoperable due to the absence of a motor transmission or
wheels and is incapable of being towed-
B. The vehicle or part thereof is valued at less than two hundred dollars($200 00)by the
Director: •
C. The Director has determined that the vehicle or part thereof is a public nuisance
presenting an immediate threat to public health and safety
D. The property owner has signed a release authorizing the removal and waivingfrther
interest in the vehicle or part thereof. and
E. The vehicle is located upon a parcel that either is 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 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 scrapyard automobile dismantler's vard or public disposal area within
twelve(12)days after the notice to dispose of vehicle is mailed final disposition mav�- oceed
Exeept as othepwise pfevided herein,the pfevisiefis ef this ehaptef shall be administered and-efffefeed-by
declared to be a nuisan t to this h
19-8132/217836
523
8.48.070 Public Hearing Upon Written RequestRemoval- Gentr` ep clanehis s
A. Upon request by the owner of the vehicle or the owner of the property on which the
vehicle is located received by the City within ten(10)days after the mailing of the notices of intention to
abate and remove a public hearing shall be held by the Director of Community Development 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 and the costs of removal of the
vehicle, or part thereof against the property on which it is located
B. Notice of the hearing shall sent by registered mail at least ten(10)days before the hearing
to the owner of the property on which the vehicle is located and to the owner of the vehicle unless the
vehicle is in such condition that identification numbers are not available to determine ownership If the
City does not receive a request for hearing within ten(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 part thereof as a
public nuisance without holding a public hearing
C. The Director shall conduct all hearings under this Chapter. The Director shall hear all
relevant facts and testimony. The owner of the property, and/or the vehicle owner may present testimony
on the condition of the vehicle or part thereof and the circumstances concerning its location on the
property. The Director shall not be limited by the technical rules of evidence The landowner and/or the
vehicle owner 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/her reasons for such denial
When the Q�y Getifteil has eentraeted with of graf4ed a franehise to aiiy person or perseris, sueh person
or pefsens shall be authorized to enter upon privale preperty or-publie propert-Y,to remove or eause th-e
$ 48 080 General Power of Community Development Director; Notice of Decision
AdmonistFative Costs
A. The Community Development Director may impose such conditions and take such other
action as he or she deems appropriate under the circumstances to carry out the purposes of this Chapter.
The Director may delay the time for removal of the vehicle if the circumstances justify a delay t the
conclusion of the public he the Director may find that a vehicle or part thereof has been
abandoned wrecked dismantled or is inoperative on private or public property and order the removal
and disposal of the vehicle as a public nuisance,and determine the administrative costs and the cost of
removal to be charged against the responsible person 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
B. If it is determined at the hearing that the vehicle or part thereof was placed without the
consent of the owner of the property on which the vehicle is located and that the property owner has not
subsequently acquiesced to the vehicle's presence_the Director shall not assess the costs of administration
or removal of the vehicle or part thereof, against the property upon which the vehicle or part thereof is
located or otherwise attempt to collect such costs from the owner of the property on which the vehicle is
located.
C. 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/her land but does not appear or if
19-8132/217836
524
an interested party makes a written Presentation to the Director but does not appear,he/she shall be
notified in writing of the decision
The Director's decision shall be final and shall specify that any action to review its decision shall be
commenced no later than within 90 days following issuance of the decision as forth in the California
Code of Civil Procedure Sections 1094.5 and 1094.6.
The Gity Getineil shall ffem time te time determine and fix an amount te be assessed as adfliiiiistfativ
eests(exelu ing the aetual eests of r-emoval of an),vehiele E)r-part thereof) tinder-this ehaptef.
8 48 090 Disposal Abateme t—
A. Seven(7)days after adoption of the order declaring the vehicle or part thereof to be a
public nuisance,or seven(7)days from the date of mailing of notice of the decision if such notice is
required by this Chapter-the vehicle, or part thereof may be disposed of by removal to a scrap yard or
automobile dismantler's yard After a vehicle has been removed it shall not be reconstructed or made
operable, unless it is a vehicle that qualifies for either horseless carriage license plates or historical
vehicle license plates pursuant to Vehicle Code section 5004 in which case the vehicle may be
reconstructed or made operable
B. The Director may contract with a private person or persons to enter upon private
property or public property to remove or cause the removal of a vehicle or part thereof declared a
nuisance pursuant to this Chapter. The City may recover its costs for the private party as Provided for
under this Chapter.
A piiblie hear-iiig shall be held on the question of abatement and femoval ef the vehiele or pai4 thereef as
hearing shall be mailed at least 10 days befer-e the hearing by eertified mail, with a five Elay r-etuffl
r-equested to the owner-of the lafid as shown en the last equalized assessment foll and to the last fegister-ed
available to detefmine ownership. if any of the fer-egeing fietioes are fetuffled wideliver-ed by the United
States Pest Offiee,the heafiiig shall be eentintied to a date not less than 10 days ffem the date ef sueb
fetufo.
8.48.
100 once of Remaval to Department of fwotar tlehic{es
patFol
Within five(5)days after the removal of the vehicle or part thereof the Director shall provide notice to
the DMV identifying the vehicle removed,or the parts thereof. The director shall also transmit to the
DMV any evidence of registration available including but not limited to the registration card certificates
of ownership and license plates
Notiee of hearing shall alse be giveR to the Califemia Highway Patrel identifying the vehiele or-pa
thereof pfeposed for-remei,al, sueh notiee to be mailed at least 10 days pr-ier-te the publie heafin-t.
19-8132/217836
525
8.48.110 Cost of Removal Assessed Hearin,. Caetn and :Fes.;...
If the administrative costs d the cost of removal which are charged against the owner of the property on
which the vehicle is located or any other known responsible person pursuant to this Chanter are not paid
within thirty Q0)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 city taxes.
All heafings undef this ehapter-shall be held befere the Gity Geuneil whieh shall hear-all faets and
propefty. The City Couneil shall not be limited by the teehaieal rules of evidenee. The owner of�he land
8.48.120 Attorneys Fees Abatement GouncD1 Aetie
The Director may elect to recover the costs of attorney fees associated with the costs of abatement by so
notifying the property owner and the vehicle owner as part of the notification provided at Section
8.48.050. Pursuant to Government Code Section 38773.5.the notice shall state that the prevailin_ patty
in any administrative and/or court proceedings shall recover its attorneys' fees provided that any award
of attorneys' fees shall not exceed the amount of reasonable attorneys' fees incuiTed by the City in the
action or proceeding
site.The City Ceidneil may impose sueh eondifiens and take sueh other-aetion as it deems apprepr4ate unde
City Couneil may find that a vehiele er paFt thereof has been abandetied,wreeked,dismantled er-is
nuisanee and disposed of as hefeinaftef provided and de4efmine the adffiinistfative eests mid the east e
feffieval te be ehafged against the ewiier-of the pafeel of!and an N"ieh the vehiele ei-part thereof is
19-8132/217836
526
CITY OF HUNTINGTON BEACH Fm„,a9
MUNICIPAL CODE8.48
INOPERABLE AND ABANDONED VEHICLES
COMMUNITY DEVELOPMENT DEPARTMENT
CODE ENFORCEMENT DIVISION
NOVEMBER 18, 2019
SUPPLEMENTAL
COMMUNICATION
Meeft Date:
Topics for Discussiorgem
tbm Ido.• Z / I ' /03f�
1. Code Enforcement's role in the community
2. Importance of Abatement of Inoperable and Abandoned
Vehicle
3. California Vehicle Code (CVC) 22660
4. Huntington Beach Municipal Code
5. Enforcement Procedure
6. Recommendation
CODE ENFORCEMENT'S ROLE IN THE COMMUNITY
1. Every community faces challenges with unmaintained buildings,
trash, tall grass and weeds, graffiti, inoperable and abandoned
vehicles.
2. Communities that have areas of blight and deteriorated properties
may eventually see an increase in the amount of crime and a
significant decrease in property values.
3. Code Enforcement officers provide the first line of action in making
sure that these issues are managed in a responsible and effective
way.
4. Safety is another one of the primary ways that code enforcement
officers positively impact communities.
IMPORTANCE OF ABATEMENT OF INOPERABLE
AND ABANDONED VEHICLE
-FIRE HAZARD
n
-ENVIRONMENTAL HAZARD(OIL OR FUEL SPILL)
-PUBLIC NUISANCE
-BROKEN WINDOW THEORY
-CHRONIC OUTDOOR STORAGE }.
-ILLEGAL AUTO REPAIR
-ILLEGAL DUMPING I f
-REDUCES PROPERTY VALUE
REPORTED PROPERTIES WITH ABANDONED &
INOPERABLE TO CODE ENFORCEMENT
100
90
80
70
60
s0
40
30
20
10
0
2016 2017 2018
Annual Average 80 Properties
CALIFORNIA VEHICLE CODE
CVC 22660
VEHICLE CODE-VEH
DIVISION 11.RULES OF THE ROAD[21000-233361
(Division 11 enacted by Stats.1959,Ch.3.J
CHAPTER 10.Removal of Parked and Abandoned Vehicles[22650-228561
(Chapter 10 enacted by Stats.1959,Ch.3.J
ARTICLE 1.Authority to Remove Vehicles[22650-22711]
(Article 1 enacted by Stats. 1959,Ch.3.)
22660. Notwithstanding any other provision of law,a city,county,or city and county may adopt an
ordinance establishing procedures for the abatement and removal,as public nuisances,of abandoned,
wrecked,dismantled,or inoperative vehicles or parts thereof from private or public property,and for
the recovery,pursuant to Section 25845 or 38773.5 of the Government Code,or assumption by the
local authority,of costs of administration and the removal.(Amended by Stats. 1988,Ch.126,Sec.1.)
California Legislative Information
Huntington Beach Municipal Code
8.48.180 — Inoperable Vehicle
"It is unlawful and an infraction 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 property
or public property not including highways within the City for a period in excess of 10 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 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. (1393-3/68, 1935-11/74)"
ADDED DEFINITIONS TO HBMC 8 .48.020
"Vehicle" means a device, or substantial part of a device by which any person or property may be propelled,
moved or drawn upon a street, except a device moved by human power or used exclusively upon stationary
rails or tracks. Vehicle includes trailers designed for carrying persons or property on its own structure and for
being drawn by a motor vehicle and so constructed that no part of its weight rests upon any other vehicle.
The term Vehicle includes any Abandoned, Dismantled, Inoperable, Wrecked or Part of a Vehicle.
"Inoperable vehicle" means any vehicle that is in a condition that renders it unsafe for operation upon a
street, or in which operation upon a street would violate the Vehicle Code or any other law or regulation
related to the operation of vehicles upon a street in the City of Huntington Beach or State of California.
"Abandoned vehicle" means a vehicle abandoned on a street, public property or private property in such
inoperable or neglected condition that the Director had determined that it is the owner's intent to relinquish
all further rights or interest in the vehicle. In reaching this conclusion, the Director should consider the
amount of time the vehicle has not been moved, its condition, and the statements from the owner and any
witnesses.
DEFINITIONS CONTINUED...
"Wrecked vehicle" means any vehicle, or a substantial part of a vehicle that is damaged to such an extent that
it cannot be operated upon a street. A vehicle which has been wrecked in a traffic accident, and which has
been removed from the roadway to a storage facility, but which has not been claimed by its owner, is not an
abandoned vehicle.
"Dismantled vehicle" means any vehicle that is partially or wholly disassembled.
"Part" includes, but is not limited to, any item, device, component,frame, bumper, wheel or glass associated
with a vehicle.
INOPERABLE AND ABANDONED VEHICLES
a
r.
INOPERABLE AND ABANDONED VEHICLES
FROM A HOARDING INVESTIGATION
ti
k'+
i- t
INOPERABLE AND ABANDONED VEHICLES FROM
SINGLE FAMILY HOME OR MULTI-FAMILY DWELLING
AWL
- v
_ mmu
1V2016
..i
ov."It:
INOPERABLE OR ABANDONED VEHICLES
06/90/1D16
ENFORCEMENT PROCEDURE
•Reactive or Proactive;Take Action on a Confirmed Inoperable/Abandoned Code Violation
•Officers Will Contact Property Owner/Occupant At Subject Property
•Officers Will Obtain Registered Owner's Information from Latest DMV Record
•Abatement Notices Issued to Property Owner and Registered Owner of Vehicle for a Ten(10)Day Compliance
•Copy of Notice will be posted on Vehicle and at Subject Property
•Abatement Notices Will Provide 10 Days to Comply or Request A Hearing
•Appearance at Hearing or Sworn Written Statement
•Different Resources Are Provided to the Property Owner/Vehicle Owner for Voluntary Compliance
•Time Extension May Be Warranted Depending On Underlining Circumstances
:-Veh:,cle Is Removed from Property Through Voluntary Compliance or City Abatement Efforts
RECOMMENDATION
Adopt Ordinance 4201 Amending Chapter 8.48 of the
Huntington Beach Municipal Code relating to public
nuisance abatement of abandoned, wrecked, dismantled,
or inoperative vehicles.
:T
Thank You
and
Questions
lip1
i