ORD 176ORDINANCE NO. 176
AN ORDINANCE OF THE CITY OF LA QUINTA,
CALIFORNIA AMENDING CHAPTER 11.80, ABANDONED
VEHICLES, OF THE LA QUINTA MUNICIPAL CODE.
WHEREAS, the California Vehicle Code authorizes local
governments to 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;
WHEREAS, the presence of abandoned, wrecked, dismantled or
otherwise inoperative vehicles, or parts thereof on public or
private property is hereby declared to constitute a public
nuisance, which may be abated in accordance with the provisions
of this chapter; and
WHEREAS, the City Council finds that the abatement and
removal of abandoned, wrecked, dismantled or otherwise
inoperative vehicles or parts thereof and the regulation of
vehicles is necessary to preserve the health, safety, and
welfare of the community.
NOW, THEREFORE, the City Council of the City of La Quinta,
California, does hereby ordain as follows:
Section 1. That Chapter 11.80, ABANDONED VEHICLES, be
amended in its entirety to read as follows:
11.80.010. Definitions. As used in this chapter the
following terms shall have the meanings indicated:
A. Abandoned Vehicle. "Abandoned Vehicle" means a
Vehicle that is wrecked, dismantled or otherwise inoperative
which is parked, stored, or left standing in public view upon
private or public property for more than ten (10) consecutive
days. A presumption of abandonment shall arise when a Vehicle
is located in a residential zone in an area not specifically
designed for vehicular parking. Areas not specifically
designed for vehicular parking in residential zones shall
include, but are not limited to front and side yards and
unpaved areas.
Ordinance No. 176
B. Camping trailer. "Camping trailer" means a vehicular
portable unit mounted on wheels and constructed with
collapsible partial sidewalls which fold for towing by another
Vehicle and unfold at the campsite and designed for human
habitation for recreational or emergency occupancy.
C. Highway. "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.
D. Motor home. "Motor home" means a vehicular unit built
on, or permanently attached to a self-propelled Motor Vehicle
chassis, chassis cab or van, which becomes an integral part of
the completed Vehicle, designed for human habitation for
recreational or emergency occupancy.
E. Motor Vehicle. "Motor Vehicle" means a Vehicle which
is self-propelled.
F. Motorcycle. "Motorcycle" means any Motor Vehicle
other than a tractor having a seat or saddle for use of the
rider and designed to travel on not more than three wheels in
contact with the ground and weighing less than one thousand
five hundred pounds, except that four wheels may be in contact
with the ground when two of the wheels are a functional part of
a sidecar.
G. Motor -driven cycle. "Motor -driven cycle" means any -�
Motorcycle, including a motor scooter, with a motor which
produces less than 15 gross brake horsepower, and every bicycle
with a motor attached, but does not include a Motorized bicycle.
H. Motorized bicycle or moped. "Motorized bicycle" or
"moped" means any two -wheeled or three -wheeled device having
fully operative pedals for propulsion by human power, or have
no pedals if powered solely by electrical energy, and an
automatic transmission and a motor which produces less than 2
gross brake horsepower and is capable of propelling the device
at a maximum speed of not more than 30 miles per hour on level
ground.
I. Off -highway motor vehicle. "Off -highway motor
vehicle" means a Motor Vehicle operated off the Highways
including but not limited to:
(1) Any Motorcycle or Motor -driven cycle;
(2) Any snowmobile or other device designed to travel
over snow or ice;
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Ordinance No. 176
(3) Any Motor Vehicle commonly referred to as a
sandbuggy, dune buggy, or all -terrain vehicle; and
(4) Any Motor Vehicle commonly referred to as a jeep.
J. 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.
K. Owner of the Vehicle. "Owner of the Vehicle" means
the last Registered Owner or legal owner of the Vehicle.
L. Park trailer. "Park trailer" means a trailer coach,
designed for human habitation for recreational or seasonal use
only, which meets all of the following criteria:
(1) It contains 400 square feet or less of gross
floor area measured at the maximum horizontal projections.
However, it may not exceed 12 feet in width or 40 feet in
length in the traveling mode;
(2) It is built on a single chassis;
(3) It may only be transported upon the public
Highways with a permit; and
(4) It is constructed in accordance with the Standard
No. A119.5 of the American National Standards Institute, as it
may be amended.
M. Public view. "Public view" means visibility from the
street or from other public or private property.
N. Recreational vehicle. "Recreational vehicle" means a
Motor home, Slide -in camper, Travel trailer, truck camper, Park
trailer, or Camping trailer, with or without motive power,
designed for human habitation for recreational or emergency
occupancy.
0. Registered Owner. "Registered Owner" means a person
registered by the Department of Motor Vehicles as the Owner of
the Vehicle.
P. Slide -in camper. "Slide -in camper" means a portable
unit, consisting of a roof, floor, and sides, designed to be
loaded onto and unloaded from a truck, and designed for human
habitation for recreational or emergency occupancy. A
"slide -in camper" means a truck camper.
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Ordinance No. 176
Q. Travel coach. "Travel coach" means a Vehicle, other
than a Motor Vehicle, designed for human habitation or human
occupancy for industrial, professional, or commercial purposes,
for carrying property on its own structure, and for being drawn
by a Motor Vehicle.
R. Travel trailer. "Travel trailer" means a portable
unit, mounted on wheels, of such a size and weight as not to
require special Highway movement permits when drawn by a Motor
Vehicle and for human habitation for recreational or emergency
occupancy.
S. Vehicle. "Vehicle" means a device by which any person
or property may be propelled, moved or drawn upon any Highway,
including a Recreational vehicle, excepting a device moved
exclusively by human power or used exclusively upon stationery
rails or tracks.
11.80.020. Prohibition. It shall be unlawful and a
public nuisance for a person to park, store or leave standing
an Abandoned Vehicle or parts thereof upon any public or
private property within the City of La Quinta.
11.80.030. Exceptions. Section 11.80.020 shall not
apply to:
A. A Vehicle or part thereof which is completely enclosed
within a building in a lawful manner where it is not in the
public view.
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 a
junkyard.
Nothing in the La Quinta Municipal Code shall authorize the
maintenance of a public or private nuisance as defined under
provisions of law other than this chapter.
11,80.040. Inspections. The City Manager or his
authorized representative are authorized to enter upon private
property to examine a Vehicle or part thereof, obtain
information as to the identity of the Vehicle or part thereof,
and to take such actions necessary for the abatement and
removal of a Vehicle or part thereof declared to be a public
nuisance pursuant to this ordinance.
11.80.050. Abatement and Removal.
A. Notice of Intention to Abate. Upon determination that
a Vehicle or parts thereof constitutes a public nuisance, a ten
(10) day Notice of Intention To Abate and remove the Vehicle or
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ordinance No. 176
parts thereof as a public nuisance shall be sent by certified
or registered mail to the Owner of the Land and the Owner of
the Vehicle unless the Vehicle cannot be identified to
determine ownership.
1. A Notice of Intention To Abate shall not be
required: (a) when the Owner of the Land and Owner of the
Vehicle have signed releases authorizing removal and waiving
further interest in the Vehicle or part thereof, or (b) when
the Vehicle or part thereof is inoperable due to the absence of
a motor, transmission, or wheels and incapable of being towed,
is valued at less than two hundred dollars ($200) ("low -valued
vehicle") by an appraiser specified in Vehicle Code § 22855 as
it may be amended, and is determined to be a public nuisance
presenting an immediate threat to public health or safety,
provided that the property owner has -signed a release
authorizing removal and waiving further interest in the Vehicle
or part thereof.
2. Prior to final disposition of such a low -valued
Vehicle or part as provided in Section 11.80.050F., for which
evidence of registration was recovered, notice shall be
provided to the registered and legal owners of intent to
dispose of the Vehicle or part. If,t.he Vehicle or part is not
claimed and removed within twelve (12) days after the notice is
mailed from a location specified in Section 11.80.050F. final
disposition may proceed. This exception shall only apply to
inoperable Vehicles located upon a parcel (1) zoned for
agricultural use or (2) not improved with a residential
structure containing one or more dwelling units.
3. Motor Vehicles which are parked, resting,
immobilized, or otherwise abandoned on any highway or public
right-of-way and which lack an engine, transmission, wheels,
tires, doors, windshield, or any other part or equipment
necessary to operate safely on the highways of this state may
be removed immediately upon discovery by the City Manager or
his authorized representative.
C. Request for Public Hearing. A public hearing shall be
held upon written request of the Owner of the Vehicle or the
Owner of the Land. This request shall be made to the City
Clerk within ten (10) days of mailing the Notice of Intention
To Abate, or at the time of signing a release. If the Owner of
the Land submits a sworn written statement within the ten (10)
day period denying responsibility for the presence of the
Vehicle on his land such statement shall be deemed a request
for public hearing which does not require his presence.
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Ordinance No. 176
1. At least ten (10) days prior to the hearing,
,notice of the time, date and location of the hearing shall be
mailed to the Owner of the Land and the Owner of the Vehicle,
unless identification of the Vehicle is unavailable to
determine ownership.
2. The public hearing shall be conducted by the City
Manager or his authorized representative(s).
3. Upon request for public hearing, the City Manager
or his authorized representative shall hear all testimony
relevent to determine: (a) whether the Vehicle or parts
thereof are abandoned, wrecked, dismantled or otherwise
inoperative and should be abated and removed as a public
nuisance, and (b) whether the costs of abatement shall be
charged against the Owner of the Land pursuant to Section
11.80.060.
4. An order requiring abatement and removal shall be
issued and sent by certified or registered mail to the Owner of
the Land and the Owner of the Vehicle if it is determined that
a public nuisance exists. The order shall identify the Vehicle
or parts thereof including the license number if available.
E. Appeal. Within ten (10) days of mailing an order
requiring abatement and removal, the Owner of the Land and the
Owner of the Vehicle may file a written appeal with the City
Clerk. At a regular meeting not more than thirty (30) days
after the appeal is filed, the City Council shall rule upon the
appeal.
1. If a request for public hearing is not received
within ten (10) days after mailing the Notice of Intention to
Abate, the Vehicle or parts thereof may be disposed of by
removal to a scrapyard or automobile dismantler's yard or other
suitable site operated by a local authority for processing
scrap.
2. If an order requiring abatement is issued the
Vehicle or parts thereof may be disposed of as provided in this
section within eleven (11) days after mailing the order unless
an appeal is filed.
3.
thereof may
immediately
authorizing
If an appeal
be disposed of
following the
removal.
is filed the Vehicle or parts
as provided in this section
decision of the City Council
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Ordinance No. 176
G. Disposition by Contractor. When the City has
contracted for removal services the contractor shall be
authorized to enter private property to remove or cause the
removal of a Vehicle or parts thereof declared a public
nuisance.
H. Reconstruction Following Remoyal. After a Vehicle has
been disposed of by removal it shall not be reconstructed or
made operable unless it is a Vehicle which qualifies for a
horseless carriage license plates or historical Vehicle license
plates pursuant to Vehicle Code § 5004 as it may be amended.
I. Notice to Department of Motor Vehicles. Within five
(5) days after the date of removal notice shall be given to the
Department of Motor Vehicles identifying the Vehicle or parts
thereof and any evidence of registration available including
but not limited to the registration card, certificates of
ownership or license plates.
J. Liability. Neither the City or its officers,
employees or agents nor a contractor hired by the City shall be
liable for damage to a Vehicle or part thereof by removal
pursuant to this chapter.
: � l .P� ._ .
A. Responsibility for Costs. If the City disposes of an
abandoned, wrecked, dismantled or inoperative Vehicle or part
thereof by removal pursuant to Section 11.80.050F. the costs of
abatement may be assessed as a lien against the land where the
Vehicle is located, together with an additional twenty-five
percent (25%) of the costs of abatement for inspection, and any
administrative costs incurred by the City to abate the public
nuisance. However, if it is determined at a public 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 cost of abatement shall not be
assessed against the land nor shall the City otherwise attempt
to collect such costs from the Owner of the Land.
B. Assessment and Collection. Government Code Section
38773.5, as it currently exists and may be amended, provides
that the assessment shall be collected at the same time and in
the same manner as ordinary municipal taxes are collected. if
payment is delinquent the assessment shall be subject to the
same penalties and procedure and sale.as provided for ordinary
municipal taxes.
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Ordinance No. 176
11.80.070. Recreational Vehicles.
A. Parking. No person shall park a Recreational vehicle _
in one location without moving such Vehicle for more than six
consecutive months. Recreational vehicles shall be parked or
stored out of the public right-of-way on a driveway, side or
rear yard.
B. Hook-up. Recreational vehicles shall not be connected
to an electrical or water source for more than four hours per
week.
11.80.080. Vehicular Nuisances. The following shall
constitute a public nuisance requiring abatement pursuant to
Chapter 11.72, Public Nuisances, of the La Quinta Municipal
Code:
A. Any Vehicle which becomes unsightly and detracts from
the appearance of the neighborhood due to such factors as rust,
corrosion, or faded, chipped or peeled paint.
B. Any vehicle which is painted or designed in such a
manner as to distract drivers from the safe operation of their
Vehicles.
C. Sanding or painting a Vehicle in a residential zone.
D. Failure to obscure Vehicles, equipment, and machinery
from Public view in a residential zone. If the parcel does not
allow for storage from Public view, a paved area next to the
driveway and closest to the property line shall be used for
storage.
E. Parking a Vehicle in a space not designated for
parking by the applicable zoning ordinance, unless the Vehicle
is parked for emergency service which shall not exceed four (4)
hours.
A. No person shall drive, move, or leave standing upon a
Highway or in an offstreet public parking facility any Motor
Vehicle without registering the Motor Vehicle with the
Department of Motor Vehicles or paying registration fees, as
provided in Section 4000 of the California Vehicle Code, as it
may be amended. For purposes of this section "offstreet public
parking facility" means (1) any publicly owned parking
facility; and (2) any privately owned parking facility where no
fee is charged for the privilege to park and which is held open
for the common public use of retail customers.
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Ordinance No. 176
B. Vehicles located on private property which are in
public view that are not registered with the Department of
Motor Vehicles will be deemed as being stored.
Section I. A person violating any provision of this
chapter shall be guilty of an infraction pursuant to Section
1.01.200 of the La Quinta Municipal Code; provided that any
violation which creates an immediate threat to public health
and safety shall constitute a misdemeanor. The third violation
of this chapter and each violation thereafter shall constitute
a misdemeanor requiring an appearance in municipal court.
Section I. The City Clerk shall certify to the passage
and adoption of this ordinance and shall cause it to be posted
or published in a manner required by-law.
PASSED, APPROVED, AND ADOPTED by the City Council of the
City of La Quinta, California, on this 31st day of
July , 1990, by the following vote, to wit:
AYES: Councilmen Bohnenberger, Rushworth, Sniff & Mayor Pena
NOES: None
ABSENT: Councilwoman Boswortr
ABSTAIN: None
City of La Quinta, California
ATT
AUNDRA JUHOLA, C' y Clerk
City of La Quinta, California
APPROVED AS TO FORM:
DAWN HONEYWELL, City Attorney
City of La Quinta, California
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STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF LA QUINTA )
I, SAUNDRA L. JUHOLA, City Clerk of the City of La Quinta,
California, do hereby certify the foregoing to be a full, true and
correct copy of Ordinance No. 176 which was introduced on the 3rd
day of July, 1990 and was adopted at a regular meeting held on the
31st day of July, 1990 not being less than 5 days after date of
introduction thereof. -
I further certify that the foregoing
(3A places within the City. of La
r s lution of the City Council.
SAUNDRA
L.
JU b,
City Clerk
City of
La
Quinta,
California
ordinance was posted in three
Quinta as specified in a
DECLARATION OF POSTING
I, SAUNDRA L. JUHOLA, City Clerk of the City of La Quinta,
Cal' ornia, do hereby certify that the foregoing ordinance was
pos d pursuant to City Council Resolution on September 11, 1990.
SAUNDRA L. J A, City Clerk
City of La Quinta, California