(a) Upon receipt of information regarding any vehicle which may constitute a public nuisance within the meaning of this chapter, the Department of Transportation shall have the authority to investigate the circumstances of the case and if, in the opinion of the General Manager of the Department of Transportation, or his or her authorized representative, the presence of the vehicle at the particular site does constitute such a public nuisance, the Department of Transportation shall accomplish the following:
(1) It shall send written notice, by certified mail, to the owner, as shown on the last Equalized Assessment Roll, of the land upon which the vehicle is located, and to the registered and legal owners of the vehicle, if such can be ascertained, notifying said persons that the presence of the vehicle constitutes a public nuisance and ordering that the vehicle be removed from the site within ten calendar days after the date of mailing such notice. The notice shall also inform said persons of the City’s intention to remove the vehicle if it is not otherwise removed within the aforementioned ten day period.
(2) The notice given shall also include a statement of the hearing rights of the owner of the property on which the vehicle is located and the owner of the vehicle; said statement shall include notification that the property owner may appear in person at a hearing and, in addition to such appearance, or in lieu thereof, may submit a sworn written statement denying responsibility for the presence of the vehicle on that owner’s property and include therewith that owner’s reasons for such denial. The notification shall further specify that the filing of a sworn statement by a property owner shall be deemed to be in lieu of an appearance unless a request for hearing is also filed as hereinbelow provided.
(3) If, within ten calendar days after the mailing of the notice required by this section, the owner of the vehicle or owner of the land on which the vehicle is located submits a request therefor, the Department of Transportation shall thereafter conduct a public hearing. Failure to timely submit such a request shall constitute a waiver of a request for hearing for said person.
(b) When a public hearing has been requested by the owner of the land on which such vehicle is located or by the owner of the vehicle within ten calendar days after the mailing of the notice to abate the nuisance and remove the vehicle, a hearing shall be held to determine whether the presence of the vehicle in question is a public nuisance. The owner of the land and the owner of the vehicle shall be notified by certified mail at least ten calendar days before the hearing of the time and place of the hearing. At such hearing:
(1) The Department of Transportation shall receive all evidence offered. Said evidence may include but need not be limited to testimony relating to the circumstances under which the vehicle arrived at the particular location.
(2) The owner of the land on which the vehicle is located may appear in person whether or not that owner has presented a sworn written statement denying responsibility for the presence of the vehicle on the land with the owner’s reasons for such denial.
If it is determined by the Department of Transportation that the presence of the vehicle constitutes a public nuisance within the meaning of this chapter, the Department may, in its discretion, fix the time for removal or impose such conditions thereon as it deems appropriate under the circumstances.
(c) The Department of Transportation may arrange for the removal of a vehicle to a scrap yard or automobile dismantler’s yard under any of the following circumstances:
(1) If, after ten days have elapsed following the submission of the notice required by Subsection (a) of this section, the vehicle still remains at the site and no request for hearing has been received by the Department of Transportation.
(2) When the property owner and the owner of the vehicle have signed releases authorizing the removal and waiving further interest in the vehicle or part thereof.
(3) If the vehicle still remains at the site after any extension of time granted as a result of a hearing conducted pursuant to Subsection (b) of this section.
(d) When the Department of Transportation arranges for the removal of a vehicle to a scrap yard or automobile dismantler, it shall utilize the services of the official police garage towing service of the area in which the vehicle is located. Such towing service shall be at no cost to the Department of Transportation.
The towing service utilized shall remove said vehicle within 48 hours after notification from the Vehicle Nuisance Section of the Department of Transportation and shall dispose of the vehicle at a licensed scrap yard or automobile dismantler. Any fees collected by the towing service from the scrap yard or automobile dismantler shall be accepted as its total compensation.
(e) A vehicle removed pursuant to the above procedure shall not be reconstructed or otherwise made operable unless it is a vehicle which qualifies for either horseless carriage license plates or historical vehicle license plates.
EXCEPTION: If a determination is made by the Department of Transportation that a towed vehicle is reclaimable, the Department shall utilize the official police towing agency to impound the vehicle for a period not to exceed five (5) working days prior to wrecking or dismantling. During this five (5) day discretionary impound period, the registered or legal owner may reclaim the vehicle or vehicles according to the procedures set forth below.
In order to make the determination that a vehicle is reclaimable, the Department shall find:
1. The vehicle is not a stripped hulk, nor is it burned out, nor wrecked beyond reasonable repair; and
2. The vehicle is basically complete and readily and easily repairable; and
3. The vehicle is not the subject of a hearing granted at the request of the owner based on a hearing examiner’s order to remove the vehicle.
Prior to reclaiming a vehicle from the towing service, the owner shall:
1) Show proof of ownership and pay a reclaiming fee of two hundred seventy five ($275.00) dollars to the Department of Transportation for each vehicle.
2) Submit proof of reclaiming fee payment and ownership to the towing service; and
3) Pay all towing and storage charges imposed on the vehicle by the towing service.
Upon notification by the Department to remove and hold a vehicle in compliance with this exception, the towing service shall hold the vehicle(s) at no cost to the City of Los Angeles.
A vehicle reclaimed by the owner shall be legally stored or made operable and not returned to the illegal site or conditions from which it was removed. If the same vehicle is cited for a violation of the same Los Angeles Zoning Code or California Vehicle Code Section a second time within six (6) months and removed by the Department of Transportation, it may not be reclaimed pursuant to this Exception.
If a vehicle is not reclaimed with the five (5) days allowed, the towing service may dispose of the vehicle in the normal manner as permitted by this Code.
SECTION HISTORY
Based on Ord. No. 138,349.
Added by Ord. No. 138,821, Eff. 8-10-69.
Amended by: Ord. No. 153,579, Eff. 5-10-80; EXCEPTION added to (e), Ord. No. 163,516, Eff. 5-27-88; Subsec. (f) added, Ord. No. 171,790, Eff. 12-19-97; Ord. No. 174,046, Eff. 8-5-01.