How Do I Claim That a Vehicle on Private Property in California Has Been Abandoned?
Full Question:
Answer:
We suggest you contact the local police department or city hall, as ordinances governing abandoned property vary by local area. Typically, written notice to the owner to claim the property by a certain date, at least 10 days from the notice, is required.
Please see the following CA statutes:
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.
22661. Any ordinance establishing procedures for the removal of
abandoned vehicles shall contain all of the following provisions:
(a) The requirement that notice be given to the Department of
Motor Vehicles within five days after the date of removal,
identifying the vehicle or part thereof and any evidence of
registration available, including, but not limited to, the
registration card, certificates of ownership, or license plates.
(b) Making the ordinance inapplicable to (1) a vehicle or part
thereof that 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 part thereof that 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. This exception shall not, however, authorize the
maintenance of a public or private nuisance as defined under
provisions of law other than this chapter.
(c) The requirement that not less than a 10-day notice of
intention to abate and remove the vehicle or part thereof as a public
nuisance be issued, unless the property owner and the owner of the
vehicle have signed releases authorizing removal and waiving further
interest in the vehicle or part thereof. However, the notice of
intention is not required for removal of a vehicle or part thereof
that 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) by a person specified in Section 22855, and is
determined by the local agency 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. Prior to final
disposition under Section 22662 of such a low-valued vehicle or part
for which evidence of registration was recovered pursuant to
subdivision (a), the local agency shall provide notice to the
registered and legal owners of intent to dispose of the vehicle or
part, and if the vehicle or part is not claimed and removed within 12
days after the notice is mailed, from a location specified in
Section 22662, final disposition may proceed. No local agency or
contractor thereof shall be liable for damage caused to a vehicle or
part thereof by removal pursuant to this section.
This subdivision applies only to inoperable vehicles located upon
a parcel that is (1) zoned for agricultural use or (2) not improved
with a residential structure containing one or more dwelling units.
(d) The 10-day notice of intention to abate and remove a vehicle
or part thereof, when required by this section, shall contain a
statement of the hearing rights of the owner of the property on which
the vehicle is located and of the owner of the vehicle. The
statement shall include notice to the property owner that he or she
may appear in person at a hearing or may submit a sworn written
statement denying responsibility for the presence of the vehicle on
the land, with his or her reasons for such denial, in lieu of
appearing. The notice of intention to abate 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 owners of record unless the vehicle is in such condition that
identification numbers are not available to determine ownership.
(e) The requirement that a public hearing be held before the
governing body of the city, county, or city and county, or any other
board, commissioner, or official of the city, county, or city and
county as designated by the governing body, upon request for such a
hearing by the owner of the vehicle or the owner of the land on which
the vehicle is located. This request shall be made to the
appropriate public body, agency, or officer within 10 days after the
mailing of notice of intention to abate and remove the vehicle or at
the time of signing a release pursuant to subdivision (c). If the
owner of the land on which the vehicle is located submits a sworn
written statement denying responsibility for the presence of the
vehicle on his or her land within that time period, this statement
shall be construed as a request for hearing that does not require the
presence of the owner submitting the request. If the request is not
received within that period, the appropriate public body, agency, or
officer shall have the authority to remove the vehicle.
(f) The requirement that 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 Section 5004, in which
case the vehicle may be reconstructed or made operable.
(g) A provision authorizing the owner of the land on which the
vehicle is located to appear in person at the hearing or present a
sworn written statement denying responsibility for the presence of
the vehicle on the land, with his or her reasons for the denial. If
it is determined at the hearing that the vehicle was placed on the
land without the consent of the landowner and that he or she has not
subsequently acquiesced to its presence, then the local authority
shall not assess costs of administration or removal of the vehicle
against the property upon which the vehicle is located or otherwise
attempt to collect those costs from the owner.
