This Chapter is intended to limit the number and extent of legally established, nonconforming buildings, uses and lots by regulating the enlargement, reestablishment after abandonment, alteration, restoration after destruction, or relocation in a manner that would increase the degree of nonconformity.

(Ord. No. 313, § 4(Exh. A), 12-12-2023)

The regulations in this Chapter shall apply to all existing, legally established, nonconforming buildings, uses and lots, i.e., buildings or uses that were legally established but that do not comply with current codes because of code changes that have occurred.

(Ord. No. 313, § 4(Exh. A), 12-12-2023)

A.

Nothing contained in this Section shall be construed or implied so as to allow for the continuation of an illegal nonconforming structure and/or use.

B.

Nothing contained in this Section shall be construed or implied to relieve a property owner from his/her responsibility to conform to the requirements of the Americans with Disabilities Act; but further nothing in this Section shall identify a structure or use as a nonconforming structure or use solely for the failure to conform to the requirements of the act.

C.

Any alteration required by governmental or court action shall be exempt from these requirements.

(Ord. No. 313, § 4(Exh. A), 12-12-2023)

A.

Any legally established, nonconforming building may be continued and maintained, provided there are no structural or use alterations, except as otherwise allowed by this Code.

B.

Notwithstanding the provisions regarding Conditional Use Permit or Variance, the Director 1 may allow the construction of an additional modification to a legally existing structure within a current yard setback area, as established by an applicable residential land use district, when such legally existing building is within the yard setback area, and provided such additional modification does not exceed the projection of the existing structure into such current yard setback area and does not come closer than 3 feet to any property line.

C.

A legally established nonconforming structure that has historic significance to the City as established under the provisions of this Code may be reused for its original intended use regardless of the land use designation of the property wherein it lies if a Historic Resource Evaluation Report has been prepared that confirms the historic significance of the structure, subject to the Planning Commission's acceptance of the report and determination that the reuse is compatible with surrounding land uses.

(Ord. No. 313, § 4(Exh. A), 12-12-2023)

A.

Any nonconforming use may be continued, provided that the use shall not be increased, enlarged, extended or altered, except as otherwise allowed by this Code.

B.

Any part of a building or land occupied by a legally established, nonconforming use which is changed to or replaced by a use conforming to the provisions of this Development Code as they apply to the particular land use district shall thereafter be used or occupied only by a conforming use.

C.

Any land use that is not listed as a permitted use in the current Land Use Tables for the underlying land use district, and which use shall cease for a period of 12 consecutive months or more, shall thereafter be used or occupied only by a use listed as a permitted use in the current Land Use Tables of the underlying land use district. This period of time may be extended by the Planning Commission by up to two additional 12-month increments upon review and approval of a no fee review, wherein it is demonstrated to the satisfaction of the Planning Commission that the failure to reestablish the same or similar legally established nonconforming use or reoccupy the legally established nonconforming structure was due to circumstances beyond the control of the property owner and such extension would be in the best interests of the community.

D.

Proof of use or occupancy may include business receipts, rent or lease receipts, utility bills in the name of the legally established nonconforming use, City Business License receipt,, and other materials to be determined by the Planning Commission.

E.

A nonconforming, non-residential use may be altered after review and approval of a Conditional Use Permit with the additional finding that the alteration of the nonconforming use will not result in a floor area expansion of more than 25 percent and that such enlargement or intensification will not adversely affect surrounding properties or uses.

F.

Restrictions and conditions affecting a nonconforming use shall apply to the existing use, land and structures and shall not be affected by ownership changes.

G.

The requirement for a Conditional Use Permit shall not apply to nonconforming residential uses, provided the following are also met:

1.

The uses are being expanded or modified by no more than 1,000 square feet or 25 percent, whichever is less, of the floor space or ground area existing at the time such use became a nonconforming use, and

2.

The expansion or modification meets all other Code requirements.

H.

The requirement for a Conditional Use Permit shall not apply to any nonconforming use or structure which is being expanded, altered or modified to approximate or exceed the standards of this Development Code with which it does not currently conform.

(Ord. No. 313, § 4(Exh. A), 12-12-2023)

A.

Any lawfully created lot which becomes nonconforming with regard to lot area, street frontage, lot width, lot depth or accessibility may continue indefinitely with such nonconformity and may be developed in conformance with the development standards of the underlying zoning district and use as if it were a conforming lot.

B.

Legal nonconforming lots may not be modified in any manner that increases the degree of nonconformity. Where feasible, parcel modifications, through lot merger or lot line adjustment, are encouraged to eliminate or minimize the degree of nonconformity.

(Ord. No. 313, § 4(Exh. A), 12-12-2023)

A.

Whenever a legally established nonconforming building or use, is destroyed by fire or other act or calamity, the building may be restored and the nonconforming use may be resumed, provided that restoration is started within six months and diligently pursued to completion. When the building is voluntarily razed or is required by law to be razed, the building shall not be restored except in full conformity with the regulations for the land use district in which it is located, and the nonconforming use shall not be resumed.

(Ord. No. 313, § 4(Exh. A), 12-12-2023)

The purpose of this Chapter is to establish the process for enforcement of the requirements of this Municipal Code and any conditions of approval for the planning permits and entitlements identified in this Development Code for purposes of protecting the public health, safety and welfare of the City of Twentynine Palms. The procedures established in this Chapter shall supplement and be in addition to any criminal, civil or other remedy established by law or under the provisions of this Code which may be pursued to address any violation addressed in this Chapter. Use of the enforcement procedure set forth in this Chapter shall be at the sole discretion of the City.

For the purpose of this Chapter, the following definitions shall apply:

A.

Enforcement Officer. Any individual employed or otherwise charged by the City to enforce codes, ordinances, mandates, regulations, resolutions, rules or other laws adopted by the City.

B.

Hearing Officer. Any individual appointed or contracted by the City Council to preside over a hearing for appeal of an administrative citation.

C.

Issued. Giving, mailing or posting a notice of administrative citation to a responsible person. A notice of administrative citation is deemed "issued" on the date when the notice is personally served on the responsible person, the date of mailing or the date of posting on a property.

D.

Responsible Person. Any person, the parent or legal guardian of any person under the age of 18 years, any corporation, association, organization, estate, group, combination acting as a group, or any officer, agent, employee or servant of any of the foregoing, that causes or maintains a violation(s) of the Twentynine Palms Municipal Code, any code adopted by the City Council applicable state laws or condition imposed by entitlement, permit, agreement or environmental document issued or approved under the provisions of this Code or any adopted code.

A.

Any person or entity violating any provision of the Twentynine Palms Municipal Code or applicable state law may be issued an administrative citation by an enforcement officer as provided in this Chapter. A violation of this code includes but is not limited to all violations of the Municipal Code or other codes adopted by the City Council, or failure to comply with any conditions imposed by any entitlement, permit, agreement or environmental document issued or approved under the provisions of this Code or any adopted code.

B.

Each and every day that a violation of the Municipal Code or applicable state law exists constitutes a separate and distinct offense and shall be subject to citation.

C.

A civil fine shall be assessed by means of an administrative citation issued by an enforcement officer and shall be payable as instructed on the administrative citation.

D.

Fines shall be assessed in the amount specified by ordinance of the City Council, and shall not exceed all the following:

1.

A fine not exceeding $100.00 per violation for the first violation.

2.

A fine not exceeding $200.00 per violation for a second violation of the same ordinance or permit within one year from the date of the first violation.

3.

A fine not exceeding $500.00 per violation for each additional violation of the same ordinance or permit within one year from the date of the first violation.

A.

An administrative citation may be issued by an enforcement officer to the responsible person for violation(s) of the Municipal Code, any code adopted by the City Council or any applicable state law in any of the following manners:

1.

Personal Service.

a.

The enforcement officer shall attempt to locate and serve the responsible person and obtain the signature of the responsible person on the administrative citation.

b.

If the responsible person served fails or refuses to sign the administrative citation, the failure or refusal to sign shall not affect the validity of the administrative citation or of subsequent proceedings.

2.

Service of Citation by Mail.

a.

The administrative citation shall be mailed to the responsible person by certified mail, postage prepaid with return receipt requested.

b.

Simultaneously, the citation may be sent by first class mail. Service shall be deemed complete at the time the citation is deposited in the mail if addressed to the responsible person's last known address.

3.

Service of Citation by Posting Notice. If the enforcement officer does not succeed in serving the responsible person personally or by mail, and the City has knowledge that the responsible person has a legal interest in real property located in the City, the enforcement officer shall post the administrative citation on said real property and such posting shall be deemed effective service.

A.

Each administrative citation shall contain all the following information:

1.

Date and approximate time of the violation(s).

2.

Address or definite description of the location where the violation(s) was observed.

3.

Name and current residential address and mailing address, if known, of person or entity alleged to have committed the violation(s).

4.

The code section(s) and/or the condition(s) violated and a brief description of the violation(s).

5.

The amount of the fine for the violation(s).

6.

An explanation of how the fine shall be paid and the time period by which it shall be paid.

7.

Identification of appeal rights, including the time within which the administrative citation may be contested and how to obtain a request for hearing form to contest the citation.

8.

The name and signature of the enforcement officer and if possible, the signature of the responsible person.

Upon receipt of a citation, the responsible person must pay the specified fine within 15 calendar days from the date the administrative citation is issued. The responsible person shall pay all fines assessed as instructed on the administrative citation. Payment of a fine shall not excuse or discharge the failure to correct the violation(s) nor shall it bar further enforcement action by the City. If the responsible person fails to correct the violation(s) subsequent to the administrative citation, the City may issue further citations for the same violation(s) or the City may choose to utilize another means of enforcement. The amount of the fine for failure to correct the violation(s) for each additional occurrence shall increase at the rate specified by ordinance.

Any recipient of an administrative citation may contest that there was a violation(s) of the Twentynine Palms Municipal Code or that he/she is the responsible person by completing a request for hearing form and returning it to the address stated on the form within 15 calendar days from the issue of the administrative citation, together with an advanced deposit of the full amount of the fine. Any administrative citation fine which has been deposited shall be refunded if it is determined, after a hearing, that the person or entity charged in the administrative citation was not responsible for the violation(s) or that there was no violation(s) as charged in the administrative citation.

A.

The City Council or its designee shall appoint a person or contract an agency to provide a hearing officer who shall preside over the hearing and hear all the facts and testimony presented in accordance with Section 19.144.090 (Hearing Procedure).

B.

The employment, performance, evaluation, compensation and benefits of the hearing officer, if any, shall not be directly or indirectly conditioned on or in any way relate to the results or prior decisions issued by said hearing officer.

C.

Any person designated to serve as a hearing officer is subject to disqualification for bias, prejudice, interest or for any other reason for which a judge may be disqualified pursuant to Code of Civil Procedure Section 170.1. The responsible person may challenge the impartiality of the hearing officer by filing a statement with the City Manager objecting to the hearing officer and setting forth grounds for disqualification. The question of disqualification shall be heard and determined in writing by the City Council or designee within 30 days following the date which the disqualification statement is filed.

A.

No hearing to contest an administrative citation before a hearing officer shall be held unless both a request for hearing has been completed and submitted and the fine for the citation has been deposited in advance.

B.

A hearing before the hearing officer shall be set for a date that is not less than 15 calendar days but no more than 90 calendar days from the date that the request for hearing is filed in accordance with the provisions of this Chapter. The responsible person requesting the hearing shall be notified in writing of the time and place set for the hearing at least 10 calendar days prior to the date of the hearing.

C.

The hearing officer shall only consider evidence that is relevant to whether the violation(s) occurred and whether the recipient of the administrative citation has caused or maintained the violation(s) of the Municipal Code or other applicable state law on the date(s) specified on the administrative citation.

D.

The administrative citation and any additional documents submitted by an enforcement officer shall constitute prima facie evidence of the facts contained in those documents.

E.

If the enforcement officer submits an additional written report concerning the administrative citation to the hearing officer for consideration at the hearing, then a copy of this report shall also be served by mail on the responsible persons requesting the hearing at least 10 calendar days prior to the hearing date.

F.

At least 10 calendar days prior to the hearing, the recipient of an administrative citation shall be provided with copies of the citations, report and other documents submitted or relied upon by the enforcement officer. Personal information regarding a reporting party, if any, shall not be disclosed. No other discovery is permitted. Formal rules of the California Evidence Code and discovery shall not apply, except that irrelevant and unduly repetitious evidence may be excluded at the hearing officer's discretion.

G.

The hearing officer may continue the hearing and request additional information from the enforcement officer or the recipient of the administrative citation prior to issuing a written decision.

H.

The failure of the recipient of an administrative citation to appear at the administrative citation hearing shall constitute forfeiture of the fine and a failure to exhaust administrative remedies.

A.

Within 10 days of the conclusion of the hearing, the hearing officer shall provide the responsible person with a decision in writing ("administrative order"). The hearing officer shall provide the responsible person with the administrative order by personal service or registered or certified mail to the responsible person's last known address.

B.

The hearing order shall contain the hearing officer's findings of facts and conclusions and a statement regarding the procedure for seeking judicial review, as described in Section 19.144.120 (Right to Judicial Review). The decision of the hearing officer shall be final except as provided for in Section 19.144.120 (Right to Judicial Review).

C.

A decision in favor of the responsible person shall constitute a dismissal of the municipal ordinance violation(s). If the hearing order renders a decision in favor of the responsible person, the City shall return any monies paid by the responsible person toward the dismissed administrative citation.

D.

If the hearing officer renders a decision in favor of the City, the responsible person must comply with the administrative order, or seek judicial review of the administrative order pursuant to Section 19.144.120 (Right to Judicial Review).

The failure of any person or entity to pay the civil fines assessed by an administrative citation may result with the City pursuing any legal remedies to collect the civil fines. The City may move to recover its collections cost according to proof.

Any person or entity aggrieved by an administrative order of a hearing officer on an administrative citation may obtain review of the administrative order by filing a petition seeking review with the Superior Courts of California, County of San Bernardino in accordance with the statutes of limitations and provisions set forth in California Government Code Section 53069.4.

A.

The administrative citation and all notices to be given by this Chapter shall be served on the responsible person in accordance with the provisions of this Chapter.

B.

Failure to receive any notice specified in this Chapter shall not affect the validity of any proceeding conducted hereunder.

The purpose of this Chapter is to establish regulations for the abatement of weeds, garbage, rubbish and junk and other public nuisances.

As used in this Chapter, the following words shall have the following meanings:

A.

Dangerous Building. This term shall include any of the following:

1.

Whenever any door, aisle, passageway, stairway or other means of exit is not of sufficient width or size or is not so arranged as to provide a safe and adequate means of exit in case of fire, panic or other emergency.

2.

Whenever the walking surface of any aisle, passageway, stairway or other means of exit is so warped, worn, loose, torn or otherwise unsafe as not to provide safe and adequate means of exit in case of fire, panic or other emergency.

3.

Whenever the stress in any materials, member or portion thereof, due to dead and/or live loads, is greater than the working stress or stress allowed in the Uniform Building Code for similar buildings, structures, purposes or locations.

4.

Whenever any portion of a building or structure has been damaged by fire, earthquake, wind, flood or any other cause, to the extent that the structural strength or stability thereof is materially less than it was before such catastrophe and is less than the minimum requirements of the Uniform Building Code.

5.

Whenever any portion, member or appurtenance of a building or structure is likely to fail or to become detached or dislodged, or to collapse and thereby injure persons or damage property.

6.

Whenever any portion of a building or structure, or any member, appurtenance or ornamentation on the exterior thereof, is not of sufficient strength or stability, or is not so anchored, attached or fastened in place so as to be capable of resisting a wind pressure of that specified in the Uniform Building Code.

7.

Whenever any portion of a building or structure has been wracked, warped, buckled or settled to such an extent that walls or other structural portions have materially less resistance to winds or earthquakes than is required in the case of similar construction.

8.

Whenever the building or structure, or any portion thereof, is likely to partially or completely collapse because of any of the following:

a.

Dilapidation, deterioration or decay.

b.

Faulty construction.

c.

The removal, movement, or instability of any portion of the ground necessary for the purpose of supporting such building.

d.

The deterioration, decay or inadequacy of its foundation.

9.

Whenever, for any reason, the building or structure, or any portion thereof, is manifestly unsafe for the purpose for which it is being used.

10.

Whenever the exterior walls or vertical structural members list, lean or buckle to such an extent that a plumb line passing through the center of gravity does not fall inside the middle third of the base.

11.

Whenever the building or structure, exclusive of the foundation, shows 33 percent or more damage or deterioration of its supporting member or members, or 50 percent damage or deterioration of its nonsupporting members, enclosing or outside walls or coverings.

12.

Whenever the building or structure has been abandoned or vacated and left open, or has been so damaged by fire, wind, earthquake or flood, or has become so dilapidated or deteriorated as to become an attractive nuisance to children or a harbor for vagrants or homeless people, or for unlawful activities.

13.

Whenever a building or structure, used or intended to be used for dwelling purposes, because of inadequate maintenance, dilapidation, decay, damage, faulty construction, faulty gas connection, wiring, facilities or otherwise, is determined by the Code Enforcement Officer to be unsanitary, unsafe, unfit for human habitation or in such a condition that is likely to cause sickness or disease.

14.

Whenever any building or structure, because of dilapidated condition, deterioration, damage, faulty construction, faulty electric wiring, gas or plumbing connections, or heating apparatus, or other cause, is determined by the Code Enforcement Officer, Fire Marshal, or building official to be a fire hazard.

B.

Junk. Any second-hand and/or used machinery or parts thereof, scrap metal, and other pieces of metal, ferrous or nonferrous, including but not limited to appliances, tools, implements, or parts or portions thereof, as well as rubber, rope, rags, plastic, furniture or parts thereof, inoperative vehicles, unused vehicles, junk or wrecked vehicles, vehicle bodies, trailers, recreational vehicles and/or parts thereof, and any other scrap, waste, or debris of any type or nature that is unsightly or interferes with the reasonable enjoyment of property by neighbors or detrimentally affects property values in the surrounding neighborhoods or community, or which would materially hamper or interfere with the prevention or suppression of fire upon the premises, or which would endanger the public safety by creating a health or fire hazard.

C.

Polluted Water. Water contained in a swimming pool, pond, or other body of water which contains bacterial growth, including but not limited to algae, remains of insects, remains of deceased animals, reptiles, rubbish, garbage, debris, papers, or any other foreign matter or material which because of its nature or location constitutes an unhealthy, unsafe or unsightly condition.

D.

Responsible Party. The owner of any property upon which a violation of this Chapter exists. This term shall also include any nonowner, occupant or other person or entity in control of the property or person living or renting the property who is creating, causing, or maintaining any condition in violation of this Chapter. This term shall also include any person who is creating or causing any condition in violation of this Chapter on any public or private property in the City of Twentynine Palms.

E.

Rubbish, Garbage. Any material including but not limited to unused or discarded matter or material having no substantial market value, rubble, asphalt, plaster, tile, rocks, building material, concrete, bricks, soil, crates, cartons, litter, trash, waste paper, wood, trimmings from plants or trees, cans, bottles or barrels, other flammable material of any kind, garbage, including decayed waste, animal waste, human waste, discarded food, meat, fish, animal or vegetable refuse, dead animals, putrid or offensive animal or vegetable matter, and any hazardous materials or waste, paint, adhesives, flammable liquids, oil, gasoline or diesel products of any kind which by their location, size, volume, or nature is unsightly or interferes with the reasonable enjoyment of property by neighbors or detrimentally affects property values in the surrounding neighborhoods or community, or which would materially hamper or interfere with the prevention or suppression of fire upon the premises, is a likely habitat for vermin or vectors, or which would endanger the public safety by creating a health or fire hazard.

F.

Weeds. Notwithstanding anything in this Chapter to the contrary, the term "weeds" shall not include plants protected under state or federal law. This term includes all the following:

1.

Any dry grass, brush, weeds or other flammable material which by its size, volume, nature or proximity to structures or other improvements endangers the public safety by creating a fire hazard to adjacent or surrounding property.

2.

Any poisonous plant or growth when the conditions of growth are such as to constitute a significant hazard to the public health.

3.

Dead trees, which by their size, nature, or proximity to structures, endanger the public safety by creating a fire hazard or other hazard.

G.

Zoning Violation. Includes but is not limited to a use of property in violation of any federal, state or local law or regulation.

A.

It shall be unlawful for any responsible party to commit, assist in the commission of, or fail to remove, abate and/or prevent the occurrence or reoccurrence of any public nuisance, as defined in this Section, upon any property or inside any building or structure.

B.

It is unlawful for any tenant or occupant to fail to allow repair personnel access to the building or property for the purpose of making inspections, estimates or repairs with proper notice.

C.

The following constitutes a public nuisance:

1.

A dangerous building as defined in Section 19.146.020 of this Chapter.

2.

A building or structure that is defective, unsightly, including but not limited to buildings or structures in such condition of deterioration or disrepair that it causes or will cause a decrease in the property values of surrounding properties or is otherwise materially detrimental to adjacent or nearby properties.

3.

Any occupied residence that lacks water service to interior plumbing.

4.

An abandoned or vacated building or structure that is open or accessible to unauthorized persons.

5.

Weeds, rubbish, garbage or junk of any kind, existing or maintained upon private or public property which, by reason of their location, size, volume or nature, are unsightly or interfere with the reasonable enjoyment of property by neighbors, detrimentally affects adjacent property values, is a likely habitat for vermin or vectors, or otherwise constitutes a significant hazard to the public health, constitutes a fire hazard to any building, improvements, or other property, or could interfere with the prevention or suppression of fire upon the property or upon adjacent property.

6.

Any violation of any provision of any Code adopted by the City.

7.

Any zoning violation.

8.

Failure to obtain or comply with the requirements of a Conditional Use Permit, Minor Use Permit, Temporary Use Permit, Building Permit, Grading Permit, or any other permit or license issued by the City, including obtaining a "final" on any permit.

9.

Any swimming pool, pond or other body of water which is abandoned, unattended, unfiltered, or not otherwise maintained, resulting in the water becoming stagnant and/or polluted.

10.

The intentional outdoor burning of any material, structure, matter or thing unless authorized by the Twentynine Palms Fire Department.

11.

Ground saturated with chemicals or petroleum products in a manner inconsistent with their intended use.

12.

Any violation of the International Property Maintenance Code or any other Building Code or California Code adopted by the City.

13.

Outdoor or unscreened parking or storage of construction equipment and/or vehicles including, but not limited to, construction trailers, road graders, backhoes, and dump trucks, on property not zoned for the parking or storage of such equipment or vehicles, except for the time during which an active Building Permit is effective, or as authorized by a Temporary Use Permit, Conditional Use Permit or other applicable permit.

14.

To have or keep any domestic or wild animals or fowl so as to be offensive to, annoy, disturb, or make life uncomfortable for any other persons.

15.

To place, deposit, dump or maintain, or cause to be placed, deposited, dumped or maintained, any personal property, weeds, rubbish, garbage, or junk in or upon any public or private highway or road, including any portion of the right-of-way thereof, or any public property, or in or around any public structure or into a flood control channel, or upon any public park without the consent and proper approval from the City.

16.

Living in or staying in a recreational vehicle or motor home, tent, hut or lean-to except as authorized under an approved permit or on a construction site, as temporary living quarters, while a Building Permit is active. "Living in" includes using as extra room even on a temporary basis.

17.

Paying rent, directly or indirectly, performing any service or giving anything of value whatsoever for the privilege of continuing to reside in, use or occupy, for any purpose of human use, occupation or habitation, any residence, building, or structure that has been posted as unsafe pursuant to Section 19.146.090 of this Chapter.

18.

Receiving rent, directly or indirectly, or receiving anything of value whatsoever for providing, for any purpose of human use, occupation or habitation, any residence, building, or structure that has been posted as unsafe pursuant to Section 19.146.090 of this Chapter.

19.

Occupying a residence, building, or structure that has been posted by the City, pursuant to Section 19.146.090 of this Chapter, with a notice that the residence, building or structure is unsafe to occupy.

20.

Anything which is injurious to health or is indecent and offensive to the senses, or loud noises which disturb any considerable number of persons, or an obstruction to the free use of property so as to interfere with the comfortable enjoyment of life or property by any person or considerable number of persons.

21.

Failing to lock or otherwise secure any open, vacant, or abandoned building or structure. If a vacant building is locked or secured using boards or plywood, the boards or plywood shall be painted the same color as the building; the boards used shall be exterior grade plywood, minimum half-inch thickness, and shall have straight edges and 90-degree corners.

A.

If a responsible party fails or neglects to remove or otherwise take action to abate the public nuisance within the time specified in a Notice to Abate, issued pursuant to Section 19.146.050 (Notice to Abate), the Code Enforcement Division may, subsequent to the expiration of the time allowed for an appeal, cause the nuisance to be abated. In addition to any other method authorized by law, such abatement may be performed through inspections and directives to remediate the violation or legal proceedings designed to secure enforcement of the City's Municipal Code or Development Code. The abatement work and disposal of abated material may be done by City crews, private contractor(s), or any person or firm hired by the City. Where appropriate, no such abatement action shall occur without securing a warrant.

B.

Abandoned or vacated buildings or structures may be secured or otherwise boarded up by the City crews, private contractor, or any person or firm hired by the City.

C.

For abatement of buildings or structures see Section 19.146.070 (Abatement of Buildings or Structures as Public Nuisance).

A.

Whenever the City Manager or his/her designee deems it necessary to abate a public nuisance (other than a building or structure), he/she shall issue a "Notice to Abate" by both of the following methods:

1.

Posting the notice conspicuously on the property.

2.

Mailing to the owner of record of the property at their address as shown on the tax rolls and to any occupant of the property, by certified mail, return receipt requested. The mailing shall be certified at the time of service by written declaration under penalty of perjury executed by the persons effecting mailing of the Notice to Abate, declaring the date on which the notice was mailed. The declaration, together with the receipt card returned in acknowledgment of receipt by certified mail, shall be affixed to the copy of the notice and retained by the issuing officer.

B.

The Notice to Abate shall be substantially in the following form:

Whenever it is determined by the Code Enforcement Division that there exists an immediate threat to life or property or a detriment to the public health, such that abatement must be undertaken in less than 10 days, he/she may take the steps necessary to protect life, property or the public health without first giving notice as required in Section 19.146.050 of this Chapter. However, in the event emergency procedures are initiated, the Code Enforcement Officer shall give as much notice and opportunity to be heard as is reasonably possible under the circumstances. Notice issued pursuant to this Section shall be given as soon as possible after such abatement begins.

A.

To commence the abatement of a building or structure, the Code Enforcement Division shall give not less than 15 days for written notice of a hearing to determine whether a building or structure constitutes a public nuisance.

B.

The notice shall indicate the nature of the alleged public nuisance, the description and location of the property involved, and the designation of the time and place of the hearing to determine whether the same constitutes a public nuisance, and the manner of its proposed abatement.

C.

The failure of any person to receive the notice shall not affect the validity of any proceedings under this Chapter.

D.

If the property owner or other responsible party takes necessary corrective measures in advance of the hearing and so notifies the Community Development Director or develops a plan to correct the problems which is acceptable to the Director, the hearing may be canceled or postponed based upon the determination of the Director.

E.

The hearing to determine whether a public nuisance exists shall be conducted by the Planning Commission. At the hearing, the Planning Commission shall consider all relevant evidence. The Planning Commission shall give any interested person a reasonable opportunity to be heard regarding the matter. Based on the evidence presented, the Planning Commission shall determine whether a public nuisance, within the meaning of this Chapter, exists, and the manner of abatement.

F.

If the Planning Commission determines that a public nuisance exists, the Planning Commission shall adopt an Order of Abatement. An Order of Abatement shall include a determination that the building or structure must be repaired, vacated and secured, or demolished.

G.

Within 10 days after a Planning Commission Order of Abatement, the Code Enforcement Division shall give written notice to the property owner and any other person who has requested notification, setting forth the nature of the public nuisance, its location, and the time and manner for its abatement.

H.

If the public nuisance is not abated by the owner within the time specified in the Order of Abatement, the Code Enforcement Division is expressly authorized to enter upon the premises for the purpose of abating the nuisance.

When it is necessary to make an inspection to enforce the provisions of this Chapter, the Code Enforcement Division may enter such building or premises at all reasonable times to inspect the same, provided that if such building or premises is occupied, proper credentials shall be presented and entry shall first be requested; and if such building or premises are unoccupied, a reasonable effort to locate the owner or other person having charge or control of the building or premises shall be attempted to request entry. If such entry is refused, the Code Enforcement Division shall have recourse to every remedy provided by law to secure entry.

The Code Enforcement Officer may cause to be posted at each building determined to constitute a dangerous building pursuant to this Chapter a notice which states "DO NOT ENTER, UNSAFE TO OCCUPY." Such notice shall remain posted until the required repair, demolition or removal is completed, and shall not be removed without written permission of the Code Enforcement Officer or building official. It shall be unlawful for any person to enter the building except for the purpose of making the required repairs or demolishing the building.

The Code Enforcement Division shall keep an itemized account of the costs of abatement of a public nuisance, including incidental expenses, and shall render an itemized report in writing to the City Council showing the total cost of the abatement. "Incidental expenses" shall include fees, as adopted by the City Council by Resolution, administrative overhead, the cost of printing, advertising and/or posting provided for in this Chapter, compensation of the person appointed by the City to take charge of and supervise any of the work authorized under this Chapter, legal expenses, the cost of preparing resolutions, notices and other required documentation, the cost of hearing(s) and other proceedings and such work, and any other expenses necessary for the completion and inspection of the work.

A.

All costs of abatement shall be confirmed by the City Council.

B.

The record of costs and a notice of the date, time, and place of the City Council hearing shall be sent to all owners, as determined by the tax rolls, at least 10 days prior to the hearing. The notice shall state that the City intends to either make the outstanding abatement costs a special assessment against the subject property, or authorize the recordation of a nuisance abatement lien against the subject property.

C.

At the hearing, the City Council shall consider all evidence presented by any interested party. At the conclusion of the hearing, the City Council shall approve, by motion or Resolution, the accounting and record of costs either as submitted or as modified or corrected. The accounting and record of costs, as confirmed by the City Council, shall be deemed immediately due and payable, and shall be delinquent if not paid within 10 days thereafter.

D.

At the hearing, the City may make any delinquent nuisance abatement costs a special assessment, or collect its costs of abatement by nuisance abatement lien pursuant to the procedures authorized by Government Code Sections 38773.1 and 38773.5, as described in Sections 19.146.130 (Special Assessment) and/or 19.146.140 (Nuisance Abatement Lien).

A.

Following the hearing at which the City Council confirms the cost of abatement, the City shall mail to each owner of record at their address, as shown on the most recent tax rolls, an invoice itemizing all costs and expenses confirmed by the City. The invoice shall be due immediately.

B.

If paid within 10 days of the confirmation of cost hearing, no further action by the City, pursuant to this Chapter, shall be necessary.

C.

If not paid within 10 days following the confirmation of cost hearing, the City may recover the cost of abatement pursuant to Sections 19.146.130 (Special Assessment) or 19.146.140 (Nuisance Abatement Lien) below.

The City may make any outstanding nuisance abatement costs a special assessment against the offending property pursuant to procedures authorized by Government Code Section 38773.5, as follows:

A.

The City Council may adopt a Resolution making the outstanding costs of abatement a special assessment against the parcel(s), as shown on the latest available assessment roll, where the abatement activities occurred. The Resolution shall explicitly authorize the special assessment and shall be filed with the County Auditor.

B.

The County Auditor shall enter each assessment in the County tax roll opposite the parcel(s) against which the assessment is to be made. The assessment may be collected at the same time and in the same manner as ordinary municipal taxes are collected, and shall be subject to the same penalties and the same procedure and sale, in case of delinquency, as provided for ordinary municipal taxes. All laws applicable to the levy, collection and enforcement of municipal taxes shall be applicable to the special assessment. However, if any real property to which the costs of abatement relate has been transferred or conveyed to a bona fide purchaser for value, or if a lien of a bona fide encumbrance for value has been created and attaches thereon, prior to the date on which the first installment of the taxes would become delinquent, then the cost of abatement shall not result in a lien against the real property but instead shall be transferred to the unsecured roll for collection. Notices or instruments relating to the abatement proceeding or special assessment shall be entitled to recordation.

C.

All or any portion of any such special assessment, penalty, or costs entered pursuant hereto shall, on order of the City Council, be canceled by the City Treasurer if uncollected, or, except in the case provided for below, refunded by the City Treasurer if collected, in the event it or they were entered, charged or paid:

1.

More than once;

2.

Through clerical error;

3.

Through the error or mistake of the City Council or the public officer with respect to any material fact;

4.

Illegally; or,

5.

For land acquired after the lien date by the state or by any county, city, school district or other political subdivision and, because of this ownership, is not subject to sale for delinquent taxes.

The City may collect its costs of abatement by a nuisance abatement lien pursuant to the procedures authorized by Government Code Section 38773.1, as follows:

A.

The City Council may adopt a Resolution assessing the outstanding costs of abatement as a lien(s) against those parcel(s) as shown on the latest available assessment roll where abatement activities occurred. The Resolution shall explicitly authorize the recordation of a nuisance abatement lien.

B.

The nuisance abatement lien shall be recorded in the County Recorder's office in the county in which the subject parcel is located and from the date of filing shall have the force, effect and priority of a judgement lien.

C.

The nuisance abatement lien authorized by this Section shall specify the amount of the lien, the name of the agency on whose behalf the lien is imposed, the date of the abatement order, the street address, legal description, and assessor's parcel number of the parcel on which the lien is imposed and the name and address of the record owner of the parcel.

D.

In the event that the lien is discharged, released or satisfied, either through payment or foreclosure, notice of the discharge containing the information specified in this Section shall be recorded by the City. A nuisance abatement lien and the release of the lien shall be indexed in the grantor-grantee index.

E.

A nuisance abatement lien may be foreclosed by an action brought by the City for a money judgment.

F.

The City may recover from the responsible party any costs incurred regarding the processing and recording of the lien and costs incurred in providing notice to the property owner as part of its foreclosure action to enforce the lien.

Any person who is affected by a Notice to Abate or Order of Abatement, as set forth herein, may appeal pursuant to Chapter 19.28.120 (Appeals) of the Development Code. In cases where an appeal is filed, abatement by the City shall be stayed until such time as a decision is rendered by the appeal authority.

Notwithstanding the foregoing, any property owner may request that the City remove and abate from his/her property weeds, rubbish, garbage and junk not generated or placed on his/her property by the property owner or occupant. The property owner shall provide the City with written consent, in a form provided by the City, granting consent to City personnel and/or contractors to enter upon the property for the purpose of removing such weeds, rubbish, garbage and junk. The City may make the cost of abatement performed at the request of the property owner a special assessment against the offending parcel or property. Alternatively, the City may record a nuisance abatement lien against the property.

A.

It shall be unlawful for any person or entity owning, leasing, renting, occupying, managing, or having control of any premises to:

1.

Violate any provision of this Chapter.

2.

Fail to comply with the requirements in a Notice to Abate or Order of Abatement in accordance with this Chapter.

3.

Interfere with the performance of the duties herein specified by any of the officers named in this Chapter or their deputies, employees or contractors or interfere in any manner whatsoever with said officers, deputies, employees or contractors in the removal or abatement of any public nuisance.

Any person or entity violating any of the provisions of this Chapter shall be deemed guilty of an infraction.

The purpose of this Chapter is to provide for an abatement program for abandoned, wrecked and dismantled vehicles in the City.

For the purpose of this Chapter, unless otherwise apparent from the context, the words and phrases used here shall have the following meanings:

A.

Abandoned. Those vehicles worth $300 or less as determined by the City Manager which permanently have been deserted and relinquished by their owner.

B.

City Manager. The City Manager of the City of Twentynine Palms or his/her designee, authorized by Resolution of the City Council to implement this Chapter.

C.

Dismantled. A vehicle from which parts have been removed so that the vehicle cannot or will not be made operational, including a partially dismantled vehicle and a vehicle without a hood, fenders, tires, body panels, transmission, headlights, trunk lid, wheels, windows windshields or other parts; a dismantled vehicle includes one with its tires removed and placed on blocks.

D.

Highway. A way or place of whatever nature, publicly maintained and open to use of the public for the purpose of vehicular travel. "Highway" shall include street or road easement which is publicly maintained, but does not include private property.

E.

Inoperative. A vehicle which has not been dismantled in any way but reasonably presents the exterior appearance of an otherwise operational vehicle awaiting repair, rebuilding reconditioning or restoration.

F.

Lien Sale. A sale of legal ownership of a vehicle under title or requiring registration under the California Vehicle Code.

G.

Owner of the Land. The owner of the land on which the vehicle, or parts thereof, is located, as shown on the last equalized assessment roll.

H.

Owner of the Vehicle. The last registered owner and legal owner of record.

I.

Person. A natural person, firm, partnership, association, or corporation.

J.

Public Property. The property owned and maintained by a public entity but shall not include "highway."

K.

Roadway. That portion of a highway improved, designed or ordinarily used for vehicular travel including improved shoulders.

L.

Right-of-way. The strip of land upon which is constructed a road bed, and shall include the land itself, and the entire width of the easement for such road beds.

M.

Storage/Impound Yard. The premises used for the dismantling or wrecking of vehicles where there is buying, selling or dealing in such vehicles, their integral parts, or component material thereof, and the storage, sale or dumping of dismantled, partially dismantled, wrecked or inoperative vehicles.

N.

Tow Operation. A business which provides towing service for motor vehicles either on public highways or on private property for compensation, which is under contract to the City or holds a franchise with the City to perform such services under this Chapter.

O.

Vehicle. Any device by which persons or cargo may be propelled, moved, or drawn and shall include all types of motorized vehicles whether or not the motor is intact. "Vehicle" specifically includes boats and trailers; "vehicles" also specifically includes vehicle parts.

P.

Wrecked. A destroyed vehicle not useable for parts, distinguished from a dismantled vehicle.

The procedures in this Chapter are not the exclusive means of abatement or regulation of abandoned, wrecked, dismantled or inoperative vehicles in the City. This Chapter shall supplement and be in addition to the other regulatory codes, statutes and ordinances heretofore or hereafter enacted by the County, the state, or any other legal entity or agency having jurisdiction, or any other legal authority available to the City.

A.

Except as set out in Subsection 19.147.050.C, no person shall cause, maintain, permit or otherwise allow an abandoned or wrecked vehicle to remain on such property for more than 15 calendar days. It shall be the duty of the owner, occupant or person in control of such property to remove, abate and prevent retention of such vehicles.

B.

No persons shall cause, maintain, permit or otherwise allow a dismantled vehicle to be stored in a manner not allowed by Section 19.147.050 (Exceptions) of this Chapter. It shall be the duty of the owner, occupant, or person in control of such vehicle or of real property to remove, abate and prevent storage in violation of this Chapter.

C.

Any dismantled vehicle, when placed or kept on real property for more than 15 calendar days in a manner inconsistent with the requirements of Section 19.147.050 (Exceptions), shall be deemed to be an abandoned or wrecked vehicle and to constitute a prohibited use and is a violation of this Chapter, punishable as set out in Section 19.147.130 (Penalty for Violation) hereof.

This Chapter shall not apply to the following:

A.

A vehicle which is inoperative as defined herein; where maintained intact in a clean and safe manner on the property of the owner or person legally in possession of such vehicles and where the property is zoned for the intended use.

B.

Stored Vehicles. A dismantled vehicle or part(s) thereof which is visible from the street or adjoining property may be stored by the owner or person legally in possession thereof where completely covered with a weatherproof, opaque cover or stored within a fenced area and where the property is zoned and approved for such use, as required.

C.

Lawfully Conducted Business. An abandoned or wrecked vehicle thereof may be stored within an enclosure surrounded by a fence which obscures a view of the property in a lawful manner on appropriately zoned private property in connection with the business of a licensed dismantler or licensed vehicle dealer, or when the storage or parking is necessary to the operation of a lawfully conducted business or commercial enterprise.

Notwithstanding the foregoing, nothing in this Section shall authorize the maintenance of a public or private nuisance as defined under other provisions of law.

A.

The City reserves the right to implement a program of towing abandoned, wrecked, dismantled or inoperative vehicles in compliance with this Chapter or other applicable authority.

B.

The City may by Resolution contract or enter into a franchise with a tow operation or other entity as part of such program or to enforce this Chapter and also may authorize the contractor, franchisee or other entity to do so.

C.

The City may establish by Resolution fees for towing and storage under this Chapter.

D.

Except as delegated by Resolution to a contractor, franchisee, or other entity, the provisions of this Chapter will be administered and enforced by the City Manager.

E.

In the enforcement of this Chapter, the City Manager may enter private or public property to investigate, examine, post, serve notices, cite or tow and the tow operator may enter private property to tow as provided herein; provided, however, that they will use reasonable efforts to give reasonable notice thereof to the owner or occupant of inhabited property.

F.

Upon evidence thereof and as set herein, the City Manager may declare wrecked or dismantled vehicles to be abandoned or a public nuisance and may remove or cause their removal under this Chapter or other applicable law.

G.

Determination of Value. The City Manager shall determine the value of any vehicle to be removed and may consult applicable guides or other authority to do so.

Public property notwithstanding any other provision of this Chapter, vehicles which are parked, resting, or otherwise immobilized on a highway or public right-of-way, and which lack an engine, transmission, tires, wheels, tires, doors, windshield or other parts necessary for safe operation, may be removed immediately upon discovery by the City Manager without prior compliance with the notice requirement set out in Section 22851.3 of the Vehicle Code or this Chapter. This section does not apply to private property.

A.

If a member of the public notifies the City of an abandoned, wrecked or dismantled vehicle, the City Manager shall obtain the location of the vehicle and other identifying information and determine if the procedures set out in this Chapter should be implemented.

B.

If the owner of the land requests removal of an abandoned, wrecked or dismantled vehicle from his/her property, and the owner of the land also is the owner of the vehicle, the City or tow operator may remove the vehicle upon payment of a fee by the owner without compliance with the requirements of this Chapter, upon obtaining the owner's written consent thereto.

A.

Determination of Abandonment. Upon determination by the City Manager that a vehicle has been abandoned (including the value thereof), the City Manager or tow operator may proceed to remove the vehicle as a public nuisance in accordance with the procedures set out herein.

B.

Removal of Abatement of Public Nuisance (cost charged to property owner).

1.

Except as set out in Subsection 19.147.090.C, a 10-calendar day notice of intention to abate and remove the vehicle, or parts thereof, as a public nuisance shall be mailed by registered or certified mail to the owner of the land and to the owner of the vehicle, except if the vehicle is in such condition that identification numbers are not available to determine ownership, notice shall be sent only to the owner of the land. No notice of intention need be sent if the property owner and the owner of the vehicle have signed releases authorizing removal and waiving further interest in the vehicle or part thereof.

2.

The notices of intention shall be substantially in the following forms:

C.

Prior notice is not required:

1.

For the removal of certain vehicles from private property where they are:

a.

On agricultural or on vacant commercial or industrial property; or

b.

On property zoned for agricultural use or not improved with a residential structure containing one or more dwelling units; and

c.

Abandoned and inoperable due to the absence of a motor, transmission, or wheels and incapable of being towed;

d.

Valued at less than $200.00 by the City Manager;

e.

Determined by the City Manager to be a public nuisance as defined herein, presenting an immediate threat to public health and safety;

f.

Authorized for removal by the property owner who has signed such a release and is waiving further interest in the vehicle or part(s) thereof.

2.

Prior to final disposition of such vehicle or part for which evidence of registration has been recovered from the Department of Motor Vehicles, the City Manager shall provide notice to the registered and legal owners of the vehicle of the City's intent to dispose of the vehicle or its parts. If the vehicle or part is not claimed and removed within 15 calendar days after notice is mailed, final disposition may proceed.

D.

If no written request for a public hearing is received by the City Manager within the time allowed, the City Manager shall have the authority to abate and remove the vehicle without a hearing.

E.

Public Hearing and Procedure.

1.

If within 10 days after receipt of the Notice of Intention to Abate, the owner of land or the owner of the vehicle files with the City Manager a written request for a public hearing, such a public hearing shall be held on the issue of:

a.

Abatement and removal of the vehicle or part thereof as an abandoned, wrecked or dismantled (including the determination of value thereof); and

b.

The assessment of the administrative costs and the cost of removal of the vehicle or part thereof against the property on which it is located.

2.

Notice of such hearing shall be mailed at least 10 days before the hearing by registered or certified mail, with a five-day return requested, to the owner of the land as shown on the last equalized assessment roll and to the last registered and legal owner of record unless the vehicle is in such condition that identification numbers are not available to determine ownership. If any of the foregoing notices are returned as undeliverable by the United States Post Office, the hearing shall be continued to a date not less than 10 days from the date of the return and may then be conducted on the date to which continued whether or not the party attempted to be notified.

3.

Notice of hearing shall also be given to the California Highway Patrol and the Chief of Police of the City, identifying the vehicle or part thereof proposed for removal. Such notice shall be mailed at least 10 days prior to the public hearing.

F.

Hearing Officer. All hearings under this Chapter shall be held before a hearing officer. The City Manager, or his/her designee, shall be the hearing officer or the City.

1.

Hearing Officer - Powers and Duties. The hearing officer shall hear all facts and testimony which he/she deems pertinent. The facts and testimony may include testimony on the condition or value of the vehicle or parts thereof and the circumstances concerning its location on the private or public property. The hearing officer shall not be limited by the technical rules of evidence, but may consider any evidence upon which a prudent person might rely in arranging his/her own affairs. The owner of the land on which the vehicle is located may appear in person at the hearing or present a 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.

2.

Findings and Determination by the Hearing Officer. The hearing officer may impose such conditions and take such other action as he/she deems appropriate under the circumstances to carry out the purpose of this Chapter. The hearing officer may delay the time for removal of the vehicle or parts thereof if, in his/her opinion, the circumstances justify it. After the conclusion of the public hearing, the hearing officer will issue written findings, and may find that a vehicle or part thereof has been abandoned, wrecked or dismantled, on private or public property. If so, the hearing officer in writing will order it removed from the property as a public nuisance or disposed of as provided in this Chapter and determine the administrative costs and the costs of removal to be charged against the owner of the parcel of land on which the vehicle or part thereof is located. The order requiring removal shall include a description of the vehicle or part thereof and, if reasonably ascertainable, the correct identification number and license number of the vehicle.

The written decision (findings and order) of the hearing officer shall be mailed to all parties to whom notice was given within 10 calendar days of the decision. If an interested person makes written presentation to the hearing officer but does not appear, he/she shall be notified in writing of the decision.

3.

Determining Costs. The hearing officer, after hearing all testimony, may determine that the cost of removal and cost of administration be paid by the owner of the land, the owner of the vehicle, or the City.

4.

Administrative Costs. The City Council 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 part thereof) under this Chapter.

G.

Appeal to the City Council. A party or other interested person may appeal the decision of the hearing officer by filing a written notice of appeal with the City Clerk within 10 days after the date of mailing of the decision. The clerk then shall give written notice to the time and place of the hearing to the appellant, owner of the land, owner of the vehicle, and any other interested person receiving the decision.

1.

Decision by Council. The appeal shall be heard by the City Council at a regular or special public meeting. The Council may affirm, amend, or reverse the order of the hearing officer or take such other action as the Council may deem to be appropriate. In conducting the hearing, the City Council shall follow the hearing procedures and exercise the same powers as set forth in this Section for the hearing officer. The decision of the City shall be final.

H.

Removal of Vehicle - Disposal. Ten days from the date of mailing of notice of the decision by the hearing officer (if not appealed) or 15 days after the decision of the City Council authorizing removal following appeal, the vehicle or parts thereof may be disposed of by the City Manager, by removal to a storage or impound yard. After a vehicle has been removed, it shall not thereafter be reconstructed or made operable unless it qualifies for historical or horseless carriage vehicle plates.

1.

Notice to Responsible Agencies. Within five calendar days after the date of removal of the vehicle or parts thereof, notice shall be given to the Department of Motor Vehicles, the California Highway Patrol, and the Chief of Police of the City identifying the vehicle or part thereof removed. At the same time, there shall be transmitted to the Department of Motor Vehicles any evidence of registration available, including registration certification, certificates of title and license plates.

2.

Abatement Cost as a Lien. If the administrative costs and the costs of removal, which are charged against the owner of a parcel of land, are not paid within 30 days of the final disposition of any appeal, the costs shall be assessed against the parcel of land under Government Code Section 38773.5 and shall be transmitted to the tax collector/auditor. The lien shall have the same priority as property taxes.

A.

Provided the requirements set out in this Section are met, any City police officer or the City Manager, who has reasonable grounds to believe that a vehicle has been abandoned, may remove the vehicle from a highway or from public or private property.

1.

The vehicle is estimated by the City Manager to have a value at the time of proposed removal of $300 or less.

2.

Not less than 72 hours before the vehicle is removed, the persons causing the removal of the vehicle or his/her agent shall securely attach to the vehicle a distinctive notice in the form attached hereto which states that the vehicle will be removed by the public agency. This requirement shall not apply to vehicles whose estimated value is $100 or less.

3.

Any notices required by Subsection 19.147.100.A(2) hereof shall be substantially in the following form:

A.

Notice. Immediately after the removal of the vehicle, the person causing the removal or his/her agent shall:

1.

Notify the stolen vehicle system of the Department of Justice in Sacramento of the removal.

2.

Obtain a copy of the names and addresses of all persons having an interest in the vehicle, if any, from the Department of Motor Vehicles either directly or by use of the California law enforcement telecommunications system.

3.

Within 48 hours of the removal, excluding weekends and holidays, send a notice to the registered legal owners at their addresses on record with the Department of Motor Vehicles, to any other person known to have an interest in the vehicle, and to the tow operator storing the vehicle. Notice shall be sent by certified first class mail. The notice shall include all of the following information and shall be substantially in the form provided in Subsection 19.147.110.A(4) hereof.

a.

Name, address and telephone number of the public agency providing the notice.

b.

The location of the place of storage and description of the vehicle which shall include, if available, the vehicle make, license plate number, vehicle identification number and mileage.

c.

The authority and purpose of the removal of the vehicle.

d.

The statement that the vehicle will be disposed of 15 days from the date of the mailing of the notice.

e.

A statement that the owners and interested persons or their agents have the opportunity for a post-storage hearing before the public agency which removed or caused removal of the vehicle to determine validity of the storage if request for a hearing is made in person, in writing or by telephone within 10 days from the date of the mailing of the notice; that, if the owner or interested person, or his/her agent, disagrees with the decision of the public agency, the decision may be reviewed by an administrative law judge pursuant to Section 11523 of the Government Code; that during the time the decision is being reviewed, pursuant to Section 11523 of the Government Code, the vehicle in question shall not be disposed of.

4.

Any notices required by Subsection 19.147.110.A hereof shall be substantially in the following form:

B.

Hearing. Any hearing requested under this Subsection shall be conducted within 48 hours of the request, excluding weekends and holidays. Failure of any interested persons to request or to attend a scheduled hearing shall satisfy the post-storage validity hearing requirement of this section.

1.

The City shall be responsible for the costs incurred for towing and storage if it is determined in the hearing that there were reasonable grounds to believe that the vehicle was abandoned.

C.

Disposal of Vehicle. If, after 15 days from the notification date, the vehicle remains unclaimed, the towing and storage fees have not been paid, and no request for a post-storage hearing was received or post-storage hearing was not attended, the City shall provide to the tow operator storing the vehicle, on a form provided by the Department of Motor Vehicles, authorization to dispose of the vehicle. The tow operator may request the public agency to provide the authorization to dispose of the vehicle.

1.

If the names and addresses of the registered and legal owners of the vehicle are not available from the records of the Department of Motor Vehicles, either directly or by use of the California law enforcement telecommunications system, the public agency may issue to the tow operator who stored the vehicle an authorization for disposal at any time after 15 days.

2.

Disposal of the vehicle may only be to a licensed dismantler or scrap iron processor.

3.

A vehicle disposed of pursuant to this Section shall not be reconstructed or made operable, unless it is a vehicle which qualifies for either horseless carriage license plates or historical vehicle license plates.

D.

Payment of Towing Fees. If the vehicle is claimed by the owner or his/her agent within 15 days of the notice date set out in Subsection 19.147.110.A, the tow operator who is storing the vehicle may collect reasonable fees from the vehicle owner from services rendered.

Neither the City, its officers, agents, employees or attorneys shall be liable for any damage caused to a vehicle or parts thereof in removal under this Chapter.

It shall be unlawful and an infraction punishable, as set out in City Ordinance No. 22, for any person to violate the provisions of this Chapter or refuse to abate the nuisance or remove a vehicle or parts thereof when ordered to do so.

The purpose of this Chapter is to detail the circumstances under which the City may dispose of abandoned or unclaimed property seized by the City from anywhere in the City of Twentynine Palms.

A.

Mobile Home. A motorized or nonmotorized recreational vehicle, or a residential structure manufactured elsewhere and transported on wheels or a flatbed trailer, regardless of whether or not the wheels remain attached or removed at the location where it is set down or parked in the City.

B.

Abandoned Property or Unclaimed Property. Property that is either unclaimed by its rightful owner for the time specified in this Chapter, or property which the rightful owner has not claimed in that the owner has failed to complete or satisfy the City's conditions or terms imposed for claiming said property.

It is unlawful and a public nuisance for any person or entity to place, litter, deposit, dump or park any structure (or portion thereof, mobile or permanently affixed), debris, junk or rubbish as defined in the City's Nuisance Abatement Code, on any private or public property, or to assist in such action, without the applicable City approval or appropriate Building Permit for new construction.

It is unlawful to park, store, leave or abandon any vehicle, trailer or mobile home on any private property without the property owner's permission. All such parking of vehicles shall conform to the requirements and specifications of Chapter 19.82 (Off-Street Parking and Loading).

It is unlawful for any person to store, keep or park any vehicle on a property used in a residential manner, regardless of land use/zoning classification, when such vehicle is not owned by, or has the express permission of, the current resident of the property to store, keep or park said vehicle. Whether owned by or under the control of the current resident, or with the express permission of the current resident of the property, all such parking of said vehicle shall conform to the requirements and specifications of Chapter 19.82 (Off-Street Parking and Loading) and all other applicable Titles, Chapters and Sections of the Twentynine Palms Municipal Code.

A.

It shall be unlawful to abandon, park or leave a mobile home, whether the wheels are attached or not, on private property without first obtaining the required City Building Permit. If a Building Permit has not been issued by the City within 180 days of the mobile home or manufactured home being placed on the property, the mobile home is deemed to be abandoned and unclaimed, and therefore may be scheduled for a public hearing before the Planning Commission pursuant to Chapter 19.146 (Nuisance Abatement) of the Development Code. Should the Planning Commission order the disposal, sale or auction of such mobile home or modular unit, such action shall be taken in accordance with this Chapter.

B.

It shall be unlawful to fail to obtain a Certificate of Occupancy or pass a final building inspection for a mobile home or modular unit pursuant to the plans that were approved and Building Permit issued. A mobile home or modular unit that has been affixed pursuant to a Building Permit but whose installation and/or construction has ceased without full compliance with the terms and conditions of that permit is deemed to be abandoned if the permit applicant has not passed a final building inspection within 180 days of the last inspection successfully passed for such home or unit. It shall be the permit applicant's obligation to make a written or telephonic request for such final building inspection. Any such home or unit considered to be abandoned may be scheduled for a public hearing before the Planning Commission pursuant to Chapter 19.146 (Nuisance Abatement) of the Development Code. Should the Planning Commission order the removal and disposal, sale or auction of the mobile home or modular unit, such order shall be carried out in accordance with this Chapter.

A.

Any unclaimed property that is found, recovered, confiscated or held by the City, the City's Police Department, or any other agent or designee of the City, which the City Manager or his/her designee desires to dispose of, may be sold or disposed of after complying with the provisions of this Chapter and Section 2080.4 of the Civil Code as the same now exists or may hereinafter be amended.

B.

All such unclaimed property that appears to have value shall be held by the City for no less than 90 days prior to disposal disposition. After the prescribed period has elapsed, the unclaimed property may be placed for sale at a public auction, sold or disposed of as scrap, taken to a recycler or disposed of at a landfill. If the property is to be auctioned, the City shall provide notice of the public auction at least five days prior to the auction date by publication once in a newspaper, which publishes the City's legal notices.

C.

After said notice of auction is given, the sale shall be conducted by any City employee or employed professional auctioneer designated by the City Manager or his/her designee. Property for which no bid has been received within the prescribed time period shall be retained for public use, given to a nonprofit charitable organization or summarily disposed of by the City.

D.

Notwithstanding the foregoing, if the City Manager or his/her designee determines that unclaimed property held for no less than 90 days is needed for a public purpose or use, he or she may retain such property for such use. The City Manager or his/her designee shall thereafter account for such property as though it had been acquired by the City through regular purchasing procedures.

E.

Removal and disposal of vehicles shall be performed consistent with the provisions of Vehicle Code Section 22660 et seq.

Items of junk, rubbish, debris, scrap, metal, paper, wood and the like or any other item or items, whether City-owned or unclaimed, deemed by the City to both have a de minimis value and no longer serve a useful purpose for the City, may be sold or disposed of by the City Manager or his/her designee at any time without public auction upon the designation of said property as scrap by the City Manager.

Any and all proceeds, money or alternative compensation received from the sale or exchange of any property under this Chapter shall be deposited in the City's General Fund.