Existing law makes it unlawful for a peace officer or an unauthorized person to remove an unattended vehicle from a highway, except as provided. Under existing law, the removal of a vehicle is a seizure, subject to the limits set forth in jurisprudence for the Fourth Amendment of the United States Constitution. Existing law authorizes a city, county, or city and county to adopt an ordinance establishing procedures for the abatement and removal, as public nuisances, of abandoned, wrecked, dismantled, or inoperative vehicles or parts of vehicles from private or public property. Existing law requires that any ordinance for the removal of abandoned vehicles contain certain provisions, including a provision exempting vehicles under certain circumstances, and a provision providing no less than a 10-day notice of intention to abate and remove the vehicle or part thereof as a public nuisance, unless the property owner and the owner of the vehicle sign releases. Existing law also exempts from the 10-day notice prior to removal provision, a vehicle meeting specified requirements, including being valued at less than $200 and being determined to be a public nuisance, if the property owner has signed a release.
This bill would specifically authorize a local government to perform emergency summary abatement of vehicles creating imminent health and safety hazards. The bill would modify the exemption from prior 10-day notice of intention to abate and remove a vehicle to no longer require that both the vehicle be determined to be a public nuisance and that the property owner sign a release.
Existing law, whenever a peace officer or other public employee removes an abandoned vehicle valued at $500 or less, requires the public agency that removed, or caused the removal of, the vehicle to cause the disposal of the vehicle subject to specified requirements, including providing notice, as specified, to the registered and legal owners and any other person known to have an interest in the vehicle, and a process for the owners and interested persons to request and have a poststorage hearing, as specified.
This bill would authorize a public agency of a city, county, or city and county to dismantle, or cause the dismantlement of, an abandoned vehicle, as defined, if the abandoned vehicle cannot be towed or otherwise moved and the vehicle has been declared a nuisance or hazard by a fire marshal, environmental health director, or public health officer of a city, county, or city and county, if various requirements are met, including attaching a distinctive notice to the vehicle at least 15 days prior to dismantlement that states the vehicle will be dismantled by the public agency if the hazard is not abated, sending a notice, within 48 hours of the attachment of the notice to the vehicle, to the owners and any other person known to have an interest in the vehicle informing them of specified information, including that the vehicle may be disposed of at least 15 days from the date of the notice and that they may have a hearing before the public agency if a request for a hearing is made within 10 days from the date of notice, as specified. This bill would require a requested hearing to be conducted within 5 business days of the request. If, after at least 15 days from the notification, the vehicle remains unclaimed, and if no request for a hearing was made or a hearing was not attended, the bill would require the public agency to provide the lienholder authorization to dismantle the vehicle. The bill would provide that a local government is not prevented from performing emergency summary abatement of an abandoned vehicle that is creating imminent health or safety hazards.

Statutes affected:
03/25/25 - Amended Senate: 50236 HSC, 50236 HSC, 50243 HSC, 50243 HSC, 22650 VEH, 22650 VEH, 22660 VEH, 22660 VEH, 22661 VEH, 22661 VEH, 22662 VEH, 22662 VEH, 22851.3 VEH, 22851.3 VEH
04/09/25 - Amended Senate: 50236 HSC, 50243 HSC, 22650 VEH, 22660 VEH, 22661 VEH, 22662 VEH, 22851.3 VEH
05/23/25 - Amended Senate: 22650 VEH, 22660 VEH, 22661 VEH, 22662 VEH, 22851.3 VEH
07/03/25 - Amended Assembly: 22650 VEH, 22661 VEH, 22851.3 VEH
07/16/25 - Amended Assembly: 22661 VEH, 22851.3 VEH
SB692: 22661 VEH, 22851.3 VEH