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.
Existing law requires a peace officer, or any other authorized employee of a public agency, at least 72 hours prior to removal of a vehicle, to attach a distinctive notice that states the vehicle will be removed by the public agency, except as specified.
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. The bill would additionally exempt abandoned vehicles or parts from those notice provisions if the vehicle or part is inoperable due to the absence of, among other things, a motor or transmission, and the local agency has determined the vehicle or part to be a public nuisance, as specified.

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