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HomeMy WebLinkAboutCC ORD 1974-1433 Abandoned vehicles; repeals Ord. 1387 (11.48)arkundaid. 1g 86 1433 ,v ORDINANCE NO. 1433 AN ORDINANCE REPEALING ORDINANCE NO. 1387, PROVIDING FOR THE ABATE- MENT AND REMOVAL OF PUBLIC NUISANCES OF ABANDONED, WRECKED, DIS- MANTLED ORPUBLIC PROPERTY NOT INCLUDING R SHIGHWAYS, AND THEREOF FROM PR RECOVERIVATE RY PROP- ERTY OF COSTS OF ADMINISTRATION VEHIC E CODE OF THE STATEOOF CALIFORNIA RIZED BY ON 22660 OF BE IT ORDAINED by the City Council of the City of National City as follows: SECTION 1. In addition to and in accordance with the determination made and the authority granted by the State of California under Section 22660 of the Vehicle Code to remove abandoned, wrecked, dismantled or inoperative ve- hicles or parts thereof as public nuis- ances, the City Council of the City of National City makes the following find- ings and declarations: The accumulation and storage of abandoned, wrecked, dismantled, or in- operative vehicles or parts thereof on private or public property not including highways is hereby found to create a condition tending to reduce the value (5f private property, to promote blight and deterioration, to invite plundering, to create fire hazards, to constitute an attractive nuisance creating a hazard to the health and safety of minors, to create a harborage for rodents and in- sects and to be injurious to the health, safety and general welfare. Therefore, the presence of an abandoned, wrecked, dismantled or inoperative vehicle or parts thereof, on private or public prop- erty not including highways, except as expressly hereinafter permitted, is here- by declared to constitute a public nuis- ance which may be abated as such in accordance with the provisions of this Ordinance. As used in this Ordinance: (a) The term "vehicle" means a de- vice by which any person or prop- erty may be propelled, moved, or drawn upon a highway, except a device moved by human power or used exclusively upon station- ary rails or tracks. lb) The term "highway" means a way or place of whatever nature, publicly maintained and open to the use of the public for purposes of vehicular travel. Highway in- cludes street. (c) The term "public property" does not include "highway." (d) The term "owner of the land" means the owner of the land on which the vehicle, or parts there- of, is located, as shown on the last equalized assessment roll. (e) The term "owner of the vehicle" means the last registered owner and legal owner of record. SECTION 2. This Ordinance shall not apply to: (a) A vehicle, or parts thereof, which is completely enclosed within a building or behind a solid fence in a lawful manner where it is not visible from the street or other public or private property; or (b) A vehicle, or parts thereof, which is stored or parked in a lawful manner on private property in connection with the business of a licensed dismantler licensed vehicle dealer, a junk dealer, or when such storage or parking is necessary to the operation of a lawfully conducted business or commercial enterprise. Nothing in this section shall author- ize the maintenance of a public or private nuisance as defined under pro- visions of law other than Chapter 10 (commencing with Section 22650) of Division 11 of the Vehicle Code and this Ordinance. SECTION 3. This Ordinance is not the exclusive regulation of abandoned, wrecked, dismantled or inoperative ve- hicles within the City of National City. It shall supplement and be in addition to the other regulatory codes, statutes, and ordinances heretofore or hereafter enacted by the City of National City, the State, or any other legal entity or agency having jurisdiction. SECTION 4. Except as otherwise pro- vided herein, the provisions of this Ordinance shall be administered and en- forced by the City Manager. In the en- forcement of this Ordinance such officer and his deputies may enter upon private or public property to examine a ve- hicle or parts thereof, or obtain infor- mation as to the identity of a vehicle and to remove or cause the removal of a vehicle or parts thereof declared to be a nuisance pursuant to this Ordin- ance. SECTION 5. When the City Council has contracted with or granted a fran- chise to any person or persons, such persons shall be authorized to enter upon private property or public property to remove or cause the removal of a vehicle or parts thereof declared to be a nuisance pursuant to this Ordinance. SECTION 6. The City Council shall from time to time determine and fix an amount to be assessed as administra- tive costs (excluding the actual cost of removal of any vehicle or parts thereof) under this Ordinance. SECTION 7. Upon discovering the ex- istence of an abandoned, wrecked, dis- mantled, or inoperative vehicle, or parts thereof on private property or public property within the City, the City Man- ager shall have the authority to cause the abatement and removal thereof in accordance with the procedure prescrib- ed herein. SECTION 8. A 10-day notice of in- tention to abate and remove the ve- hicle, or parts thereof, as a public nuisance shall be mailed by registered mail to the owner of the land and to the owner of the vehicle, unless the vehicle is in such condition that identi- fication numbers are not available to determine ownership. The notices of intention shall be in substantially the following forms: NOTICE OF INTENTION TO ABATE AND REMOVE AN ABANDONED, WRECKED, DISMANTLED, OR INOPER- ATIVE VEHICLE OR PARTS THEREOF AS A PUBLIC NUISANCE (Name and address of owner of the land) As owner shown on the last equalized assessment roll of the land located at (address), you are hereby notified that the undersigned pursuant to (section of ordinance or municipal code) has determined that there exists upon said land an (or parts of an) abandoned, wrecked, dismantled or inoperative ve- hicle registered to which license number constitutes a public nuisance pursuant to the provisions of (ordinance or muni- cipal code chapter number). You are hereby notified to abate said nuisance by the removal of said vehicle (or said parts of a vehicle) within 10 days from the date of mailing of this notice, and upon your failure to do so the same will be abated and removed by the City of National City and the costs thereof, together with administra- tive costs, assessed to you as owner of the land on which said vehicle (or said parts of a vehicle) is located. As owner of the land on which said vehicle (or said parts of a vehicle) is located, you are hereby notified that you may, within 10 days after the mailing of this notice of intention, re- quest a public hearing and if such a re- quest is not received by the City Clerk within such 10-day period, the City Manager shall have the authority to abate and remove said vehicle (or said parts of a vehicle) as a public nuisance and assess the costs as aforesaid with- out a public hearing. You may submit a sworn written statement within such 10-day period denying responsibility for the presence of said vehicle (or said parts of a vehicle) on said land, with your reasons for denial, and such state- ment shall be construed as a request for hearing at which your presence is not required. You may appear in person at any hearing requested by you or the owner of the vehicle, or, in lieu thereof, may present a sworn written statement as aforesaid in time for consideration at such hearing Notice Mailed S/ (date) (City Manager) NOTICE OF INTENTION TO ABATE AND REMOVE AN ABANDONED, WRECKED, DISMANTLED OR INOPER- ATIVE VEHICLE OR PARTS THEREOF AS A PUBLIC NUISNCE (Name and address of last registered and/or legal owner of record of vehicle — notice should be given to both if different) As last registered (and/or legal) owner of record of (description of ve- hicle —make, model, license, etc.), you are hereby notified that the undersigned pursuant to (section of ordinance or municipal code) has determined that said vehicle (or parts of a vehicle) ex- ists as an abandoned wrecked, disman- tled or inoperative vehicle at (describe location on public or private property) and constitutes a public nuisance pur- suant to the provisions of (ordinance or municipal code chapter number). You are hereby notified to abate said nuisance by the removal of said ve- hicle (or said parts of a vehicle) within 10 days from the date of mailing of this notice. As registered (and/or legal) owner of record of said vehicle (or said parts of a vehicle), you are hereby notified that you may, within 10 days after the mailing of this notice of intention, re- quest a public hearing and if such a request is not received by the (hearing body or officer) within such 10-day period, the City Manager shall have the authority to abate and remove said vehicle (or said parts of vehicle) without a hearing. Notice Mailed S/ a (date) (City Manager) SECTION 9. Upon request by the owner of the vehicle or owner of the land received by the City Manager with- in 10 days after the mailing of the not- ices of intention to abate and remove, a public hearing shall be held by the City Council on the question of abate- ment and removal of the vehicle or parts thereof as an abandoned, wrecked, dismantled or inoperative vehicle, and the assessment of the administrative costs and the cost of removal of the vehicle or ports thereof against the property on which it is located. If the owner of the land submits a sworn written statement denying re- sponsibility for the presence of the ve- hicle on his land within such 10-day period, said statement shall be con- strued as a request for a hearing which does not require his presence. Notice of the hearing shall be mailed, by regis- tered mail, at least 10 days before the hearing to the owner of the land and to the owner of the vehicle, unless the vehicle is in such condition that identification numbers are not avail- able to determine ownership. If such a request for hearing is not received with- in said 10 days after mailing of the notice of intention to abate and re- move, the City of National City shall have the authority to abate and re- move the vehicle or parts thereof as a public nuisance without holding a pub- lic hearing. SECTION 10. All hearings under this Ordinance shall be held before the City Council which shall hear all facts and testimony it deems pertinent. Said facts and testimony may include testimony on the condition of the vehicle or parts thereof and the circumstances concern- ing its location on the said private property or public property. The City Council shall not be limited by the technical rules of evidence. The owner of the land may appear in person at the hearing or present a sworn written statement in time for consideration at the hearing, and deny responsibility for the presence of the vehicle on the land, with his reasons for such denial. The City Council may impose such conditions and take such other action as it deems appropriate under the cir- cumstances to carry out the purpose of this Ordinance. It may delay the time for removal of the vehicle or parts thereof if, in its opinion, the circum- stences justify it. At the conclusion of the public hearing, the City Council may find that a vehicle or parts thereof has been abandoned, wrecked, disman- tled, or is inoperative on private or public property and order the same re- moved from the property as a public nuisance and disposed of as hereinafter provided and determine the adminis- trative costs and the cost of removal to be charged against the owner of the land. The order requiring removal shall include a description of the ve- hicle or parts thereof and the correct identification number and license nu ber of the vehicle, if available the site. If it is determined at the hearing at the vehicle was placed on the land with- out the consent of the owner of the land and that he has not subsequently acquiesced in its presence, the City Council shall not assess the cost administration or removal of th hicle against the property upon the vehicle is located or otherwise a tempt to collect such costs from such owner of the land. If the owner of the land submits a sworn written statement denying re- sponsibility for the presence of the ve- hicle on his land but does not appear, or if an interested party makes a writ- ten presentation to the City Council but does not appear, he shall be noti- fied in writing of the decision. SECTION 11. Five days after adoption of the order declaring the vehicle or parts thereof to be a public nuisance, five days from the date of mailing of notice of the decision if such notice is required by Section 10, or 15 days after such action of the governing body auth- orizing removal following appeal, the vehicle or parts thereof may be disposed of by removal to a scrapyard or auto- mobile dismantler's yard. After a ve- hicle has been removed it shall not thereafter be reconstructed or made operable. SECTION 12. Within five days after the date of removal of the vehicle or parts thereof, notice shall be given to the Department of Motor Vehicles iden- tifying the vehicle or parts thereof re- moved. At the same time there shall be transmitted to the Department of Motor Vehicles any evidence of registration available, including registration certi- ficates, certificates of title and license plates. SECTION 13. If the administrative costs and the cost of removal which are charged against the owner of a parcel of land pursuant to Section 10 are not paid within 30 days of the date of the order, or the final disposition of an appeal therefrom, such costs shall be assessed against the parcel of land pursuant to Section 38773.5 of the Government Code and shall be transmit- ted to the tax collector for collection. Said assessment shall have the same priority as other City taxes. SECTION 14. That Ordinance No. 1387 of the City of National City, and all other ordinances and parts of ordi- nances in conflict with this Ordinance ore hereby repealed. SECTION 15. Effective date. Publica- tion. (As required.) PASSED AND ADOPTED this 9th day of July, 1974. KILE MORGAN Mayor ATTEST: IONE MINOGUE CAMPBELL City Clerk Passed and adopted by the Council of the City of National City, California, on July 9, 1974 by the following vote, to -wit: Ayes: Councilmen Camacho, Dalla, Pinson, Reid, Morgan Nays: Councilmen None Absent: Councilmen None Abstain: Councilmen None AUTHENTICATED BY: KILE MORGAN Mayor of the City of National City, California IONE MINOGUE CAMPBELL. City Clerk of the City of National City, California I HEREBY CERTIFY that the forego- ing ordinance was not finally adopted until seven calendar days had elapsed between the day of its introduction and the day of its final passage, to wit, on July 2, 1974 and on July 9, 1974 I FURTHER CERTIFY THAT said ordi- nance was read in full prior to its final passage or that the reading of said ordinance in full was dispensed with by a vote of not less than a majority of the members elected to the Council, and that there was available for the consideration of each member of the Council and the public prior to the day of its passage a written or printed copy of said ordinance. I FURTHER CERTIFY that the above and foregoing is a full, true and cor- rect y of ORDINANCE NO. 1433 of he i of National Cit .assed and y the Council .. fluid City on eat) S/IONE INOGUE MPBELL City'° Clerk of the City of N tional City, California HEREBY CERTIFY that the been duly published according (Seal) City erk of the ity of Nonal City, California CITY 0 NATIONALTIONAL CIT.a., CALIFORNIA 1243 NATIONAL AVE. • NATIONAL CiTY, CA 92050 • (714) 477-1131 MAL.COLM C. GERSCHLER Planning Director l`.OTICE OF INTENTION TO A5ATE AND REMOVE AN ASANDCNED, WRECKED, C•IS�.'A',TL ED, OP• INOPERATIVE RATIV VEHICLE OR P[1P.TS THEREOF AS A PU LIC NUISANCE As owner shown on thelast equalized assessment roll of the land located at owner 1 � assessment � , you are hsrehy notified that the undersigned, pursuant to Section 1 or Cr'':,iance 1433 has determined that there exists upon said land an (or parts of an) aba;dcnee, wrecked, dismant ' e;i or inoperative vehicle registered to license number , llhich constitutes a public r uisance pursuant; to the provisions of Ordinance 1433. You are hereby notified to abate sdd nuisance by the r traoval of said vehicle (or 'said parts of a vehicle) within 10 days from the date of mailing of this notice, and upon your failure to do so the same will be abated and removed by the City of i! tj(;';i1 City and the comets thereof, together with administrative costs, assessed toyou as 0..4nor of the land on which said vehicle (or said parts of a v-ahiclo'l is Ic,:.at.ac` As owner of the land on which said vehicle (or said parts of a von c l ) i l ocatcd , you are *nerehy notified t}: t you Iiiay, , within 10 days after the mailing of f this notice of intention, request a public hearing and if sucn a regses v is not Y :co v ei , y the �`i ty Clerk within such 10-day - r i the City i•'arsager shall have the authority -.., to abate and re * I . ove ':.aid vehicle (cr siid1 p?rts of a vehicle) as a public misance � assess he costs as aforesaid without a public hearing. You may sutmi a s`iorn wri Ctoo statnt within such 10-day period denying responsibility for the preserc :? of s.. i ti vehicle (or said parts of a vehicle; off said land, ',iith your reasons nia i , such statement shall be construed as a request for haring at wh eh your pt'•=':":'~;co is not required. You may appear in person at any hearing requested by you ,. f. ,M! - , wer of the vehicle, or, in lieu thereof may present a sworn vdr itten state-nlc es of cal os: id in tiwe for consideration at such hearing. CO . i1p ".am Notice Mailed City Nanager This is a new form being used by the Planning Department. We may get calls or mail in this regard. Mq