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HomeMy WebLinkAboutCC ORD 1973-1387 Abandoned vehicles and auto wrecking (Repealed by 1433)Gfir. /45 3 1387 ORDINANCE NO. 1387 AN ORDINANCE ADDING ARTICLE 553 TO CHAPTER SS OF THE NATIONAL. CITY MUNICIPAL CODE TO ADD PROVISIONS FOR PUBLIC NUISANCE VEHICLES AND AMENDING ZONING ORDINANCE 962 OF THE CITY OF NATIONAL CITY TO PROVIDE THAT ONE (1) INOPERATIVE, DISMANTLED OR WRECKED MOTOR VEHICLE SHALL CONSTITUTE PRIMA FACIE EVIDENCE OF AN AUTOMOBILE WRECKING YARD THE CITY COUNCIL OF THE CITY OF NATIONAL. CITY DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. That Article 553 is hereby added to Chapter 55 of the National City Municipal Code to read as follows: Article 553 Public Nuisance Vehicles 5531. PUBLIC NUISANCE, MOTOR VEHICLES. The provisions of this section shall govern the abatement of any public nuisance resulting from removal of motor vehicles, or parts thereof, which are abandoned, wrecked, dismantled, inoperative or placed on blocks for a period exceeding thirty (30) days. "MOTOR VEHICLE" as used in this section shall be defined as set forth in Section 670 of the Vehicle Code of the State of California. 5532. DECLARATION OF NUISANCE. Any motor vehicle which is abandoned, wrecked, dismantled, inoperative or placed on blocks, or any part thereof, for a period of thirty (30) days, located on any private property or public property in the City of National City is hereby declared to be a public nuisance. (a) ABATEMENT. Where such motor vehicle is found to constitute a public nuisance, by reason of its condition and location, as hereinafter provided, said nuisance shall be abated and the motor vehicle, and all parts thereof, shall be removed and disposed of as provided in this section. (b) DECLARATION. Whenever the City Manager finds that any motor vehicle is being maintained contrary to the provisions of this chapter, the City Council shall, by resolution, declare its intent to conduct a public hearing to ascertain whether the same constitutes a public nuisance, the abatement of which is appropriate under the provisions of this section. Said resolution shall describe the vehicle involved, and the property wherein the same is located, including but not limited to the correct identification number and license number thereof. 5533. PUBLIC HEARING. (a) NOTICE OF HEARING. Notice of the hearing, to determine whether a vehicle, or part thereof, constitutes a public nuisance, shall be given at least ten (10) days prior thereto by: (1) Posting a copy of the Council's resolution, which shall specify the time and place of such hearing, conspicuously on the property whereon the motor vehicle is located; and, (2) Serving copies of said resolution on the owner of the land whereon the vehicle is located, whose name appears as such, on the last equalized assessment roll; said resolution shall also be served on the vehicle owner as shown on the last registration of the vehicle, unless the vehicle is in such condition That identification numbers are not available to determine ownership. Such notice shall be given by United States Mail, certified or registered, with five day return requested and postage thereon prepaid. If such mailed notice is returned undelivered, the hearing shall be continued to a date not less than ten (10) days from the date of such return. The failure of any person to receive the notices required hereunder shall not affect the validity of any proceedings taken pursuant to this section. (b) CONDUCT OF HEARING. The owner of land on which the vehicle is located may appear in person at the hearing before the City Council, held pursuant to this section, or present a written statement in time for consideration at the hearing, denying responsibility for the presence of the vehicle on the land, together with his reasons for such denial. If the Council determines that the vehicle was placed upon the land without the consent of the landowner, and that the landowner has not subsequently acquiesced in its presence, the cost of abatement thereof shall not be levied against such property owner. (c) NOTICE OF DECLARATION OF PUBLIC NUISANCE. At the conclusion of the hearing, if the City Council determines that a public nuisance exists, it shall adopt a resolution declaring such motor vehicle to be a public nuisance, which shall be served in the same manner described above. (d) ABATEMENT OF PUBLIC NUISANCE. After a final determination that a motor vehicle, or parts thereof, constitutes a public nuisance within the meaning of this section, the owner of the motor vehicle, and/or the owner of the property whereon the same is located, shall abate the said public nuisance by removing the same in the time set forth in the resolution relating thereto. If such person or persons fail to abate such public nuisance, the City Council shall direct the same to be abated by City forces or private contract in the time and manner permitted by Section 22660 of the Vehicle Code of the State of California 5534. ADMINISTRATION. The pro- visions of this section shall be administered by the City Manager of the City. 5535. EVIDENCE OF REGISTRA- TION. The City Manager shall cause to be forwarded to the department of Motor Vehicles of the State of California, any evidence of registration available, including registration certificates, certificate of title, and license plates, on any vehicle which is declared to be a public nuisance pursuant to this section. The City Manager shall also give notice to said Department, within five (5) days after the removal of any motor vehicle or part thereof, which notice shall identify the vehicle or part thereof removed from the premises where located. 5536. DISPOSAL OF VEHICLES. Motor vehicles or parts thereof, declared to be a public nuisance pursuant to this section, shall be disposed of in the manner provided by Section 22660 of the Vehicle Code of the State of California; provided that, after a motor vehicle has been declared to be a public nuisance, and has been removed from the premises where located, the same shall not be reconstructed or otherwise m operable. 5537! EXCEPTION. This section shall not apply: (a) to a vehicle or part thereof which is completely enclosed within a building or a fence in a lawful manner, where the same is not visible from the street or other public or private property; and/or, (b) to a vehicle or part thereof which is stored or parked in a lawful manner on private property In conjunction with the business of a licensed dismantler, or licensed vehicle dealer; provided, however, that this latter exception shall not authorize the maintenance of any premises Contrary to the provisions of the Zoning Ordinance of the City of National City. SECTION 2. That Section 3, Sub -Section A, Paragraph 11, Ordinance No. %2 (Zoning Ordinance) is hereby amended to read as follows: 11. AUTOMOBILE WRECKING: The dismantling or wrecking of used motor vehicles or trailers or the storage, sale or dumping of wrecked vehicles or their parts. The presence on any lot or parcel of land of a motor vehicle which for a period exceeding thirty (30) days has not been capable of operating under its own power or from which parts have been removed for reuse, or sale, shall constitute prima facie evidence of an automobile wrecking yard. PASSED AND ADOPTED this 2nd day of October, 1973. /s/ Kile Morgan MAYOR ATTEST: lone Minogue Campbell CITY CLERK Passed and adopted by the Council of the City of National City, California, on October 2, 1973 by the following vote, to - wit: Ayes: Councilmen Camacho, Pinson, Reid, Waters, Morgan Nays: Councilmen None Absent: Councilmen None Abstain: Councilmen None AUTHENTICATED BY: KILE MORGAN Mayor of the City of National City, California lone Minogue Campbell City Clerk of the City of National City, California 1 HEREBY CERTIFY that the foregoing ordinance was not finally adopted until seven calendar days had elapsed between the day of its introduction and the day of its final passage, 10 wit, on September 25, 1973 and on October 2, 1973. I FURTHER CERTIFY THAT said ordinance 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 t0 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 correct copy of INANCE NO. 1387 of the City f Nat' nal , passed and adopted th C ncil of s d City on October 2, s/s lone Mi ue Campbell City rk of the City f of National sty, California NC 6087 10-1``1-73 AND I REBY CERTIFY that the me h. be duly published accordin (Seal) City Cle National f the City of y, California