HomeMy WebLinkAboutORD 600 (1973) ORDINANCE NO. 600
AN ORDINANCE OF THE CITY OF TUSTIN AMENDING CHAPTER
5 OF THE TUSTIN CITY CODE RELATING TO REMOVAL OF
ABANDONED WRECKED, DISMANTLED OR INOPERATIVE VEHICLES
OR PARTS THEREOF FROM PRIVATE PROPERTY OR PUBLIC
PROPERTY, NOT INCLUDING HIGHWAYS AND RECOVERY OF COSTS
OF ADMINISTRATION THEREOF AS AUTHORIZED BY SECTION
22660 OF THE CALIFORNIA VEHICLE CODE.
The City Council of the City of Tustin, California, does
ordain as follows:
SECTION I:
That Chapter 5 of the Tustin City Code be, and the same
is hereby amended to read as follows:
"CHAPTER 5 ABANDONED· WRECKED, DISMANTLED OR INOPERATIVE
VEHICLES.
Section 4510 Purposes
"The City Council does find and determine that the
accumulation and storage of abandoned· wrecked· dismantled
or inoperative vehicles, or parts thereof· on private or
public property· not including highways, is hereby found
to create a condition tending to reduce the value of
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
insects and to be injurious to the health· safety and
general welfare. Therefore·. the presence of an abandoned,
wrecked· dismantled or inoperative vehicle or part thereof,
on private or public property not including highways,
except as expressly hereinafter permitted, is hereby
declared to constitute a public nuisance which may be
abated as such in accordance with the provisions of this
ordinance.
"The above determination is in addition to and in
accordance with the authority granted by the State of
California under Section 22660 of the Vehicle Oode to
remove abandoned, wrecked· dismantled or inoperative
vehicles, or parts thereof as public nuisances
"Section 4511 Definitions
"(a) Vehicle. As used in this Chapter, shall 'mean a
device by which any person or property may be
propelled· moved, or drawn upon ~ highway~ except
a device moved by human power or used exclusively
upon stationary rails or tracks.
(b) Highway. As used in this Chapter, shall mean a way
or place of whatever nature, publicly maintained
and 9pen to the use of the public for purposes of,.
vehicular travel. Highway includes street.
(c) Public Property. As used in this Chapter, the term
'public property' does not include 'highway.'
(d) Chief of Police. As used in this Chapter shall mean
the Chief of Police of the City of Tustin or his
deputies or authorized representatives.
1 (e) Abandoned Vehicle. For the purpose of this
ordinance, an abandoned vehicle is a vehicle to
2 which possession has been relinquished and to which
vehicle the person or persons re].inquishing
5 possession also intends to re-linquish all right a~d
title in said vehicle to the world. In determining'
4 whether a vehicle has been abandoned, the provision:
of Section 22700 of the California Vehicle Code
shai 1 ,apply.
5 (f) Dismantled Vehicle. For the purpose of this
6 ordinance, a dismantled vehicle is a vehicle from
which the essential parts, as defined by the
7 Vehicle Code, have been removed and ~h ich presents
an outward appearance of having essential parts
removed.
8 (g) Wrecked Vehicle- For the purpose of this ordinance,
9 a wrecked vehicle is a vehicle which has an outward
manifestation or appearance of damage to the
1O essential parts of said vehicle.
(h) -Inoperative Vehicle. For the purpose of this
11 ordinance, an inoperative vehicle is a vehic].e which
is incapable, for mechanical or other reasons, of
12 operating under its own power and moving over
streets or other areas, or is incapable of operating
15 ~i and being moved by the power of another vehicle
over streets or other areas.
"Section 4512 Exclusions
15 "(a) This ordinance shall not apply to a vehicle or
part thereof which is:
i6 (1) Completely enclosed within a bui~iing in a
lawful manner where it is not visible from
17 the street or oth'er public or private property;
(2) Enclosed within a solid fence six (6) feet in
18 height and is not plainly visible from the
street or other public or private property;
19 (3) Enclosed by any other lawful means of screening
and is not plainly visible from the street or
20 other public or private property.
(b) This ordinance shall not apply to a vehicle or part
~l thereof which is stored or parked in a !awf'ul
manner on private property in connection with the
22 business of a licensed dismantler, lice~sed vehicle
dealer, a junk dealer, or when such storage or
~5 parking is necessary to the operation of a lawfully
conducted business or commercial enterprise.
24 (c) Nothing in this section shall authorize the
maintenance of a public or private nuism~nce as
25 defined under provisions of law other titan Chapter
10 (commencing with Section 22650) of Division I1
26 of the-Vehicle Code and this ordinance.
27 [~ "Section 4513 Scope of ap_Dlication of requlations
"The ordinance here in shall apply to the impounding, reinova
~8 from, or screening from public view on private property
or on publi'c property of all of the following:
~9 (1) Any and all parts of vehicles.
(2) All abandoned vehicles.
50 (3) All vehicles which are both wrecke<Y~. and in-
operative. Nothing con'tained herein shal I be
51 construed to apply to a vehicle which is
wrecked but operative, nor to a vehicle which
~p. is inci~cr~tivc but net ~.~recked.
1 (4) Vehicles which are both dismantled and inopera-
tive. Nothing contained herein shall be
2 construed to apply to a vehicle which presents
an outward appearance of being dismantled but
3 is operative, nor to a vehicle which is
~"' inoperative but does not appear outwardly to
4 be dismantled.
5 "Section 4514 Regulation not exclusive.
"This ordinance is not the exclusive regulation of abandoned,
wrecked, dismantled or inoperative vehicles within the
City of Tustin. It shall supple'ment and be in addition to
the other regulatory codes, statutes and ordinances hereto-
8 fore or hereafter enacted by the City of Tustin, the State
or any other legal entity or agency having jurisdiction.
9
10 ~! "Section 4515 Administration and enforcemen~
"Except as otherwise provided herein, the provisions of this
ordinance shall be administered and enforced by the Chief of
11 ~ Police and his designated officers. In the enforcement of
12'~ this ordinance such officers may enter upon private or public
property to examine a vehicle or parts thereof or obtain
information as to the identity of a vehicle and to remove
13 or cause the removal of a vehicle or part thereof declared
to be a .nuisance pursuant to this ordinance.
14
"Section 4516 Removal of vehicle or parts by authorized
15 - persons
--- "The Chief of Police and his designated officers may
16 authorize and direct any other person or persons to enter
upon private or public property to remove or cause the
17 removal of a vehicle or parts thereof declared to be a
nuisance pursuant to this ordinance. At such time as the
18 City. Council has contracted with or granted a franchise to
any person or persons, such person or persons shall be
~9 authorized to enter upon private or public property to remove
or cause the removal of a vehicle or parts thereof declared
20 to be a nuisance pursuant to this ordinance.
"Section 4517 Administrative costs - Assessmen~
"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 v~hicie or part
thereof) under this ordinance.
~4 "Section 4'518 Abatement of nuisance - Notice to aba~e
"(a) It is hereby made the duty of any owner, lessee or
25 occupant of any grounds or lots or any real proper~y
within the corporate limits of the City of Tustin ~o
26 keep such grounds or lots or any real orooertv free
from abandoned, wrecked, dismantled or inoperative
27 vehicles or parts thereof.
-- (b) If any owner, lessee or occupant of such grounds or
28 lots or any real property shall fail to remove and
keep such premises free from abandoned, wrecked, ,.
29 dismantled or inoperative vehicles or parts thereof,
~0 the City Council of the City of Tustin may aut}~orize
the Chief of Police to give notice to said owner,
lessee or occupant of such premises to abate the
51I nuisance and to remove said abandone.t, wrecked, dis--
mant].ed or inoperative vehicles or parts thereof ~'izhir.
Z, 2 ,~ period pat- ~ ~-y~ced ten (]O] days.
tl (c) When the City Council shall authorize the Chief of
^"'°"~"~"^~*^* Police to give the notice referred t'.o in (b) of ~-
,l this secl:ion, it shall be the duty of the Chief o~
:~^,~^^~.c^~.r. Police or his deputy to give such Notice to Abate
Nuisance in writing, which notice shall contain a
description of the vd~icle or vehicles or parts
thereof to be removed; and which notice shall be
Served upon the owner of said premises as shown
on the last equalized County assessment roll and/or
upon the lessee or occupant of said premises;
which notice shall be served by depositing said
notice, postage paid, in the United States Post
Office in the City of Tustin, directed to said
owner, lessee or occupant. If the owner is not
known, or resides outside the State of California,
said Notice shall be given by posting a copy
thereof conspicuously on the vehicle or vehicles
or parts thereof to be removed, for ten (10) days
which service of posting shall be deemed to be
completed ten (10) days after posting. Such notice
shall specify that if the vehicle or vehicles or
parts thereof are not removed within a period of
ten (10) days after said notice that a public
hearing shall be held on the question of abatement
and removal of the vehicle or parts thereof and
the assessment of the administrative costs and the
cost of removal of the vehicle or parts thereof
against the property on which it is located.
"Section 4519 Public Hearing and Notices required
"If the owner, lessee or occupant of such premises does
not abate the nuisance and remove the vehicle or parts
-thereof within' ten (10) days after notice mentioned in
Section 4518 of this Chapter, a public hearing shall be
held on the question of abatemen.~ and removal of the
vehicle or parts thereof as an abandoned, wrecked, dis-
mantied or inoperative vehicle and 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. Notice of hearing shall be mailed at least
ten (10) days before the hearing by certified mail, with a
five (5) day return requested, to the owner of the land
as shown on the last equalized County 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 undelivered by the
United States Post Office, the hearing shall b~ continued
to a date 'not less than ten (i0) days from the date of
such return. The failure to receive the mailed notices
required herein shall not affect in any manner the validity
of any abatement proceeding hereunder providing a notice
of the proceeding has been posted on the vehicle or parts
thereof sought to be removed, at ].east ten (10) days before
the hear ing.
"Section 4520 Notice of !tearing .to..Calif~ornia t~iqhwav Patrcl
"Notice of hearing shall also be given to the California
Highway Patrol identifying' the vehicle or part thereof
proposed for~ removal, such notice to be mailed at least
ten (10) days prior to the public hearing by the Chief of
Police or his deputy.
"Section 4.521 r~.~hlic Heari.n~s - Po~.~ers of Hearing Officers
"All hearings under this ordinance shall be held before
the Chief of Police or his deputy who shall hear all
facts and testimony he denims pertinent. Said facts and
testimony may include-testimony on the condition of the
1 vehicle or part thercof and the circumstances concerning
its location on the said private property or public
~ property. The hearing officer shall not .be limited by
'the technical rules of evidence. The owner of the land
~ on Which the vehicle is located may appear in person at
_. th~ hearing or present a written statement in time for
4 consideration, and deny responsibility for the presence
of the vehicle on the land with his reasons for such denial.
"The hearing 'officer may impose such conditions and take
~ such other action as he deems appropriate under the cir-
cumstances to carry out the purpose of this ordinance.
7 He may delay the time for removal of the vehicle or part
thereof if, in his opinion, the circumstances justify it.
8 At the conclusion of the public hearing, the hearing of-
ficer may find that a vehicle or part thereof has been
9 abandoned, wrecked, dismantled, or is inoperative on
private or public property and order the same removed from
10 the property as a public nuisance and disposed of as
hereinafter provided and determine the administrative
11 costs and the cost of removal to be charged against the
owner of the parcel of land on which the vehicle or part
12 thereof is located. The order requiring removal shall
include a description of the vehicle or part thereof and
13 the correct identification number and license number of
the vehicle, if available at the site.
14
"If it shall be proved by the landowner by a preponderance
15 of the evidence affirmatively shown at the hearing that
-_ ~ the vehicle was placed on the .land without the consent
16 of the landowner and that he has not subsequently
acquiesced in its presence, or despite the fact that the
l? vehicle was originally placed on the land with the consent
of the landowner, the vehicle was subsecuently abandoned
18 on said land without the consent of said landowner, the
hearing officer shall not assess costs of administration
19 or removal of the vehicle against the property upon which
the vehicle is located or otherwise attempt to collect
20 such costs from such landowner, provided, however, that
the hearing officer may have discretion to impose a
~1 requirement that the land be posted with signs in such
size and number to be determined by said hearing officer
~2 prohibiting dumping of vehicles or other material or
trespassing on said land. Failure of the landowner to
~5 obey an order to post signs shall result in the liability
of said l°andowner for the cost of removal of any vehicles
24 found abandoned on said land thirty (30) days after the
date of any order in writing rendered by the hearing
~5 officer requiring the posting of said signs.
~6 "Said costs will be assessed against and billed to the
last registered and legal owner of the vehicle if it is
~? determined that the last registered and legal owner was
responsible for or acquiesced in the presence of the vehicle
"' 28 or part thereof on the said private or public property.
~9 "If an interested party 'makes a written presentation to~
the hearing officer, but does not appear, he shall be
30 notified in writing of the decision.
51 "Section 4522 Ap.pea].s
"Any interested party may appeal the decision of 'the
52 hearing officer by filing a 'written notice of appeal with
the said hearing officer within five days after his
decision.
"SuCh appeal shall be heard by the City Council which may
af.'~irm, amend or reverse the order or take other action
deemed appropr late.
"The City Clerk shall give written notice of the time and
place of the,hearing to the appellant and those persons
specified in Section 45!9.
"In conducting the hearing the City Council shall not be
limited by the technical rules of evidence.
"Section 4523 Removal of Vehicle
"Ten (10) days from the date of expiration of the right
of appeal as set forth in Section 4522 of this Chapter,
the vehicle or parts thereof may be disposed of by
removal to a scrapyard or automobile dismantler's yard.
After a vehicle has been removed, it shall not thereafter
be reconstructed or made operahie.
"Section 4524 Notice to Department of Motor Vehicles
"Within five (5) days after the date of removal of the
vehicle or part thereof, notice shall be given to the
California Department of Motor Vehicles identifying the
vehicle or part thereof removed. At the same time there
shall be transmitted to the C~lifornia Department of
Motor Vehicles any evidence of registration available,
including registration certificates, certificates of
title and license plates°
"Section 4525 Administrative and Remo%B1 Cost -
Assessment of CharGes
"If-the administrative costs and the cost of removal
which are charged against the owner of a parcel of land
pursuant to Section 4521 of this Chapter are not paid
within thirty (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 transmitted to the tax collector for collection.
Said assessment shall have the same priority as other
t axe s.
"If the administrative costs and cost of removal of the
vehicle are to be charged against the last registered
and legal owner of the vehicle pursuant to Sectsion 4521
of this Chapter, a bill covering said charges will be
sent to the last registered and legal owner of the
vehicle by the' Finance Direator of the City of Tustin.
If the bill is not paid within thirty (30) days from the
date mailed, it shall be transmitted to the City Attorney
for necessary legal action.
"Section 45~6 Abandonment of Wrecked~ Dismantled or
Inoperative Vehicles Prohibited
"It is unlawful and a misdemeanor for any person ~o abandon,
park, store, or leave or permit the abandonment., parking,
storing or leaving of any licensed or unlicensed vel'~icie
or part thereof which is in an abandoned, wrecked~ dis-
mantled or inoperative condftion upon any privz-~.te property
or pubiiu property not including highways wiuhin rne City
1 for a period in excess of ten (10) days unless such
vehicle or part thereof is:
~ (1) completely enclosed within a bulkling in a
lawful manner where it is not visible from
5 the street or other public or private proper~y;
... -.. (2) enclosed within a legally permitted' solid
4 fence six (6) feet in height and is not
plainly visible from the street or other public
5 or private property;
(3) enclosed by any other lawful means of screening
6 and is not plainly visible from the street or
other public or private property.
"Section 4527 Misdemeanor
8 "It is unlawful and a misdemeanor for any person to fail
or refuse to remove an abandoned, wrecked, dismantled or
9 inoperative vehicle or part thereof or refuse to abate
such nuisance when ordered to do so in accordance with
10 the abatement' provision of this ordinance or State law
where such State law is applicable.,,
PASSED AND ADOPTED at a regular meeting of the City
Council held on the 15th day of October 1973
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SANTA ANA,
~L~P~ONI ~7.1, kOl jl
STATE OF CALIFORNIA)
COUNTY OF ORANGE )ss
CITY OF TUSTIN )
RUTH C. POE, City Clerk and ex-officio Clerk of the City
Council of ~the City of Tustin, California, does hereby
certify that the whole number of members of the City Council
of the City of Tustin is five; that'the above and fore-
going Ordinance No. 600 was duly and regularly introduced
and read at a regular meeting of the City Council held on
the 1st day of October , 197 3 , and was given
its .second reading and duly passed and adopted at a regular
meeting held on the ~5th day of OCtober , 1973~ by
the following vote:
AYES: COUNCILMEN SALTARELLI, WELSH ~ WOODRUFF, SHARP
NOES: COUNCILMEN NONE.
ABSENT: COUNCILMEN LANGLEY
~ty ~it~of Tustin,. California