HomeMy WebLinkAbout11 ABANDONED VEH. 12-01-97DATE:
DECEMBER 1, 1997
NO. 11
12-1-97
In t e r-C o
TO'
WILLIAM A. HUSTON, CITY MANAGER
FROM: COMMUNITY DEVELOPMENT DEPARTMENT
SUBJECT:
CODE AMENDMENT TO ARTICLE 4, CHAPTER 5
INOPERATIVE VEHICLES (ORDINANCE 1188)
-ABANDONED AND
RECOMMENDATION
That the City Council introduce and have first reading of Ordinance No. 1188 and set the
Ordinance for second reading at the Council's next scheduled meeting.
FISCAL IMPACT
This is a city initiated project. There are no direct fiscal impacts associated with the
adoption of Ordinance No. 1188. Abatement of nuisance vehicles will be administered by
Community Development Department Code Enforcement staff. While the City has the
ability to recover any costs of abatement not recovered from the property owner or vehicle
owner from the Orange County Transportation Authority's Service Authority Abandoned
Vehicle Program, the program does not offer full cost recovery and there is no guarantee
that future requests for funds from the SAAV program will be approved. Therefore, a
provision is included in the revised ordinance that will allow the City to recover the cost of
administrative services and materials should this become necessary.
City Council Report
Revision of Abandoned and Inoperative Vehicle Ordinance
December 1, 1997
Page 2
ENVIRONMENTAL ASSESSMENT
The California Environmental Quality Act (CEQA) applies to projects that have the
potential to cause a significant effect on the environment. Section 15061(b)(1) of the
Public Resources Code provides an exemption for "nonprojects" when "it can be seen with
reasonable certainty" that no environmental effect will occur. Ordinance No. 1188 will not
result in any actions that cause a significant effect on the environment.
BACKGROUND/DISCUSSION
In administering the abatement of nuisance vehicles, code enforcement staff uses the
Property Maintenance Code (TCC Section 5502(a)) in conjunction with the Abandoned and
Inoperable Vehicle Code (TCC Section 4500). The Property Maintenance Code identifies
an abandoned and/or inoperable vehicle as a nuisance and the Abandoned and
Inoperable Vehicle Code provides the process for abating a nuisance vehicle.
The Abandoned and Inoperable Vehicle Ordinance providing for the abatement and
removal of nuisance vehicles was originally adopted in 1968. In 1973, the City Code was
amended to include provisions that require City Council approval prior to the issuance of
a Notice to Abate, and a City Council public hearing prior to removal of a vehicle.
In 1991, the City Council amended the property maintenance standards in its entirety. The
Council found that areas of the City were undergoing social, economic and physical
deterioration resulting in an increase in crime, noise pollution, lack of adequate parking,
trash and debris buildup, physical deterioration of the City's housing stock, visual blight,
dying landscaping, rodent infestation and graffiti buildup. The problem of abandoned,
dismantled, wrecked and inoperable vehicles was recognized by the inclusion of a code
provision identifying them as nuisances; however, without the complementary revision of
the Abandoned and Inoperable Vehicle Code to deal with the problem, the process of
dealing with nuisance vehicles is cumbersome and time-consuming.
In 1996, Code Enforcement staff processed 28 nuisance vehicle cases in the southwest
Tustin area. An additional 65 complaints were processed for nuisance vehicles outside
of the southwest area for a total of 93 nuisance vehicle cases. In those cases where
voluntary compliance was not obtained, nuisance vehicles have remained in place for
months before they have been removed; others have not been removed at all and continue
to be nuisances. The revised ordinance will allow the City to tow nuisance vehicles which
are not voluntarily removed and to recover costs from the SAAV program or charge the
property or vehicle owner for the cost of administrative services and materials for vehicle
City Council Report
Revision of Abandoned and Inoperative Vehicle Ordinance
December 1, 1997
Page 3
removal. Due to the growing number of nuisance vehicles, it has become impractical to
seek City Council approval to issue a Notice to Abate for each abandoned and/or
inoperable vehicle and then to request a City Council hearing to authorize the towing of
each nuisance vehicle. Staff anticipates that initially there will be a significant amount of
abatement activity in dealing with the backlog of cases; however, subsequent abatement
activity should be significantly reduced.
The revised ordinance will allow Code Enforcement staff to issue a Notice of Intention to
Abate without having to seek City Council approval. Essentially, the Notice to Abate will
inform the property owner that a nuisance vehicle exists on his/her property and that if the
vehicle is not removed by the property owner within ten (10) days, it will be towed by the
City, and the costs for removal, and the administrative costs, may be assessed to the
property owner. If the nuisance vehicle is removed by the property or vehicle owner prior
to the end of the initial ten day period, the City will submit a request to the OCTA SAAV
program for reimbursement. The notice will also inform the property owner of his or her
right to request a hearing. A hearing would postpone the removal of the vehicle pending
the outcome of the hearing.
Exhibit A provides the detailed text of Ordinance No. 1188. In summary, the Ordinance
will:
Streamline the towing process by reducing the number of steps required to abate
a nuisance vehicle.
Eliminate the need for the City Council to authorize the issuance of a Notice to
Abate.
Eliminate the requirement for a public hearing to be held automatically prior to
abatement of a vehicle. Under the revised code, a public hearing would be required
only if an interested party requests a hearing.
The Community Development Director or a designee will serve as the hearing
officer for any requested hearing.
Primary responsibility for the implementation and management of the private
property towing program will be transferred from the Chief of Police to the
Community Development Director. This is appropriate since towing from private
property is historically performed by code enforcement and not the police.
Presently, the Tustin Police Department forwards to Code Enforcement staff all
cases pertaining to vehicle code violations on private property.
City Council Report
Revision of Abandoned and Inoperative Vehicle Ordinance
December 1, 1997
Page 4
The proposed Ordinance is consistent with the ordinances established by other cities that
have aggressive nuisance vehicle abatement programs while allowing due process for a
property owner or vehicle owner to appeal the decision to remove the nuisance vehicle.
The revised ordinance will allow a ten day period in which the property owner or vehicle
owner could request a public hearing on the question of abatement and/or the recovery
of any administrative services and materials. The hearing officer would then determine
whether the vehicle or parts have been abandoned, dismantled or is inoperative and may
order their removal as a nuisance. A property or vehicle owner also has the right to
appeal any decision of the hearing officer to the City Council which may affirm, amend or
reverse the order of the hearing officer or take other appropriate action.
The City..~ttorney has reviewed and approved Ordinance No. 1188 as to content and form.
/l~lar~/G'aiva--'~-.~~ Elizabeth A. Binsack
Code/Enforcement Officer' Community Development Director
Attachments:
Exhibit A - Draft Ordinance No. 1188
Exhibit B - Existing Tustin City Code Article 5, Chapter 5 Abandoned and
Inoperable Vehicles
g:/ccreport/vehabat.cc
last draft: November 21,1997
1 ORDINANCE NO. 1188
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AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN
AMENDING TUSTIN CITY CODE ARTICLE 4, CHAPTER 5 RELATING
TO REMOVAL OF ABANDONEDAND INOPERATIVE VEHICLES OR PARTS
THEREOF FROM PRIVATE PROPERTY OR PUBLIC PROPERTY, AND
RECOVERY OF THE COSTS OF ADMINISTRATION THEREOF AS
AUTHORIZED BY SECTION 22660 OF THE CALIFORNIA VEHICLE
CODE.
The City Council of the City of Tustin DOES HEREBY ORDAIN as
follows:
Section 1. Findinqs. The City Council of the City of
Tustin finds and determines as follows:
A,
The accumulation and storage of abandoned, wrecked,
dismantled or inoperative vehicles, or parts thereof, on
private or public property, may create conditions that
reduce the value of private property, promote blight and
deterioration, invite plundering, create fire hazards,
constitute attractive nuisances, create a harborage for
rodents and insects and to be injurious to the health,
safety and general welfare.
B .
The presence of an abandoned, wrecked, dismantled or
inoperative vehicle or part thereof, on private or public
property, except as expressly hereinafter permitted,
constitutes a public nuisance which may be abated in
accordance with the provisions of this Chapter.
C ,
Since Code Enforcement is responsible for abating
nuisance vehicles from private property it would be
appropriate to transfer the management of the towing
program from the Chief of Police to the Community
Development Director.
m .
The requirement for a City Council hearing prior to the
issuance of each Notice of Intention to Abate and prior
to each tow is impractical due to the growing number of
nuisance vehicles.
E o
The revised code will allow for an aggressive towing
program while streamlining the towing process allowing
appeals to the City Council of any decision made by.the
Community Development Director or his/her designee acting
in the capacity of hearing officer.
Section 2. Article 4, Chapter 5 of the Tustin City Code is
hereby amended to read as follows:
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Ordinance No.
Page 2
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4502
CHAPTER 5
ABANDONED AND INOPERATIVE VEHICLES
PURPOSE
The purpose of this chapter is to abate and remove
abandoned, wrecked, dismantled or inoperative vehicles or
parts thereof from private or public property as public
nuisances by the authority granted by the State under
~ Section 22660 of the Vehicle Code.
DEFINITIONS
For the purposes of this Chapter, the following terms
shall be defined as follows:
"Abandoned Vehicle" means a vehicle to which possession,
including all rights and title, has been relinquished; or
a vehicle which has been left upon public or private
property for more than 72 consecutive hours without the
express or implied consent of the owner or person in
lawful possession or control of the property.
"Administrative Costs" means all costs including but not
limited to the actual cost of removing a nuisance vehicle
or parts thereof, staff time used to conduct inspections,
perform research, prepare notices and letters, prepare
documentation, postage, conduct hearings, process
appeals, perform collection activities and coordinate
towing.
"Day" means a calendar day unless specified otherwise.
"Designee" or "Designated Officer" 'means any code
enforcement officer or other city staff as designated by
the Director of Community Development.
"Dismantled Vehicle" means a vehicle which is partly or
wholly dismantled in such a way as to render the vehicle
unsafe or illegal to operate on any public street.
"Disposition" or "Final Disposition" means that a vehicle
shall be disposed of by removal to a scrap yard,
automobile dismantler's yard, or other suitable site for
processing as scrap.
"Highway" means a street, way or place of whatever
nature, publicly maintained and open to the use of the
public for purposes of vehicular travel.
"Inoperative Vehicle" means a vehicle which cannot be
moved under its own power.
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Ordinance No. 1188
Page 3
4503
"Property Owner" means the owner of land upon which the
vehicle is located as shown on the last equalized
assessment roll.
"Public Property" means parks, squares, plazas,
sidewalks, alleys, and all areas dedicated to public use
fOr public purposes but not including highways.
"Public Nuisance" means a condition which is offensive,
annoying to the senses, detrimental to property values
and community appearance, an obstruction to or
interference with the comfortable enjoyment of adjacent
property, or hazardous or injurious to the health, safety
Or welfare of the general public.
"Street" means all that area dedicated to private or
public use for private or public street purposes and
includes, but is not limited to, roadways, parkways,
alleys and sidewalks.
"Vehicle" means a device by which any person or property
may be propelled, moved, or drawn upon a highway, street
or other area, except a device moved by human power or
used exclusively upon stationary rails or tracks.
"Vehicle Owner" means the last registered and/or legal
owner of the vehicle.
"Wrecked" means any damage sustained to a vehicle which
renders it unsafe or illegal to operate on any public
street.
PROHIBITIONS
a
It shall be unlawful for any person to abandon,
park, store, or leave any licensed or unlicensed
vehicle or parts thereof, which are in an
abandoned, wrecked, dismantled or inoperative
condition upon any private or public property
within the City except as otherwise provided in
this Chapter.
b
It shall be unlawful for .any property owner to
permit the abandonment, parking, storing or leaving
of any licensed or unlicensed vehicle or parts
thereof, which are in an abandoned, wrecked,
dismantled or inoperative condition upon his or her
private property within the City except as
otherwise provided in this Chapter.
It shall be unlawful for any person to fail or
refuse to remove an abandoned, wrecked, dismantled
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Ordinance No. llb~
Page 4
4504
4505
4506
or inoperative vehicle or parts thereof or refuse
to abate such nuisance when ordered to do so in
accordance with this Chapter.
EXCEPTIONS
This Chapter shall not apply to a vehicle or parts
thereof which are:
Completely enclosed within a building in a lawful
manner where it is not visible from a street or
other public or private property;
b
Enclosed within a solid, view obscuring fence not
less than six (6) feet in height and is not plainly
visible from a street, public property, and private
property when effectively screened from view.
Stored or parked in a lawful manner on private
property in connection with the business of a
licensed dismantler, licensed vehicle dealer, a
junk yard, or when such storage or parking is
necessary to the operation of a lawfully conducted
business or commercial enterprise.
ADMINISTRATION AND ENFORCEMENT
Except as otherwise provided herein, the provisions of
this Chapter shall be administered and enforced by the
Director of Community Development or designated officers.
In the enforcement of this Chapter 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 or cause the removal
of a vehicle or parts thereof after compliance with
Sections 4506 through 4510 of this Chapter. Prior to
entering enclosed private property, enforcement officers
shall attempt to obtain the property owner's consent. If
consent to enter enclosed private property for purposes
of this Section has been sought and refused, or facts-and
circumstances exist to justify a failure to seek such
consent, an inspection warrant shall be obtained pursuant
to the Code of Civil Procedure.
NOTICE OF INTENTION TO ABATE
A ten (10) day notice of intention to abate and
remove the vehicle or parts thereof as a public
nuisance shall be sent, by registered and/or
certified mail, to the property.owner and to the
vehicle owner, unless the vehicle is in such a
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Ordinance No. 1188
Page 5
condition that identification numbers are not
available to determine ownership.
The ten (10) day notice of intention to abate shall
contain a statement of the hearing rights of the
property owner and the vehicle owner. The
statement shall include notice that the property
owner may appear in person at the hearing or may
submit a sworn written statement denying
responsibility for the presence of the vehicle upon
the subject property, with the reasons for such
denial.
A ten (10) day notice of intention to abate is not
required if:
The property owner and the vehicle owner have
signed releases authorizing removal and
waiving further interest in the vehicle or
parts thereof.
2. Ail of the following apply:
a)
The inoperable vehicles or parts thereof
are located on property which is zoned
for agricultural use or is not developed
with a residence;
The vehicle or parts thereof is
inoperable due to the absence of a motor,
transmission, or wheels and is incapable
of being towed;
c)
The vehicle or parts thereof is valued at
less than two hundred dollars ($200.00)
by the investigating officer;
The investigating officer has determined
that the vehicle or parts thereof is a
public nuisance presenting an immediate
threat to public health or safety,
e)
The property owner has signed a release
authorizing removal and waiving further
interest in the vehicle or part thereof.
.
The motor vehicle is parked, resting or
otherwise immobilized on any public property
and lacks an engine, transmission, wheels,
tires, doors, windshield, or any other part or
equipment necessary to operate safely.
Ordinance No. 11~
Page 6
d
Prior to final disposition of such a vehicle or
parts thereof, the City shall provide .notification
by registered and/or certified mail to the
registered and legal owner of the vehicle owner of
intent to dispose of the vehicle or parts. If the
vehicle or parts thereof are not claimed and
removed from the scrap yard, automobile
.dismantler's yard or public disposal area within
twelve (12) days'after the ~notice is mailed, final
disposition may proceed.
8 4507
REQUEST FOR HEARING
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b
If a request for hearing is received from the
property owner or vehicle owner within ten (10)
days after mailing the notice of intention to
abate, the City shall hold an administrative
hearing on the question of abatement and removal of
the vehicle or parts thereof and assessment of
costs. A sworn written statement from the property
owner denying responsibility for the presence of
the vehicle on the subject property, shall serve as
a request for hearing which does not require the
presence of the property owner. If a request for
hearing is not received within ten (10) days after
mailing the notice, the City shall have the
authority to abate and remove the vehicle or parts
thereof as a public nuisance without holding a
hearing.
If a timely request for hearing is received the
City shall provide notice of the hearing by
registered or certified mail to the property owner
and the vehicle owner, if identifiable, at least
ten (10) days before the hearing. The owner of the
vehicle shall be provided similar notice, unless
the vehicle is in such condition that
identification numbers are not available to
determine ownership.
23 4508
HEARINGS
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The Community Development Director or designee
shall act as the hearing officer for all
administrative hearings under this Chapter. The
hearing officer shall hear all pertinent facts and
testimony which may include information on the
condition of the vehicle or parts thereof and the
circumstances concerning its location on the
private or public property. The hearing officer
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Ordinance No. 1188
Page 7
4509
shall not be limited by the techniCal rules of
evidence.
The hearing officer may impose such conditions and
take such other action as deemed appropriate under
the circumstances to carry out the purpose of this
Chapter, including delaying the time for removal of
the vehicle or parts thereof if justified by the
circumstances. At the conclusion of the hearing,
the hearing officer may order the vehicle or parts
thereof removed from the property as a public
nuisance and disposed of as provided by the
California Vehicle Code. The order requiring
removal shall include a description of the vehicle
or parts thereof and the correct identification
number and license plate number of the vehicle, if
available.
C ~
If an interested party makes a written presentation
to the hearing officer but does not appear, written
notification of the decision of the hearing officer
shall be provided to the interested party within
five (5) days following the decision.
The hearing officer may impose a requirement that
the land be posted with signs in such size and
number to be determined by the hearing officer
prohibiting dumping of vehicles or other material
or trespassing on said land. Failure of the
property owner to obey an order to post signs shall
result in the liability of said property owner for
the cost of removal of any vehicles found abandoned
on said land after thirty (30) days from the date
of any order in writing rendered by the hearing
officer requiring the posting of said signs.
APPEALS
The property owner or vehicle owner may appeal the
decision of the hearing officer by filing a written
notice of appeal with the City Clerk within five (5)
business days after the decision by the hearing officer.
The City Clerk shall give at minimum a ten (10) day
Written notice of the time and place of the hearing to
the property owner and the vehicle owner. Such appeal
shall be heard by the City Council which may affirm,
amend or reverse the order or take other action deemed
appropriate. In conducting the hearing the City Council
shall not be limited by the technical rules of evidence.
The decision of the City Council shall be final.
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Ordinance No. 11o_
Page 8
4510
ASSESSMENT OF CHARGES
Charges shall be assessed based on the actual amount of
administrative time expended and any cost of materials.
City personnel or any private contractor authorized to
abate the nuisance vehicle shall keep an account of the
cost, including incidental and administrative expenses,
of abating the nuisance vehicle'(s) on each separate lot
or parcel of land where the work is performed and shall
include an itemized accounting in writing to be included
in the case file. The term "incidental and
administrative expenses" shall include., but not be
limited to, the actual expenses and costs of the City,
including labor and material, in the preparation of
notices, performing inspections, gathering property and
vehicle owner information, time and materials expended in
conducting an initial hearing or a hearing on appeal to
the City Council, cost of legal fees expended in obtained
an inspection warrant or prosecuting a case through the
City Attorney's office, costs for film processing, costs
for towing, the costs of copying, printing and mailing.
Ail administrative costs and the cost of removal of
the vehicle may be charged against the property
owner unless an administrative hearing is held, and
it is determined that the vehicle was placed on the
land without the consent of the property owner and
the property owner has not subsequently acquiesced
to its presence, or with the consent of the
property owner but subsequently abandoned without
the consent of the property owner.
If the administrative costs and the cost of removal
which are charged against the property owner are
not paid within thirty (30) days of the date of the
order, or the final disposition of an appeal,
whichever is later, such costs may be sent to a
collection agency, to the City Attorney for
necessary legal action, ~or 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. An assessment on the
property shall have the same priority as other
taxes.
If the hearing officer determines that the~property
owner is not responsible for administrative costs
and the cost of removal, said costs may be billed
to the vehicle owner.
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Ordinance No. 1188
Page 9
4511
If the administrative costs and cost of removal of
the vehicle are charged against the vehicle owner,
a bill covering the charges shall be sent to the
vehicle owner by the City Finance Director. If the
bill is not paid within thirty (30) days after
mailing, or the final disposition of an appeal,
whichever is later, it may be transmitted to a
collection agency or to the City Attorney for
necessary legal action.
REMOVAL OF VEHICLES
b
An order for abatement and removal of a vehicle
shall include a description of the vehicle or parts
thereof and the correct identification number and
license plate number, if available.
The City may have the vehicle or parts thereof
disposed of by removal to a scrap yard, automobile
dismantler or suitable site for processing as scrap
upon the last occurrence of the following:
o
Immediately upon the expiration of the ten
(10) day notice of intention to abatel
provided there is no request for a hearing; or
,
Five (5) business days after mailing of
notice of an order to abate as determined at
the administrative hearing, provided there is
no appeal; or
,
Immediately upon a ruling by the City Council
to proceed with the abatement.
After a vehicle has been removed, it shall not
thereafter be reconstructed or made operable unless
it is a vehicle which qualifies for either
horseless carriage license plates or historical
vehicle license plates.
4512
NOTICE TO STATE AGENCIES
Prior to the removal of any abandoned vehicle, the
City shall give written notice to the nearest
office of the California Highway Patrol of the
identity of the vehicle and its location.
Within five (5) days after removal of the vehicle,
the City shall give written notice to the
Department of Motor Vehicles identifying the
vehicle or parts thereof and any evidence of
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Ordinance No. 118~
Page 10
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registration including but not limited to license
plates and registration and ownership certificates.
REGULATION NOT EXCLUSIVE
This Chapter is not the exclusive regulation of
abandoned, wrecked, dismantled or inoperative vehicles
within the City of Tustin. It shall supplement and be in
addition to other regulatory codes, statutes and
ordinances enacted by the City of Tustin, the State or
any other legal entity or agency having jurisdiction.
AUTHORITY TO ENTER PROPERTY FOR REMOVAL
If the City Council or Police Department has contracted
with or granted a franchise to any person or persons to
perform such services, such person or 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 public nuisance pursuant
to this Chapter.
NO CITY LIABILITY
Neither the City nor any contractor thereof shall be
liable for damage caused to a vehicle or parts thereof by
removal pursuant to this Chapter.
Section 3.
Severability
Ail of the provisions of this ordinance shall be construed
together in order to accomplish the purpose of these
regulations. If any provision of this part is held by a court
to be invalid or unconstitutional, such invalidity or
unconstitutionality shall apply only to the particular facts,
or if a provision is declared to be invalid or
unconstitutional as applied to all facts, all of the remaining
provisions of this ordinance shall continue to be fully
effective.
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Ordinance No. 1188
Page 11
PASSED AND ADOPTED by the City Council of the City of Tustin at a
regular meeting on the day of , 199__
JEFFERY M. THOMAS
MAYOR
PAMELA STOKER
CITY CLERK
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
CITY OF TUSTIN )
ORDINANCE CERTIFICATION
SS.
ORDINANCE NO. 1188
PAMELA STOKER, City Clerk and ex-officio Clerk of the City
cOuncil of the City of Tustin, California, does hereby certify that
the whole number of the members of the City Council of the City of
Tustin is five; that the above and foregoing Ordinance was duly and
regularly introduced and read at the regular meeting of the City
Council held on the 1st day of ,December, 1997 and was given its
second reading, passed and adopted at a regular meeting of the City
Council held on the day of , 1997 by the
following v~te:
COUNCILPERSONS AYES:
COUNCILPERSONS NOES:
COUNCILPERSONS ABSTAINED:
COUNCILPERSONS ABSENT:
PAMELA STOKER, City Clerk
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