HomeMy WebLinkAboutORD 1188 (1998) 1 ORDINANCE NO. 1188
2 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN
AMENDING TUSTIN CITY CODE ARTICLE 4, CHAPTER 5 RELATING
3 TO REMOVAL OF ABANDONED AND INOPERATIVE VEHICLES OR PARTS
THEREOF FROM PRIVATE PROPERTY OR PUBLIC PROPERTY, AND
4 RECOVERY OF THE COSTS OF ADMINISTRATION THEREOF AS
AUTHORIZED BY SECTION 22660 OF THE CALIFORNIA VEHICLE
5 CODE.
6 The City Council of the City of Tustin DOES HEREBY ORDAIN as
follows:
7
Section 1. Findinqs. The City Council of the City of
8 Tustin finds and determines as follows:
9 A. The accumulation and storage of abandoned, wrecked,
dismantled or inoperative vehicles, or parts thereof, on
10 private or public property, may create conditions that
reduce the value of private property, promote blight and
11 deterioration, invite plundering, create fire hazards,
constitute attractive nuisances, create a harborage for
12 rodents and insects and to be injurious to the health,
safety and general welfare.
13
B. The presence of an abandoned, wrecked, dismantled or
14 inoperative vehicle or part thereof, on private or public
property, except as expressly hereinafter permitted,
15 constitutes a public nuisance which may be abated in
accordance with the provisions of this Chapter.
16
C. Since Code Enforcement is responsible for abating
17 nuisance vehicles from private property it would be
appropriate to transfer the management of the towing
18 program from the Chief of Police to the Community
Development Director.
19
D. The requirement for a City Council hearing prior to the
20 issuance of each Notice of Intention to Abate and prior
to each tow is impractical due to the growing number of
21 nuisance vehicles.
22 E. 'The revised code will allow for an aggressive towing
program while streamlining the towing process allowing
23 appeals to the City Council of any decision made by ,the
Community Development Director or his/her designee acting
24 in the capacity of hearing officer.
25 Section 2. Article 4, Chapter 5 of the Tustin City Code is
hereby amended to read as follows:
26
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Ordinance No. 1188
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CHAPTER 5
3 ABANDONED AND INOPERATIVE VEHICLES
4 4501 PURPOSE
5 The purpose of this chapter is to abate and remove
abandoned, wrecked, dismantled or inoperative vehicles or
6 parts thereof from private or public property as public
nuisances by the authority granted .by the State under
7 Section 22660 of the Vehicle Code.
8 4502 DEFINITIONS
9 For the purposes of this Chapter, the following terms
shall be defined as follows:
10
"Abandoned Vehicle" means a vehicle to which possession,
11 including all rights and title, has been relinquished; or
a vehicle which has been left upon public or private
12 property for more than 72 consecutive hours without the
express or implied consent of the owner or person in
13 lawful possession or control of the property.
14 "Administrative Costs" means all costs including but not
limited to the actual cost of removing a nuisance vehicle
15 or parts thereof, staff time used to conduct inspections,
perform research, prepare notices and letters, prepare
16 documentation, postage, conduct -hearings, process
appeals, perform collection activities and coordinate
17 towing.
18 "Da"
y means a calendar daylunless specified otherwise.
19 "Designee" or "Designated Officer" means any code
enforcement officer or other city staff as designated by
20 the Director of Community Development.
21 "Dismantled Vehicle" means a vehicle which is partly or
wholly dismantled in such a way as to render the vehicle
22 unsafe or illegal to operate on any public street.
23 "Disposition" or "Final Disposition" means that a vehicle
shall be disposed of by removal to a scrap yard,
24 automobile dismantler's yard, or other suitable site for
processing as scrap.
25
"Highway" means a street, way or place of whatever
26 nature, publicly maintained and open to the use of the
public for purposes of vehicular travel.
27
"Inoperative Vehicle" means a vehicle which cannot be
28 moved under its own power.
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"Property Owner" means the owner of land upon which the
3 vehicle is located as shown on the last. equalized
assessment roll.
4
"Public Property" means parks, squares, plazas,
5 sidewalks, alleys, and all areas dedicated to public use
for public purposes but not including highways.
6
"Public Nuisance" means a condition which is offensive,
7 annoying to the senses, detrimental to property values
and community appearance, an obstruction to or
8 interference with the comfortable enjoyment of adjacent
property, or hazardous or injurious to the health, safety
9 or welfare of the general public.
10 "Street" means all that area dedicated to private or
public use for private or public street purposes and
11 includes, but is not limited to, roadways, parkways,
alleys and sidewalks.
12
"Vehicle" means a device by which any person or property
13 may be propelled, moved, or drawn upon a highway, street
or other area, except a device moved by human power or
14 used exclusively upon stationary rails or tracks.
15 "Vehicle Owner" means the last registered and/or legal
owner of the vehicle.
16
"Wrecked,' means any damage sustained to a vehicle which
17 renders it unsafe or illegal to operate on any public
street.
18
4503 PROHIBITIONS
19
a It shall be unlawful for any person to abandon,
20 park, store, or leave any licensed or unlicensed
vehicle or parts thereof, which are in an
21 abandoned, wrecked, dismantled or inoperative
condition upon any private or public property
22 within the City except as otherwise provided in
this Chapter.
23
b It shall be unlawful for .any property owner to
24 permit the abandonment, parking, storing or leaving
of any licensed or unlicensed vehicle or parts
25 thereof, which are in an abandoned, wrecked,
dismantled or inoperative condition upon his or her
26 private property within the City except as
otherwise providedin this Chapter.
27
c It shall be unlawful for any person to fail or
28 refuse to remove an abandoned, wrecked, dismantled
Ordinance No. 1188
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or mnoperative vehicle or parts' thereof or refuse
3 to abate such nuisance when ordered to do so in
-accordance with this Chapter.
4
4504 EXCEPTIONS
5
This Chapter shall not apply to a vehicle or parts
6 thereof which are:
7 a Completely enclosed within a building in a lawful
manner where it is not visible from a street or
8 other public or private property;
9 b Enclosed within a solid, view obscuring fence not
less than six (6) feet in height and is not plainly
10 visible from a street, public property, and private
property when effectively screened from view.
11
c Stored or parked in a lawful manner on private
12 property in connection with the business of a
licensed dismantler, licensed vehicle dealer, a
13 junk yard, or when such storage or parking is
necessary to the operation of a lawfully conducted
14 business or commercial enterprise.
15 4505 ADMINISTRATION AND ENFORCEMENT
16 Except as otherwise provided herein, the provisions of
this Chapter shall be administered and enforced by the
17 Director of Community Development or designated officers.
In the enforcement of this Chapter such officers may
18 enter. upon private or public property to examine a
vehicle or parts thereof or obtain information as to the
19 identity of a vehicle and to remove or cause the removal
of a vehicle or parts thereof after compliance with
20 Sections 4506 through 4510 of this' Chapter. Prior to
entering enclosed private property,.enforcement officers
21 shall attempt to obtain the property owner's consent. If
consent to enter enclosed private property for purposes
22 of this Section has been sought and refused, or facts and
circumstances exist to justify a failure to seek such
23 consent, an inspection warrant shall be obtained pursuant
to the Code of Civil Procedure.
24
4506 NOTICE OF INTENTION TO ABATE
25
a A ten (10) day notice of intention to abate and
26 remove the vehicle or parts thereof as a public
nuisance shall be sent, by registered and/or
27 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
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condition that identification numbers are not
3 available to determine ownership.
4 b The ten (10) day notice of intention to abate shall
contain a statement of the hearing rights of the.
5 property owner and the vehicle owner. The
statement shall include notice that the property
6 owner may appear in person at the hearing or may
submit a sworn written statement denying
7 responsibility for the presence of the vehicle upon
the subject property, with the reasons for such
8 denial.
9 c A ten (10) day notice of intention to abate is not
required if:
10
1. The property owner and the vehicle owner have
11 signed releases 'authorizing removal and
waiving further interest in the vehicle or
12 parts thereof.
13 2. All of the following apply:
14 a) The inoperable vehicles or parts thereof
are located on property which is zoned
15 for agricultural use or is not developed
with a residence;
16
b) The vehicle or parts' thereof is
17 inoperable due to the absence of a motor,
transmission, or wheels and is incapable
18 of being towed;
19 'c) The vehicle or parts thereof is valued at
less than two hundred dollars ($200.00)
20 by the investigating officer;
21 d) The investigating officer has determined
that the vehicle or parts thereof is a
22 public nuisance presenting an immediate
threat to public health or safety,
23
e) The property owner has signed a release
24 authorizing removal and waiving further
.interest in the vehicle or part thereof.
25
3. The motor vehicle is parked, resting or
26 otherwise immobilized on any public property
and lacks an engine, transmission, wheels,
27 tires, doors, windshield, or any other part or
equipment necessary to operate safely.
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d Prior to final disposition of such a vehicle or
3 parts thereof, the City shall provide notification
by registered and/or certified mail to the
4 registered and legal owner of the vehicle owner of
intent to dispose of the vehicle or parts. If the
5 vehicle or parts thereof are not claimed and
removed from the scrap yard, automobile
6 .dismantler's yard or public disposal area within
twelve (12) days'after the notice is mailed, final
7 disposition may proceed.
8 4507 REQUEST FOR HEARING
9 a If a request for hearing is received from the
property owner or vehicle owner within ten (10)
10 days after mailing the notice of intention to
abate, the City shall hold an administrative
11 hearing on the question of abatement and removal of
the vehicle or parts thereof and assessment of
12 costs. A sworn written statement from the property
owner denying responsibility for the presence of
13 the vehicle on the subject property, shall serve as
a request for hearing which does not require the
14 presence of the property owner. If a request for
hearing is not received within ten (10) days after
15 mailing the notice, the City shall have the
authority to abate and remove the vehicle or parts
16 thereof as a public nuisance without holding a
hearing.
17
b If a timely request for hearing is received the
18 City shall provide notice of the hearing by
registered or certified mail to the property owner
19 and the vehicle owner, if identifiable, at least
ten (10) days before the hearing. The owner of the
20 vehicle shall be provided similar notice, unless
the' vehicle is in such condition that
21 identification numbers are not available to
determine ownership.
22
23 4508 HEARINGS
24 a The Community Development Director or designee
shall act as the hearing officer for 'all
25 administrative hearings under this Chapter. The
hearing officer shall hear all pertinent facts and
26 testimony which may include information on the
condition of the vehicle or parts thereof and the
27 circumstances concerning its location on the
private or public property. The hearing officer
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Ordinance No. 1188
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shall not be limited by the technical rules of
3 evidence.
4 b The hearing officer may impose such conditions and
take such other action as deemed appropriate under
5 the circumstances to carry out the purpose of this
Chapter, including delaying the time for removal of
6 the vehicle or parts thereof if justified by the
circumstances. At the conclusion of the hearing,
7 the hearing officer may order the vehicle or parts
thereof removed from the property as a public
8 nuisance and disposed of as provided by the
California Vehicle Code. The order requiring
9 removal shall include a description of the vehicle
· or parts thereof and the correct identification
10 number and license plate number of the vehicle, if
available.
11
c If an interested party makes a written presentation
12 to the hearing officer but does not appear, written
notification of the decision of the hearing officer
13 shall be provided to the interested party within
five (5) days following the decision.
14
d The hearing officer may impose a requirement that
15 the land be. posted with signs in such size and
number to be determined by the hearing officer
16 prohibiting dumping of vehicles or other material
or trespassing on said land. Failure of the
17 property owner to obey an order to post signs shall
result in the liability of said property owner for
18 the cost of removal of any vehicles found abandoned
on said land after thirty (30) days from the date
19 of any order in writing rendered by the hearing
officer requiring the posting of said signs.
20
4509 APPEALS
21
The property owner or vehicl-e owner may appeal the
22 decision of the hearing officer by filing a written
notice of appeal with the City Clerk within five (5)
23 business days after the decision by the hearing officer.
The City Clerk shall give at minimum a ten (10) day
24 written notice of the time and place of the hearing to
the property owner and the vehicle owner. Such appeal
25 shall be heard by the City Council which may affirm,
amend or reverse the order or take other action deemed
26 appropriate. In conducting the hearing the City Council
shall not be limited by the technical rules of evidence.
27 The decision of the City Council shall be final.
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4510 ASSESSMENT OF CHARGES
3
Charges shall be assessed based on the actual amount of
4 administrative time expended and any cost of materials.
5 City personnel or any private contractor authorized to
abate the nuisance vehicle shall keep an account of the
6 cost, including incidental and administrative expenses,
of abating the nuisance vehicles(s) on each separate lot
7 or parcel of land where the work is performed and shall
include an itemized accounting in writing to be included
8 in the case file. The term "incidental and
administrative expenses" shall include, but not be
9 limited to, the actual expenses and costs of the City,
including labor and material, in the preparation of
10 notices, performing inspections, gathering property and
vehicle owner information, time and materials expended in
11 conducting an initial hearing or a hearing on appeal to
the City Council, cost of legal fees expended in obtained
12 an inspection warrant or prosecuting a case through the
City Attorney's office, costs for film processing, costs
13 for towing, the costs of copying, printing and mailing.
14 a All administrative costs and the cost of removal of
the vehicle may be charged against the property
15 owner unless an administrative hearing is held, and
it is determined that the vehicle was placed on the
16 land without the consent of the property owner and
the property owner has not subsequently acquiesced
17 to its presence, or with the consent of the
property owner but subsequently abandoned without
18 the consent of the property owner.
19 If the administrative costs and the cost of removal
which are charged against the property owner are
20 not paid within thirty (30) days of the date of the
order, or the final disposition of an appeal,
21 whichever is later, such costs may be sent to a
collection agency, to the City Attorney for
22 necessary legal action, .or assessed against the
parcel of land pursuant to Section 38773.5 of the
23 Government Code and shall be transmitted to the tax
collector for collection. An assessment on the
24 property shall have the same priority as other
taxes.
25
b If the hearing officer determines that the property
26 owner is not responsible for administrative costs
and the cost of removal, said costs may be billed
27 to the vehicle owner.
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Ordinance No. 1188
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If the administrative costs and cost of removal of
3 the vehicle are charged against the vehicle owner,
a bill covering the charges shall be sent to the
4 vehicle owner by the City Finance Director. If the
bill is not paid within thirty (30) days after
5 mailing, or the final disposition of an appeal,
whichever is later, it may be transmitted to a
6 collection agency or to the City Attorney for
necessary legal action.
7
4511 REMOVAL OF VEHICLES
8
a An order for abatement and removal of a vehicle
9 shall include a description of the vehicle or parts
thereof and the correct identification number and
10 license plate number, if available.
11 b The City may have the vehicle or parts thereof
disposed of by removal to a scrap yard, automobile
12 dismantler or suitable site for processing as scrap
upon the last occurrence of the following:
13
1. Immediately upon the expiration of the ten
14 (10) day notice of intention to abate,
provided there is no request for a hearing; or
15
2. Five (5) business days after mailing of
16 notice of an order to abate as determined at
the administrative hearing, provided there is
17 no appeal; or
18 3. Immediately upon a ruling by the City Council
to proceed with the abatement.
19
c After a vehicle has been removed, it shall not
20 thereafter be reconstructed or made operable unless
it 'is a vehicle which qualifies for either
21 horseless carriage license plates or historical
vehicle license plates.
22
23 4512 NOTICE TO STATE AGENCIES
24 a Prior to the removal of any abandoned vehicle, the
City shall give written notice to the nearest
25 office of the California Highway Patrol of the
identity of the vehicle and its location.
26
b Within five (5) days after removal of the vehicle,
27 the City shall give written notice to the
Department of Motor Vehicles identifying the
28 vehicle or parts thereof and any evidence of
Ordinance No. 1188
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registration including but not limited to license
3 plates and registration and ownership certificates.
4 4513 REGULATION NOT EXCLUSIVE
5 This Chapter is not the exclusive regulation of
abandoned, wrecked, dismantled or inoperative vehicles
6 within the City of Tustin. It shall supplement and be in
addition to other regulatory codes, statutes and
7 ordinances enacted by the City of Tustin, the State or
any other legal entity or agency having jurisdiction.
8
4514 AUTHORITY TO ENTER PROPERTY FOR REMOVAL
9
If the City Council or Police Department has contracted
10 with or granted a franchise to any person or persons to
perform such services, such person or persons shall be
11 authorized to enter' upon private property or public
property to remove or cause the removal of a vehicle or
12 parts thereof declared to be a public nuisance pursuant
to this Chapter.
13
4515 NO CITY LIABILITY
Neither the City nor any contractor thereof shall be
15 liable for damage caused to a vehicle or parts thereof by
removal pursuant to this Chapter.
16
Section 3. Severability
17
All of the provisions of this ordinance shall be construed
18 together in order to accomplish the purpose of these
regulations. If any provision of this part is held by a court
19 to be invalid or unconstitutional, such invalidity or
unconstitutionality shall apply only to the particular facts,
20 or if a provision is declared to be invalid or
unconstitutional as applied to all facts, all of the remaining
21 provisions of this ordinance shall continue to be fully
effective.
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Ordinance No. 1188
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PASSED AND ADOPTED by the City Council of the City of Tustin at a
3 regular meeting on the 5th day of January , 1998
6 J~~~. THOMAS
MAYOR
7
8
PAMEF~ S~d~Ef' I
10 CITY CLERK
11
ORDINANCE CERTIFICATION
12
STATE OF CALIFORNIA )
13 COUNTY OF ORANGE ) ss.
CITY OF TUSTIN )
14
15 ORDINANCE NO. 1188
16
PAMELA STOKER, City Clerk and ex-officio Clerk of the City
17 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
18 Tustin is five; that the above and foregoing Ordinance was duly and
regularly introduced and read at the regular meeting of the City
19 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
20 Council hel~ on' the 5th day of January , 1998 by the
following vote:
21
COUNCILPERSONS AYES: THOMAS, SALTARELLI, DOYLE, POTTS, WORLEY
22 COUNCILPERSONS NOES: NONE
COUNCILPERSONS ABSTAINED:
NONE
23 COUNCILPERSONS ABSENT:
24
PAMELA STOKER,
25
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