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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 13 · ' Z2 " 24 Z7 Z9 30 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