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HomeMy WebLinkAboutORD 385 (1968) ORDINANCE NO. 385 AN ORDINANCE PROVIDING FOR THE ABATEMENT AND REMOVAL AS PUBLIC NUISANCES OF ABANDONED, WRECKED, DISMANTLED OR INOPERATIVE VEHICLES OR PARTS THERE- OF FROM PRIVATE PROPERTY OR PUBLIC PROPERTY NOT INCLUDING HIGHWAYS AND RECOVERY OF COSTS OF ADMINIS- TRATION THEREOF AS AUTHORIZED BY SEC. 22660 OF THE VEHICLE CODE -- The City Council of the City of Tustin, California, does ordain as follows: Section 1: In addition to and in accordance with the determination made and the authority granted by the State of California under Section 22660 of the Vehicle Code to remove abandoned, wrecked, dismantled or inoperative' vehicles or parts thereof as public nuisances, the City Council hereby makes the following findings' and declarations: 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 heroin- after permitted, is hereby declared to constitute a public nuisance, which may be abated as such in accordance with lthe provisions of this Ordinance. As used in this Ordinance: a) The term "vehicle" means a device by which any person or ~ property may be propelled, moved or drawn upon a highway, except a device moved bY human power or used exclusively upon stationary rails or tracks. b) The term "highway" means a way or place of whatever nature, publicly maintained and open to the use of the public for purposes of vehicular travel. Highway includes street. c) The term "public property" does not include "highway." ...Section-2: The Ordinance shall not apply to: a) A vehicle or part thereof wbie-h is completely enclq.sed within a buf!ding in a,~tawfuI~. manner, where it is ~Ot visible from~the street'or other publfc or private property;-or b) A vehicle or part thereof which is stored or parked' fn a lawful manner on private property in connection ~ith the business of a licensed dismantler, licensed vehicle dealer, a junk dealer, or when such storage or parking is necessary to the operation of a lawfully conducted business or commercial enterprise. Nothing in this section shall authorize' the maintenance of a public or private nuisance as defined under provisions of law other than Chapter 10 (commencing with Section 22650)cof Division 11 of the Vehicle Code and this Ordinance. ~ec~ion ~: It sh~ii Be uHi~wful and a misdemeanor for any person ~., abandon, park, store, Or leave B'[ hermit the abandonment, parking, storing, or r}ublic property, not including highways, withfn the Gityt for a period in exees~ of %en days, unless such vehiole or part thereof 'fs completely enclosed within abuilding in a lawful manner where it is not plainly visible f~om the street or other public or private property, or unless such vehicle is stored or parked in a lawful manner on private property in connection with the business of a licensed dismantler, licensed vehicle dealer or a junkyard; provided, however, that upon application the Chief of Police may grant an additional reasonable' period of'=,time to complete repairs upon any vehicle covered by this section,,upon his determination that no public detriment is likely to result Section 4: It shall be unlawful and a misdemeanor for any person to fail or refuse to remove an abandoned, wrecked, dismantled or inoperative vehicle or part thereof or refuse to abate such nuisance when ordered to do so in accordance with the abatement provisions of this Ordinance or State law, where such State lawis applicable. Section 5: This Ordinance is not the exclusive regulation of abandoned, wrecked, dismantled or inoperative vehicles within the City. It shall supplement and be in addition to the other re~ulatory codes, statutes and ordinances heretofore or hereafter enacted by the City, the State, or any other legal entity oragency having jurisdiction. -~ Section 6: Except aS othe~wis~ provided herein, the provisions of this Ordinance shall..be administered and enforced by the Chief of Police. In the enforcement of this Ordinance, such officer and his deputies may enter upon private ior public property to examine a vehicle or,parts thereof, or obtain information as to the identity of a vehicle ~(and to revOve or cause the removal of a vehicle or part thereof) declared-to-be a nuisance pursuant to this Ordinance. section 7: When the City Council has contracted with,or granted a franchise to any person or persons, such person or persons shall be authorized to enter upon private property or public property to removeor cause the removal of any vehicle or parts thereof declared to be a nuisance pursuant to this ordinance. Section 8: 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 ~ehicle or part thereof) under this Ordinance. Section 9: A public hearing shall be held on the question of abate- ment and' removal of the Vehicle or part thereof as an abandoned, wrecked, dis- mantled 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 ~hich it is located.. Notice of hearing shall be mailed at least ten days before the hearing, by certified mail, with a five-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 be continued to a date not less than ten days from the date of such return. Section lO: 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 days prior to the public hearing. Section ll: All hearings under this Ordinance shall be held before the ChiefOf POlice, who shall hear all facts and testimony he deems pertinent. Said facts and testimony ma~ include testimony on the condition of the vehicle or part thereof and the circumstances concerning itslocation 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 the hearing, or present a written statement in time for consideration at the hearing, and deny responsibility f~r 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 circumstances to carry out the purpose of this Ordinance. He may delay the time for removal of the vehicle or part thereof if, in his opinion, the circumstances Justify it. At the conclusion of the public hearing, the hearing off~.cer may find that a vehicle or part thereof has been abandoned, wrecked, dismantled, or is inoperative on private or public property and order the same removed from the property as a public nuisance and disposed of as hereinafter provided and determine the administrative costs and the cost of removal to be charged against the owner of the parcel of land on-which the vehicle or part thereof is located. The order requiring removal shall include a description of the vehicle or part thereof and the correct identification number and license number of the vehicle, if ava-ilable at the site. If it is determined at the hearing that the vehicle was pla~ed on the land without the consent of the land owner and that he has not subsequently acquiesced in its presence, the hearing officer shall not assess costs of ~adminis- tration or removal of the vehicle against the property upon which the vehicle is lsc. ale~ sr o%her~,ise att.e~t ts collect such ccsts,fro~ such land owner. Section 12: Any interested party may appeal the decision of the hearing officer by filing a written notice of appeal together with a ten dollar app~l fee wfth the sid hearing officer within five days after his decision. Such ~ppe~i shall be hs~r,d bF the Cit7 C~'~ncil, which =a7 affix, amend or reverse the order or ~ke other action deemed appropriate. The Clerk shall give written notice of the t~me and place of the hearing to the appellant, and those persons specified in Sect[on 9- In donduct[ng %he hearing the Gity Council shall not be limited by the technical ~les of evidence. Section 1,~: Five days after adoption of the order ~eclaring the vehicle or parts thereof to be a public nui~nce, five days from the date of mailing of notice of the decision if such notice ~s required by Sect[on 11~ or fifteen days after such action of the governing body author[zing removal following appeal, the vehicles or parts thereof may be disposed of by removal to a junk yam or automobile ~ismantler~s yard, After a vehicle has been removed it shall not thereafter be reconstructed or made operahie. Section 1~: Within fbe days after the date of removal of the vehicle or part %hereof~ notice shall be given to the Department of Motor Vehicles identifying the vehicle or part thereof removed. At the same time there shall be transmitted to the Department of Motor Vehicles any evidence of registration available, including registration certificate~ certificates of title and license plate s. ~.e.~qn. 15: If the administrative costs and the cost of removal which are charged against the~ owner of a ~arcel of land pursu~;nt to Section 11 are not paid"within ~hirty days of the date of the order, or the final disposition of ~n appeal therefrom~ such costs shall be assessed ~ainst the parcel of land purs~ah~ 'to' ~Section B8773.5 of the Government Code, and s~ll be ",transmitted to ~e tax collector for collection. Said aBsessme~ 'shall have the same priority as other city taxes. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Tustin, held on the 4th day of March, 1968. MAYOR 2121168 STATE OF C/',LIFOHNIA ) 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 the" mombors ~f ~'miD City Council of the City of Tustin is five; that the above and foregoing Ordinance No. _385 was duly and regularly introduced and road at a regular 'm~eting of the City Council held on the.. t~ day of Februar.v. ., 19.L~6.8L , and was given its second ~reading and duly ~ssed and adopted at a regular meeting heldj on the 4th day of _March 1968 by the follYowing vote: ~ ' ' AYES: ~ COUNCILMEN: MACK, KLINGELHOFER, .COCO, Mw.v.ER, RIB~G ~' 'NOES: COUNCILMEN: NONE ABSENT: COUNCILMEN: .._ .. NONE City Cler~k~ity of TUs~i~Z'ca~a /