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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 27 28 Ordinance No. 1188 Page 2 1 2 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. ! Ordinance No, 1188 Page 3 1 2 "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 Page 4 1 2 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 28 Ordinance No. 1188 Page 5 1 2 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. 28 Ordinance No. 1188 Page 6 1 2 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 28 Ordinance No. 1188 Page 7 1 2 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. 28 Ordinance No. 1188 Page 8 1 2 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. 28 Ordinance No. 1188 Page 9 1 2 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 Page 10 1 2 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. 22 23 24 25 26 27 28 Ordinance No. 1188 Page 11 1 2 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 27