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HomeMy WebLinkAbout0425OL ORDINANCE NO. 42_. -..5 ..... (1968 Series) AN ORDINANCE ESTABLISHING PROCEDURES FOR THE ABATEMENT AND REMOVAL AS PUBLIC NUISANCES OF ABANDONED, WRECKED, DISMANTLED OF. INOPERATIVE VEHICLES OP. PA TS THEREOF FROM PRIVATE OR PUBLIC PROPERTY. BE IT ORDAINED by the Council of the City of San Luis Obispo as follows: SECTION 1. Article III, Chapter 3 of the San Luis Obispo Municipal Code is hereby amended by the addition of the following: Section 3202.9 Authorization for emoval of Vehicles Which Constitute Public Nuisances from Private or Public Property. Any vehicle found abandoned, wrecked, dismantled or in inoperative condition on private property or public property, not including highways, may be abated as a public nuisance and removed at the direction of the Chief of Police with the costs of removal, in appropriate cases, to be handled as a special assessment against the parcel of real property on which said vehicle was located and a personal obligation against the property owner, subject to compliance with the procedure set forth under. Section 3202.10 of this code and Section 38773.5 of the California Government Code. Section 3202.10 Procedure for Declaring an Abandoned or Inoperative Vehicle a Public Nuisance. Prior to removal of any abandoned, wrecied, dismantled or inoperative vehicle from private or public property, not including highways, as a public nuisance a public hearing shall be held before the Planning Commission of the City of San Luis Obispo. At least ten (10) days prior to the date set for such public hearing, the Police Department shall mail a notice to the California Highway Patrol identifying the vehicle or part thereof proposed for removal. At least ten days prior to such hearing, a notice of the time, location and date of such public hearing on the question of abatement and removal of the vehicle or part thereof as a public nuisance shall also be mailed by certified or return receipt requested registered mail, with a five -day return requested, to the owner of the land as shown on the last equalized 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 the notice is returned undelivered by the United States Post Office the hearing shall be continued to a date not less than 10 days from the date of such return. Notice to the Department of Motor Vehicles of the removal of the abandoned, wrecllmd, dismantled or inoperative vehicle from private or public property shall be given by the Police Department within five days after the date of such removal identifying the vehicle or part thereof. The owner of the land on which the vehicle is located may appear in person at the public hearing or present a written statement under penalty of perjury in time for consideration at the hearing, and deny responsibility for the presence of the vehicle on z/a-6- Ordinance No. 425 Page 2 the land, with his reasons for such denial. If it is determined at the hearing that the vehicle was placed on the land without the consent of the landowner and that he has not subsequently acquiesced in its presence, then the City of San Luis Obispo shall not assess costs of administration or removal of the vehicle against the property upon which the vehicle is located or otherwise attempt to collect such cost from such owner. If the Planning Commission finds that the vehicle constitutes a public nuisance and that the property owner is responsible for the presence of such vehicle on his land, the full cost of abating said public nuisance shall be made a special assessment against the concerned parcel. The assessment may be collected at the same time and in the same manner as ordinary municipal taxes are collected, and shall be subject to the same penalties and the same procedure and sale in case of delinquency as provided for ordinary municipal taxes. All laws applicable to the levy, collection and enforcement of municipal taxes shall be applicable to such special assessment. Any vehicle removed from private or public property pursuant to this ordinance shall not subsequently be reconstructed or made operable. Vehicles or parts thereof may be disposed of by removal to a scrapyard, automobile dismantler's yard, or any suitable site for processing as scrap. The Police Department or any person authorized by the City to administer the provisions of this ordinance may enter upon private property for the purposes specified herein to examine vehicles or parts thereof, obtain information as to the identity of vehicles and to remove or cause the removal of a vehicle or part thereof declared to be a nuisance pursuant to this ordinance. This ordinance shall be administered by regularly salaried, full time employees of the San Luis Obispo Police Department, except that the removal of vehicles or parts thereof from property may be by any other person duly authorized by the Police Department. The Police Department shall cause to be forwarded to the Department of Motor Vehicles any evidence of registration available, including registration certificates, certificates of title, and license plates. The provisions of this ordinance shall not apply to (1) a vehicle or part thereof which is completely enclosed within a building in a lawful manner where it is not visible from the street or other public or private property or (2) a vehicle or part thereof which 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 licensed junkyard; provided, however, that this exception shall not authorize the maintenance of a public or private nuisance as defined under provisions of law other than this ordnance. a Ordinance No. 425 Page 3 SECTION 2. This Ordinance, together with the ayes and noes, shall be published once in full, at least three days before its final passage, in the Telegram- Tribune, a newspaper printed, published and circulated in said City, and the same shall take effect and be in farce from and after its final passage. INTRODUCED AND PASSED TO PRINT at a Regular Meeting of said City Council held on the 30th day of September , 1968, on motion of Councilman Gallagher , seconded by Councilman Miller and on the following roll call vote: AYES: Councilmen Blake, Gallagher, Miller, Spring and Mayor Whelchel NOES: None ABSENT: None ATTEST: ar I FINALLY PASSED this 4th day of November , 19 k8—, by the following roll call vote: AYES: Emmons Blake, Frank Gallagher, Arthur F. Spring Donald Q. Miller, Clell W. Whelchel NOES: None ABSENT: None ATTEST: 0 W�_ 0 0, e