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HomeMy WebLinkAbout0703ORDINANCE NO. 703 (1977 Series) AN ORDINANCE OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO'AMENDING MUNICIPAL CODE ARTICLE III•V BY REPEALING SECTIONS 3202.9 AND 3202.10, AND ADDING CHAPTER 18, ENTITLED "INOPERATIVE VEHICLES." BE IT ORDAINED by the Council of the City of San Luis Obispo as follows: SECTION 1. Sections 3202.9 and 3202.10 of Article III.V, Chapter 2; of the Municipal Code are hereby repealed. SECTION 2. Article III:V; Chapter'18,Sections 3218 through 3218.11 is hereby added to the Municipal Code to read as follows: (See attached text.) SECTION 3. This Ordinance, together with the ayes and noes shall be published once in full, at least three days prior to its final passage, in the Telegram- Tribune, a newspaper published and circulated in said City, and the same shall go into effect at the expiration of thirty days after its said final passage. INTRODUCED AND PASSED TO PRINT by the Council of the City of San Luis Obispo at a Regular Meeting thereof held on the 3rd day of May 1977, on motion of Councilman Jorgensen, seconded by Councilman Gurnee , and on the following roll call vote: AYES: Councilmen Dunin, Gurnee, Jorgensen and Mayor Pro -Tem Petterson NOES: None ABSENT: Mayor Schwartz Mayor pro -Tem ATTEST: RN:AG:ktm 3/30/77 0 703 11 / ----------- ._ RN:AG:ktm 3/30/77 0 703 Ordinance No. 703 Approved as to form: WENDT, MITCHELL, SINSHEIMER, de la MOTTE & LILLEY City Attorney By Allen Grimes RN:AG:ktm 3/30/77 (1977 Series) Approved as to content: QkNox City Administrative ficer Chief o Police SECTION 3218. 3218.1 3218.2 3218.3, 3218.4 3218.5 3218.6 3218.7 3218.8 3218.9 - 3218.10 3218.11 RN:AG:ktm 3/30/77 ARTICLE I:II.V, CHAPTER 18 INOPERATIVE VEHICLES Policies. Definitions. Exceptions. Applicability of other laws. Designation of enforcing officers. Initiation of proceedings. Notice of vehicle abatement. Contents of notice of vehicular abatement. Hearing and determination. Removal. Notice to Department of Motor Vehicles. Collection of.removal and administration costs. Chapter 18 INOPERATIVE VEHICLES SECTION .3218. .. Policies. In accordance with the determinations 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 Council 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 is found to create a condition tending to reduce the value of private prop- erty, 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 public health, safety and general welfare. Therefore, the presence of such vehicles, or a part thereof, on private or public property as defined in Section 3218.1 , and except as expressly hereinafter permitted, is declared to constitute a public nuisance which may be abated as such in accordance with the provisions of this chapter as set forth under.Section 38773.5 of the California Govern- ment Code. SECTION 3218.1• Definitions. As used in this chapter, the following terms shall have the meanings ascribed to them: (a) "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, including, but not limited to, autos, trucks, buses, motorcycles, trailers, and mobile - homes. (b) "Public property" means any property owned by a public agency, but does not include highways. (c) "Highway" means a way or place or whatever nature, publicly main- tained and opened to the use of the public for purposes of vehicular travel. "Highway" includes streets. (d) "Code Enforcement Officer" means and includes, for the purposes of this chapter only, Field Services Technicians as designated by the Chief of Police, as well as Code Enforcement Officers regularly employed or designated in that capacity by the City. (e) "Owner of the Land" means the owner of the land on which the vehicle or parts thereof is located as shown on the last equalized assessment roll. (f) "Owner of the Vehicle" means the last registered owner and legal owner of record. RN:AG:ktm 3/30/77 SECTION 3218. 2. Exceptions. This chapter shall not apply to the following as set forth'in Section 22661 of the California Vehicle Code: (a) A vehicle or parts 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; (b) The storage of one vehicle or parts thereof which is located behind • solid fence six (6) feet in height and which is not plainly visible from • street, highway, or other property. (c) A vehicle or parts thereof which is stored or parked in a lawful manner on private property on an approved site in connection with the business of a licensed dismantler, vehicle dealer, junk dealer, a towing service, or an auto repair or body shop, when such storage or parking is necessary to the operation of an otherwise lawfully conducted business or commerical enterprise. Nothing in this section shall authorize the maintenance of a public or private nuisance as prohibited herein or in Article IV, Chapter 4. SECTION ,3218.3. Applicability of other laws. This chapter does not constitute the exclusive procedure for removal of abandoned, wrecked, dismantled, or inoperative vehicles within the City, but supplements and is in addition to all other regulatory codes, statutes, and ordinances heretofore or hereafter enacted by the City, the County, the State or any other legal entity,or agency having juris- diction, relating hereto. SECTION 3218.4:. Designation of enforcing officers. Except as otherwise provided herein, the provisions of this chapter shall be administered and enforced by the Police Chief of the City or such other person as he shall designate as enforcing officers. SECTION 3218.5. Initiation of proceedings. When the enforcing officer has reason to believe or observes that the accumulation and the storage of abandoned, wrecked, dismantled or inopera- tive vehicles or parts thereof on public or private property constitutes a public nuisance as described in Section 3218 ., he shall immediately investigate the same. In the performance of such investigation the en- forcing officer and his designees may enter upon private or public prop- erty to examine a vehicle or parts thereof and to obtain information as to the identity and the ownership thereof. ,The Police Department and Health Officer of the City shall assist in such investigation and enforce- ment as needed. SECTION 3218.6. Notice of vehicle abatement. If the enforcing officer determines from his investigation that a public nuisance exists, he shall serve or cause to be served, either by personal service or by registered or certified mail, a copy of a notice of vehicle abatement upon every person concerned, including the owner RN:AG:ktm 3/30/77 of the property on which the alleged public nuisance exists,.as shown on the last equalized assessment roll, and the last known registered and legal owner of the subject vehicle if the identification numbers are available to determine ownership. If a notice sent by registered or certified mail is returned unclaimed, a subsequent notice sent by first class mail, postage prepaid, to the last known address of the party concerned shall be sufficient and such notice shall be effective upon mailing. The failure of any person to receive such notice shall not affect in any manner the validity of the proceedings taken hereunder. SECTION 3218.7. Contents of notice of vehicular abatement. The notice of vehicle abatement served pursuant to Section- 3218.6 shall contain the following information: (1) The findings, in brief, that the vehicles constitute a public nuisance; (2) That it is the intention of the enforcing officer to abate the vehicles on the premises, as both are described, fifteen (15) days from service of the notice of vehicle abatement, and that the costs of removal may be assessed against the premises; (3) A common description of the premises by address or ass.essor's parcel number and a description of the vehicles, including license numbers or identification numbers if these are available on the vehicles; (4) That the owner of the property or any owner of the vehicles may, within ten (10) days of receipt of the notice, file a written request for a hearing before the Council, or such person as they may designate to hear the matter, to show any cause why the vehicles should not be abated by the enforcing officer;. (5) That the owner-of the property on which the vehicles are located may either appear at a hearing or present a sworn statement denying responsibility for the presence of the vehicles and giving the reasons for the denial, and that such statement shall be deemed a request for a hearing not requiring the presence of the requestor. SECTION 3218.8. Hearing and determination. All hearings under this chapter shall be held before the Council of the City of San Luis Obispo, or any person they may designate to hear the matter, who may hear all the relevant evidence pertaining to the alleged public nuisance, including testimony on the condition of the vehicle or parts thereof, the circumstances concerning its location on the private or public property, and the costs of removal and disposal. The hearing need not be conducted according to technical rules relating to evidence and witnesses. The hearing shall commence within twenty (20) days of the filing of the written request, and it may be continued from time to time. Any person affected may be present at such hearing, may be represented by counsel, may present testimony, and may cross - examine witnesses. The owner of the land on which the vehicle is located may RN:AG:ktm 3/30/77 appear in person at the hearing or present a sworn written statement in time for consideration at the hearing denying responsibility for the presence of the vehicle on his land, with his reasons for such denial. After the conclusion of the hearing, the Council or hearing officer may: (a) Impose such conditions and take such other action as it deems appropriate under the circumstances to carry out the purposes of this chapter; (b) Delay the time for removal of the vehicle or parts thereof if, in its opinion, the circumstances justify it; or (c) Find taht the vehicle or parts 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 and charge the same against the owner or other person in possession of the parcel of land on which the vehicle or parts thereof is located, or against the owner of the vehicles, or against them jointly. Any such order requiring removal shall include a description of the vehicle or parts thereof, and the correct identification number and license number of the vehicles if available at the site. 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, the City shall not charge the costs of ad- ministration or of removal of the vehicle against the property upon which the vehicle is located or otherwise attempt to collect such costs from such landowner. If an interested party makes a written presentation to the Council but does not appear, he shall be notified in writing of the decision. SECTION 3218.9. Removal. After a finding has been made by the enforcing officer that any vehicle or parts thereof is a public nuisance under this chapter and if no hearing has been requested pursuant to Section 3218.7(4) or, Sectior_ 3218.7(5), or if the Council after a hearing -so orders, the vehicle or parts may be disposed of my removal to a scrapyard or automobile dismantler's yard, or to any suitable.site operated by a local agency for processing as scrap, or other final disposition consistent with this section. The party removing the vehicle or parts .thereof may in so doing enter upon the private or� public property on which it is located. After removal, a vehicle shall not be reconstructed or made operative. SECTION 3218.10. Notice to Department of Motor Vehicles. Within five (5) days after the date of removal of the vehicle or parts thereof, notice shall be given to the Department of Motor Vehicles identify- ing the vehicle or parts thereof removed. At the same time, there shall be transmitted to the Department of Motor Vehicles any evidence of registration available, including registration certificate, certificate of title, and license plates. RN:AG:ktm 3/30/77 SECTION 3218.12. Collection of removal and administration.costs. The City Council may from time to time determine and set an amount.to be assessed as administrative costs under this chapter. If no hearing is requested and held by the Council, the enforcing officer shall determine the cost of removal and charge the same against the owner or other person in possession of the parcel of land on which the vehicle or parts thereof are located or against the owner of the vehicle, or against them jointly. If the administrative costs and the cost of removal which are charged against the owner of a.parcel of land, pursuant to this section or to Section 3218.8 , are not paid within thirty days of the date of the order, such costs shall be assessed against the parcel of land pursuant to Section 25845 of the Government Code and shall be transmitted to the tax collector for collection. The assessment shall have the same priority as other county and city taxes. RN:AG:ktm 3/30/77 FINALLY PASSED this 17th day,.of May 19 77 on motion of Councilman Jorgensen. seconded by Councilman Gurnee on the following roll call vote: AYES: Councilmen Dunin, Gurnee, Jorgensen, Petterson, and Mayor Schwartz NOES: None ABSENT: None N ATTEST: r ' . Fitzpatrick, CITY CLERK