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the Municipal Code are hereby repealed.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