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HomeMy WebLinkAbout1453 ORDINANCE NO. 1453 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA ADDING, CHAPTER 9 TO ARTICLE IV OF THE ARCADIA MUNICIPAL CODE RELATING TO REMOVAL OF ABANDONED , WRECKED, DISMANTLED OR INOPERATIVE VEHICLES OR PARTS THEREOF. THE CITY COUNCIL OF THE CITY OF ARCADIA DOES ORDAIN AS FOLLOWS: SECTION 1. Chapter 9 is hereby added to Article IV of the Arcadia Municipal Code to read as follows: "ARTICLE IV. CHAPTER 9. PUBLIC WELFARE, MORALS AND POLICY ABANDONED, WRECKED, DISMANTLED OR INOPERATIVE VEHICLES 4900. ABANDONED, WRECKED, DISMANTLED OR INOPERATIVE VEHICLES A PUBLIC NUISANCE. The presence of an abandoned, wrecked, dismantled or inoperative vehicle or parts thereof, on private or public property not including highways, except as expressly herein- after permitted, is hereby declared to constitute a public nuisance which may be abated as such in accordance with the provisions of this Chapter. 4900.1. DEFINITIONS. (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." -1- 1453 (d) The term "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. (e) The term "owner of the vehicle" means the last regis- tered owner and the legal owner of record. 4900.2. APPLICABILITY. This Chapter shall not apply to: (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) A vehicle, or parts 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 when such storage or parking is necessary to the operation ,of a lawfully con- ducted business or commercial enterprise. Nothing in this section shall authorize the maintenance of a public or private nuisance. These regulations are not the exclusive regulation of abandoned, wrecked, dismantled or inoperative vehicles within the City. It shall supplement and be in addition to the other regulatory codes. 4900 . 3. ENFORCEMENT. (a) Except as otherwise provided herein, the provisions hereof shall be administered and enforced by the Superintendent of Building and Safety. In the enforcement hereof, such officer and his deputies may enter upon private or public property to examine a vehicle or parts thereof, or obtain information as to the identity of a vehicle and to remove or cause the removal of a vehicle or parts thereof declared to be a nuisance pursuant to this Chapter. (b) The person or persons authorized to remove vehicles -2- 1453 for the Police Department shall be authorized to enter upon private property or public property to remove or cause the removal of a vehicle or parts thereof declared to be a nuisance pursuant to the regulations of this Chapter. (c) 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 vehicle or parts thereof. 4900.4. NOTICE,., Upon discovering .the existence of an abandoned, wrecked, dismantled" or inopera ti ve vehicle, or parts thereof, on private property or public property within the City, the Superintendent of Building and Safety shall have the authority to cause the abatement and removal thereof in accordance with the pro- cedure prescribed herein. (a) A ten (10) day notice of intention to abate and remove the vehicle, or parts thereof, as a public nuisance shall be mailed by certified mail to the owner of the land and to the owner of the vehicle, unless the vehicle is in such condition that identification numbers are not available to determine ownership. The notices of intention shall be in substantially the following forms: NOTICE OF INTENTION TO ABATE AND REMOVE AN ABANDONED, WRECKED, DISMANTLED, OR INOPERATIVE VEHICLE OR PARTS THEREOF AS A PUBLIC NUISANCE (Name and address of owner of the land) As owner shown on the last equalized assessment roll of the land located at (address), you are hereby notified that the undersigned pursuant to Section 4900.4 of the Arcadia Municipal Code has determined that there exists upon said land an (or parts of an) abandoned, wrecked, dismantled or inoperative vehicle regis- tered to , license number , -3- 1453 which constitutes a public nuisance pursuant to the provisions of Arcadia Municipal Code Section 4900. You are hereby notified to abate said nuisance by the removal of said vehicle' (or said parts of a vehicle) within ten (10) days from the date of mailing of this notice, and upon your failure to do so the same will be abated and removed by the City and the costs thereof, together with administrative costs, assessed to you as owneT'of the land on which said vehicle (or said parts of a vehicle) is located; As owner of the land on which said vehicle (or said parts of a vehicle) is located, you are hereby notified that you may, within ten (10) days after the mailing of this notice of intention, request a public hearing and if such a request is not received by the City Manager within such ten (10) day period, the Superintendent of Building and Safety shall have the authority to abate and remove said vehicle (or said parts of a vehicle) as a public nuisance and assess the costs as aforesaid without a public hearing. You may sub- mit a sworn written statement within such ten (10) day period denying responsibility for the presence of said vehicle (or said 'parts of a vehicle) on said land, with your reasons for denial, and such state- ment shall be construed as a request for hearing at which your presence is not required. You may appear in person at any hearing requested by you or the owner of the vehicle, or, in lieu thereof, may present a sworn written statement as aforesaid in time for consideration at such hearing. (date) /s/ Superintendent of Building and Safety Notice Mailed -4- 1453 NOTICE OF INTENTION TO ABATE AND REMOVE AN ABANDONED, WRECKED, DISMANTLED OR INOPERATIVE VEHICLE OR PARTS THEREOF AS A PUBLIC NUISANCE (Name and address of last registered and/or legal owner of record of vehicle -- notice shall be given to both if different) As las t regis tered (and/or legal) owner of record of (description of vehicle - make, model, license, etc.), you are hereby notified that the' undersigned pursuant to Arcadia Municipal Code , Section 4900.4 has determined that said vehicle (or parts of a vehicle) exists as an abandoned, wrecked, dismantled or inoperative vehicl~ at (describe location on public or private property) and constitutes a public nuisance pursuant to the provisions of Arcadia Municipal Code Section 4900. You are hereby notified to abate said nuisance by the removal of said vehicle (or said parts of a vehicle) within ten (10) days from the date of mailing of this notice. As registered (and/or legal) owner of record of said vehicle (or said parts of a vehicle), you are hereby notified that you may, within ten (10) days after the mailing of this notice of intention, request a public hearing and if such a request ,is not received by the City Manager within such ten (10) day period, the Superin- tendent of Building and Safety shall have the authority to abate and remove said vehicle (or said parts of a vehicle) without a hearing. Notice Mailed (date) /s/ Superintendent of Building and Safety 4900.5. HEARING. NOTICE. (a) Upon request by the owner of the vehicle or owner of the land received by the City Manager within the (10) days after -5- 1453 the mailing of the notices of intention to abate and remove, a public hearing shall be held by the City Manager on the question of abate- ment and removal of the vehicle or parts thereof as an abandoned, wrecked, dismantled or inoperative vehicle, and the assessment of the administrative costs and the cost of removal of the vehicle or parts thereof against the property on which it is located. (b) If the owner of the land submits a sworn written statement denying responsibility for the presence of the vehicle on his land within such ten (10) day period, said statement shall be construed as a request for a ~earing which does not require his presence. Notice of the hearing shall be mailed, by certified mail, at least ten (10) days before the hearing to the owner of the land and to the owner of the vehicle, unless the vehicle is in such condition that identification numbers are not available to deter- mine ownership. If such a request for hearing is not received within said ten (10) days after mailing of the notice of intention to abate and remove, the City shall have the authority to abate and remove the vehicle or parts thereof as a public nuisance without holding a public hearing. 4900.6. HEARING. CITY MANAGER. DETERMINIATION. (a) All hearings under this Chapter shall be held before the City Manager who shall hear all facts and testimony it deems pertinent. Said facts and testimony may include testimony on the condition of the vehicle or parts thereof and the circumstances concerning its location on the said private property or public property. The hearing shall not be limited by the technical rules of evidence. The owner of the land may appear in person at the hearing or present a sworn written statement in time for consideration -6- 1453 at the hearing, and deny responsibility for the presence of the vehicle on the land, with his reasons for such denial. (b) The City Manager may impose such conditions and take such other action as he deems appropriate under the circumstances to carry out the purpose of this Chapter. He may delay the time for removal of the vehicle or parts thereof if, in his opinion, the circumstances justify ~t. At the conclusion of the public hearing, the City Manager may find that a vehicle or parts thereof has been abandoned, wrecked, dismantled, or is inoperative on private or public prope~ty and order the same removed from the property as a public nuisance and disposed of as hereinafter provided and deter- mine the administrative costs and the cost of removal to be charged against the owner of the land. The order requiring removal, shall include a description of the vehicle or parts thereof and the correct identificatibnnumber and license number of the vehicle, if available at the site. (c) If it is determined at the hearing that the vehicle was placed on the lana without the consent of the owner of the land and that he has not subsequently acquiesced in its presence, the City Manager shall not assess the costs of administration or removal of the vehicle against the property upon which the vehicle is located or otherwise attempt to collect such costs from such owner of the land. (d) If the owner of the land submits a sworn written statement denying responsibility for the presence of the vehicle on his land but does not appear, or if an interested party makes a written presentation to the City Manager but does not appear, he shall be notified in writing of the decision. -7- 145~ 4900.7. APPEAL. (a) Any interested party may appeal the decision of the City Manager by filing with the City Clerk a written notice of appeal to the City Council within five (5) days after its decision. (b) Such appeal shall be heard by the City Council which may affirm, amend or reverse the order or take other action deemed appropriate. (c) The Clerk shall give written notice of the time and place of the hearing to the appellant and those persons specified in Section 4900.4. / (d) In conducting the hearing the City Council shall not be limited by the technical rules of evidence. 4900.8. REMOVAL. (a) Five (5) days after adoption of the order declaring the vehicle or parts thereof to be a public nuisance, five (5) days from the date of mailing of notice of the decision if such notice is required by Section 4900.6(d), or fifteen (15) days after such action of the City Council authorizing removal following appeal, the vehicle or parts thereof may be disposed of by removal to a scrapyard or automobile dismantler's yard. After a vehicle has been removed it shall not thereafter be reconstructed or made operable. (b) 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 identifying 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 certificates, certificates of title and license plates. -8- 1453 4900.9. COSTS. If the administrative costs and the cost of removal which are charged against the owner of a parcel of land are not paid within thirty (30) days of the date of the order, or the final disposition of an appeal therefrom, such costs shall be assessed against the parcel of land pursuant to Section 38773.5 of the Government Code and shall be transmitted to the tax collector for collection. Said assessment shall have the same priority as other City taxes. 4900.10. MISDEMEANOR. It shall be unlawful and a misde- meanor for any person to fail or refuse to remove an abandoned, wrecked, dismantled or inoperative vehicle or parts thereof or refuse to abate such nuisance when ordered to do so in accordance with the abatement provisions of this Chapter. SECTION 2. The City Clerk shall certify to the acoption of this ordinance. I IEREBY CERTIFY that the foregoing ordinance was adopted at a regular meeting of the City Council of the City of Arcadia held on the 16th day of May , 1972, by the affirmative vote of at least three Councilmen, to wit: AYES: Councilmen Arth, Helms, Scott and Hage NOES: None ABSENT: ~ of Arcadia SIGNED AND APPROVED this , 1972. A~: ~J ~ Yidkd-Pie, lIt~b4~ City Clerk __--(SEAL) ~.~ ~ --/ -9- I . ________ . Mayor of the City f rcadia 1453 F --'" :: ~~::-~~- -.:: ...-"""\ ~;~.",:::,. -. .-..~ - (,' - ...,... . ... . . ....I- ~~~c~