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HomeMy WebLinkAbout1844 ORDINANCE NO. 1844 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA AMENDING SECTIONS 4900.5 (a), 4900.6 (a) (b) AND 4900.7 (a) OF ARTICLE IV, CHAPTER 9 OF THE ARCADIA MUNICIPAL CODE REGARDING ABANDONED VEHICLES THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. That Sections 4900.6 (a), 4900.6 (a) (b) and 4900.7(a) of the Arcadia Municipal Code are hereby amended to read as follows: 4900.5. HEARING. NOTICE. (a) Upon request by the owner of the vehicle or owner of the land received by the City Manager within ten (10) days after the mailing of the notices of intention to abate and remove, a public hearing shall be held by the City Manager designee on the question of abatement 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. 4900.6. HEARING. CITY MANAGER DESIGNEE. DETERMINATION. (a) All hearings under this Chapter shall be held before a designee of the City,Manager hereinafter referred to as, "Hearing Official" who shall hear all facts and testimony he 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 -1- 1844 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 at the hearing and deny responsibility for the presence of the vehicle on the land with his reasons for such denial. (b) The HearingOfficial,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 it. At the conclusion of the public hearing, the Hearing, Official may find that a vehicle or parts thereof has been abandoned, wrecked, dismantled or is inoperative on private or public property and may order the same removed from the property as a public nuisance and disposed of as hereinafter provided and may determine 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 identification number and license number of the vehicle, if available at the site. 4900.7. APPEAL. (a) Any interested party may appeal the decision of the Hearing Official by filing with the City Clerk a written notice of appeal to the City Council within five (5) days after its decision. -2- 1844 SECTION 2. The City Clerk shall certify to the adoption of this Ordinance and shall cause the same to be published in the official newspaper of said City within fifteen (15) days after its adoption. Passed, approved and adopted this 21st day of October, 1986. ~ ATTEST: I, CHRISTINE VAN MAANEN, City Clerk of the City of Arcadia, hereby certify that the foregoing Ordinance No. 1844 was passed and adopted by the City Council of the City of Arcadia, signed by the Mayor and attested to by the City Clerk at a regular meeting of said Council on the 21st day of October 1986 and that said Ordinance was adopted by the following vote, to wit: AYES: Councilmen Chandler, Harbicht, Lojeski and Young NOES: None ABSENT: Councilman Giilib -3- 1844 memotanJum Date --2E_1:.<2R. e r 7,. 19 8 6 TO: HONORABLE MAYOR AND CITY COUNCIL MICHAEL H. MILLER, CITY ATTORNEY 'In I~ FROM: SUBJIDCT: ORDINANCE 1844 The existing Municipal Code provisions provide for removal of abandoned, wrecked, dismantled or inoperative vehicles pursuant to specific procedures set forth in Sections 4900 thru 4900.10 of the Municipal Code. Currently, those Sections provide for a hearing before the City Manager. The City Manager has requested that this be changed to give him some latitude to appoint a Hearing Officer. Final appeals to the City Council are still part of the existing Ordinance. This amendment merely authorizes the City Manager to designate another person on his staff to act as the Hearing Official. MHM: 1m xc: City Manager