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HomeMy WebLinkAboutOrdinance No. 929 ORDINANCE NO. 929 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA AMENDING THE AZUSA MUNICIPAL CODE BY ADDING PART I OF CHAPTER 5 CONSISTING OF SECTIONS 5500 THROUGH 5514 TO ARTICLE V AND PROVIDING FOR THE ABATEMENT AND REMOVAL AS PUBLIC NUISANCES OF ABANDONED, WRECKED, DISMANTLED OR INOPERATIVE VEHICLES OR PARTS THEREOF FROM PRIVATE PROPERTY OR CERTAIN PUBLIC PROPERTY AND RECOVERY OF COSTS OF ADMINISTRATION THEREOF. THE CITY COUNCIL OF THE CITY OF AZUSA DOES ORDAIN AS FOLLOWS: SECTION 1. The Azusa Municipal Code hereby is amended by adding to Article V, Part I of Chapter 5 consisting of Sections 5500 through 5514 to read respectively as follows: CHAPTER 5. NUISANCES. PART I-ABANDONED VEHICLES "SECTION 5500. PURPOSE. In addition to and in accordance with the determination made and the authority granted by the State of California under Section 22660 of the Vehicle Code to remove aban- doned, wrecked, dismantled or inoperative vehicles or parts thereof as public nuisances, the City Council hereby 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 not including highways is hereby found to create a condition tending to reduce the value of private property, to promote blight and deterioration, to invite plundering, to create fire hazards, to constitute an attractive nuisance creat- ing a hazard to the health and safety of minors, to create a harborage for rodents and insects and to be injurious to the health, safety and general welfare. Therefore the presence of an abandoned, wrecked, dis- mantled or inoperative vehicle or pat thereof. on private or public property not including highways, except as expressly hereinafter permitted, is hereby declared to constitute a public nuisance which may be abated as such in accordance with the provisions of this Part. SECTION 5501. DEFINITIONS. For the purpose of this part certain words and phrases are defined and certain provisions shall be construed as herein set forth unless it is apparent from the context a different meaning is intended. The term "vehicle" means a device by which any person or property may be propelled, moved, or drawn upon a a highway, except a device moved by human power or used exclusively upon stationary rails or tracks. 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. The term "public property" does not include "highway", SECTION 5502. EXCEPTIONS. This part shall not apply to: (a) 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 pri- vate property; or (b) A vehicle or part thereof which is stored or parked in a lawful manner on private property in con- nection with the business of a licensed dismantler, licensed vehicle dealer, a junk dealer, or when such storage or parking is necessary to the operation of a lawfully conducted business or commercial enterprise. Nothing in this section shall authorize the maintenance of a public or private nuisance as defined under pro- visions of law other than Chapter 10 (commencing with Section 22650) of Division ll of the Vehicle Code and this Part. SECTION 5503. ALTERNATE REGULATIONS. This part is 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, statutes, and ordinances heretofore or hereafter enacted by the City, the State, or any other legal entity or agency having jurisdiction. SECTION 5504. ENFORCING OFFICER. Except as otherwise provided herein, the provisions of this Part shall be administered and enforced by the Chief of Police. In the enforcement of this Part 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 part thereof declared to be a nuisance pursuant to this Part. SECTION 5505. FRANCHISES. When the City Council has contracted with or granted a -2- franchise to any person or persons, such person or persons 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 this Part. SECTION 5506. ADMINISTRATIVE COSTS. The City Council from time to time shall determine and fix an amount to be assessed as administrative costs (excluding the actual cost of removal of any vehicle or part thereof) under this Part. SECTION 5507. HEARING. A public hearing shall be held on the question of abatement and removal of the vehicle or part 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 part thereof against the property on which it is located. Notice of hearing shall be mailed at least ten days before the hearing by certified mail, with a five- day return requested, to the owner of the land as shown on the last equalized county 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 any of the foregoing notices are returned undelivered by the United States Post Office, the hearing shall be continued to a date not less than ten days from the date of such return. SECTION 5508. NOTICE OF HEARING. Notice of hearing shall also be given to the California Highway Patrol identifying the vehicle or part thereof proposed for removal, such notice to be mailed at least ten days prior to the public hearing. SECTION 5509. HEARING OFFICER. All hearings under this Part shall be held before the Chief of Police who shall hear all facts and testimony he deems pertinent. Said facts and testimony may include testimony on the condition of the vehicle or part thereof and the circumstances concerning its location on said private property or public property. The technical rules of evidence shall not apply. The owner of the land on which the vehicle is located may appear in person at the hearing or present a 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. The Chief of Police may impose such conditions and take such other action as he deems appropriate under the cir- _3_ cumstances to carry out the purpose of this Part. He may delay the time for removal of the vehicle or part thereof if, in his opinion, the circumstances justify it. At the conclusion of the public hearing, the Chief of Police may find that a vehicle or part 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 to be charged against the owner of the parcel of land on which the vehicle or part thereof is located. The owner requiring removal shall include a description of the vehicle or part thereof and the correct identification number and license number of the vehicle, 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 land owner and that he has not subsequently acquiesced in its pre- sence, the Chief of Police 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 costs from such land owner. If an interested party makes a written presentation to the Chief of Police but does not appear, he shall be notified in writing of the decision. SECTION 5510. APPEAL. Any interested party may appeal the decision of the Chief of Police by filing a written notice of appeal with the said Chief of Police within five days after his decision. Such appeal shall be heard by the City Council which may affirm, amend or reverse the order or take other action deemed appropriate. The clerk shall give written notice of the time and place of the hearing to the appellant and those per- sons specified in Section 5507. In conducting the hearing the City Council shall not be limited by the technical rules of evidence. SECTION 5511. DECISION, EFFECT OF. Five days after adoption of the order declaring the vehicle or parts thereof to be a public nuisance, five days from the date of mailing of notice of the decision if such notice is required by 5509, or 15 days after such action of the governing body authorizing removal following appeal, the vehicles 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. . -4- SECTION 5512. NOTICE TO DEPARTMENT OF MOTOR VEHICLES. Within five days after the date of removal of the vehicle or part thereof, notice shall be given to the Department of Motor Vehicles identifying the vehicle or part there- of removed. At the same time there shall be transmitted to the Department of Motor Vehicles any evidence of regi- stration available, including registration certificates, certificates of title and license plates. SECTION 5513. COLLECTION OF COSTS. If the administrative costs and the cost of removal which are charged against the owner of a parcel of land pursuant to Section 5409 are not paid within 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. SECTION 5514. REMOVAL REQUIRED. No person shall fail or refuse to remove an abandoned, wrecked, dismantled or inoperative vehicle or part thereof or refuse to abate such nuisance when ordered to do so in accordance with the abatement provisions of this Part or state law where such state law is applicable. SECTION 2. The City Clerk shall certify to the passage of this ordinance and cause the same to be published in the manner required by law. Passed and Approved this 20th day of May ,1968. ! Mayor STATE OF CALIFORNIA COUNTY OF LOS ANGELES SS. CITY OF AZUSA I, DEAN F. KLARR, City Clerk of the City of Azusa, do hereby certify that the above Ordinance No. 929 was regularly introduced and placed upon its first reading at a regular meeting of the City Council on the 6th day of May , 1968. That, thereafter, said ordinance was duly adopted and passed at a regular meeting of the City Council on the 20th day of May , 1968, by the following vote, to wit: AYES: Councilmen: Decker, Cooney, Calvert, Solem NOES: Councilmen: None ABSENT: Councilmen: Rubio y �lerk -5- I do further certify that I caused said Ordinance to be published prior to the expiration of fifteen days from the passage thereof in the Azusa Herald and Pomotropic, a newspaper of general circulation, printed, published and circulated in the City of Azusa, on the 26th day of May , 1968, and that the same was published in accordance with law. C t lerk Publish Azusa Herald & Pomotropic, May 26, 1968 -6-