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HomeMy Public PortalAboutOrdinance 68-272ORDINANCE NO. 68 -272 AN ORDINANCE OF THE CITY OF TEMPLE CITY ADDING SECTIONS 4277, ET SEQ., TO THE TEMPLE CITY MUNI- CIPAL CODE PROVIDING FOR THE ABATEMENT AND REMOVAL AS PUBLIC-NUISANCES-0F ABANDONED, WRECKED, DIS- MANTLED OR INOPERATIVE VEHICLES OR PARTS THEREOF FROM PRIVATE PROPERTY"OR PUBLIC PROPERTY (NOT INCLUDING HIGHWAYS) AND FOR RECOVERY OF COSTS OF ADMINISTRATION THEREOF AS AUTHORIZED BY SECTION 22660 OF THE VEHICLE CODE. THE CITY COUNCIL OF THE CITY OF TEMPLE CITY DOES ORDAIN: SECTION 1. In addition to and in accordance with the determina- tion made and the authority granted by the State of California under Section 22660 of the Vehicle Code to remove abandoned, wrecked, dis- mantled or inoperative vehicles or parts thereof as public nuisances, the City Council of the City of Temple City hereby makes the findings and declarations set forth .in.this Ordinance. SECTION 2. Sections 4277- 4277.13, reading as follows, are hereby added to the Temple City Municipal Code: Sec. 4277. Public Nuisance. The accumulation and storage of abandoned, wrecked, dis- mantled, or inoperative vehicles or parts thereof, except as expressly herein permitted, on private or public property (not including highways) is hereby found to create a condition tend- ing to reduce the value of private property, 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 health, safety and general welfare. Therefore, the presence of an abandoned, wrecked, dismantled or inoperative vehicle or part thereof, on private or public property (not including highways), except as expressly herein permitted, is hereby declared to consti- tute a public nuisance which may be abated as such in accord - ance with the provisions of Sections 4277 - 4277.13 and Section 22660 of the Vehicle Code. Sec. 4277.1. Definitions. For the purpose of Sections 4277 - 4277.13: (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 ". Sec. 4277.2. Exceptions. Sections 4277- 4277.13 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 private property; or (b) A vehicle or part 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, a junk dealer, or when such storage or parking is necessary to the operation of a lawfully conducted business or commercial enterprise; or Ordinance No. 68 -272, page 2 (c) A vehicle which has remained inoperative for less than 72 hours accumulated; provided, however, that this exception shall not apply to vehicles stored or parked in front yard areas, (d) A vehicle classified as a genuine antique, having a value in excess of $500,00. Nothing in this Section shall authorize the maintenance of a public or private nuisance as defined under provisions of law other than Chapter 10 (commencing with Section 22650) of Division 11 of the Vehicle Code and this Ordinance. Sec.. 427703. Non - exclusive Regulation, Sections 4277 - 4277013 are not the exclusive regulation of abandoned, wrecked, dismantled or inoperative vehicles within the City; instead shall supplement and be in addition to the other regulatory provisions heretofore or hereafter enacted by the City, the State, or any other legal entity or agency hav- ing jurisdiction. Sec. 4277.4. Enforcement by City Manager; Notice of Violation. (a) Except as otherwise provided herein, the provisions of Sections 4277 - 4277013 shall be administered and enforced by the City Manager, (b) In such enforcement, the City Manager or his subor- dinates may enter upon private or public property to examine a vehicle or parts thereof or to obtain information as to the identity of a vehicle. (c) Where the City Manager determines that there is such an abandoned, wrecked, dismantled or inoperative vehicle, he shall give written notice of such determination either 1) by personally serving the occupant of such premises, or 2) by placing or affixing such notice to the vehicle or parts thereof. The notice shall state the date, the determination as defined in Section 4277 and prescrive a minimum of 48 hours within which the vehicle or part thereof shall be removed. A copy of such notice shall be promptly delivered to the Secretary of the Planning Commission. Seca 4277.5. Public Hearing. (a) Upon receipt of a copy of the notice set forth in Section 427704 and expiration of the 48 hour period, the Secre- tary of the Planning Commission may present the violation to the Planning Commission at its regular meeting, but in no event less than fifteen (15) days from the date stated on such notice. (b) At such meeting of the Planning Commission, a public hearing shall be held on the question of abatement and removal of the vehicle or part thereof as an abandoned, wrecked, dis- mantled or inoperative vehicle and the assessment of adminis- trative costs and costs of removal of the vehicle or part thereof against the property on which it is located. (c) Notice of such 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 regis- tered and legal owner of record of such vehicle or part unless 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. Ordinance No. 68 -272, page 3. Sec. 4277.6. Notice to California Highway Patrol. 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. Sec. 4277.7. Conduct of Hearings, Assessment of Costs. (a) All such hearings shall be held before the Planning Commission which shall hear all facts and testimony it deems pertinent. Said facts and testimony may include testimony on the condition of the vehicle or part thereof and the circum- stances concerning its location on the said private property or public property. The Planning Commission shall not be limited by the technical rules of evidence. 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 consi- deration at the hearing, and deny responsibility for the presence of the vehicle on the land, with his reasons for such denial. (b) The Planning Commission may impose such conditions and take such other action as it deems appropriate under the circumstances to carry out the purpose .hereof. It may delay the time for removal of the vehicle or part thereof, if, . in its opinion, the circumstances justify it. At the conclusion of the public hearing, the'Planning Commission may 1) find that a vehicle or part thereof has been abandoned, wrecked, dis- mantled, or is inoperative on private or public property and 2) issue its written order to have the same removed from the property as a public nuisance and disposed of as hereinafter provided; and 3) determine whether the administrative costs and the cost of removal are to be charged against the owner of the parcel of land on which the vehicle or part thereof is- located. The order requiring removal shall include a descrip- tion of the vehicle or part thereof and the correct i denif i - cation number and license number of the vehicle, if located thereon. (c) 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 presence, the Planning Commission shall not assess costs of administra- tion 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. (d) If an interested party makes a written presentation to the Planning Commission but does not appear, he shall be notified in writing of the decision. Sec. 4277,8. Removal, Authority. When the City Council has contracted with or granted a 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 hereto. Sec. 4277.9. Determination of Costs. The costs of removal and abatement shall be the actual charges submitted by the person or persons under contract or franchise with the City for such removal. The administrative costs are hereby determined to be $25.00 for each such removal. Seca 4277.10. Appeals. (a) Any interested party may appeal the decision of the Planning Commission by filing a written notice of appeal with Ordinance No. 68 -272, page 4, the City Clerk within six (6) days after the date of the mailing of the notice of the decision of the Planning Commission. (b) Such appeal shall be heard by the City Council which may affirm, amend or reverse the order to take other action deemed appropriate. (c) The City Clerk shall give written notice of the time and place of the hearing to the appellant and those persons specified in Section 4277.5 and 4277.6. (d) In conducting the hearing the City Council shall not be limited by the technical rules of evidence. Sec. 4277.11. Disposal of Vehicle. Unless so appealed, six (6) days after the mailing of the order declaring the vehicle or parts thereof to be a public nui- sance and ordering its removal, the City may cause the vehicle or parts thereof to be disposed of by removal to a scrapyard or automobile dismantler's yard or other suitable site. After a vehicle has been so removed, it shall not thereafter be recon- structed or made operable. Sec. 4277.12. Notice of Disposal. Within five (5) days after the date of removal of the vehicle or part thereof, notice shall be given to the Department of Motor Vehicles identifying such vehicle or part thereof. At the same time there shall be transmitted to the Department of Motor Vehicles any evidence of registration available, includ- ing registration certificates, certificates of title and license plates. Sec. 4277.13. 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 4277.7 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 3. The City Clerk of the City of Temple City shall certify to the passage and adoption of this Ordinance and to its approval by the Mayor and shall cause the same to be published in the Temple City Times, a newspaper of general circulation, printed, published and circulated in the City of Temple City. PASSED, APPROVED and ADOPTED this 6th day of August 1968. ATTEST: Cit C1 Mayor City of Temple City, Cal fornia. Ordinance No. 68 -272, page 5 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss: CITY OF TEMPLE CITY ) I, KARL L. KOSKI, City Clerk of the City of Temple City, do hereby certify that the foregoing Ordinance, being Ordinance No. 68- 272, was introduced at a regular meeting of the City Council of the City of Temple City, held on the 16th day of July, 1968, and was duly passed, approved and adopted by said Council, approved and signed by the Mayor and attested by the City Clerk at a regular meeting of the City Council held on the 6th day of August , 1968, by the following vote: AYES: Councilmen- Beckley, Harker, Merritt, Briggs NOES: Councilmen- None ABSENT: Councilmen- Tyrell 1 1 City Clerk of the City of Temple City, California