HomeMy Public PortalAboutOrdinance 75-409ORDINANCE NO. 75 -409
AN ORDINANCE OF THE CITY OF TEMPLE CITY
AMENDING SECTIONS 4201, 4202(d), 4204,
4207, 4209(a), AND 4213 OF PART A OF
CHAPTER 2 OF ARTICLE IV OF THE TEMPLE
CITY MUNICIPAL CODE, AND ADDING THERETO
SECTION 4209.1, RELATING TO VEHICLE
NUISANCES
THE CITY COUNCIL OF THE CITY OF TEMPLE CITY DOES ORDAIN:
SECTION 1. Sections 4201, 4202(d), 4204, 4207, 4209(a),
and 4213 of Part A of Chapter 2 of Article IV of the Temple
City Municipal Code are hereby amended to read as follows:
4201. PUBLIC NUISANCE.
The accumulation and storage of abandoned,
wrecked, dismantled, or inoperative vehicles or
parts thereof, except as expressly herein per-
mitted, on private or public property (not in-
cluding 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 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 in-
cluding highways), except as expressly herein
permitted, may be declared to constitute a public
nuisance and abated as such in accordance with
the provisions of Sections 4200 - 4215 and
Section 22660 of the Vehicle Code.
4202. EXCEPTIONS.
(d) A vehicle classified as a
genuine antique, or collector's
item, and licensed as such under
applicable state law.
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.
4204. ENFORCEMENT BY CITY MANAGER.
Except as otherwise provided herein, the pro-
visions of Sections 4200 - 4215 shall be administered
and enforced by the City Manager. In such enforce-
ment, the City Manager or his subordinates may enter
upon private or public property to examine a vehicle
Ordinance No, 75 -409
or parts thereof or to obtain information as to the
identity of a vehicle. Where permission is refused,
search orders may be obtained,
4207. PUBLIC HEARING.
Upon receipt of a copy of the notice set forth
in Sections 4205 and 4206 and expiration of the 48-
hour period, the Secretary 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.
At such meeting of the Planning Commission, a public
hearing shall be held on the question of public
nuisance, and abatement and removal of the vehicle
or part thereof as an abandoned, wrecked, dismantled
or inoperative vehicle and the assessment of admin-
istrative costs and costs of removal of the vehicle
or part thereof against the property on which it is
located,
4209. 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 circumstances con-
cerning its location on the said
private property or public property,
the effect of such upon adjoining
properties and whether a public
nuisance has been created thereby.
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 consideration at the hearing,
and deny responsibility for the
presence of the vehicle on the land,
with reasons for such denial;
4213. 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 nuisance 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
sites
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Ordinance No.
75 -409
SECTION 2. A new Section 4209.1, reading as follows, is
hereby added to Part A of Chapter 2 of Article IV of the
Temple City Municipal Code:
4209.1. NOTICE OF DECLARATION OF PUBLIC NUISANCE.
At the conclusion of the hearing if the Commission
determines that a public nuisance exists, it shall
adopt a resolution declaring such motor vehicle to be
a public nuisance and recommending abatement thereof
to the City Council, which shall be served in the same
manner as described above.
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.
•
APPROVED and ADOPTED this 5th day of August
1975.
ATTEST
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City Clerk
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss:
CITY OF TEMPLE CITY )
Mayor
City of Temple City, California
I, Chief Deputy , City Clerk of the City of
Temple City, do hereby certify that the foregoing Ordinance,
being Ordinance No, 75 -409 was introduced at a regular
meeting of the City Council of the City of Temple City, held
on the 15th day of July , 1975, 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 said City Council held on the 5th day of
August , 1975, by the following vote:
AYES: Councilmen- Dennis, Merritt, Tyrell, Gilbertson.
NOES: Councilmen -None
ABSENT: Councilmen - Greenberg
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City Clerk
City of Temple City, California