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HomeMy Public PortalAboutOrdinance 5451 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 ORDINANCE NO. 545 AN ORDINANCE OF THE CITY OF BEAUMONT, CALIFORNIA PROVIDING FOR THE ABATEMENT AND REMOVAL AS PUBLIC NUISANCES OF ABANDONED, WRECKED, DISMANTLED OR INOPERATIVE VEHICLES FROM PRIVATE PROPERTY OR PUBLIC PROPERTY THE CITY COUNCIL OF THE CITY OF BEAUMONT, CALIFORNIA DO ORDAIN AS FOLLOWS: SECTION 1: In addition to and in accordance with the deter- mination made and the authority granted by the State of California under §22660 of the Vehicle Code to remove abandoned, wrecked, dismantled or inoperative vehicles or parts thereof as public nuisances, the City Council of the City of Beaumont hereby makes the following findings and declarations: The accumulation and storage of abandoned, wrecked, dismantl or inoperative vehicles or parts thereof on private or public pro- perty, not including highways, is hereby found to create a conditio 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 abandoned, wrecked, dismantled or inop- erative vehicle, or part 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 provision of this ordinance. As used in this ordinance: (a) The term "vehicle" means a device by which a person or property may be propelled, moved or drawn upon a highway except in 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. SECTION 2: This ordinance shall not apply to: (a) A vehicle or part thereof which is completely en- closed within a building in a lawful manner where it is not visible from the street or 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 busi- ness of a licensed dismantler, licensed vehicle dealer, a junk dealer, or when such storage or parking is necessary to the opera- tion 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 provisions of law other than Chapter 10 (commencing with §22650 of Division 11 of the Vehicle Ccde and this ordinance. /// Page 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 SECTION 3: This ordinance is not the exclusive regulation of abandoned, wrecked, dismantled or inoperative vehicles within the City limits of the City of Beaumont. It shall supplement and be in addition to the other regulatory codes, statutes and ordin- ances heretofore or hereafter enacted by the City, the State, or any other legal entity or agency having jurisdiction. SECTION 4: Except as otherwise provided herein, the provi- sions of this ordinance shall be administered and enforced by the License Control Officer or such other officer as the City Manager may designate. In the enforcement of this ordinance said officer and his subordinates, or other City employees, 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 ordinance. SECTION 5: When the City Council or appropriate officer of the City of Beaumont 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 to this ordinance. SECTION 6: 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 part thereof under this ordinance. SECTION 7: 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 re- quested, to the owner of the land as shown on the last equalized or 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 is 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 8: 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 9: All hearings under this ordinance shall be held before the License Control Officer or his designated subordinate as hearing officer, who shall hear all the facts and testimony he deem pertinent. Said facts and testimony may include evidence on the condition of the vehicle or part thereof and the circumstances con- cerning its location on the said private property or public propert The hearing officer 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 his reasons for such denial. The hearing officer may impose such conditions and take such ?aoe 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 other action as he deems appropriate under the circumstances to carry out the purpose of this ordinance. 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 hearing officer 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 vehicl or part thereof is located. The order requiring removal shall include a description of the vehicle or part thereof and the correc identification 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 sub- sequently acquiesced in its presence, the hearing officer shall not assess costs of administration or removal of the vehicle again.s 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 hearing officer but does not appear, he shall be notified in writing of the decision. SECTION 10: Any interested party may appeal the decision of the hearing officer by filing a written notice of appeal with the said hearing officer 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 City Clerk shall give written notice of the time and place of the hearing to the appellant and those persons specified in Section 7. In conducting the hearing, the City Council shall not be limited by the technical rules of evidence. SECTION 11: 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 Section 9, or fifteen days after such action of the governing body authorizing removal following appeal, the vehicle or parts thereof may be disposed of by removal to a scrapyard or automobile dismantler's yard. If such commercial channels are not available or are inadequate, the vehicle may be disposed of at any public disposal area which will accept same. After a vehicle has been removed, it shall not thereafter be reconstructed or made operable. SECTION 12: Within five days after the date of removal of the vehicle or parts thereof, notice shall be given to the Depart- ment 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. SECTION 13: If the administrative costs and the costs of removal which are charged against the owner of a parcel of land pursuant to Section 9 are not paid within thirty 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 §25845 of the Government Code and shall be transmitted to the tax collector for collection. Said assessment shall have the same priority as other County taxes. Pane 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 SECTION 14: It shall be unlawful for any person to abandon, park, store or leave or permit the abandonment, parking storing or leaving of any licensed or unlicensed vehicle or parts thereof which is in an abandoned, wrecked, dismantled or inoperative con- dition upon any private property or public property not including highways within the City of Beaumont for a period in excess of ten days unless such vehicle or part thereof is completely enclosed within a building in a lawful manner where it is not plainly visibl from the street or other public or private property, or unless such vehicle is stored or parked in a lawful manner on private property in connection with the business of a licensed dismantler, licensed vehicle dealer or a junkyard. A violation of this section shall be a misdemeanor, punishable by a fine of not more than $500.00 or by imprisonment in the County jail for not more than six months, or by both such fine and imprisonment. SECTION 15: This ordinance shall take effect thirty days after its adoption. PASSED, APPROVED AND ADOPTED UPON SECOND READING this 12th day of April , 1982, upon the following roll call vote: AYES: Councilmen May, Shaw, Hammel and Lowry. NOES: Mayor Thompson. ABSENT: None. ABSTAIN: None. ATTEST: CITY R 12�IM- OR OF THE CITY OF BEA MONT CERTIFICATION The foregoing is certified to be a true copy of Ordinance No. 545 duly adopted by the said City Council of the City of Beaumont on the date herein set forth. CITY CLERK, CITY OF BEAUMONT Page 4