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Home My Public Portal AboutOrdinance 718ORDINANCE NO. 718 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BEAUMONT, CALIFORNIA, AMENDING CHAPTER 8.20 OF THE BEAUMONT MUNICIPAL CODE ENTITLED ABANDONED VEHICLES BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT, STATE OF CALIFORNIA, AS FOLLOWS: Section 1: The following sections of Chapter 8.20 are hereby repealed from the Beaumont Municipal Code in their entirety: 8.20.010 8.20.040 8.20.080 8.20.090 8.20.120 8.20. 130 8.20.140 8.20.150 8.20.190 Section 2: to the Beaumont / Scope of Article. Abandoned Vehicles Hearing Board - Established - Membership. Administration and enforcement. Right to enter on private property. Abatement and removal - Notice of intention. Abatement and removal - Request for public hearing. Abatement and removal - Conduct of public hearings - Decision. Abatement and removal - Appeals. Penalties New sections of Chapter 8.20 are hereby Municipal Code to read as follows: added wa2, a-0) 8.20.010 Scope of Article. This Chapter deals with the abatement and removal of abandoned, wrecked, dismantled or inoperative vehicles on private or public property, not including highways, and adopts a Vehicle Abatement Program pursuant to California Vehicle Code, Sections 22660 -et seg. The authority and procedure for abating and removing abandoned vehicles from highways is contained in the California Vehicle Code. The actions and remedies set forth herein are to be considered as alternatives to all other proceedings authorized by the Beaumont Municipal Code or otherwise by law. The determination as to which alternative action or remedy shall be applied in a particular case shall be made by the City in its discretion based on the facts and circumstances of the particular case. 8.20.040 Abandoned Vehicles Hearing Officer. The Abandoned Vehicle Hearing Officer shall be the City Manager or his designee. 8.20.080 Administration and enforcement. Except as otherwise provided herein, the provisions of this Chapter shall be administered and enforced by the Chief of Police or by any employee or employees of the City appointed by him and acting under his direction provided that the Chief of Police shall file a written confirmation of appointment with the City Clerk. In the enforcement of this Chapter, such persons charged with administration and enforcement 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 parts thereof declared to be a nuisance pursuant to this Chapter, provided written permission or a proper warrant has been obtained. 8.20.090 Right to enter on private property. 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 to this Chapter, provided written persmission or a proper warrant has been obtained. 8.20.120 Abatement and removal - Notice of Intention. A ten (10) day notice of intention to abate and remove the vehicle or parts thereof, as a public nuisance, shall be mailed by the Chief of Police or his designated representative via registered mail to the owner of the land as shown on the last equalized assessment roll and to the last registered and legal owners of record of the vehicle, unless the vehicle is in such condition that identification numbers are not available to determine ownership, and unless the property owner and the owner of the vehicle have signed releases authorizing removal and waiving further interest in the vehicle or part thereof. The form of the notice shall be such as is prescribed by the Chief of Police or his designated representative, and approved by the City Attorney, and shall contain a statement of the hearing rights of the owner of the property on which the vehicle is located and of the owner of the vehicle. The statement shall include notice to the property owner that he may appear in person at a hearing or may 2 submit a sworn written statement denying responsibility for the presence of the vehicle on the land, with his reasons for such denial, in lieu of appearing. However, the notice of intention is not required for removal of a vehicle or part thereof which is located upon a parcel that is zoned for agricultural use or is not improved with a residential structure containing one or more dwelling units, and which is inoperable due to the absence of a motor, transmission, or wheels and incapable of being towed, is valued at less than two hundred dollars ($200) by a person specified in Section 22855 of the California Vehicle Code, and is determined to be a public nuisance presenting an immediate threat to public health or safety, provided that that the property owner has signed a release authorizing removal and waiving further interest in the vehicle or part thereof. Prior to final disposition under Section 22662 of the California Vehicle Code of such a low -valued vehicle or part for which evidence of registration was recovered pursuant to subdivision (a), the Chief of Police or his designated representative shall provide notice to the registered and legal owners of intent to dispose of the vehicle or part, and if the vehicle or part is not claimed and removed within 12 days after the notice is mailed, from a location specified in Section 22662, final disposition may proceed and the City or a contractor of the City shall not be liable for damage caused to a vehicle or part thereof removed pursuant to such section. 8.20.130 Abatement and removal - Request for hearing. A. Upon request by the owner of the vehicle or owner of the land received by the Chief of Police or his designated representative within ten (10) days after the mailing of the notices of intention to abate and remove, a hearing shall be held by the Abandoned Vehicle Hearing Officer established pursuant to Section 8.20.040 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. B. If the owner of the land submits a sworn, written statement denying responsibility for the presence of the vehicle on his land within such ten (10) day period, said statement shall be construed as a request for a hearing which does not require his presence. Notice of the hearing shall be mailed by the Chief of Police or his designated representative via registered mail at least ten (10) days before the hearing date to the owner of the land and to the owner of the vehicle, unless the vehicle is in such condition that identification numbers are not available to determine ownership or unless ownership records are no longer available through the Department of Motor Vehicles. C. If such request for a hearing is not received within ten (10) days after mailing of the notice of intention to abate and remove, the City shall have the authority to abate and remove the vehicle or parts thereof as a public nuisance without holding a hearing, upon the written order of the Chief of Police or his designated representative, a copy of which order shall be filed 3 with the City Clerk, provided written permission or a proper warrant has been obtained. 8.20.140 Abatement and removal - Conduct of hearings - Decision. A. All hearings under this Chapter shall be held before the Abandoned Vehicle Hearing Officer who shall hear all facts and testimony he deems pertinent. Said facts and testimony may include the testimony on the condition of the vehicle or parts thereof and the circumstances concerning its location on the private property or public property. The Hearing Officer shall not be limited by the technical rules of evidence, however, the hearing shall be conducted formally, all testimony shall be sworn testimony, and the hearing shall be recorded. 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 Hearing Officer may impose such conditions and take such other action as he deems appropriate under the circumstances to carry out the purpose of this Chapter. The Hearing Officer 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 hearing, the Hearing Officer may find that a vehicle or parts 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 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, and a copy shall be filed with the City Clerk. C. If it is determined at the hearing that the vehicle was placed on the land without the consent of the owner of the land and that he has not subsequently acquiesced in its presence, the Hearing Officer shall not assess the 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 owner of the land. D. If the owner of the land submits a sworn, written statement denying responsibility for the presence of the vehicle on his land but does not appear, or 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. E. If the Hearing Officer finds that the property owner did not consent or subsequently acquiesce to the presence of the vehicle or parts thereof, then the vehicle owner may be assessed for the costs of removal. F. If the vehicle or parts thereof is on public property, the owner of the vehicle may be assessed for the costs of 4 removal. 8.20.150 Abatement and removal - Appeals. A. Any interested party may appeal the decision of the Abandoned Vehicle Hearing Officer by filing a written notice of the appeal with the Hearing Officer within seven (7) days after his decision. B. Such appeal shall be heard by the City Council which may affirm, amend or reverse the order, or take any other action which may be 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 8.20.120. D. In conducting the hearing, the City Council shall not be limited by the technical rules of evidence, however, the hearing shall be conducted formally, all testimony shall be sworn testimony, and the hearing shall be recorded. The decision of the Council shall be final and conclusive and shall be a written decision which shall be served upon all interested parties by registered mail. The written decision shall contain a notice that judicial review, if desired, must be sought within the 90 - day time limit set forth in California Code of Civil Procedure, Section 1094.6. Section 8.20.200 Judicial Review. California Code of Civil Procedure, Section 1094.6 is hereby adopted and made applicable to any judicial review of any decision made by the City or its Vehicle Abatement Hearing Officer, agents, representatives or employees under this Chapter. Section 8.20.210 Severability. If any section, subsection, sentence, clause or phrase of this Chapter is, for any reason, held unconstitutional or otherwise invalid, such decisions shall not affect the validity of the remaining portions of this Chapter. The City Council hereby declares that it would have adopted this Chapter, and each section, subsection, clause, sentence and phrase thereof, irrespective of the fact that any one or more sections, subsections, clauses, sentences or phrases be declared unconstitutional or otherwise invalid. Section 8.20.220 Gender and Number. Any reference to the masculine shall include the feminine and any reference to the feminine shall include the masculine. Any reference to the singular shall include the plural and any reference to the plural shall include the singular. mownvaa 3o ASID `x?arlo ALIO ('vas) . : ZNaSaV :NlVssgV :SaON :SSAK :a4oA TT90 jjo.z buTMojjo3 9144 uodn 'C661 ' uo buTpeaa puooas uodn pagdope Ajnp sem pue '£66t uo pjaq ' TO PTEs 3o jTauno3 ' T0 aqq 3o buTgaam aejnbai e 4e peonpo.z4uT SPM eoueuTp.zO buTobaio3 aqn 4P14 ' Aauxa0 Ag3USH OG '.uomneag 3o A4T3 8114 30 (1e13 '4T3 ' 'I NOIIV3 IIJ IS0 mownvas 30 ASID am 30 UOAVN 3o Aep xn3Z0 ASID ssss,L�t ST144 QaLdoaV QNV QSSSVd 'QHAON papTAo.zd Se 4oa33a aNe4 TTegs aoueuTp10 sTgy *ON aoueuTp1O • £66T 'MEI AQ :£ uoTpoas IN THE SUPER R COURT OF THE ST " TE OF CALIFORNIA IN AND FOR THE COUNTY OF RIVERSIDE No #4269 Ndtice Regarding Proposed Ordinance 1719 STATE OF CALIFORNIA) County of Riverside ss. I am a citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a party to or interested in the above entitled matter. I am the principal clerk of the printer of Tim DAILY RECORD -GAZETTE a newspaper of general circulation, printed and pub- lished daily in the City of.Banning County of Riverside and which newspaper has been adjudged a newspaper of general circulation by the Superior Court of the County of Riverside, State, of California, under date of October 14, 1966, Cass Number 54737 that the notice, of which the annexed is a printed copy, has been published in each regular and entire issue of said news- paper and not in any supplement thereof on the follow- ing dates, to -wit: June . all in the year 19_.3. 1 certify (or declare) under penalty of perjury that the foregoing is tree and correct. Date June 4 , Signature at Riverside, California 1 , 1993 NOTICE TO BEAUMONT CITIZENS REGARDING PROPOSED • ORDINANCE 719 On June 14, 1993, the Beaumont City Council will consider adopting Ordinance No. 719, repealing Section 12.08.010 of the Beaumont Municipal Code and adding new Section 1208.010 to the Beaumont lt>tnicipal Code, amending Title 12, Streets, Sidewalks and Public Places,• Chapter I2.08, Public Works Construction Standards. You may wish to ex- amine the certified copy of Ordinance No. 719, which is posted in Room 9, City Hall, 550 E. 6th St. Dated: May 19, 1993. —s- Julia White Julia White, Deputy POSTED: , ity Clerk Room 9, City Hall. Beaumont -Cherry Val- ley Water District. Beaumont District Libr ounce *, . , g, Publish 'The Record Gazette No. 269 • 6-4, 1993 17.1 it -4", , e is for the County C' etk'!-fMAYSE4 JUN 0 7 1993 CITY MANAGER ....,: ..,:r...,..,,:.., .. '-'3