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HomeMy Public PortalAboutOrdinance 634ORDINANCE NO. 634 AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BEAUMONT AMENDING CHAPTER 8,20 OF THE BEAUMONT MUNICIPAL CODE PROVIDING FOR "HE ABATEMENT AND REMOVAL AS PUBLIC NUISANCES ()F ABANDONED, WRECKED, DISMANTLED, OR INOPERATIVE VEHICLES OR PARTS THEREOF, FROM PRIVATE PROPERTY OR PUBLIC PROPERTY BE IT ORDAINED by the City Council of the City of Beaumont, State of California, as follows: Section 1. Chapter 8.20 of the Beaumont Municipal Code is hereby amended in its entirety to read as follows: CHAPTER 8.20 ABANDONED VEHICLES. Sections: 8.20.010 Scope of Article. This Chapter deals with the abatement and removal of abandoned, wrecked, disman:led of inoperative vehicles on private or public property, not including highways, and adopts a Vehicle Abatement Program pursuant to Vehicle Code Sections 22660-22668. The Authority a:ld procedure for abating and removing abandoned vehicles from hi'3hways is contained in the Vehicle Code. 8.20.020 Findings and Declarations. In addition to and in accordance with the determination made and the authority granted by the State of California under Section 22660 of tae Vehicle Code of the State to remove abandoned, wrecked, dismantled or inoperative vehicles or parts thereof as public nuisances, the Council makes the following findings and declaratio:as: The accumulation and storage of abandoned, wre:ked, dismantled, or inoperative vehicles or parts thereof on private or public property, not including highways, is founl 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 treating a hazard to health and safety of minors, to create a aarborage for rodents and insects and to be injurious to the health, safety and general welfare. Therefore the presence of an aban3oned, wrecked, dismantled or inoperative vehicle or part thereof, on private or public property not including highways, axcept as expressly hereinafter permitted, is declared to constitute a public nuisance which may be abated as such in accordance with the provisions of this Chapter. 8.20.030 Definitions. As used in this Chapter: A. "Highway" means a way or place of whatever nature, publicly maintained or open to the use of the publi: for purposes of vehicular traffic. "Highway" includes "street". B. "Inoperative" includes, but is not limited to, a vehicle which is not currently and validly registered for operation or use on the highways and streets in the State as regaired under the provisions of Division 3 (commencing at Section 4000 et seq.) of the Vehicle Code of the State. C. "Owner of the land" means the owner of the land on which the vehicle, or parts thereof, is located, as shown on the last equalized assessment roll. D. "Owner of the vehicle" means the last regitered owner and the last legal owner of record. E. "Public property" does not include "highway". F. "Vehicle" means a device by which any person or property may be propelled, moved, or drawn upon a highway, e:ccept a device moved by human power or used exclusively upon stationary rails or tracks. 8.20.040 Abandoned Vehicles Bearing Board - EstablLshed- Membership. There is hereby established an abandoned vehicle hearing board. The board shall consist of three members, namely the Public Safety Director, the Community Development Director and the Building Inspector. 8.20.050 Presumption of an Abandonment. Any vehicLe or part thereof left parked or stored on public property fo:: a period in excess of 72 hours shall be presumed to be abandonea. Any vehicle left, parked or stored on private property Eor a period in excess of twenty-one days shall be presumed to bo abandoned. These are rebuttable presumptions. 8.20.060 Exception. This Chapter shall not apply :o: A. A vehicle or part thereof which is completoly enclosed within a building in a lawful manner where it is no.: visible from the street or other public or private property. B. A vehicle or part thereof which is stored or parked in a lawful manner on private property in connection wita the business of a licensed dismantler, licensed vehicle dealer, or a junkyard; provided, however, that this exception shall not au.:horize the maintenance of a public or private nuisance as defiled under provisions of law other than Chapter 10 (commencing with Section 22650) of Division 11 of the Vehicle Code, and this Chapter. 8.20.070 Regulations Supplemental. This Chapter i3 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 CLty, the State, or any other legal entity or agency having jirisdiction. 8.20.080 Administration and Enforcement. Except as otherwise provided herein, the provisions of this Chapter shall be administered and enforced by the Public Safety Di re .:tor or by any employee or employees of the City appointed by him ,and acting under his direction provided that the Public Safety Director shall file a written confirmation of appointment wi:h the City Clerk. In the enforcement of this Chapter, such pe:sons charged with administration and enforcement may enter upon ?rivate 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. 8.20.090 Right to Enter on Private Property. When the 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 cazse the removal of a vehicle or parts thereof declared to bo a nuisance pursuant to his Chapter. 8.20.100 Fixing Administrative -Costs. The City Coincil shall from time -to -time by resolution determine and fix a:z amount to be assessed as administrative costs, excludng the actual cost of removal of any vehicle or part thereof, under this Chapter. - 2 8.20.110 Abatement and Removal -Authority. Upon discovering the existence of an abandoned, wrecked, dismantled or iroperative vehicle, or parts thereof, on private or public property within the City, the Public Safety Director or his designated representative shall have the authority to cause the abatement and removal thereof in accorance with the procedure prescribed herein. 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 Public Safety Directer or his designated representative via registered mail 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. '.'he form of the notice shall be such as is prescribed by the Public Safety Director or his designated representative, and approved by the City Attorney. 8.20.130 Abatement and Removal-Regliest for Public Bearing. A. Upon request by the owner of the vehicle o]: owner of the land received by the Public Safety Director or his designated representative within ten (10) days after the mailing of the notices of intention to abate and remove, a public ]searing shall be held by the Abandoned Vehicle Hearing Board established pursuant to Section 8.20.040 on the question of aba.:ement 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 1,)cated. B. If the owner of the land submits a sworn, written statement denying responsibility for the presence o:E the vehicle on his land within such ten (10) day period, said s.:atement shall be construed as a requst for a hearing which does n,)t require his presence. Notice of the hearing shall be mailed by the City Manager or his designated representative via registered mail at least ten (10) days before the hearing date to the Dwner of the land and to the owner of the vehicle, unless the veaicle is in such condition that identification numbers are not available to determine ownership. C. If such request for a hearing is not receiied 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 withoat holding a public hearing, upon the written order of the Public Safety Director or his designated representative, a copy of which order shall be filed with the City Clerk. 8.20.140 Abatement and Removal Conduct of Public Hearings Decision. A. All hearings under this Chapter shall be held before the Abandoned Vehicle Hearing Board established pursuant to Section 8.20.040 which shall hear all facts and testimony it 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 board shall not be limited by the technical rules of evidence. 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. - 3 B. The board may impose such conditions and take such other action as it deems appropriate under the circumstances to carry out the purpose of this Chapter. It may delay the time for removal of the vehicle or parts thereof if, in its cpinion, the circumstances justify it. At the conclusion of the public hearing, the board 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 i:emoval 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 1:.cense 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 board shall not assess the costs of administration or removal of the vehicle against the property upon which the veh:.cle 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 interestel party makes a written presentation to the board but does not appear, he shall be notified in writing of the decision. 8.20.150 Abatement and Removal Appeals. A. Any interested party may appeal the decisiDn of the Abandoned Vehicle Hearing Board established pursuan: to Section 8.20.040 by filing a written notice of the appeal with the Board within seven days after its decision. B. Such appeal shall be heard by the City Coulcil which may affirm, amend or reverse the order to take othe 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 8.20.120. D. In conducting the hearing, the City Council shall not be limited by the technical rules of evidence. The decision of the Council shall be final and conclusive. 8.20.160 Abatement and Removal -When. Ten (10) days after the latter of 1) the adoption of the order declaring the vehicle or parts thereof to be a public nuisance, 2) the date of mailing of notice of the decision if such notice is required by Section 8.20.140 or 3) the action of the Council authorizing removal following appeal, the vehicle 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, unless it is a vehicle which qualified for either horseless carriage license plates or historical vehicle licenses plates pursuant to California Vehicle Code Section 5004, in which case the vehicle may be reconstructed or made operable. 8.20.170 Abatement and Removal -Notice and Transmittals Department of Motor Vehicles. Within five (5) days after the date of removal of the vehicle or parts thereof, notice shall be given to the Department 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 cert:.ficates, certificates of title and license plates. 8.20.180 Abatement and Removal - Assessment of Cos1:s of Landowners. If the administrative costs and the co3t of removal which are charged against the owner of a parcel of :Land pursuant to Section 8.20.140 are not paid within thirty (30) days of the date of the order or the final disposition of an ap?eal 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. 8.20.190 Penalties. A. It is unlawful for any person who has previDusly had any vehicle owned by him or placed on his land abated i:1 accordance with the provisions of this Chapter, excepting the Avner of land exonerated pursuant to Section 8.20.140C, to abandon, park, store, or leave or permit the abandonment, parking, storing or leaving of any licensed or unlicensed vehicle or part thereof, which is in an abandoned, wrecked, dismantled or inDperative condition upon any private property or public property not including highways within the City unless such vehi:le or part thereof is completely enclosed within a building in a lawful manner where it is not plainly visible from the street or other public or private property, or unless such vehicle Ls stored or parked in a lawful manner on private property in conjunction with a business of a licensed dismantler, licensed vehicLe dealer, or a junkyard. B. It is unlawful for any person to fail or tD refuse to remove an abandoned, wrecked, dismantled or inoperative vehicle, or part thereof, or to refuse to abate such nuisance when ordered to do so in accordance with the abatement provisions of this Chapter. Section 2. This ordinance is adopted as an urgency ordinance pursuant to Government Code Sections 36934 and 36937 based upon evidence known by and presented to the City Council; wherefore, it declares that the presence of abandoned, wrecked, dismantled or inoperative vehicles on public and private property within the City currently constitutes an immediate health and safety hazard which urgently needs to be abated. Section 3. This Ordinance shall take effect as provided by law INTRODUCED AND PASSED UPON FIRST READING this 10th day of November, 1986, upon the following roll call vote: AYES: NOES: Council Members Connors, Shaw, Waller, Fusso and Mayor Partain. None. -5- ABSTAIN: None. ABSENT: None. BEAUMONT ATTEST: • CIj CLERK (Deputy) APPRO ED AS TO C TY A 4gilr_A .'OR OF THE C::TY OF CERTIFICATION I, Irene Joyce Sweeney, City Clerk of the City of Beaumont, DO HEREBY CERTIFY that the foregoing Ordinance was introduced at a regular meeting of the City Council of said City neld on the 10th day of November , 1986, and was duly adopted upon first reading on the date herein set forth - 6 (Deputy) CITY CLERK, CI'PY OF BEAUMONT