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HomeMy Public PortalAboutOrdinance 634 (2)ORDINANCE 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 'JPHE ABATEMENT: AND REMOVAL AS PUBLIC NUISANCES OF ABANDONED, WRECKED, DISMANTLED, OR INOPERA7p'IVE VEHICLES OR PARTS THEREOF, FROM PRIVATE PR(0)PERTY 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, dismantled of inoperative vehicles on private or public property, not including highways, and adopts a Vehicle Abatement Program pul:suant to Vehicle Code Sections 22660-22668. The Authority and procedure for abating and removing abandoned vehicles from highways 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 tale 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 declarations: The accumulation and storage of abandoned, wrecked, dismantled, or inoperative vehicles or parts thereof on private or public property, not including highways, is 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 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 hereinafter permitted, is declared to constitute a public nuisance which may be abated as such in accordance with the provisions of this Chapter. 8.2Q.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 public for purposes of vehicular traffic. "Highway" includes "street". B. "Inoperati-ve" 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 required 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. 1 D. "Owner of the vehicle" means the last registered 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, except a device moved by human power or used exclusively upon staticnary rails or tracks. 8.20.040 Abandoned Vehicles Hearing Board - Established - Membership. There is hereby established an abandoned vehicle hearing board. The board shall consist of three members, namely the Public Safety Director, the Community Developmer.t Director and the Building Inspector. 8.20.050 Presumption of an Abandonment. Any vehicle or part thereof left parked or stored on public property fol a period in excess of 72 hours shall be presumed to be abandoned. Any vehicle left, parked or stored on private property for a period in excess of twenty-one days shall be presumed to be abandoned. These are rebuttable presumptions. 8.20.060 Exception. This Chapter shall not apply 1:o: 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. 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, or a junkyard; provided, however, that this exception shall not auhorize 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 is not the exclusive regulation of abandoned, wrecked, dismantled or inoperative vehicles within the City. It shall sup;?lement and be in addition to the other regulatory codes, statutes and ordinances heretofore or hereafter enacted by the City, 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 Dire: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 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. 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 cause the removal of a vehicle or parts thereof declared to be a nuisance pursuant to his Chapter. 8.20.100 Fixing Administrative -Costs. The City Council shall from time -to -time by resolution determine and fix an 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 disccvering the existence of an abandoned, wrecked, dismantled or inoperative 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 a)atement 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. The 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 -Request for Public Hearing. A. Upon request by the owner of the vehicle or 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 hearing shall be held by the Abandoned Vehicle Hearing Board 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 stz.tement shall be construed as a requst for a hearing which does notrequire 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 ovner 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. C. If such request for a hearing is not receivod 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 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 Herrings Decision. A. All hearings under this Chapter shall be hell 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 responsibilit( 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 opinion, 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 removal to be charged against the owner of the land. The order rcquiring 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 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 :`rom 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 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 pursuant 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 Council 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 authorizirg 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) day:; 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 certificates, certificates of title and license plates. 8.20.180 Abatement and Removal - Assessment of Costs of Landowners. If the administrative costs and the cot of removal which are charged against the owner of a parcel of Jand 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 appeal therefrom, such costs shall be assessed against the parcel of :.and 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 previously had any vehicle owned by him or placed on his land abated iii accordance with the provisions of this Chapter, excepting the ,>wner of land exonerated pursuant to Section 8.20.140C, to abando;i, 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 in)perative condition upon any private property or public property not including highways within the City unless such vehicle 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 is 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 to 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 abandored, 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, Russo and Mayor Partain. None. -5- ABSTAIN: None. ABSENT: None. B E AU MON T ATTEST: ge CI) CLERK (Deputy) APPRO ED AS TO /had,/ , o TY A,..%fr Y / CERTIFICATION OR OF THE CITY OF I, Irene Joyce Sweeney, City Clerk of the City of Beaumont, DO HEREBY CERTIFY that the foregoing Ordinance was ;Lntroduced at a regular meeting of the City Council of said City zeld on the 12th day of November , 1986, and was duly adop:ed upon first reading on the date herein set forth 6 (Deputy) CITY CLERK, CIPY OF BEAUMONT