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.
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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.
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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.
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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.
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ABSTAIN: None.
ABSENT: None.
B E AU MON T
ATTEST:
ge
CI) CLERK (Deputy)
APPRO ED AS TO /had,/
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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
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(Deputy)
CITY CLERK, CIPY OF BEAUMONT