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HomeMy Public PortalAboutOrd. 1527ORDINANCE 1 3 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LYNWOOD AMENDING CHAPTER 7 OF THE LYNWOOD MUNCIPAL CODE RELATING TO ABANDONED VEHICLES AND TOWING SERVICES WHEREAS, the City of Lynwood has recently adopted specific procedures for the abatement and removal of abandoned vehicles; and WHEREAS, the City of Lynwood has a need to modify a procedure for referral towing services; and WHEREAS, the problem of abandoned vehicles within the City of Lynwood has increased recently through the frequency of the situation; and WHEREAS, Vehicle Code section 21100 provides that cities may by ordinance or resolution license and regulate the operation of tow truck services where the principal place of business is within the City of Lynwood; and WHEREAS, the City Council has found, upon information and documentation provided by staff that stricter provisions with regard to the abandonment of vehicles and towing services is in the best interests of the City of Lynwood. NOW 'THEREFORE, THE CI'T'Y COUNCIL OF THE CITY OF LYNWOOD HEREBY DOES ORDAIN AS FOLLOW: Section 1: That Section 7 -22.5 be amended to read as follows: 7 -22.5 CITY MANAGER TO BE ENFORCEMENT OFFICER. The Lprovisions of this section shall be administered and enforced by the Sheriffs Department or City Department engaged- in directing traffic or enforcing parking laws and abatement regulations in the City under the supervision and direction of the City Manager. In the enforcement of this section, the Sheriff's Department or 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 section. Section 2: That Section 7 -22.6 be amended to read as follows: 7 -22.6 Authority to Remove Vehicles by Contractors Designated by City Council. The City Council may by resolution designate a City Authorized Exclusive Towing Service Provider as the appropriate service to remove, store, and dispose of abandoned vehicles pursuant to law, and the City Council may by resolution prescribe the fees to be paid to the said towing company for each such removal. The City Authorized Exclusive Towing Service Provider 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 section. Section 3: That Section 7-22.7-be amended to read as follows: 7 -22.7 Assessment of Administrative Costs. The City Council shall from time to time by resolution determine and fix an amount to be assessed as administrative costs, including the actual cost of removal and storage of any vehicle or parts thereof, under this section. Section 4: That Section 7 -22.8 be amended to read as follows: 7 -22.8 Authority to Cause Abatement, Removal of Vehicles; Notices of Intention; Hearing and Notice Required; Action Without Hearing Authorized. a. Upon discovering the existence of an abandoned, wrecked, dismantled, or inoperative vehicle, or parts thereof, on private property or public property within the City, the City Manager or its designee, or the Sheriff's Department shall have the authority to cause the abatement and removal thereof in accordance with the procedures prescribed herein. A ten (10) day notice of intention to abate and remove the vehicle, or parts thereof, as a public nuisance shall be mailed by registered mail to the owner of the property on which the vehicle is located and to the owner of the vehicle itself, unless the vehicle is in such condition that identification numbers are not available to determine ownership. The notices of intention shall be in substantially the following forms: NOTICE TO LANDOWNER OF INTENTION TO ABATE AND REMOVE AN ABANDONED, WRECKED, DISMANTLED, OR INOPERATIVE VEHICLE OR PARTS THEREOF AS A PUBLIC NUISANCE ,,Name and address of owner of the land) As owner shown on the last equalized assessment roll of the land located at (address), you are hereby notified that the undersigned pursuant to (section of municipal code) has determined that there exists upon said land an abandoned, wrecked, dismantled or inoperative vehicle or parts thereof registered to , license number which constitutes a public nuisance pursuant to the provisions of Section 7 -22 of Chapter 7 (subsection 7 -22. 1 et seq.) of the Code of the City of Lynwood. You are hereby notified to abate this nuisance by the removal of the vehicle or the parts thereof within ten (10) days from the date of mailing of this notice, and, upon your failure to do so, the same will be abated and removed by the City and the costs thereof, together with administrative costs, assessed to you as owner of the land on which the vehicle or the part thereof is located. As owner of the land on which the vehicle or the part thereof is located, you are hereby notified that you may, within ten (10) days after the mailing of this notice of intention, file a request for a public hearing with the City Manager's Office. If such a request is not received by the Cit), Manager within such ten (110) day period, the City Manager or its designee shall have the authority to abate and remove the vehicle or the part thereof as a public nuisance and assess the costs as aforesaid without a public hearing. You may submit a sworn written statement within such ten (10) day period denying responsibility for the presence of the vehicle or the parts thereof on the land, with your reasons for denial, and such statement however, be construed as a request for bearing at which your presence is not required. You may appear in person at any hearing requested by you or the owner of the vehicle or, in lieu thereof, and may also present a sworn written statement as aforesaid in time for consideration at such hearing. Notice mailed S/ (date) City Manager of the City of Lynwood City Manager of the City of Lynwood NOTICE TO VEHICLE OWNER/OPERATOR OF INTENTION TO ABATE AND REMOVE AN ABANDONED; WRECKED, DISMANTLED OR INOPERATIVE VEHICLE OR PARTS THEREOF AS A PUBLIC NUISANCE (Name and address of last registered and /or legal owner of record of vehicle notice should be given to both if different) As last registered and/or legal owner of record of (description of vehicle -make, model, license, etc.) you are hereby notified that the undersigned pursuant to (section of municipal code) has determined that the vehicle or parts thereof exists as an abandoned, wrecked, dismantled or inoperative vehicle at (describe location on public or private property) and constitutes a public nuisance pursuant to the provisions of Section 7 -22 of Chapter 7 (subsection 7 -22.1 et seq.) of the Code of the City of Lynwood. k You are hereby notified to abate the nuisance by the removal of the vehicle or the parts thereof within ten (10) days from the date of mailing of this notice. As registered and/or legal owner of record of the vehicle or the parts thereof, you are hereby notified that you may, within ten (10) days after the mailing of this notice of intention, request a public hearing, and, if such a request is not received by the hearing officer within such ten (10) day period, the City Manager or its designee shall have the authority to abate and remove said vehicle or said parts thereof without a hearing. Notice mailed s/ (date) City Manager of the City of Lynwood b. Upon request by the owner of the vehicle or owner of the land received by the City Manager within ten (10) days after the mailing of the notices of intention to abate and remove, a public hearing shall be held by the Hearing Officer 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 part thereof against the property on which it is located c . 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, the statement shall be construed as a request for a hearing which does not require his presence. Notice of the hearing shall be mailed, by registered mail, at least ten (10) days before the hearing to the owner of the land and to the owner of the vehicle, unless the vehicle is in such condition that identification numbers an not available to determine ownership. If such a request for hearing is not received within the 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. Section 5: That Section 7 -22.9 be amended to read as follows: 7 -22.9 Hearing Procedure; ]Findings. a. All hearings under this section shall be held before such the Hearing Officer, as may be designated from time to time by the City Manager, who shall hear all facts and testimony he deems pertinent. The facts and testimony may include 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. 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 section. He 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 public 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 that administrative costs and the cost of removal to be charged against i the owner of the land. The order requiring removal shall include a description of the vehicle or Lpart thereof and the correct identification number and license number of the vehicle, if available at the site. 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. Section 6: That existing Section 7 -22.13 be deleted and new language be added to read as follows: 7 -22.13 Payment of Assessment of Costs. If the administrative costs including the cost of removal as set pursuant to the following Subsection 7 -22.14 which are charged against the owner of a parcel of land pursuant to this section are not paid within thirty (30) days of the date of the order or the final disposition of an appeal there from, such costs shall be assessed against the parcel of land pursuant to Section 38773.5 of the State Government Code and shall be transmitted to the Tax Collector for collection. The assessment shall have the same priority as other City or County Taxes. Section 7: That a new Section 7 -22.14 be added, to read as follows: 7-22.14 Payment to the City Authorized Exclusive Tow Service Provider. The City Council shall by resolution determine the payment to the City Authorized Exclusive Tow Service Provider for the towing, storage and disposal of the abandoned, wrecked, dismantled or inoperative vehicle or parts. Section 8: That Section 7 -23 shall be deleted in its entirety and the following new language be adopted to read as follows: 7 -23 CITY REFERRAL T ®WING SERVICES. 7 -23.1 "City Authorized Exclusive Tow Service Provider" Defined. City Authorized Exclusive Tow Service Provider shall mean the tow service provider designated by the City Council by resolution as the primary and only tow provider to receive City referrals. "City Referral" Defined. City Referral shall mean those instances when any member of the Sheriff's Department or any designated City employee orders or requests towing? service from City Authorized Exclusive Tow Service Provider whether such service V involves city vehicles or private vehicles determined to be relocated by members of the Sheriffs Department or designated City employees pursuant to provisions of law. The term City referral towing business shall mean that portion of City Authorized Exclusive Tow Service Provider's business or revenue attributable from City referrals. 7 -23.2 City Authorization Required. As an alternative, the City Council may by resolution authorize more than one tow truck service to receive City referrals, provided that the principal place of business of each tow truck service is within the City of Lynwood. 7 -23.4 Abandoned Vehicles. The City Council shall by resolution designate a City Authorized Exclusive Towing Service Provider as the appropriate service to remove, store, and dispose of any and all abandoned vehicles, pursuant to law, and the City Council may by resolution prescribe the fees to be paid to the towing company for each such removal. 7 -23.5 Permit Tax and Penalties. The City Authorized Exclusive Towing Service Provider shall pay to the City a sum provided from time to time by resolution of the City Co -ancii of that proportion of a City Authorized Exclusive Towing Service Provider's gross receipts attributed to the City's referral business. A City Authorized Exclusive Towing Service Provider who fails to remit the required sums as set by the City Council within the time required may be required to pay a penalty to be set by resolution of the City Council, in addition to the required payment 7 -23.6 Accounting Records Required for Audit Purposes. City Authorized Exclusive Towing Service Providers shall maintain separate accounting records of all charges for impounded and stored vehicles. Such records shall be available to representatives of the Department of Finance and Administration for audit purposes. 7 -23.7 Towing Fee Rates. The maximum rates to be charged for referral towing services shall be those rates, which the City Council may, from time to time, establish by resolution. Upon the adoption of any such resolution, the City Clerk shall immediately forward a certified copy of such resolution to all City Authorized Exclusive Towing Service Providers authorized under this section. 7 -23.8 Tow Car Requirements. All towing equipment used by City referral towing service permit holders shall comply with the following requirements: a. Meet all applicable sections of tow car requirements listed in the California Vehicle Code. b. Be adequate to handle any passenger vehicle, motorcycles and /or large and small trucks, trailers, tractors and other similar heavy equipment. Standard tow trucks manufactured as such shall be used, not converted other trucks. C. Possess cable- winches of sufficient size and capacity to retrieve vehicles which have gone over embankments or off traveled portions of roadways into inundated areas or other inaccessible locations when required. d. Tow car operators must be proficient in unlocking vehicles on police order e. Tow trucks shall be radio - equipped or posses similar comparable communication device with equipment approved by the Sheriff s Department and operating at all times when the tow vehicle is in use or on standby. f. Any additional requirements as the Sheriff s Department may reasonably required from time to time. 7 -23.9 Obligation to Serve; Response Time. A City Authorized Exclusive Tow Service Provider is required to respond to any and all calls from a member of the Sheriff's Department or designated City employees for towing services within the City and shall provide such services for any vehicle as directed by the member of the Sheriffs Department or City. Response time for referral services shall be within fifteen (15) minutes of such requests twenty -four hours (24 hours) at all times including weekends and holidays. The City Council may suspend or revoke a permit issued pursuant to these provisions for repeated failure to comply with this subsection. 7 -23.10 Storage Requirements. All City Authorized Exclusive Tow Service Providers shall conform to the following storage requirements. a. Storage lots areas must be properly fenced with a suitable material, six (6) feet in height; lots must be equipped so as to provide adequate lighting during the hours of darkness and shall be provided with ample facilities for locking vehicles and providing security. b. Storage areas shall be secured to preclude the possibility of theft, possible damage or the contamination of prints, or spoliation of other evidence. C. The towing service and garage will be available on a twenty -four (24) hour basis and an attendant shall be available within fifteen (15) minutes to answer requests for service at the official towing service garage. d. Whenever the term "day" is mentioned in these requirements, it is to be interpreted as a twenty -four (24)-hour period from the time of impoundment, including weekends and holidays. e. Vehicles stored for prints, photographs or special investigations shall be stored inside to be protected from dust and dirt or deterioration by the sun or other elements and shall not be removed from such storage unless and until authorized by appropriate member of the Sheriff's Department. f . All Sheriff Department and City employees' tows shall be considered as impounds. All other tows shall be agreed upon between the owner of the vehicle and the contractor. 7 -23.11 Insurance Requirements. City Authorized Exclusive Tow Service Providers shall comply with the following insurance requirements: a. Each City Authorized Exclusive Tow Service Provider shall furnish the City a policy or certificate of liability insurance in which the City is named insured or is a named additional insured with the contractor. The insurance hereunder is primary and shall be noncontributory to any other insurance available. The policy shall insure the City, its officers and employees while acting within the scope of their duties against all claims arising out of or in connection with the permit. The coverage amounts shall be set by City Council resolution from time to time. Notices of limits and changes on coverage shall be furnished to each contractor in writing, which shall comply within thirty (30) days and thereafter maintain the revised policies unless until subsequently amended. b. The City shall be notified by certified mail not less than thirty (30) days before expiration or cancellation of policies in effect 7 -23.12 Records; Availability; Provisions. City Authorized Exclusive Tow Service Providers and /or storage garage operators shall maintain records of all impounded and stored vehicles ordered by the Sheriffs Department and designated City employees at their places of business. Such records shall be available to the representatives of the Sheriff s Department and City Manager or his authorized representatives only. Records must be retained for not less than two (2) years. The records to be maintained shall be designated by the City Manager. 7 -23.13 Scene of Accident. If a tow truck has been dispatched to the scene of an accident or to a vehicle which has been impounded by the Sheriff's Department, the tow truck operators shall cooperate with law enforcement officers in removing hazards and illegally parked vehicles. 7 -23.14 Record Log Required To Be Kept by Tow Service. The referral tow service and storage garage operators shall keep a 24 -month continuous record log showing the time and date that they receive each and every call from the Sheriff's Department or City employee. 7 -23.15 Vehicle Release. No work or contract shall be entered into between a re erral tow service and the storage garage operator and the vehicle owner or his agent until the vehicle has been released by the Sheriff's Department or designated City employee. 7 -23.16 Rights of Vehicle Owner. The right of any vehicle owner involved in a traffic collision to call for a towing service of his own choosing shall not be infringed upon so long as the removal of his vehicle is made without undue delay. In those cases where the owner of a damaged vehicle chooses to use the services, of the City's Authorized Exclusive Tow Service Providers and storage garage, such services and charges related thereto shall be the responsibility of the contractor and owner of the vehicle. 7 -23.17 Tow Service Responsible for Vehicle. The tow service and storage garage operator, upon signing CHP Form No. 180, or such successor form, Report of Impounded Vehicle, assumes full responsibility for the vehicle and its contents on each impound. 7 -23.18 City Manager to Approve Display of Signs by Tow Service. Except as otherwise provided, a tow service and storage garage operator shall not display any signs or advertising materials which indicate an official towing service or police garage of the City without having received the prior written permission of the City Manager. 7 -23.19 Inspection of Facilities. The City reserves the right to inspect the facilities, equipment, and premises of the City Authorized Exclusive Tow Service Providers at any time during the life of this permit in order to ensure that all terms and conditions of this Code are being satisfactorily met and complied with. 7 -23.20 Power to Revoke or Suspend Permits. Permits provided for in this section may be granted, denied, revoked, suspended or cancelled whenever in the exercise of reasonable and sound discretion, the City Council determines that the provisions of this section have not been complied with or that the City Authorized Exclusive Towing Service Provider is not a ft or proper company to operate a City referral towing service. o rA 7 -23.21 Violation Unlawful. It shall be unlawful for any person to violate any of the subsections or provisions of this section and shall subject the violator to such civil penalties as may be appropriate. Section 9: The City Clerk of the City of Lynwood is hereby directed to certify the passage and adoption of this ordinance and cause it to be published or posted as required by law. First read at a regular meeting of the City Council held on the 23rd day of October 2002 and adopted and ordered published at a regular meeting of said Council held on the 5th day of November , 2002. ATTEST: ARTURO REYE ,Mayor City of Lynwood ANDREA L. HOOPER, City Clerk APPROVED AS TO FORM: MICHAEL B. MONTGOM f City Attorney, City of Lynwood 1 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss: CITY OF LYNWOOD ) I, ANDREA HOOPER, City Clerk of the City of Lynwood, California, do hereby certify that the foregoing ordinance was duly and regularly adopted, passed and approved by the City Council of the City of Lynwood, California, at a regular meeting of said City Council held at the regular meeting place thereof on the 5th day of _November , 2002 by the following vote: AYES COUNCILMEN PEDROZA, RODRIGUEZ, REYES NOES COUNCILMEN BYRD, RICHARDS ABSENT NONE EXCUSED NONE Dated this 5th_ day of November , 2002 Andrea L. Hooper, City Clerk I Approved As To Form: City Attorney l