HomeMy Public PortalAboutOrd. 09031
OxvlNAiact. No. 903
AN O:tllINANCI: OF THE CITY COUNC~IL OT THE
CITY OF L~.'Nf~00D AI~~IEid)~II~~~ L1RT:LCLE VIT OF
CAAYTEP. 27_ OP' TlIE CODI~: OF TI3li CI'L'Y OP
LYiVid00D (SECTION 22.1_50 1~:1 SFO) YROVIDIP?G
FOR THL: A13ATED~',N`L A:~~D RF,'MOVAL AS PUBLIC
NUISAIv~CL:S OI' A~~1~DqN1.D, WRECKLD, DISNIANTEL'3D
OR IAOPERA7'IVE VEk.ICLES OR PARTS TH~Rl~OF FROM
PRIVATE YROPF,RTY OF. YUT3T I:C PRUPEKTY, NOT
INCLUDING I;IGHWAYS, AND T2I;COVi?RY OI' COSTS OI'
ADMINTSTR~1TIOiV THEP.kOi~ .
THT CITY COLiNCIL, OI' THL CITY G~~ LY1~6100U UOES HEREBY ORll[1IN:
SECTl_ON L. Sectiou 22.151 hereby is amcnded to read as follows:
Section 22.151 Defini_tion:; and Ap~lication
For the purposes o` this articl:e, the following words and
phrases sha11 have the meani.ngs respectively ascribed to them b}~
thi.s section;
Hi~hw~, A way or place of whatever nalure, publicly main-
tained and open to use of the public for purposes of vehicular
travel. Highway incLudes slreet.
Public Property. Does not include "higrway."
Vehicle. A device by which any person or property maq
be propelled, moved, or drawn upen a highway, except a device
moved by human power or used exlusiveLy upon stationary rails
or tracks.
Owner of the Land. Owner of the land on which the vehicle,
or parts thereo , is located, as shown onthe Last equalized as-
sessment ro11.
Owner of the VehicLe. The last registered owner and legal
owner of record.
This article shall not apply to:
(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; or
(b) A vehicle or part thereof which is stored or parked in
a Lawful manner on private property in connection with the bus-
iness of a licensed dismantler, licensed vehicle dealer, a junk
dealer or when such storage or parking is necessary to the oper-
ation of a lawfuLly conducted business or commercial enterprise.
Nothing in this section sha11 authorize the maintenance of
a public or private nuisance as defined under provisions of 1aw
other than Chapter 10 (co~r~mencing with section 22650) of Division
11 ot the Vehicle Code and this article.
SECTION 2. Sections 22.156, 22.157, and 22.158 hereby are amended
to read as foLlows: •
Section 22.15o Notices of Intention.
Upon discovering the existence of an ab2ndoned, wrecked,
' ~-
dismantLed, or i_noperative vehicle, or parts thereoi, on private
property or pubLic property withi_n the ci_ty, the chief of police
sha11 liave the authority to cause the aUatemcnt and removal
ttiereof in accordance with the procedure prescribed herein. A
10-day notice of intention to al±ate and remove the vehi_cle, or
parts thereof, as a public nuisance sha11 be iTraiLed by register-
ed mail to tt~e owner of the 'vel,icle, unless the vef~icle is in
such condi_tion ttiat identiii_caLion numbers are not avai1a1~1e
to determine ownership. The nolices of intention sliall be in
substantially the following forms:
nTOTICE OP INTENTION TO ABATL AND REMOVF.. AIv'
IVE
(Name and address of owner of the Land)
As owner shown on the last equaLized assessment ro11 of the
land located at (address), you are hereby notified that the under-
signed pursuant to (Section of muni.cipal code) has determined
that there exists upon said land an abandoned, wrecked, dismantled
or inoperative vehicLe or parts thereof registered to
, license number , which con-
stitutes a public nuisance pursuant to the provisions of Article
VII of Chapter 22 (Section 22.150 et seq) of the Code of the •
City of Lynwood.
You are hereby notifi_ed to aUate said nuisance by the
removal of said vehicle or said parts i:hereof within 10 days
from the date of mailing of this notice, and upon your failure
to do so the same wi11 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 said vehicle or said part
thereof is located.
As owner of the land on which said vehicle or said part
thereof is located, you are hereby notified that.you may, within
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 10-day period, the chief of police
sha11 have the authority to abate an'd remove said vehicle or
said 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 10-day period denying responsibility
for the presence of said vehicle or said parts thereof on said
land, with your reasons for denial, and such statement sha11 be
construed as a request for hearing at which your presence is not
required. You may appear in person at any hearing requested
by you orthe owner of the vehicLe or, in Lieu thereof, may
present a sworn written statement as aforesaid in time for con-
sideration at such hearing.
Notice Mailed
date
ICE OF INTENTION
s/
C6ief of Police o the
City of I.ynwood
TE AND REMOVE AN
(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 (descripEion
2.
~.__ . ,:~
i
~
of vehicle - make, model., I_icense, ete,) 5>ou are hereUy not.ified
tl~at Lhe undersignc~lpursuatit to (Section oL muuici_pa1 code)
has determined that s~id vehi_cle or parts tl~ereof exi_sts as an
abaiidoned, carectced, dismantled or i_i~opc~rative vehicle at (des-
criUe l_ocation on public or private property) and constitutes
a puLlic nu9.sance pursuant to the provisions of Articl.e VII of
Chapter 22(Section 22.150 et seq) of the Code of L1~e CiLy of
Lynwood,
You are hersby nol-ified to abate said nuisance Uy the re-
moval. of sai.d vehicle or sai~3 parts thereof within 10 days
from the date of maiLing of this notice.
As regi.stered~and/or legal owner of record of said vehicle
or said parts thereof, yc~u are hereUy notifi_ed that you may,
within IO days afLer the mail.ing of this notice of intention,
request a puUlic heari_ng and if such a requesl if not received
by the hearing officer within such 1.0-day peri.od, L-he chi_ef of
police sha11 have the authoriCy to abate and remove said vehicle
or said parts thereof without a hearing,
Notice Mailed
date
s/
Chief of Police o the
City of Lynwood
Section 22. 157 Hearings.
Upon request by the o~oner of the vehicle or owner of the
land received by Che chief of police within 10 days after the
mailing of the notices of intention to abate and remove, a
public hearing shall be he1.d by the hearing officer.on the
questi.on of abatement and removal of the vehicle or parts thereof
as an abandoned, wrecked, dismantled or inoperative vehicle, and
the assessment of the adminislrative costs and the cost of re-
moval of the vehicLe or part thereof against the property on
which it is located.
If the owner of the land submits a sworn written statement
denying responsibility for the presence of the vehicle on his
land within such 10-day period, said statement sha11 be con-
strued as a request for a hearing which does not require his pre-
sence. Notice of the hearing sha11 be mailed, by registered
mail, at Least 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 are not avaiLable
to determine ownership. If such a request for hearing is not
received within said 10 days after mailing of the notice of in-
tention 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 22.158 HearinQ Procedures
Al1 hearings under this Article sha11 be held before the
hearing officer who sha11 hear a11 facts and testimony he deems
pertinent. Said facts and testimony may include testimony on the,
condition of the vehicle or part thereof and the circumstances
concerning its location on the said private property or public
property. The hearing officer sha11 not be limited by the techni-
cal 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
3.
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presence of the vehicle on the land, with his reasons for such
denial.
The hearing officer may impose such conditions and take
such other act.ion as he deems appropriate under the circumstances to
carry out the purpose of this Article. He may delay the time for
removal of the vehiele 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 £rom 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 the owner of the land. The order requiring removal
shall include a description of the vehicle or part thereof and the
correct identification number and license number of the vehicle,
if available at the site.
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.
If the owner of the land submits a sworn written statemtn
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 3.
If any section, subsection, sentence, clause, phrase
or portion of this ordinance is for any reason held invalid or
unconstitutional by any court of competent jurisdiction, such
portion shall be deemed a separate, distinet and independent
provision and such holding shall not affect the validity of the
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remaining portions thereof.
SECTION 4. The City Clerk is hereby ordered and directed
to certify to the passage of this ordinance and to cause the same
to be published once in the Lynwood Press, a newspaper o£ general
circulation, printed and published in the City of Lynwood.
First read at a regular meeting of the City Council of said
city held on the 21st day of December, 1971, and finally adopted
and ordered published at a regular meeting of said Council held
on the 4th day of January, 1972, by the following vote:
Ayes: Councilmen Byork, Green, Liewer, Morris Stevens.
Noes: Councilmen None.
Absent: Councilmen None.
ATTEST:
~ ./~/ ~
City Clerk, City of Lynwood
~ `
, C~ '~.
M yor o e it of Lynwood
, .
STNTE OF CALIFORNIA )
. ss.
COJNTY OF LOS ANGELE3 j
I, the nndersigned, City Clerk of the City of
LynU;uod, a:~d ex-oificio clerk of the Council of said
~iry, ~~io h~r~sl,y certify that tne above is a true and
~~~"°c:~ c;op;~ of Ordinance Nc. 903 adopted by the City
Counri~ ,~~.g the City of Lynwood, and that same was passed
on ch;= ]as~ and by the vote therein stated.
Dated this 7th day of January 1 7z
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~r~i -~,r_~~ lL ~ ~a'c~,[1~c' ~-~.
CITY/CLERK, CITY 0 LY OOD