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HomeMy Public PortalAboutOrd. 0842s ORDINANCE N0. gq2 AN ORDINANCE AMENDING THE LYNWOOD CITY CODE ADDING AN ADDITIONAL ARTICLE, THAT IS ARTICLE VII TO CHAPTER 22 PROVIDING FOR THE ABATEMENT AND REMOVAL AS PUBLIC NUISANCES OF ABANDONED, WRECKED, DISMANTLED OR INOPERATIVE VEHICLES OR PARTS THEREOF FROM PRIVATE PROPERTY OR PUBLIC PROPERTY NOT INCLUDING HIGHWAYS AND RECOVERY OF COSTS OF ADMINISTRATION THEREOF AS AUTHORIZED BY SECTION 22660 VEHICLE CODE. The City Council does ordain: Section 1. That there shall be added to Chapter 22 of the Lynwood City Code Article VII thereof as follows: "Article VII. Abatement and Removal of Public Nuisances of Abandoned, Wrecked, Dismantled or Inoperative Vehicles or Parts Thereof. "Section 22.150. Recitals. In addition to and in accordance with the determination made and the authority granted by the State of California under Section 22660 of the Vehicle Code to remove abandoned, wrecked, dismantled or inoperative vehicles or parts thereof as public nuisances, the City Council hereby makes the following finds 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 hereby 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 the 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 -1- private or public property not including highways, except as expressly hereinafter permitted, is hereby declared to constitute a public nuisance which may be abated as such in accordance with the provisions of this ordinance. "Section 22.151. Definitions. As used in this Ordinance: "(a) The term '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 stationary rails or tracks. "(b) The term 'highway' means a way or place of whatever nature, publicly maintained and open to use of the public for purposes of vehicular travel. Highway includes street. "(c) The term 'public property' does not include "highway." "This Ordinance 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 business of a licensed dismantler, licensed vehicle dealer, a junk dealer, or when such storage or parking is necessary to the operation of a lawfully conducted business or commercial enterprise. "Nothing in this section shall authorize the maintenance of a public or private nuisance as defined under provisions of law other than Chapter 10 (commencing with Section 22650) of Division 11 of the Vehicle Code and this Ordinance. "Section 22.152. This chapter not exclusive. This Ordinance is 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 city, the State, or any other legal entity or agency having jurisdiction. -2- "Section 22.153. Enforcement officer. Powers. Except as otherwise provided herein, the provisions of this Ordinance shall be administered and enforced by the Chief of Police. In the enforcement of this ordinance such officer and his deputies 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 Ordinance. "Section 22.154. Authority of Contractors under franchise. When the City 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 this Ordinance. "Section 22.155. Assessment of Administrative Costs. The City Council shall from time to time determine and fix an amount to be assessed as administrative costs (excluding the actual cost of removal of any vehicle or part thereof) under this Ordinance. "Section 22.156. Public Hearing, Notices thereof. A public hearing shall be held on the question of abatement and removal of the vehicle or part 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. Notice of hearing shall be mailed at least ten (10) days before the hearing by certified mail, with a five-day return requested, to the owner of the land as shown on the last equalized county assessment roll and to the last registered and legal owner of record unless the vehicle is in such condition that identification numbers are not available to determine ownership. If any of the foregoing notices are returned undelivered by the United States Post Office, the hearing shall be continued to a date not less than -3- ten (10) days from the date of such return. "Section 22.157. Notice to California Highway Patrol. Notice of hearing shall also be given to the California Highway Patrol identifying the vehicle or part thereof proposed for removal, such notice to be mailed at least ten (10) days prior to the public hearing. "Section 22.158• Hearing Officer; Procedure. All hearings under this Ordinance shall be held before the Administrative Assistant who shall hear all 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 shall not be limited by the technical rules of evidence. The owner of the land on which the vehicle is located may appear in person at the hearing or present a 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. "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 Ordinance. It may delay the time for removal of the vehicle or part 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 part 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 parcel of land on which the vehicle or part thereof is located. 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. -4- "If it is determined at the hearing that the vehicle was placed on the land without the consent that he has not subsequently acquiesced in hearing officer shall not assess costs of removal of the vehicle against the propert vehicle is located or otherwise attempt to from such land owner. of the land owner and its presence, the administration or ~ upon which the collect such costs "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 22.159. Appeal. Any interested party may appeal the decision of the hearing officer by filing a written notice of appeal with the said hearing officer within five (5) days after his decision. "Such appeal shall be heard by the City Council which may affirm, amend or reverse the order or take other action deemed appropriate. "The clerk shall give written notice of the time and place of the hearing to the appeallant and those persons specified in Section 22.156. "In conducting the hearing the City Council shall not be limited by the technical rules of evidence. "Section 22.7.60. Disposal of Vehicle or Parts. Five (5) days after adoption of the order declaring the vehicle or parts thereof to be a public nuisance, five (5) days from the date of mailing of notice of the decision if such notice is required by Section 22.158, or fifteen (15) days after such action of the governing body authorizing removal following appeal, the vehicles 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. "Section 22.161. Notice to Department of Motor Vehicles. Within five (5) days after the date of removal of the vehicle or -5- part thereof, notice shall be given to the Department of Motor Vehicles identifying the vehicle or part thereof removed. At the same time there shall be transmitted to the Department of Motor Vehicles any evidence of registration available, including registration certificates of title and license plates. "Section 22.162. Method of Assessment Delinquent Costs. If the administrative costs and the cost of removal which are charged against the owner of a parcel of land pursuant to Section 22.158 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 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 or county taxes." Section 2. Section 2.163 of the Lynwood City Code is amended as follows: "Lost, etc., property -- Care and protection of; return to owners. The Chief of Police shall care for and give protection to all property coming into his possession and who shall restore the property to its true owner upon proof of ownership satisfactory to him and upon the payment of all necessary costs incurred in the care and protection of the property, except nothing herein contained shall repeal, amend, modify or change Sections 22.150 through Section 22.162 of the Lynwood City Code." Section 3. Section 2.164 of the Lynwood City Code is amended as follows: "Sale of unclaimed property -- Authorized. Should any property remain unclaimed by its true owner for a period of six months from the date of the finding or recovery of the property, said Chief of Police is authorized and directed to cause the property to be sold at public auction to the highest and best bidder, except nothing herein contained shall repeal, amend, modify or change Sections 22.150 through Section 22.162 of the Lynwood -6- City Code." Section 4. Section 2.165 of the Lynwood City Code is amended as follows: "Sale of unclaimed property -- Notice of Sale. Notice of the sale shall be given by the Chief of Police at least ten (10) days before the time fixed for the sale by publication at least twice in the legal newspaper in the City at the time authorized to publish official printing for the city. The notice shall contain a statement of the time and place fixed for the sale together with a schedule of the property to be offered for sale, except nothing herein contained shall repeal, amend, modify or change Sections 22.150 through Section 22.162 of the Lynwood City Code." Section 5. Section 2.166 0£ the Lynwood City Code is amended as follows: "Sale of unclaimed property -- Expense report; payment of proceeds into general fund. Immediately upon the completion of any sale, the Chief of Police shall report to the City Manager, the City Clerk and The City Treasurer the necessary expenses of any such sale actually incurred, and a statement of the proceeds of the sale, and shall Forthwith pay the balance of such proceeds to the City Clerk for deposit in the general fund, except nothing herein contained shall repeal, amend, modify or change Sections 22.150 through Section 22.162 of the Lynwood City Code." Section 6. Section 2.167 of the Lynwood City Code is amended as follows: "Sale of unclaimed property -- Disposition of unsold property. If there be no bids for any property offered for sale at auction, the property shall again be offered for sale, together with other unclaimed property, at the next auction sale. If the property is not sold at the next auction sale, it shall be turned over to the City Manager who shall make disposition of it. He shall have the power to give it away in the public interest as he shall deem fit, except nothing herein contained shall repeal, -7- amend, modify or change Sections 22.150 through Section 22.162 of the Lynwood City Code." Section 7. This ordinance shall become effective on the 19th day of April ~ 19 68 Section 8. 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 of general circulation printed and circulated in the City of Lynwood. First read at a regular meeting of the City Council of said city held on the 5th day of D7arch, 1968, and finally adopted and ordered published at a regular meeting of said Council held on the 19th day of March ~ lg 68 Ayes: Councilmen:Byork, Green, Siokos, Smith, Stevens Noes: Councilmen: None. Absent: Councilrrien:Nnnn. A ST: L% '~ r ~ ~Ci~lerk, City of -Lynwood STATE OF CALIFORNIA ) ss. COUNTY OF LOS ANGELES ) I, the undersigned, City Clerk of the City of Lynwood, and ex-officio clerk of the Council of said city, do hereby certify that the above is a true and correct copy of Ordinance No. 842 adopted by the City Council of the City of Lynwood, and that same was passed on the date and by the vote therein stated. Dated this 22nd day of March ~ 1968 CITY CLERK, CITY OF LYNWOOD