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
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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.
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"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
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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.
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"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
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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
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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,
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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