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HomeMy WebLinkAboutOrd 59-87 Abandon Vehicle Abate ORDINANCE NO. 59 - 87 AN ORDINANCE OF THE CITY OF DUBLIN PROVIDING A PROCEDURE FOR ABATEMENT OF ABANDONED VEHICLES The City Council of the City of Dublin does ordain as follows: Section 1. DECLAKATION OF POLICY: The accumulation and storage of abandoned, wrecked, dismantled, or inoperative vehicles or parts thereof on private property or public property not including streets is hereby found to create a condition tending to reduce the value of property, to promot? blight and deterioration, to invite plundering, to create fire hazards, to constitute attractive nuisances creating hazards to the health, safety and welfare of minors, to create harborages for rodents and insects and to be injurious to the public health, safety and general welfare. Therefore, tile presence of an abandoned, wrecked, dismantled, or inoperative vehicle or part thereof on private property or public property not including streets is hereby declared to constitute a public nuisance which may be abated in accordance with the provisions of this Chapter. Section 2. DEFINITIONS: The following definitions shall govern the construction of this Chapter: (a) ABANDONED VEHICLE. "Abandoned vehicle" means any vehicle which has been left on private property or public property other than highways and in which the owner has no active interest and no intent to again claim a right or interest. (b) ACCUMULATION. "Accumulation" means the gathering together of vehicles or parts of vehicles in quantities which are unreasonable in relation to uses permitted in the zoning district in which such vehicles or parts of vehicles are gathered together. (c) DISb~YNTLED VEHICLE. "Dismantled vehicle" means a vehicle from which an essential part of the power train, a wheel or any part of the body has been removed. (d) INOPERATIVE VEHICLE. "Inoperative vehicle" means a vehicle in such condition that it either phyically or legally cannot be driven upon a street without: (1) installation of a missing part; (2) replacement of a defective part; or (3) registration and licensing. (e) STORAGE. "Storage" means the keeping of one or more vehicles or one or more parts of vehicles for a period of time which is unreasonable in relation to uses permitted in the zoning district in which such vehicles or parts of vehicles are kept. (f) WRECKED VEHICLE. "Wrecked vehicle" means a vehicle which has suffered physical damage to the extent that it either physically or legally cannot be driven upon a street. Section 3. ENFORCEMENT OFFICIAL: This Chapter shall be administered by the City Manager, except that the removal of vehic].es or parts thereof from property may be by any other duly authorized person. The City Manager or other duly authorized person may enter upon private or public property to examine a vehicle or part thereof, to obtain information as to the identity of a vehicle or part thereof and to remove or cause the removal of a vehicle or part thereof declared to be a pdblic nuisance by or pursuant to this Chapter. '. Section 4. EXCLUSIONS: This Chapter 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 or licensed junkyard, or ~]en such storage or parking is necessary to the operation of a lawfully conducted business or co~m,ercial enterprise. provided, however, that this exception shall not authorize the maintenance of a public or private nuisance as defined under provisions of law other than this Chapter or Chapter 10 of Division 11 of the Vehicle Code of the State of California. Section 5. NOTICE: (a) A ten (10) day notice of intention to abate and remove a vehicle or part thereof as a public nuisance shall be mailed by registered or certified mail to the owner of the land as shown on the last equalized assessment roll and to the last registered and legal owners ~ record unless the vehicle or part thereof is in such condition that identification numbers are not available to determine ownership. No such notice shall be required if the property owner and the owner of the vehicle or part thereof have signed releases authorizing removal and waiving further interest in the vehicle or part thereof. Such notice shall contain a statement of the hearing rights of the owner of the property on which the vehicle or part thereof is located and the owner of the vehicle and the information contained in Vehicle Code § 22661(d). The statement shall include notice to the property owner of his option under Section 8. The notice shall be mailed by registered or certified mail to the owner of the land as shown on the last equalized assessment roi]. and to the last registered and legal owners of record unless identification numbers are not available due to the condition of the vehicle. (b) Notice of intention to abate, as provided in subsection (a), is not required for removal of a vehicle or part thereof which is inoperable due to the absence of a motor, transmission, or wheels and incapable of being towed, is valued at less than Two Hundred Dollars ($200) by a person specified in California Vehicle Code § 22855, and is determined by the City Manager to be a public nuisance presenting an i~mnediate threat to public health or safety, provided that the property owner has signed a release authorizing removal and waiving further interest in the vehicle or part thereof. The City Manager shall not dispose of any such vehicle under Ca].ifornia Vehicle Code § 22662 unless he shall have provided notice 'to the registered and legal owners of intent to dispose of the vehicle or part, and the vehicle or part is not claimed and removed within twelve (].2) days after the no~ice is mailed. This subsection (b) applies only to inoperable vehicles located upon a parcel that is (].) zoned for agricul, tural use or (2) is not improved with a residential structure containing one or more dwellit]g units. '. Section 6. PUBLIC IIEARING UPON REQUEST: Upon request by 'the owner of the vehicle or part thereof or the owner of the land on which such vehicle or part thereof is located, delivered to the City Manager within ten (10) days after the mailing of notice of intention to abate and remove the vehicle or part thereof, a public hearing shall be held by the City Manager to determine whether the vehicle or part thereof shall, be abated and removed as a public nuisa~ce and whether the ad,,inistrative costs and the costs of abatement and removal shall be assessed against the land. A sworn written statement of the owner of the land denying respo~lsibi].ity for tile presence of the vehicle or part thereof on his ].and shall be constr-ued as a request for ]tearing. Section 7. NOTICE: The City Manager shall set a date for the pub].ic hearing and sha].l deliver notice thereof to the persons and in the manner specified in Section 5 not less than ten (10) days prior to such date. Section 8. IIEAR/.NG: The hearing shall be held before the City Manager who shall 1tear all facts and testimony he deems pertinent. Said facts a~]d testimony may include testimony on the condition of the vehicle or part thereof and the circumstances concerning its location on private property or public property. The City Manaqer shall not be ].imited by the technical rules of evidence. The owner of the land o~] which the vehicle or part thereof is located may a;opear in person at the hearing '.~t present a sworn written statement denying responsibility for the presence of the vehicle or part thereof on the land, with his reasons for such denial. Section 9. NON-LIABILITY OF LANDOWNER: If it is determined at the hearing that the ~ehicle or part thereof was placed on the land without the consent of the landowner and that he has not subsequently acquiesced in its presence, the City Manager shall ~]ot assess costs of administration or abatement and removal against the land or otherwise attempt to collect such costs from such owner. Section 10. ABATEMENT: If releases have been signed pursuant' to Section 5, or. if a request pursuant to Section 6 is not received, or if the City Manager after hearing determines that the vehicle or part thereof constitutes a public nuisance, the City Manager or other duly authorized person shall abate and remove the vehicle or part thereof from the land in accordance with the provisions of California Vehicle Code §§ 22660 et seq., excep't as otherwise provided in Sections 11, 12 and 13. After a vehicle }las been abated a~]d removed, it shall not be reconstructed or made operable, unless it is a vehicle which qualifies for either horseless carriage license plates or historical vehicle 1. icense ut. aCes, pursuat]t to § 5004 of the Vehicle Code of the State of California, in which case the vehicle may be reconstructed or made operable. Section 11. APPEAL TO CITY COUblCIL; PUBLIC flEARING REQUIRED: The owner of 'the land upon which tile vehicle or part thereof is located or the owner of the vehicle or part thereof may appeal the determina'~oio~] after hearing of the City Manager to the City Council by filing written notice thereof with the City Clerk within five (5) days aft~.r having received notice of such determination from the City Manager. If such.a notice is filed, the City Council shali hold a public hearing thereon. Section 12. NOTICE OF APPEAL HEARING: Tile City Clerk shall set a date for the public hearing on appeal and shall deliver notice thereof to the persons and in the manner specified in Section 5 not less than five (5) days prior to such date. Section 13. ItF. ARiNG DE NOVO: The City Council shall hold a pub[i.c hearJ.~g de ~ovo ¢)~ the appeal. The City Council shall succeed to arid may exercise ali powers otherwise vested in the City Manager by this Chapter. The determination of the City Council shall be final. Section 14. ASSESSMEb]T OF COSTS: Except as provided in Section 9, the costs of admil~istraki, on arid removal may be assessed again]st the la~d from wi~ich the vehicle or part thereof was abated and removed, to be collected at the same time and in the same manner as ordinary City taxes are co].lected, and shall be subject to the same penalties and the same procedure and sale in case of delinquency as provided .for ordinary City taxes. Ali. laws applicable to tI~e levy, co].lection and enforcement of City taxes shall be applicable to such assess,nent. Section 15. NOTICE TO DEPARTMENT OF blOTOR VEHICLES: Within five (5) days after abatement and removal, notice shall be given · to the Department of Motor Vehicles identifying the vehicle or part thereof. Any evidence of registration available, including, but not limited to, tile registration card, certificates of ownership, and license plates, shall be transmitted together with such notice. Section 16. PENALTIES: (a) Any person who causes or permits the storage of an abandoned, wrecked, dismantled, or inoperative vehicle or part thereof on private or public property not including streets is guilty of a misdemeanor. (b) Ar~y person who fails or refuses to abate and remove an abat~do,]ed, wrecked, dismantled, or inoperative vehicle or part thereof from private property or public property not including streets, after having received notice pursuant to Section 5, is guilty of a misdemeanor. (c) Any I]erson who prevei~ts or refuses to permit the ei~trance of the City Manager or other duly authorized person upon private property or public property, not including streets, to examine a vehicle or part thereof, to obtain information as to the identity of a vehicle or par.t thereof, or to remove or cause the removal of a vehicle or part thereof declared to be a public nuisance by or pursuant to this Chapter is guilty of a misdemeanor. Section 17. EFFECT.[VE D~rE AND POSTING OF ORDINANCE. This Ordinance shall take effect and be in force thirty (30) days from and after the date of its passage. The City Clerk of the City of Dublin shall cause this Ordinance to be posted in at least three (3) public places in the City of Dublin in accordance with Section 36933 of the Government Code of the State of California. PASSED AND ADOPTED by the City Council of the City of Dublin on this 21stday of December , 1987, by the following vote: AYES: Councilmembers Hegarty, Moffatt, Snyder, Vonheeder and Mayor Jeffery NOES: None ABSENT: None ATTEST: