HomeMy WebLinkAbout6.5 Procedure Abatement Abandoned Vehicles -���v
CITY OF DUBLIN 5?0
AGENDA STATEMENT
CITY COUNCIL MEETING DATE: December 14, 1987
SUBJECT —An Ordinance of the City of Dublin Providing A
Procedure for Abatement of Abandoned Vehicles
EXHIBITS ATTACHED 1 ) Draft Ordinance
2 ) Notice of Intent to Abate Abandoned Vehicle
3 ) Report of Vehicle Abatement
RECOMMENDATIONS 1 ) Open public hearing
qu v 2 ) Receive staff presentation
\ 3 ) Hear public testimony
4) Close public hearing
5 ) Deliberate
6 ) Waive reading and introduce ordinance
FINANCIAL STATEMENT: None
DESCRIPTION An abandoned vehicle is defined as any vehicle
which has been left on private 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. Numerous problems are associated with abandoned
vehicles, from the issue of public health and safety to the deterioration
and blight of our neighborhoods.
The draft ordinance provides for the abatement and removal of these
vehicles from public and private property. This program is administered
by the City Manager and enforced by . any duly authorized representative.
Upon determination of abatement and removal proceedings a notice of
intention is sent by registered or certified mail to the property owner
where the vehicle is located, the last registered owner, and legal owner
of the vehicle. The property or vehicle owner :?tar sign a release,
authorizing removal, in which case a notice of intention is not completed.
The property or vehicle owner may request a public hearing, conducted by
the City Manager. If the City Manager finds the vehicle constitutes a
"public nuisance" abatement and removal will occur. All reasonable costs
associated with this process shall be assessed against the land. Any
person found to be in violation of Section 16 (a) , (b) or (c) , is guilty
of a misdemeanor.
Excluded from this chapter is 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. Also
excluded is the operation of a lawfully conducted business or commercial
enterprise.
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COPIES TO:
ITEM N0. 6-
ORDINANCE NO. - 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 . DECLARATION 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 promote 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, the 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) DISMANTLED 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
admire stered by the City Manager, except that the removal of
vehicles 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 of cause the removal of
a vehicle or part thereof declared to be a public nuisance by or
pursuant to this Chapter.
Section 4. EXCLUSIONSs 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 when such storage or
parking is necessary to the operation of a lawfully
conducted business or commercial 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 S . 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 of 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 roll 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 immediate 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
California 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
(12) days after the notice is mailed. This subsection
(b) applies only to inoperable vehicles located upon a
parcel that is (1 ) zoned for agricultural use or (2 ) is
not improved with a residential structure containing one
or more dwelling units.
Section 6 . PUBLIC HEARING 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 nuisance and whether the administrative 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
responsibility for the presence of the vehicle or part thereof on
his land shall be construed as a request for hearing.
Section 7 . NOTICE: The City Manager shall set a date for
the public hearing and shall 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. HEARING: The hearing shall be held before the
City Manager 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 private property or public property.
The City Manager shall not be limited by the technical rules of
evidence. The owner of the land on which the vehicle or part
thereof is located may appear in person at the hearing or 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 vehicle 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
not 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. ,
except as otherwise provided in Sections 11 , 12 and 13 . After a
vehicle has been abated and 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
license plates, pursuant 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 COUNCIL; PUBLIC HEARING
REQUIRED: The owner of the land upon which the vehicle or part
thereof is located or the owner of the vehicle or part thereof may
appeal the determination after hearing of the City Manager to the
City Council by filing written notice thereof with the City Clerk
within five (5) days after having received notice of such
determination -from the City Manager. If such a notice is filed,
the City Council shall hold a public hearing thereon.
Section 12 . NOTICE OF APPEAL HEARING: The 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 . HEARING DE NOVO: The City Council shall hold a
public hearing de novo on the appeal . The City Council shall
succeed to and may exercise all powers otherwise vested in the
City Manager by this Chapter. The determination of the City
Council shall be final.
Section 14 . ASSESSMENT OF COSTS: Except as provided in
Section 9, the costs of administration and removal may be assessed
against the land from which 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 collected, and shall be subject
to the same penalties and the same procedure and sale in case of
delinquency as provided for ordinary City taxes. All laws
applicable to the levy, collection and enforcement of City taxes
shall be applicable to such assessment.
Section 15 . NOTICE TO DEPARTMENT OF MOTOR VEHICLES: Within
five (9 ) 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, the 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) Any person who fails or refuses to abate and remove an
abandoned, 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 person who prevents or refuses to permit the
entrance of the City Manager or other duly authorised
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
part 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.
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Section 17 . EFFECTIVE DATE AND ,POSTING OF ORDINANCE. :This
Ordinance $hall . take effect and be in' ..force•°.thirty .430) days .. EXOm
and after the date of its passage." The.;City'Clerk '6f .-tYie'City of
Dublin shall cause this Ordinance to'be .posted in' at ,Ieast'_three ~:
(3)' public 'places' in the City of°Dublin"in:a000rdance`:with'.Section
36933 of the Government Code •of =the `State ';of'California:
-PASSED lAND ADOPTED by the'-.City 'Council;''of :the`.'City of. Dublin'
on this :'day ,of '' .]987,- by..the,following vote:
Y,
. AYES:
NOES
ABSENT:
Mayor
ATTEST:
City Clerk
J
y.
NOTICE OF INTENT TO ABATE ABANDONED VEHICLE
62
DUBLIN POLICE SERVICES
6500 Dublin Blvd., Suite 100
Dublin, California 94566
(415)• 829-0566
)ATE:
ro: 0 Registered Owner of Vehicle
13 Legal Owner of Vehicle
L J 11 Property Owner
The vehicle described on the attached Vehicle Abatement Report was observed in apparently abandoned condition.
The Dublin Municipal Code requires the removal, as a public nuisance, of abandoned, wrecked,
dismantled, or inoperative vehicles, or parts thereof from public or private property. Said
vehicle is in violation of this ordinance and must be removed. The costs of removal may be
assessed against the property.
o _
If you prefer to have us arrange for removal of the vehicle at no cost to you, please do
the following:
1. Sign and date Section C of the attached Vehicle Abatement Report.
2. If you are the vehicle owner, sign Section D, Release of Interest.
3. Return the Vehicle abatement Report to this office within 10 days of the posterked
date of this notice.
If you wish to remove the vehicle yourself, please do the following:
1. Complete and sign Section E.
2. Return the Vehicle Abatement Report to the office noted within 10 days of the
postmarked date of this notice.
If 'You own the vehicle, you must attend the hearing.
NOTE:' If you own the land where the vehicle is located and you want to have it removed
but do not want the removal charges assessed against you, sijn the following disclaimer
and return within 10 days of the postmarked date of this notice. If you file the disclaimer,
you are not required to attend the hearing.
DISCLAIMER — Property Owner Only
I deny responsibility for the presence' signawre Dace
of the vehicle on my land. It was left
there without my knowledge or consent.
To this I swear or affirm.
Thank you for your help in improving our local environment. If you have any questions, please telephone this offige.
Officer No, Telephone No. I Report No.
• �`���P r)�/f��y POLICE SERVICES REPORT BUMBBR
CITY OF DUBLIN
REPORT OF VEHICLE ABATEMENT
A VEHICLE DESCRIPTION AND OWNERSHIP
YEAR MAKE MODEL BODY lykz LICZ115Z NUMBER YEAR STATE
VEHICLE IDENTIFICATION NUMBER. ('VIN) DOES VI:1 MATCH REGISTRATION CARD? VI:1 APPEAR AL cSE ED? CLEAR IN SVS?
YES NO YES NO YES NO
LICENSE CLEAR IM 5'S? VEHICLE CONDITION
YES NO COMPLETE NO WHEELS NO ENGINE NO T?_WSMISSION W??CXED RULiC.
REGISTERED OW11ER ADDRESS TZLPPHONZ
LEGAL OWNER ADDRESS TELFPSONZ I
B LOCATION
LOCATION OF VEHICLE (ADDRESS-PROPERTY DESCRIPTION)
PROPERTY OWNER'S NAAZ' ADDRESS TELEPHONE 1
C REQUEST FOR REMOVAL/WAIVER OF LIABILITY
I request this public nuisance vehicle be removed. In requesting the removal, DAT GF :z.:c
understand and agree that I am relieving the abating agency from all liability.
PROPERTY SIG3ATURZ ( DATE
OWNER
VEHICLE SIGNATURE DATE
OWNER
D RELEASE OF INTEREST
As owner of this vehicle, I disclaim SIGNATURE DATE
any future interest.
E INVESTIGATION/REMOVING AGENCY OR PERSON AND DISPOSITION
CHcCS ONE: DUBLIV POLICE SZRVICES CW.LR _"'—4 AC7IG3 (C2ECX
PRI:17 NAME: TC-CS-I !r S4111 v ZUZLDING c' 7• _
DIS.XA.VTRE_i
RE::1CVrD BY DI5,'�X1T7_rZR,TCW OR I:1D17_DUAL (NAME AND dDiRZSS) -
D.::: RE:r'i/3J ( SEi.E?r'CVE 3
5IGNATUR_° OF OF=_TCER AUTHORIZING PZICVAL SIGVA??� G: PiI::CIE'_; G3 AGE" R.E.-CV, G 'vcS=C:'z I
REI ARK S;