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HomeMy WebLinkAboutORD 37onDlNtaICC NO. —37 Air ORDINANCE O: TIM CITY COUNCIL Or THE CITY OF rALt) 0N1'- I?T, CALTrOPITIA, PROVIUIKO 1'OR THC APAThntt•;K'T AN.) P—' - MOVAL AS PUMIC KUI:-:NNCLS OP AnAtIff)NED, w tEeKro, DTS;-LMTLI:D OR INOPMATIVE VEI;ICI.DS OR PARTS TIM3970F FROM PRIVATE PROPERTY OR PUBLIC 1`R01':MY VOT IN- CL•UnING HIMITA'AYS, AND )t_•COVERY OF COSTS OF ADMINISTRATION TIMILCOT AS AUTY.OPIIZED BY SECTION 22660 VUHTCLE CODE* The City Council of the City of Palm Desr:rt, California, DOES tMREBY ORDAIN as follows: SECTION 1. In addition to and in accordance we th 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 velii-,les or parts thereof as public nuisances, the City Council of the City of Palm Desert hereby makes the following findings and declarations: The accumulation and storage of abandoned, nrovked, 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 parts thereof, on 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 aeeo:'dance with the provisions of this Ordinance. Page 1. E DM j ' �L As used in this Ordinances (a) The term "vehicle" means a device by which any person or property may be propelled, moved, or drawn upon a highway, excerpt a device moved by human poker or used ex- clusively upon stationary rails or trucks. (b) The term "highway" means a way or place of whatever nature, publicly maintained and open to the use of the public for purposes of vehicular travel. highway includes street. (c) The term "public property" does not include "highway." (d) The term "owner of the land" means the owner of the land on which the vehicle, or parts thereof, is located, as shown on the last equalized assessment roll. (e) The term "owner of the vehicle" means the last registered owner and legal owner of record. SECTION 2. This ordinance shall not apply to: (a) A vehicle, or parts thereof, which is comple+.ely 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 parts thereof, which is stored or parked in a lawful manner on private property in connection with the business of a licensed vehicle dealer, or when such storage or parking is necessary to the operation of a lawfully conducted business or commerical 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 it of the Vehicle Code and this Ordinance. SECTION 3. This ordinance is not the exclusive regulation of abandoned, wrecked, dismantled or inoperative vehicles within the City of Palm Desert. It shall supplement and be Page 2. in addition to the other regulatory codes, atatuten, and ordinances heretofore or hereafter enacted by the City, the State, or any other legal entity or agency having jurisdiction. SECTION 4. Except as otherwise provided herein, the provisions of this Ordinance shall be administered and enforced by the City Manager. 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 parts thereof declared to be a nuisance pursuant to this Ordinance. SECTION' S. 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 G. 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 parts thereof under this Ordinance. SECTION 7. Upon discovering the existence of an abandoned, wrecked, dismantled, or inoperative vehicle, or parts thereof, on private property or public property within the City, the City Manager shall have the authority to cause the abatement and removal thereof in accordance with the procedure prescribed herein. SECTION S. A 10-day notice of intention to abate and remove the vehicle, or parts thereof, as a public nuisance shall be mailp%d by registered mail to the owner of the land and to the owner of the vehicle, unless the vehicle is in Page 3. such condition that identification numbern are not available to determine ownership. The notices of intention tih111 )-e in substantially the following formsi NOTICJ3 of INTENTION TO ABATE AND REMOVE All ABANDWE_ D,_ WRECh:•':),_ nISMANTE.1) OOR INOPERATIVr �117CLL Olt J'ART:i TH1.PEOF A§ 11 PU1�L7� NU.lS11t10E (Name and addr is of owner of the land) As owner shown on the last equalized assessment roll of the land located at (address), you are hereby notified that the undersigned pursuant to (section of ordinance or municipal code) has determined that there exists upon said land an (or parts of an) abandoned, wrecked, dismantled or inoperative vehicle registered to , license number , which constitutes a public nuisance pursuant to the provisions of (ordinance or municipal code chapter number). You are hereby notified to abate said nuisance by the removal of said vehicle (or said parts of a vehicle) within 10 days from the date of mailing of this notice, and upon your failure to do so the same will 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 parts of a vehicle) is located. As owner of the land on which said vehicle (or said parts of a vehicle) 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 body or officer) within such 10-day period, the City Manager shall have the authority to abate and remove said vehicle (or said parts of a vehicle) as a public nuisance and assess the costs as aforesaid without a publio hearing. You may submit a sworn written statement within such 10-day period denying responsibility Page 4. for the presence of said vehicle (or said parts of a vehicle) on said land, with your reasons for denial, and such statement shall Lti construed as a request for hearing at which your presence is not required. You may appear in person at any hearing requested by you or the owner of the vehicle or, in lieu thereof, may present a sworn written statement as aforesaid in time for consideration at such hearing. Notice Mailed s/ ateCity Manager NOTICE OF INTENTION TO ABATE A14D REMOVE AN ABANDONED, WRECKED, DISMANTLED OR INOrERATIVE VEHICLE OR PARTS THEREOF AS A PUBLIC NUISANCE (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 (description of vehicle -'make, model, license, etc.), you are hereby notified that the undersigned pursuant to (section of ordinance or municipal code) has determined that said vehicle (or parts of a vehicle) exists as an abandoned, wrecked, dismantled or inoperative vehicle at (describe location on public or private property) and constitutes a public nuisance pursuant to the provisions of (ordinance or municipal code chapter number). You are hereby notified to abate said nuisance by the removal of said vehicle (or said parts of a vehicle) within 10 days from the date of mailing of this notice. As registered•(and/or legal) owner of record of said vehicle (or said parts of a vehicle), 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 body or officer) within such 10-day period, the City Manager shall have the authority to abate and remove said vehicle (or said parts of a vehicle) without a hearing. Notice Mailed s/ ate City Manager Page 5. SECTION 9. Upon request by the owner of the vehicle or owner of the land received by the City Manager within 10 days after the mailing of the notices of intention to abate and rcieove, a public hearing shall be held by the City Council on the question of abatement and removal of the vehicle or parts thereof as an abandoned, wrecked, dismantled or inoperative vehicle, and the assessment of the admini.strati.ve costs and the cost of removal.of the vehicle or parts thereof against the property on which it is located. If the owner of land submits a sworn written statement denying responsibility for the presence of the vehicle on his land within such 10-day period, said statement shall be construed as a request for a hearing which does not require his presence. Notice of the hearing shall be mailed, by registered n.a;l, it 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 intention to abate and remove, the said 10 days after mailing of the notice of intention 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 10. All hearings under this Ordinance shall be held before the City Council which shall hear all facts and testimony it deems pertinent. Said facts and testimony may include testimony on the condition of the vehicle or parts thereof and the circumstances concerning its location on the 40 said private property or public property. The City Council shall not be limited by the technical rules of evidence. Pago 6. The owner of the 1 may appoar in person at the hearing or present a sworn wrlf:on statement in Limo for cons.iderntion at the hearing, and deny responsiblity for the prenonco of the vehicle on the land, with his reasons for such denial. The City Council may impose such conditions and take such other action as it deems appropriate under the circumstances to carry out the purpose of this ordinance. It may delay the time for removal of the vehicle or parts thereof if, in its opinion, the circumstance: justify it. .At the conclusion of the public hearing,, taft City Council may find that a vehicle or parts thereof has been abandoned, wrecked, dismantled or is inopera- tive 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 land. The administrative costs shall include, but not be limited to, a sharing cost of $50.00 per hearing. The order requiring removal shall include a description of the vehicle or parts 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 City Counc:U shall not assess the costs of administration or removal of the vehicle agains 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 a presentation to the City Council but does not appear, he shall be notified in writing of the decision. Page 7 SECTION 11. Five days after adoption of the order declaring th" vehicleor parts thereof to be a public nuisance, five days from the date of m<<iling of notice of the decision if such notice is required by Section 10, or 15 • days after such action of the governing body authorizing removal following appeal, the vehicle 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 he reconstructed or made operable. SECTION 3.2. Within five days after the date of removal of the vehicle or parts thereof, notice shall be given to the Department of Motor Vehicles identifying the vehicle or parts thereof removed. At the same time there shall be transmitted to the Department of Motor Vehicles any evidence of registration available,' including registration certificates, certificates of title and license plates. SECTION 13. If the administrative costs and the cost of removal which are charged against the owner of a parcel of land pursuant to Section 10 are not paid within 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 Section 38773.5 for cities of the Government Code and shall be transmitted to the tax collector for collection. Said assessment shall have the aame priority as other City taxes. SECTION 14. The City Clerk is hereby directed to cause this Ordinance to be posted in three (3) public places in accordance with Resolution No. 74-17 and Section 36933 of the Government Code of the State of California, and shall i take effect and be in force thirty (30) days after its adoption. Page S.