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HomeMy WebLinkAboutORD 498ORDINANCE NO. 498 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING CHAPTER 10.24 OF THE CODE OF THE CITY OF PALM DESERT RELATING TO ABANDONED VEHICLES. The City Council of the City of Palm Desert, California, DOES HEREBY ORDAIN AS FOLLOWS: Section 1: That Section 10.24.030 be and the same is hereby amended to read as follows: "10.24.030. Exemptions. This chapter shall not apply to: "A. A vehicle, or parts 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 parts thereof, which is stored or parked in a lawful manner on private property in connection with a business of a licensed dismantler, licensed vehicle dealer, or a junk yard, 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 the provisions of law other than Chapter 10 (commencing with Section 22650) of Division 11 of the Vehicle Code and this Title." Section 2: That Section 10.24.100 of the Code of the City of Palm Desert be and the same is hereby amended to read as follows: "10.24.100. Hearing. Upon request by the owner of the vehicle or owner of the land on which the vehicle is located if received by the City Manager within ten (10) days after the mailing of the notices of intention to abate and remove, a hearing shall be held by the City Council on the question of abatement and removal of the vehicle or parts thereof as r r. ORDINANCE NO. 498 L an abandoned, wrecked, dismantled or inoperative vehicle, and the assessment of the administrative costs and the cost of removal of the vehicle or parts thereof against the property on which it is located. "If the owner of the land on which the vehicle is located submits a sworn written statemment denying responsibility for the presence of the vehicle on his land within such ten (10) day period, the 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 mail, at least ten (10) days before the hearing, to the owner of the land and to the owner of the vehicle, unless the identification numbers are not available to determine ownership. If such a request for hearing is not received within ten (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 3: That Section 10.24.120 of the Code of the City of Palm Desert be and the same is hereby amended to read as follows: 1110.24.120. Disposal of Vehicle. 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 the notice of decision if said notice is required by Section 10.24.110, or fifteen (15) days after such action of the governing body authorizing removal following an appeal, the vehicle or parts thereof may be disposed of by removal to a scrap yard or automobile dismantlers yard. After a vehicle has been removed, it shall not thereafter 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 Section 5004 of the Vehicle Code, in which case the vehicle may be reconstructed or made operable. Thes section does not apply to those vehicles exempt under Section 22660 of the Vehicle Code of the State." -2- r ORDINANCE NO. 49b Section 4: That Section 10.24.130 of the Code of the City of Palm Desert be and the same is hereby amended to read as follows: "10.24.130. Notice of the Department of Motor Vehicles. Within five (5) days after the removal of the vehicle or parts thereof notice shall be given to the Department of Motor Vehicles either 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 but not limited to the registration card, certifictes of ownership, or license plates." Section 5: That Section 10.24.090 be and the same is hereby amended by adding the following provision thereto: "The notice set forth herein shall not be required in the event the property owner and the owner of the vehicle have signed a release authorizing removal and waive further interest in the vehicle or parts thereof. In addition, said notice of intention is not required for removal of the vehicle or part thereof which is inoperable due to the absence of a motor, transmission, or wheels, and incapable of being towed, is valued less than $200 by a person specified in Section 22855 of the Vehicle Code, and is determined by the City to be a public nuisance presenting an immediate threat to the public health or safety, provided that the property owner has signed a release authorizing removal and waiving further interest or part thereof." Section 6: That Section 10.24.150 be and the same is hereby added to the Code of the City of Palm Desert to read as follows: "10.24.150. Disposition of Low -Valued Vehicles. Prior to final disposition under Section 22662 of a low valued vehicle or part thereof as defined in Section 10.24.090 for which evidence of rgistration was recovered pursuant to Sectin 10.24.130, the City shall provide notice to the registered and legal -3- Ir ORDINANCE NO. 498 owner of intent to dispose of the vehicle or part, and if the vehicle or part is not claimed and removed within 12 days after the notice is mailed, a location specified in Section 22622 of the Vehicle Code, final disposition may proceed. The City shall not be liable for damage caused to vehicle or part thereof by removal pursuant to this section. This section applies only to inoperable vehicles upon a parcel that is "a) zoned for agricultural use; or "b) not improved with a residential structure containing one or more dwelling units." Section 7: The City Clerk shall certify to the passage and adoption of this ordinance and shall cause the same to be published once in the Palm Desert Post, a newspaper of general circulation, printed, published and circulated in the City of Palm Desert and the same shall be in full force and effect thirty (30) days after its adoption. PASSED, APPROVED AND ADOPTED this 12th day of March, 1987, by the following vote: AYES: BENSON, CRITES, SNYDER, WILSON, KELLY NOES: NONE ABSENT: NONE ABSTAIN: NONE ATTEST: q2/ ,.HEILA GILLIGAN, CITY CLERK ' RIG' A D S. KELLW MAYOR E41