HomeMy WebLinkAboutORD 771ORDINANCE NO. 771
AN ORDINANCE OF THE CITY OF PALM DESERT,
CALIFORNIA, AMENDING SECTION 10.24.010
DELETING THE WORDAGE "NOT INCLUDING HIGHWAYS",
SECTION 10.24.090 ADDING PARAGRAPH TO LAST
PARAGRAPH OF SECTION, AND INCORPORATING
SECTIONS, AS PROPOSED IN THE COUNTY OF
RIVERSIDE ABANDONED VEHICLE ABATEMENT PLAN,
ADDING SECTION 10.24.160 ACT OF ABANDONMENT -
MISDEMEANOR, SECTION 10.24.170 REFUSAL TO
ABATE - MISDEMEANOR AND SECTION 10.24.180
CONSTITUTIONALITY, OF CHAPTER 10.24 OF TITLE
10 OF THE PALM DESERT MUNICIPAL CODE RELATING
TO ABANDONED VEHICLES.
The City Council of the City of Palm Desert, California HEREBY
ORDAINS as follows:
SECTION 1: That Section 10.24.010, of Chapter 10.24 of Title 10
is hereby amended to delete the wording "Not Including Highways" to
read as follows:
10.24.010 - Definitions:
"Findings of fact" In addition to and in accordance with the
determination made and the authority granted by the state under
Section 22660 of the Vehicle Code to remove abandoned, wrecked,
dismantled or inoperative vehicles or parts thereof as a public
nuisances, the city council makes the following findings and
declarations:
The accumulation and storage of abandoned, wrecked,
dismantled, or inoperative vehicles or parts thereof on (1) private
property; or (2) public property (where the vehicle or vehicles can
be viewed from the public street) facing property is 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 (1)
private property; or (2) public property (where the vehicle or
vehicles can be viewed from any public street) facing property
except as expressly permitted in this title, is declared to
constitute a public nuisance which may be abated as such in
accordance with the provisions of this chapter.
ORDINANCE NO.
771
SECTION 2: That Section 10.24.090, of Chapter 10.24 of Title 10
is hereby amended to add paragraph to last paragraph of this
section to read as follows:
10.24.090 - The Vehicle is located upon a parcel that is either
zoned for agricultural use or is not improved with a residential
structure containing one or more dwelling units.
If vehicle is removed pursuant to subdivision (2), prior to
final disposition, the registered or legal owner shall be notified
of the intent to dispose of the vehicle or part thereof. If the
vehicle or part thereof is not claimed and removed from the
scrapyard, automobile dismantler's yard or public disposal area
within twelve (12) days after the notice to dispose of vehicle is
mailed, final disposition may proceed.
SECTION 3: Add Section 10.24.160 - Act of Abandonment -
Misdemeanor to read as follows:
10.24.160 - Act of Abandonment:
"Act of Abandonment" It is unlawful and a misdemeanor for any
person to abandon, park, store, or leave or permit the abandonment,
parking storing, or leaving of any licensed or unlicensed vehicle
or parts thereof which is abandoned, wrecked, dismantled, or in an
inoperative condition upon any private property or public property,
including highways, within the City for a period in excess of
seventy-two or more consecutive hours unless such vehicle or parts
thereof is completely enclosed within a building in a lawful manner
where it is not plainly visible from the street or other public or
private property, or unless such vehicle is stored or parked in a
lawful manner on private property in connection with the business
of a licensed dismantler or licensed vehicle dealer or a junk yard.
SECTION 4: Add Section 10.24.170 - Refusal to Abate -
Misdemeanor to read as follows: I
10.24.170 - Refusal to Abate:
"Refusal to Abate" It is unlawful and a misdemeanor for any
person to fail or refuse to remove an abandoned, wrecked,
dismantled, or inoperative vehicle or part thereof, or refuse to
abate such nuisance when ordered to do so in accordance with the
abatement provisions of this chapter of State law, where such State
law is applicable.
SECTION 5: Add Section 10.24.180 - Constitutionality to read as
follows:
E
ORDINANCE NO. 771
10.24.180 - Constitutionality:
"Constitutionality" Should any section, subsection, paragraph,
clause, or phrase of this chapter for any reason be held to be
invalid or unconstitutional, such invalidity or unconstitutionality
shall not effect the validity or. constitutionality of the remaining
portions of this chapter..
SECTION 6: 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 within the City of Palm Desert,
and same shall be in full force and effect 30 days after its
adoption.
PASSED, APPROVED and ADOPTED this 9th day of February_, 1995,
by the City Council of the City of Palm Desert, California by the
following vote, to wit:
AYES: Benson, Kelly, Snyder, Spiegel, Crites
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST:
SHEILA R. GIIJL,IGAN, L aliClerk
City of Palm Desert, fornia
3
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BUFOR
,P,A CR TES, Mayor