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HomeMy WebLinkAbout80-13 Amending a Portion of Title 10, Concerning Removal of Illegally Parked VehiclesORDINANCE NO. 80-13 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, AMENDING A PORTION OF TITLE 10, OF THE COSTA MESA MUNICIPAL CODE CONCERNING REMOVAL OF ILLEGALLY PARKED VEHICLES THE CITY COUNCIL OF THE CITY OF COSTA MESA DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1: The following sections of Title 10 of the Costa Mesa Municipal Code are hereby amended to read as follows: 'S10-69. When vehicles may be removed from streets. (a) Any regularly employed or salaried Police Officer or Police Cadet of the Police Department may remove or cause to be removed any vehicle which: (1) Has been parked or left standing upon a street or highway for seventy-two (72) or more consecutive hours. (2) Is parked or left standing upon a street or highway when such parking or -standing is prohibited by ordinance or resolution of this City and signs are posted giving notice of such removal. (3) Is parked or left standing upon a street or highway where the use of such street or highway or a portion thereof is necessary for the cleaning, sweeping, repair or construction of the street or highway, or for the installa- tion of underground utilities, or where the use of the street or highway or any portion thereof is authorized for a purpose other than the normal flow of traffic, or where the use of the street or highway or any portion thereof is necessary for the movement of equipment, -1- articles or structures of unusual size, and the parking of such vehicle would pro- hibit or interfere with such use or move- ment; provided that signs giving notice that such vehicle may be removed are erected or placed at least twenty-four (24) hours prior to the removal. (4) If parked or left standing in violation of Calfiornia Vehicle Code §22651 and removal is authorized, or of §10-185(a) and §10-220, Costa Mesa Municipal Code. (b) Before any vehicle can be removed for vio- lating the 72 -hour limitation as provided by subparagraph (a)(1) above, there must be, if re- quested, a pre -removal hearing in accordance with the following procedure. There must have been posted in a conspicuous place upon the vehicle a notice which shall contain the following: (1) the alleged violation; (2) a description of the vehicle (including, if available, the make, model, color and license number of the vehicle); (3) the location of the vehicle; (4) the identity of the person giving the notice; (5) a statement of the right to a hearing before the vehicle is removed and the manner of obtaining such a hearing. (c) After any vehicle has been removed summarily as provided in subparagraph (a)(2) through (a)(4) above, the vehicle's registered and legal owners of record shall be given the opportunity for a post- removal hearing to determine the validity of the storage in accordance with California Vehicle Code §22852. -2- (d) The procedures for hearings under this section shall be established by the Chief of Police and the hearings held by him, or any Police Officer desig- nated by him who did not direct the storage. (e) The disposition of any stored vehicle shall be in accordance with California Vehicle Code §22704 through §22707, §22850 and §22851. §10-185. Use of streets for Storage of Certain Vehicles Prohibited. (a) No person who owns or has possession, custody or control of any commercial vehicle as defined in §260 of the Vehicle Code or any truck tractor as defined in §655 of the Vehicle Code having a manu- facturers gross weight rating of ten thousand (10,000) pounds or more, or any house trailer, boat trailer or any other type of detached trailer shall park such vehicle upon any residential street at any time except: (1) In the case of detached trailers while loading or unloading property or attaching or detaching said trailer from a motor vehicle and a reasonable period of time is necessary to complete such work for emergency repairs; or (2) In the case of commercial vehicles or truck tractors, while making pickups or de- livering of goods, wares, and merchandise from or to any building or structure located on the restricted streets or highways or for the pur- pose of delivering materials to be used in the actual and bona fide repair, alterations, remodeling, or construction of any building or structure upon the restricted streets or highways for which a building permit has pre- viously been obtained. -3- (b) No person who owns or has possession, custody or control of any vehicle, excluding those defined in subsection (a) above, shall park such vehicle upon any street or alley for more than a consecutive period of seventy-two (72) hours. (1) For the purposes of this subsection, an operable vehicle shall be construed to be parked when the vehicle has not moved for a distance of three (3) car lengths from the place which it had previously occupied, and the odometer reading if observable, has not changed more than one-tenth (1/10) of one mile. (2) For purposes of this subsection, if a vehicle is in an apparent state of mechanical breakdown, such as no engine, battery, or drive train components, it shall be presumed to be parked and the immediately preceding section shall not apply. (c) Vehicles found parked in violation of this sec- tion may be cited or removed in accordance with the provisions in §10-69. §10-220. Enforcement. Any regularly employed and salaried Police Officer, or Police Cadet, is authorized to enforce the provisions of this article. Vehicles found parked in violation of this article may be cited or removed in accordance with the provisions in §10-69." SECTION 2: This Ordinance shall take effect and be in full force thirty (30) days from and after its passage, and prior to the expiration of fifteen (15) days from the passage thereof, shall be published once in the Orange Coast Daily Pilot, a newspaper of general circulation, printed and published in the City of Costa Mesa, or in the alternative, the City Clerk -4- may cause to be published a summary of this Ordinance and a certified copy of the text of this Ordinance shall be posted in the Office of the City Clerk five (5) days prior to the date of adoption of this Ordinance and within fifteen (15) days after adoption, the City Clerk shall cause to be pub- lished the aforementioned summary and shall post in the office of the City Clerk a certified copy of this Ordinance together with the names of the members of the City Council voting for and against the same. ATTEST: PASSED AND ADOPTED this /off day of 1980. �1� U, kN k , t Mayor of t e City"bf Cost Mesa APPROVED AS TO FORM: City Clerk of the City p' By: Costa Mesa U STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF COSTA MESA ) City Attorney I, EILEEN P. PHINNEY, City Clerk and ex -officio Clerk of the City Council of the City of Costa Mesa, and hereby certify that the above and foregoing Ordinance No. go- 3 was introduced and considered section by se ion at a r cul r meeting of said CityCouncil held on the qday of 1980, and thereafter passed and adopted as a whol atML of said City Council held on the � day o 1980 by the following roll call vote: AYES: COUNCIL MEMBERS: � IJ NOES: COUNCIL MEMBERS: 7Zo'�C_ ABSENT: COUNCIL MEMBERS : IN WITNESS WHEREOF, I have hereunto set my hand and affix d the Seal of the City of Costa Mesa this �W day of 1980. Cj Ci y Clerk and ex -officio Clery of the City Council of the C' of Costa Mesa -5-