HomeMy WebLinkAbout84-17 Concerning Abandoned, Wrecked, Dismantled, or Inoperative VehiclesORDIRWCE N0. 8 -/
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ODSTA MESA, CALIFORNIA, ODNCERNING ABANDONED,
WRECKED, DISMANTLED, OR INOPERATIVE VEHICLES.
THE CITY COUNCIL OF THE CITY OF ODSTA MESA DOES HEREBY ORDAIN AS
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SECTION 1. The City Council of the City of Costa Mesa hereby
finds and declares as follows:
- Numerous canplaints have been received by City staff frau local
residents concerning the unlawful storage of abandoned, wrecked, dis-
mantled, or inoperative vehicles; and
The procedure outlined in the Municipal Code for abatement of
such nuisances needs to be supplemented in order to provide a complete
remedy for the°problem; and
The authority to cite for an infraction for the unauthorized keeping,
storage or maintenance of such vehicles does not clearly appear from
the current Municipal Code.
Accordingly, the City Council of the -City of Costa Mesa hereby
amends the Costa Mesa Municipal Code as follows:
SECTION 2.
1. Section 11-65.1 is added to Title 11, Chapter IV, to read as
follows:
"Section 11-65.1. Prohibited Conduct.
It shall be unlawful, and an infraction, for any person to keep,
store, or maintain upon any premises under his control any abandoned,
wrecked, dismantled or inoperative vehicle, or parts thereof, except as
expressly hereinafter permitted. Criminal prosecution pursuant to this
section shall not preclude, nor be precluded by, abatement of such
vehicles or parts thereof pursuant to the provisions of this Chapter."
2. Section 11-66 of Title -11, Chapter IV is amended to read as
follows:
"Section 11-66. Definitions.
For the purpose of this chapter, the following terms shall have
the following meanings unless it is clear frau the context that a
different meaning is intended:
Highway means a way or place of whatever nature, publicly
maintained and open to public use for vehicular travel. 'Highway'
includes street.
A vehicle is inoperative if it is
(a) Mechanically incapable of being driven; or
(b) Prohibited from being operated on a public street or
highway pursuant to the provisions of Vehicle Code Sections 4000,
5202, 24002, or 40001, concerning license plates, registration,
equipment, safety and related matters.
Owner of the Land means the owner of the land on which the
vehicle or parts thereof are located, as shown on the last equalized
assessment roll or a more current listing.
Owner of the Vehicle means the last registered owner and the
legal owner of record.
Public Property does not include 'highway'.
Vehicle means an automobile, truck, motorcycle, trailer, and
any other device by which any person or property may be propelled,
moved, or drawn upon a highway, except a device moved by human power
or used exclusively upon stationary rails or tracks."
3. Section 11-67 of Title ll, Chapter IV is amended to read as
follows:
"Section 11-67. Exclusions.
(a) This chapter shall not apply to:
(1) A vehicle, or parts thereof, completely enclosed
within a building in a lawful manner where it is not visible from the
street or other public or private property; or
(2) A vehicle, or parts thereof, stored or parked in
a lawful manner on private property in connection with the business of
a licensed dismantler, licensed vehicle dealer, or a junkyard."
(3) A vehicle, or parts thereof, stored or parked on
private or public property pursuant to a conditional -use permit granted
by the City of Costa Mesa for that purpose, in connection with the
operation of a lawfully conducted business.
(b) 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 11 of the
Vehicle Code and this chapter."
SECTION 3: This Ordinance shall take effect and be in full force
thirty (30) days from and after the passage thereof, and prior to the
expiration of fifteen (15) days from its passage shall be published
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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 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 published the aforementioned summary arra
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.
PASSED AND ADOPTED this ,7,/,dhay of
Mayor
ATTEST:
6
C'ty Clerk of the City of Costa r
a
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
CITY OF COSTA MESA )
1984
Costa Mesa
APPROVED AS TO FORM
CITY ATTORNEY
I, EILEEN P. PHINNEY, City Clerk and ex -officio Clerk of the City
Council of the City of Costa Mesa, hereby certify that the above and
foregoing Ordinance No. gt�/z was introduced and considered section
by section at a regular meeting of said City Council held on the
day of , 1984, and thereafter passed and adopted as a
whole at a r lar meeting of said City Council held on the 2 day
of �'y�q,� , 1984, by the following roll call vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
IN WITNESS WHEREOF, I have here to set my hand and affixed the Seal
of the City of Costa Mesa this day of , 1984.
6z'
L,
= C y Clerk and ex -officio Clerk the
_ City Council of the City of Cos#AMesa
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