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HomeMy WebLinkAbout73-13 - Abandoned Vehicles -- Abatement of Public NuisancesI ORDINANCE NO. 2 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA PROVIDING FOR THE ABATEMENT AND RE - 3 MOVAL AS PUBLIC NUISANCES OF ABANDONED, WRECKED, DISMANTLED OR INOPERATIVE VEHICLES OR PARTS 4 THEREOF FROM PRIVATE PROPERTY OR PUBLIC PROPERTY, NOT INCLUDING HIGHWAYS, AND RECOVERY OF COSTS OF 5 ADMINISTRATION THEREOF AS AUTHORIZED BY SECTION 22660 VEHICLE CODE; BY AMENDING THE CITY OF COSTA 6 MESA MUNICIPAL CODE, ADDING THERETO ARTICLE 6 OF CHAPTER III. 7 8 THE CITY COUNCIL OF THE CITY OF COSTA MESA DOES HEREBY 9 ORDAIN AS FOLLOWS: 10 SECTION 1. In accordance with the determination made and 11 the authority granted by the State of California under Section 12 22660 of the Vehicle Code to remove abandoned, wrecked, dis- 13 mantled or inoperative vehicles or parts thereof as public 14 nuisances, the City Council of the City of Costa Mesa hereby 15 makes the following findings and declarations: 16 The accumulation and storage of abandoned, wrecked, 17 dismantled, or inoperative vehicles or parts thereof on private 18 or public property not including highways is hereby found to 19 create a condition tending to reduce the value of private pro - 20 perty, to promote blight and deterioration, to invite plundering, 21 to create fire hazards, to constitute an attractive nuisance 22creating a hazard to the health and safety of minors, to create 23 a harborage for rodents and insects and to be injurious to the 24 health, safety and general welfare of the public. 25 Accordingly, there is hereby enacted Division I and II of 26 Article 6, Chapter III Costa Mesa Municipal Code which shall 27 read as follows: 28 SECTION 2. "ARTICLE 6 29 ABANDONED VEHICLES 30 DIVISION I 31 Section 1. Public Nuisance The presence of an 32 abandoned, wrecked, dismantled or inoperative vehicle or parts - 1 - 1 thereof, on private or public property not including highways, 2 except as expressly hereinafter permitted, is hereby declared 3 to constitute a public nuisance which may be abated as such in 4 accordance with the provisions of this Ordinance. 5 Section 2. Definitions. For the purpose of this 6 Chapter, the following terms shall have the following meanings 7 unless it is clear from the context that a different meaning 8 is intended: 9 (a) 'VEHICLE' means a device by which any person 10 or property may be propelled, moved, or drawn upon a highway, 11 except a device moved by human power or used exclusively upon 12 stationary rails or tracks. 13 (b) 'HIGHWAY' means a way or place or whatever 14 nature, publicly maintained and open to the use of the public for 15 purposes of vehicular travel. Highway includes street. 16 (c) 'PUBLIC PROPERTY' does not include 'highway'. 17 (d) 'OWNER OF THE LAND' means the owner of the 18i land on which the vehicle, or parts thereof, is located, as shown 19 on the last equalized assessment roll. 20 (e) 'OWNER OF THE VEHICLE' means the last re - 21 gistered owner and legal owner of record. 22 Section 3. Exclusions. This chapter shall not 23 apply to: 24 (a) A vehicle, or parts thereof, completely 25 enclosed within a building in a lawful manner, and not visible 26 from the street or other public or private property; or 27 (b) A vehicle, or partsthereof, stored or parked 28 in a lawful manner on private property in connection with the 29 business of a license dismantler, licensed vehicle dealer, a 30 junk dealer, or when such storage or parking is necessary to 31 the operation of a lawfully conducted business or commercial 32 enterprise. 2 I (c) A vehicle or parts thereof stored or parked 2 on private or public property pursuant to permit granted by the 3 City of Costa Mesa for that purpose. 4 Nothing in this section shall authorize the maintenance of 5 a public or private nuisance as defined under provisions of law 6 other than Chapter 10 (commencing with Section 22650) of Division 7 11 of the Vehicle Code and this Ordinance. 8 Section 4. Enforcement. Except as otherwise provided 9 for herein, the provisions of this Ordinance shall be administered 10 and enforced by the City Council who may from time to time 11 delegate all or any portion of the duties hereunder to the City 12 Manager or his duly authorized agents. In the enforcement of 13 this Ordinance such agents may enter upon private or public 14 property to examine a vehicle or partsthereof, or obtain infor- 15 mation as to the identity of a vehicle and to remove or cause the 16 removal of a vehicle or parts thereof declared to be a nuisance 17 pursuant to this Ordinance. 18 Section 5. Franchise Removal. When the City Council 19 has contracted with or granted a franchise to any person or 20 persons, such person or persons shall be authorized to enter 21 upon private property or public property to remove or cause the 22 removal of a vehicle or parts thereof declared to be a nuisance, 23 pursuant to this Ordinance. 24 Section 6. Administrative Costs. The City Council 25 shall from time to time determine and fix an amount to be assessed 26 as administrative costs (excluding the actual cost of removal 27 of any vehicle or parts thereof) under this chapter. 28 Section 7. Abatement. Upon discovering the existence 29 of an abandoned, wrecked, dismantled, or inoperative vehicle, or 30 parts thereof, on private property or public property within the 31 City, the City Council shall have the authority to cause the 32 abatement and removal thereof in accordance with the procedure 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 prescribed herein. Section 8. Notice. A ten (10) day notice of intention to abate and remove the vehicle, or parts thereof, as a public nuisance shall be mailed by registered mail 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. The notices of intention shall be in substantially the following forms: NOTICE OF INTENTION TO ABATE AND REMOVE AN ABANDONED, WRECKED, DISMANTLED, OR INOPERATIVE VEHICLE OR PARTS THEREOF AS A PUBLIC NUISANCE. (Name and address 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 (Chapter III, Article 6, Division I, Costa Mesa Municipal Code) has determined that there exists upon said land an (or parts of an) abandoned, wrecked, dis- mantled or inoperative vehicle registered to license number which constitutes a public nuisance. 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 of Costa Mesa, 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 City Council within such 10 day period, the City of Costa _M 1 Mesa shall have the authority to abate and remove said vehicle 2 (or said parts of a vehicle) as a public nuisance and assess 3 the costs as aforesaid without a public hearing. You may 4 submit asworn written statement within such 10 day period 5 denying responsibility for the presence of said vehicle (or said 6 parts of a vehicle) on said land, with your reasons for denial, 7 and such statement shall be construed as a request for hearing 8 at which your presence is not required. You may appear in person 9 at any hearing requested by you or the owner of the vehicle or, 10 in lieu thereof, may present a sworn written statement as 11 aforesaid in time for consideration at such hearing. 12 Notice Mailed CITY OF COSTA MESA (Date) 13 By City Manager 14 15 NOTICE OF INTENTION TO ABATE AND REMOVE AN ABANDONED, WRECKED, DISMANTLED OR 16 INOPERATIVE VEHICLE OR PARTS THEREOF AS A PUBLIC NUISANCE. 17 (Name and address of last registered and/or 18 legal owner of record of vehicle -- notice should be given to both if different) 19 20 As last registered (and/or legal) owner of record of 21 (description of vehicle - make, model, license, etc.) you are 22 hereby notified that the undersigned pursuant to Chapter III, 23 Article 6, Division I, Costa Mesa Municipal Code has determined 24 that said vehicle (or parts of a vehicle) exists as an abandoned, wrecked, dismantled or inoperative vehicle at (describe location 25 26 on public or private property) and constitutes a public nuisance 27 pursuant to the provisions of said Municipal Code. 28 You are hereby notified to abate said nuisance by the removal of said vehicle (or said parts of a vehicle) within 10 29 30 days from the date of mailing of this notice. 31 As registered (and/or legal) owner of record of said 32 vehicle (or said parts of a vehicle), you are hereby notified - 5 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 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 Planning Commission within such 10 day period, the City Council shall have the authority to abate and remove said vehicle (or said parts of a vehicle) without a hearing. Notice Mailed: CITY OF COSTA MESA By City Manager Section 9. Public Hearing. Upon request by the owner of the vehicle or owner of the land received by the City within 10 days after the mailing of the notices of intention to abate and remove, a public hearing shall be held by the Planning Commission 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 administrative costs and the cost of removal of the vehicle or parts thereof against the property on which it is located. Section 10. Written Denial - Land Owner If the owner of the 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 mail, at 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 City shall have the authority to abate and remove the vehicle or parts thereof as a public nusiance without holding a public hearing. Section 11. Hearing Body - Planning Commission - 6 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31. 32 All hearings under this Ordinance shall be held before the Planning Commission 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 said private property or public property. The Planning Commission shall not be limited by the technical rules of evidence. The owner of the land may appear in person at thekearing or present a sworn written statement in time for consideration at the hearing, and deny responsibility for the presence of the vehicle on the land, with his reasons for such denial. Sectionl2. Hearing Body - Powers. The Planning Commission may impose such conditions and take such other action as it deems appropriate under the circumstances to carry out the purposes of this Ordinance. It may delay the time for removal of the vehicle or parts thereof if, in the opinion, the circum- stances justify it. At the conclusion of the public hearing, the Planning Commission may find that a vehicle or parts thereof has been abandoned, wrecked, dismantled, or is inoperative on private or public property and order the same removed from the property as a public nusiance 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 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 Planning Commission shall not assess the costs of adminis- tration or removal of the vehicle against the property upon which the vehicle is located or otherwise attempt to collect such - 7 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 costs from such owner of the land. If the owner of the land submits a sworn written statement denying responsibility for the presence of the vehicle on his land but does not appear, or if an interested party makes a written presentation to the Planning Commission but does not appear, he shall be notified in writing of the decision. Section 13. Appeal. Any interested party may appeal the decision of the Planning Commission by filing a written notice of appeal with the said City Clerk within five (5) days after its decision. Such appeal shall be heard by the City Council which may affirm, amend or reverse the order or take other action deemed appropriate. The clerk shall give written notice of the time and place of the hearing to the appellant and those persons specified in Section 8. In conducting the hearing the City Council shall not be limited by the technical rules of evidence. Section 14. Disposal. Five (5) days after adoption Df the order declaring the vehicle or parts thereof to be a public nuisance, or live (5) days from the date of mailing of notice of the decision if such notice is required by Section 12, or 15 lays after such action of the governing body authorizing removal following appeal, the vehicle or parts thereof may be disposed >f by removal to a scrapyard or automobile dismantler's yard. Afte a vehicle has been removed it shall not thereafter be reconstructed >r made operable. Section 15. Department of Motor Vehicles Notice. Within five (5) days after the date of removal of the iehicle or parts thereof, notice shall be given to the Department >f Motor Vehicles identifying the vehicle or parts thereof removed. It the same time there shall be transmitted to the Department of 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 Motor Vehicles any evidence of registration available, including registration certificates, certificates of title andlicense plates. Section 16. Costs of Removal Assessed If the administrative costs and the cost of removal which are charged against the owner of a parcel of land pursuant to Section12 are not paid within 30 daysof 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 3877.5 of the Government Code, and shall be transmitted to the tax Collector for collection. Said assessment shall have the same priority as other city taxes. Section 17. Nonexclusive Remedy. This chapter is not the exclusive regulation of abandoned, wrecked, dismantled or inoperative vehicles with the City of Costa Mesa. It shall supplement and be in addition to the other regulatory codes, statutes, and ordinances heretofore or hereafter enacted by the City of Costa Mesa, the State, or any other legal entity or agency having jurisdiction. DIVISION II AUTO WRECKING, DISASSEMBLING AND DISMANTLING BUSINESS _Section 18. Dismantling o£ Vehicles - Eight Foot Fence Required. Any person in the business of dismantling or dis- abling automobiles, trucks, or vehicles of any kind, except .n a building, shall dismantle or disassemble such automobile or other vehicle behind a fence not less than eight (8) in height, and said fence must be located a distance of y -five (25) feet from the front and side street lines of the of land, and so constructed as to conceal all material upon property, extending around all sides of the lot or piece of upon which said disassembling or dismantling is conducted. - 9 - 1 Section 19. Report to Police. Contents. 2 Before dismantling or disassembling any automobile, 3 truck or other vehicle, the person in the business of dismantling 4 and proposing to do so must first make a report in writing to 5 the Chief of Police of the City giving the name and make of the 6 automobile or truck, the model thereof, the owner if known, 7 the State license number and the engine number thereof, and the 8 manner in which said automobile, truck or other vehicle was 9 obtained; and no such automobile, truck or other vehicle shall 10 be dismantled earlier than three (3) hours after such report is 11 made. 12 Section 20. Storing of Dismantled Vehicles. 13 No person shall store or allow to be stored upon his 14 property any automible, truck or other vehicle which is either 15 dismantled or disassembled, eitherin whole or in part, or does 16 not qualify to be operated on the highways under the Vehicle 17 Code of the State of California, without first obtaining a permit 18 from the City Council. 19 Section 21 Same. Exception. Licensed Business. 20 The provisions of this Article shall not apply to 21 any person, firm or corporation engaged in the business of 22 repairing automobiles or trucks or other vehicles who is operatin 23 under a business license issued by the City, and whose occupation 24 or business is not dismantling, wrecking or disassembling 25 automobiles, trucks or vehicles of any kind." 26 SECTION 3. Section 5211 of Chapter V, Article 2 is 27 hereby amended to read as follows: 28 "Section 5211 HeavV Objects - Disposal of. 29 Every person occupying or having charge or control 30 of any premises in the City shall, at least once within each 31 calendar month, collect and dispose of all waste material and 32 debris, and all other material not included in the meaning of 10 1 waste material as defined in Section 5200, which may have ac - 2 cumulated on his premises; provided that building or construction 3 waste or debris need be removed upon completion of construction 4 operations. All such waste and debris in this section defined 5 shall be removed to such dump grounds as may be provided or 6 designated by the City or County." 7 SECTION 4. Sections 9298.15 through 9298.18 of the Costa 8 Mesa Municipal Code are hereby repealed having been by this 9 Ordinance re-enacted as Division II or Article 6, Chapter III 10 Costa Mesa Municipal Code. All other ordinances or parts thereof 11 in conflict herewith are hereby repealed. 12 SECTION 5. This Ordinance shall take effect and be in 13 full force and effect thirty (30) days from and after its passage, 14 and before the expiration of fifteen (15) days after its passage, 15 shall be published once in the Orange Coast Daily Pilot, a news - 16 paper of general circulation printed and published in the City of 17 Costa Mesa, together with the names of the members of the City 18 Council voting for and against the same. 19 PASSED AND ADOPTED this /,674 day of 19 20 / 21 L.. 22 Mayo of the City of Costa Mesa ATTEST: 23 24 ©i 26 City Clerk of the City of Costa Mesa 26 27 28 29 30 31 32 13. ], STATE OF CALIFORNIA ) COUNTY OF ORANGE ) as. 2 CITY OF COSTA MESA ) 3 I, EILEEN P. PHINNEY, City Clerk and ex -officio Clerk of the City Council of the City of Costa Mesa, hereby certify that 4 the above and foregoing Ordinance No. 3- 13 was introduced and considered section by section at a regular meeting of said City 5 Council held on the ft4 day of , 1973, and thereafter passed and adopted as a whole at a egUlar meeting of said City 6 Council held on the " day of 1973 by the following roll call $ vote: AYES: COUNCILMEN: yIMs. 9L—=////��fi��,,dd��r ll n NOES: COUNCILMEN: -7 (� ABSENT: COUNCILMEN: 10 IN WITNESS WHEREOF, I have hereby set my hand and affixed 11 the Seal of the City of Costa Mesa this (,W^ day of gZ&ja , 121973. 13 14 City Clerk and ex -officio Chfark of the City Council of the ity 15 of Costa Mesa 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 - 12 - STATE OF CALIFORNIA ) COUNTY -OF ORANGE ) SS. CITY OF COSTA MESA ) 1 am a citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a party to or interested in the below entitled matter. I am a principal clerk of the ORANGE COAST DAILY PILOT, a newspaper of general circulation, printed and published in the City of Costa Mesa, County of Orange, State of Cal- ifornia, and I certify that City Ordinance No. 73-13 of which the copy attached hereto is a true and complete copy, was printed and published in the regular issue(s) of said newspaper on April 21,1973 I declare, under penalty of perjury, that the foregoing is true and correct. Executed on at Costa April 21 197 3 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS. CITY OF COSTA MESA) I, EILEEN P. PHINNEY, City Clerk of the City of Costa Mesa and ex -officio Clerk of the City Council of the City of Costo Mesa, hereby certify that Ordinance No. 73-13 was introduced and con- sidered, section by section, at a regular meeting of the City Council of the City of Costa Mesa, held on the 2nd day of _April , 1973— and thereafter passed and adopted as a whole at a regular meeting of said City Council held on the 16th .lay of April 1973, by the following roll -call vote: AYES: COUNCILMEN- Hammett, Jordan, Pinkley, Wilson, Raciti NOES: COUNCILMEN - None ABSENT: COUNCILMEN - I FURTHER CERTIFY that said Ordinance No. 73-13 was published in the ORANGE COAST DAILY PILOT, a newspaper of general circulation, printed and published in the City of Costa Mesa, on the 21st day of April 1973–. a� � I('?V A'j City Clerk and ex -officio Clerk of the Ci Council of the City of Costa Mesa PUBLIC N0110E I SECTION 3. ARTICLE 6 ■■■A ABANDONED VEHICLES DIVISION I S '. I. Public Nuisance. The which may nca with the the (b slsoca, unless I1 Is adlnrtem I eeyl« by .ti may m TY' tices net LAND" mm - on wrichethe to located, a ad Aeeessmam E VEHICLE' of owner am s chapter men thereof, co building In z ohms from me Oe procedure pre3crined ice..A len (10) day notice ioafe and remove iM wahl- hereby nonned to share said I me removal M said vehicle its or a vem6el within 10 days areollurcllM°Eomsthis enalm@' led and removed LY +rte eliy of 'w.ad tha is mereol: ith Admmiat:onve cans. vm(rd+aso aceosainriaa Department of Motor °IeCity Clerk aM ll ea-MNcio Clerk, I the OI the CIN{ountof me a t- City at Costa Ma sao me MAL) Published 'Onn°a Cabid WIIY I'"," . Thin ,81,111 21. 1913 , or agency 11—w m A, DIVISION II �s AUTO WRECKING. DISg55EM8LING qN0 OISMgNTLING Bu51NE55 on SeCllon 19. DIa saYllln9anl ValllcNa