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HomeMy WebLinkAbout1278 - Vehicles and Parts Public Nuisancesr 8THS /2/68v ORDINANCE No. 1 a 7 8 14 AN ORDINANCE OF THE CITY OF NEWPORT BEACH ADDING CHAPTER 10.52 TO TITLE 10 OF THE • NEWPORT BEACH MUNICIPAL CODE PROVIDING FOR THE ABATEMENT AND - REMOVAL AS PUBLIC NUISANCES OF ABANDONED, WRECKED, DISMANTLED-OR INOPER- ATIVE VEHICLES OR PARTS THEREOF FROM PUBLIC AND PRIVATE PROPERTY► EXCLUDING HIGHWAYS • The City Council of the City of Newport Beach does ordain as follows. SECTION 1. Chapter 10052 is added to Title 10 of the Newport Beach Municipal Code to read. / eChapter 10.52 Sections° 10.52°010 Declaration of Policy. 100520020 Definitions. 100520030 Exceptions. 10.52.040 Other Regulations. 10052.050 Storing Abandoned. Inoperable or Wrecked Vehicles. 100520060 Entry on Private or Public Property. 100520070 Determination of Administrative Costs. 100520080 Public Hearing. 10052.090 Hearing Procedure Officer 10.52.100 Right of Appeal° 10.52.110 Removal of Vehicles. 10052.120 Notice to Department of Motor Vehicles. 10.52.130 Compliance with Abatement Order. 10.520140 Assessment of Costs of Removal. 100520010 Declaration of Policyo in addition to and in accordance with the determination made and the,authority granted by the State of California under Section 22660 of the Vehicle Code to remove abandoned, wrecked, dismantled or inoperative vehicles or parts thereof as public nuisances, the City Council hereby makes the following findings and declarations. The accumulation and storage of abandoned, wrecked, dismantled, or inoperative vehicles or parts thereof on private or public property not including highways is hereby found to create a condition tending to reduce the value of private property, to promote blight and deterio- ration, to invite plundering.9 to create fire hazards, to consititute 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 part thereof, on private or public property not includ- ing highways, except as expressly hereinafter permitted, is hereby declared to constitute a public nuisance which may be aba -ted --as such in accordance with the provisions of this .chapter- 100520020 Definitions> As used in this chapters (a) The term 'vehicle' means a device by which any person or property may be propelled, moved, or drawn upon a highway, except a device.moved by human power or I sed exclusively upon stationary rails or tracks. (b) The term 'highway' means a way or place of whatever nature, publicly maintained and open to the use • of the public for purposes of vehicular travel. Highway includes street. (c) The term 'public property' does not include °highway °o tog 10052.030 Exceptions. This chapter shall not apply (a) A vehicle or part 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 part thereof which is stored or parked in a lawful manner on private property in connection with the business of a licensed dismantler, licensed vehicle dealer, or junk dealer, 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 provisions 9- of law other than Chapter .10 (commencing with Section 22650) of Division 11 of the Vehicle Code and this chapter. 10.52.040 Other R ulations. The provisions of this • chapter are not.the exclusive regulations applicable to abandoned, wrecked, dismantled or inoperative vehicles within the City. They shall supplement and be in addition to the other regulatory codes, statutes, and ordinances heretofore or hereafter enacted by the City, the State, or any other legal entity or agency having jurisdiction. 10.52.050 Storin& abandone d. inoperable or Wrecked Vehicles. No person shall abandon, park, store, or leave or permit the abandonment, parking, storing or leaving of any licensed or unlicensed vehicle or part thereof which is in an abandoned, wrecked, dismantled or inoperative con- dition upon any private property or public property: not including highways within the City for a.period in excess • of five (5) days unless such vehicle or part 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, licensed vehicle dealer or a junkyard. 10052.060 Eantry on Private or public Property. Except as otherwise provided herein, the provisions of this chapter shall be administered and enforced by the Chief of Police or his designated representative. In the enforcement of this chapter, any City officer or employee may enter upon private or public property to examine a vehicle or parts thereof, or obtain information as to the identity of a vehicle, and to • remove or cause the removal of a vehicle or part thereof, declared to be a nuisance pursuant to this chapter. If the City Council has contracted with or granted a franchise to any person or persons for the removal of 3.- abandoned vehicles, such person or persons shall be authorized to enter upon private property or public property to remove or cause the removal of a vehicle or parts thereof declared to be a nuisance pursuant • to this chapter. 10.52.070 Determination of Administrative Costs. The City Council shall from time to time determine and fix an amount to be assessed as administrative costs, excluding the actual cost of removal of any vehicle or part thereof, under this chapter. 10.52.080 Public Hearing. A public hearing shall be held on the question of abatement and removal of the vehicle or part thereof as an abandoned, wrecked, dis- mantled or inoperative vehicle and the assessment of the administrative costs and the cost of removal of the vehicle or part thereof against the property on which it is located. Notice of hearing shall be mailed at least • ten (10) days before the hearing, by certified mail, with a five -day return requested, to the owner of the land as shown on the last equalized County assessment roll and to the last registered and legal owner of record unless the vehicle is in such condition that identification numbers are not available to determine ownership. If any of the foregoing notices are returned undelivered by the United States Post Office, the hearing shall be continued to a date not less than ten (10) days from the date-of such return. The failure to receive the mailed notices required herein shall not affect in any manner the validity of any abatement proceeding hereunder providing a notice of the proceeding has been posted on the vehicle or,part thereof sought to be removed at least ten (10) . days before the hearing. Notice of hearing shall also be given to the California Highway Patrol identifying the vehicle or part thereof proposed for removal, such notice to be 4. • • E mailed at least ten (10) days prior to the public hearing. 10.52.090 Hearing Procedure Officer. All hearings under this chapter shall be held before the City Manager or his designated representative, who shall hear all facts and testimony he deems pertinent. Said facts and testimony may include testimony on, the condition of the vehicle or part thereof and the circumstances concerning its location on the said private property or public property. The City Manager shall not be limited by the technical rules of evidence. The owner of the land on which the vehicle is located may appear in person at the hearing or present a 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. The City Manager or his designated representative may impose such conditions and take such other action as he deems appropriate under the circumstances to carry out the purpose of this chapter. He may delay the time for removal of the vehicle or part thereof if, in his opinion, the circumstances justify it. At the conclusion of the public hearing, the City Manager or his designated representative may find that a vehicle or part thereof has been abandoned, wrecked, dismantled, or is in- operative on private or public property and order the same removed from the property as a public nuisance and disposed of as hereinafter provided and determine the administrative costs and the cost of removal to be charged against the owner of the parcel of land on which the vehicle or part thereof is located. The order requiring removal shall include a description of the vehicle or part thereof and the correct identification 5. 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 land • owner and that he has not subsequently acquiesced in its presence, the hearing officer shall not assess costs of administration or removal of the vehicle against the property upon which the vehicle is located or otherwise attempt to collect such costs from such land owner. If an interested party makes a written presentation to the hearing officer but does not appear, he shall be notified in writing of the decision. 10.52.100 Right of Appeal. Any interested party may appeal the decision of the hearing officer by filing a written notice of appeal with said hearing officer within five (5) days after his 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 City Clerk shall give written notice of the time and place of the hearing, to the appellant and those persons specified in Section 10.52.080. In conducting the hearing, the City Council shall not be limited by the technical rules of evidence. 10.52.110 Removal of Vehicles. Five (5) days after adoption of an order declaring the vehicle or parts thereof to be a public nuisance, five (5) days from the date of mailing of notice of the decision if such notice is required by Section 10.52.090, or fifteen (15) days after such action of the City Council authorizing removal following appeal, the vehicles or parts thereof • may be disposed of by removal to a scrapyard or auto- mobile dismantler's yard. After a vehicle has been removed it shall not thereafter be reconstructed or made operable. 6. • • 0 10.54 2 ®120 Notice to Department of Motor Vehicles. Within five (5) days after the date of removal of the vehicle or part thereof, notice shall be given to the Department of Motor Vehicles identifying the vehicle or part thereof removed. At the same time there shall be transmitted to the Department of Motor Vehicles any evidence of registration available, including registration certificates, certificates of title and license plates. 10.52.130 Compliance with Abatement Order. It shall be unlawful and a misdemeanor for any person to fail or refuse to remove an abandoned, wrecked, dismantled or inoperative vehicle or part thereof or to refuse to abate such nuisance when ordered to do so in accordance with the abatement provisions of this chapter or any applicable provision of State law. 10.52.140 Assessment of Costs of Removal. If the administrative costs and the cost of removal which are charged against the owner of a parcel of land pursuant to Section 10.52.090 are not paid within thirty (30) days of 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 38773.5 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 2. This ordinance shall be published once in the official newspaper of the City,.and the .same shall be effective 30 days after the date of its adoption. This ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach held on the 10th day of September. 1968, and was adopted on the 23rd day of September , 1968, by the following vote, ATTEST-, city C e`r c to wit% AYES, COUNCILMEN-, McInnis, Shelton Parsons, Marshall, Rogers, Gruber NOES, COUNCILMEN% None ABSENT COUNCILMEN-, Hirth Mayor 7. CERJPIED AS THE RI _ _ ........._....... CUT CLERK OF THE C;TT OF /„d sure ,f — � : - -- '