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HomeMy WebLinkAboutOrdinances - No. 911AN ORDINANCE PROVIDING FOR THE ABATEMENT AND'kEMOVAL AS PUBLIC NUISANCES OF ABANDONED. WRECKED. DISMANTLED OR INOPERATIVE VEHICLES OR PARTS THEREOF FROM PRIVATE PROPERTY OR PUBLIC PROPERTY NOT INCLUDING HIGHWAYS AND RECOVERY OF COSTS OF ADMINISTRATION THEREOF AS AUTHORIZED BY SECTION 22660 VEHICLE CODE. The City Council of the City of Lodi, does ordain ds follows: SECTION 1. FINDINGS AND DECLARATIONS: In addition to and in accordance with the determination made and the authorit!, 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 nuisance, the City Council of the City of Lodi, hel'eby make8 the following findings and declarations: The accumulation and storage of abandoned, wreclied, dismantled, or inoperative vehicles or parts thereof on private or publib oroperty not including highways is hereby 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, sdfety and general welfare. Therefore, the presence of an abandoned. wre'cked, dismantled or inoperative vehicle or part thereof, including highways, except as expressly hereinafter permitted, is hereby declared to constitute a public nuisance which may be abatea as such in accordance with the provisions of this ordinance. on private or public property not SECTION 2. EXCEPTIONS: This Ordinance shall not apply to: (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 - 1- (b) A vehicle or part thereof which is stored 0- parked in a lawful manner on private property in connection with the business of a licensed dismantle=. licensed vehicle dealer, a 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 maintedance of a public or private nuisance as defined under provis;ons of law other than Chapter 10 (commencing with Section 22650) of Division 11 of the Vehicle Code and this Ordinance. (c) This Ordinance shall not apply to a vehicle or part thereof which is located behind a solid fence six (6) feet in height or which is not plainly visible from a highway. SECTION 3. DEFINITIONS: The following words, and phrases when used in this Ordinance, shall be construed to have the following meaning: (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 used 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) SECTION 4. NON-EXCLUSIVE REGULATION: This Ordinance is The term "public property" does not include "highway". not the exclusive regulation of abandoned, wrecked, dismantled or inoperative vehicles within the incorporated areas of the Clty of Lodi. It shall supplement and be in addition to the other regulatolt codes, statute$ and ordinances heretofore or hereafter enacted by the City of Lodi, the State or any other legal entity or agency having jurisdiction. SECTION 5. ADMINISTRATION: Except as otherwise provided -2 herein, the provisions of this Ordinance shall be administered and enforced by the Planning Director. the Planning Director and his deputies 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 In the enforcement of this Ordinance, vehicle or part thereof declared to be a nuisance pursuant to this Ordinance. SECTION 6. CONTRACTOR OR FRANCHISE HOLDER - ENTRY TO REMOVE VEHICLE: with or granted a franchise to any person or persons, such person or persona property to remove or cause the removal of a vehicle or parts thereof declared to be a nuisance pursuant to this Ordinance. When the City Council has contracted shall he authorized to enter upon private property or public SECTION 7. ADMINISTRATIVE COSTS: The Citb Council shall from time to time by resolution, determine and fix an amount to be assessed as administrative costs (excluding the actual dost of removal of any vehicle or part thereof) under this Ordinance. SECTION 8. PUBLIC HEARING - NOTICE REQUIREMENTS: A public hearing of the vehicle or part thereof as an abandoned, wrecked, dismantled or inoperative vehicle and the assessment of the administrative costs and shall he held on the question of abatement and removal the cost of removal of the vehicle or part thereof against the property on which it is located. days before the hearing by certified mail, with a five-day return requested. to the owner of the land a8 shown on the last equalized 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. Notice of hearing shall he mailed at least ten (IOJ -3- SECTION 9. CALIFORNIA HIGHWAY PATROL - NOTICE: Notice of hearing shall also he given to the California Highway Patrol identifying the vehicle or part theoreof proposed for removal, such notice to be mailed at least ten (10) days prior to the public hearing. SECTION 10. PUBLIC HEARING BY BUILDING INSPECTOR: All hearings under this Ordinance shall be held before the Planning Director who shall hear all facts and testimony deemed pertinent. 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 Planning Director shall not be limited by the technical rules of evidence. 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. Said'facts and testimpny The owner of the land on which the vehicle is located may The Planning Director may impose such condition$ and take such other action as he deems appropriate under the circumstances to carry out the purpose of this Ordinance. The Planning Director may delay the time for removal of the vehicle or part thereof if, in his opinion, the circum- stances justify it. At the conclusion of the public hearing, ~ the Planning Director may find that a vehicle or part 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 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. requiring removal shall include a description of the vehicld or part 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 The order on the land without the consent of the landowner and that he has not -4- subsequently acquiesced in its presence, the Planning Director shall not assess costs of administration or removal of the vehicle against the property upon which the vehicle is located or otherwise atbempt to collect such costs from such landowner. If an interested party makes a written presentation to the Planning Director hut does notappear, he shall he notified,in writing of the decision. SECTION 11. APPEAL TO CITY COUNCIL: Any interested party may appeal the decision of the Planning Director by filing a written notice of appeal with the Planning Director within five (5) days after the 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 Council shall give written notice of the the 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 12. REMOVAL OF VEHICLE: Five (5) ldays after adoption of the order declaring the vehicle or parts thereof to be a public nuisance, five (5) days from the date of mailing of ndtice of the decision if such notice is required by Section 10, or fifteen (15) days after such action of the City Council authorizing the removal following appeal, the vehicles or parts thereof may he disposed of by removal to a scrapyard or automobile dismantler's yard. vehicle has been removed, it shall not thereafter be reconstructed or made operable. After SECTION 13. 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 -5- identifying the vehicle or part thereof removed. At the sdme 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. SECTION 14. ASSESSMENT OF COSTS: If the administrative costs and the cost of removal which are charged against the owner of a parcel of land pursuant to Section 10 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 25845 of the Government Code and shall be trans- mitted to the tax collector for collection. the same priority as other taxes. Said assessment shall have SECTION 15. UNLAWFUL TO ABANDON, PARK. STORE OR LEAVE VEHICLE: 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 cond5tion upon any private property or public property not including highways within the incorporated area of the City of Lodi for a period in excess of seven (7) days unless such vehicle or part thereof is compbetely 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 or part thereof is located behind a solid board fence six (6) feet in height or which is not plainly visible from a highway or unless such vehicle or part thereof is stored or parked in a lawful manner on private property in connection with the businesq of a licensed dismantle=, licensed vehicle dealer or a junkyard. It shall be unlawful for any person to abandon, SECTION 16. UNLAWFUL TO REFUSE TO COMPLY WITH ORDER: 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 Ordinance or State Law where It shall he unlawful for any person to fail or refuse to remove -6- such State Law is applicable. SECTION 17. EFFECTIVE DATE: This ordinance $hall take effect and he in force thirty (30) days after its passage, and shall be pub- lished once in the "lodi News Sentinel, '' a newspaper of general circulation printed and published in the City of Lodi, State of California. Approved this 8th day of Ortoher, 1969. JERALD KIRSTEd, Mayor Attest: Bessie L. Bennett City Clerk State of California County of San Joaquin, SS. I, Bessie L. Bennett, City Clerk of the City of Lodi, hereby certify that Ordinance No. 911 was introduced at a regular meeting of the City Council of the City of Lodi held September 17, 1969, and was thereafter passed, adopted and ordered to print at an adjourned regular meeting held October 8, 1969, by the following vote: Ayes: Councilmen - BROWN, CULBERTSON, HUNNELL, SCHAFFER and KIRSTEN Noes: Councilmen - None Absent: Councilmen - None I further certify that Ordinance No. 91 1 was approved and signed by the Mayor on the date of its passage and the same has been published pursuant to law. BESSIE L. ,BENNETT City Clerk