HomeMy WebLinkAboutAgenda Report - April 21, 1993 PH (6)CITY COUNCIL MEETING
April 21, 1993
PUBLIC HEARING TO CONSIDER APPEAL RECEIVED
FROM GREGG M. YOSH1M010, ATTORNEY, ON BEHALF
OF XINUYE YOSHIMOTO REGARDING VEHICLE
ABATEMENT Nr""'CES,•VIOLATiON NUMBERS 1657
.AND 1658 ISSUED TO 1305 au.wu.t.,1 COURT BY
THE COMMUNITY DEVELOPMENT DIRECTOR ON
JANUARY 21,`1993
•
Notice thereof having been published according to law, 'aa
,CC-.83ib) affidavit of which publication is on filein the office of.
the City Clerk, Mayor Pennino called for the Public Hearing
to consider appeal received from Gregg ,.M.'Yoshimoto,
Attorney, on behalf of Rinuye Yoshiosoto.regarding.Vehicle;.;'-:',
',-Abatement Notices, Violation Numbers 1657,:and 1658 Burg z2y,.
Court by the Community Development Director on January 21, '
2993.
The following report was presented by Community Development
Director Schroeder. �,a' `�5;�:• ,-• ;s•
On September 16, 1992 Code Enforcement Officer James H.
Siemers identified three abandoned 'automobiles at 1305
Burgundy Court and informed the property owner, Kinuye
Yoshimoto, that they should be removed or concealed from
public view. On September 18, 1992 one of the owner's sons.
contacted the City and asked for additional time so that
the automobile could be made operable. The staff agreed to
a 90 -day extension. •
On December 12, 1992 the automobiles had not been moved or
made operable. At this point they were ordered removed or
the City would have its contract automobile hauler take
possession.
Mr. Gregg Yoshimoto, Attorney and a' second son of the
property owner appealed Mr. Siemers' order to the Community
Development Director.. ,
At 10:00" a. mursday, Januazy 21, 1993 the Community
Development Director conducted a hearing on the appeal of 3q`"ri
the order of James H. Siemers, Code Enforcement Officer, to.
abate, by -" removal, the following vehicles from 1305
Burgundy Court.
1. 1982 Audi,"CA Plate 1DWW832
2. 1978 Chrysler,'CA Plate 371UVO
3. 1982 Dodge Van, Oregon Plate NXM432
At the conclusion of the hearing the Community Development
Director made the following findings:
1.
The 1982 Audi was in fact operable and
ordered the file closed and that no further
action be taken;
CITY COUNCIL MEETING
April 21, 1993
2. The /1978 Chrysler was inoperable and
�.. unlicensed and ordered •`that ;itb_e'reaioved
.i+' *' from 1305 Burgundy C `
Court -or mew
within 60 days ,(i.e. March,22,.:1993 ,�,_:q,.'
,,,,y�•�•• , )`:.. aic�d rte.
•
'1 The '1982 Dodge :Van'," :;ginoperable1-and .1 •
ordered that remayed rani 1305
;...„Burgundy Court or ` hiddeis , ficm�a7r�`rthin�` 60 -''
..7days (i.e.-March
.. ."d'•.},. i'•:�r''�jh �••...a:.�V::1°;�y•pr"bi`kv'?�.='-7•w�:-�Z;.
JPresent .. at the hearing were Kinuye R.Yoshi.a oto, °:- Gr-sgg
': Yoshimoto, `_Code •=Enforcement Officer:�J*a�__
a � 'Siemers, `City .
,,rAttorney,.Sob McNatt and the Community, Developst,Director.''
"' �;� `��: -."n . (i;:'�',. 'G�: ' .: '•.. _•
r Via:$ •.%:�. -. : i- s 4iyi..i
:,Since .;.special•:: circumstances ►existed, ;tithe ccamwnity:::
.:Development Director extended the appeai.-period from 15
to 45 days"and allowed the 60: day :abatement period;, ^:~_
.. - ;�,: .t „".:rF`r•-9_`i$�'-r •P; :;;.-`K't-:L:=: :�i•EG:j�. *t ..��,;;-,t'��' ^, •••, c,^;'. .
As of -April 13, 1993 the 1.978 Chrysler•and.1982 Dodge Van
were in the same locations as they were-during'•the`;period
before the Community Development Directors hearing. ;:; 7
_ . -
b^ti+it should be:. 'noted that :this'- s 'the . first abandoned
automobile appeal to come before the City Council since the
private property program was started over 20 years ago.
-•..Mayor .Pennino :;opened .the hearing to the .public.•,.,Speakiing
cn the matter were' the following persons:"'
a)
The appellant, Gregg Yoshimoto, 1305
`Burgundy Court; and
h) Virginia Snyder, 412 East Oak Street, Lodi.
There ,being no one..else wishing to apeak on the matter;; the
Mayor closed the public portion of the m(eeting. -
Following discussion among the .City_„Council,' staff and
those who :.had given:testimony,..the City Council, on motion
of =-Council ‘Membe-r-Mann; =Sieglock `Second; 'unainimousli denied •%
the appeal received from Gregg M. Yoshimoto, Attorney, on r'r'
behalf of Kinuye Yoshimoto regarding Vehicle ''Abatement,..
.Notices, .. Violation -Numbers 1657. and .• 1658 issued to .1305.-
'Burgundy --Court `'. by : the Community Develaps�ent' Director vn
January 21, 1993.
4 a 4
4
CITY OF LODI
AGENDA TITLE:
MEETING DATE:
COUNCIL COMMUNICATION
r
Appeal Received from Gregg M. Yoshimoto, Attorney, on behalf of
Kinuye Yoshimoto Rp:arding Vehicle Abatement Notices Numbers 1657
and 1658 Issued to 1305 Burgundy Court by the Community Development
Director
April 21, 1993
PREPARED BY: Community Development Director
RECOMMENDED ACTION: That the City Council conduct a public hearing to
consider the appeal of Gregg Yoshimoto, Attorney, on
behalf of Kinuye Yoshimoto regarding Vehicle Abatement
Notices Numbers 1657 and 3658 issued to 1305 Burgundy Court by the Community
Development Director, and take appropriate action.
BACKGROUND INFORMATION: On September 16, 1992 Code Enforcement Officer James H.
Siemers identified three abandoned automobiles at 1305
Burgundy Court and informed the property owner, Kinuye
Yoshimoto, that they should be removed or concealed from public view. On September
18, 1992 one of the owner's sons contacted the City and asked for additional time so
that the automobile could be made operable. The staff agreed to a 90 day extension.
On December 12, 1992 the automobiles had not been moved or made operable. At this
point they were ordered removed or the City would have its contract automobile
hauler take possession.
Mr. Gregg Yoshimoto, Attorney and a second son of the property owner appealed Mr.
Siemers' order to the Community Development Director.
At 10:00 a.m., Thursday, January 21, 1993 the "immunity Development Director
conducted a hearing on the appeal of the orde of James H. Siemers, Code
Enforcement Officer, to abate, by removal, the follfe.ag vehicles from 1305 Burgundy
Court.
1. 1982 Audi, CA Plate 1DWW832
2. 1978 Chrysler, CA Plate 371UV0
3. 1982 Dodge Van, Oregon Plate NXM432
At the conclusion of the hearing the
following findings:
1. The 1982 Audi was in fact operable and
further action be taken;
APPROVED:
Cc ?.12/TXTD.01C
Community Development Director made the
ordered the file closed and that no
THOMAS A. PETERSON
City Manager
1
Yoshimoto Vehicle Abatement. Notice Appeal
April 21, 1993
Page two
2. The 1978 Chrysler was inoperable and unlicensed and ordered that it be removed
from 1305 Burgundy Court or hidden from view within 60 days (i.e. March 22,
1993); and
3. The 1982 Dodge Van was inoperable and ordered that it be removed from 1305
Burgundy Court or hidden from view within 60 days (i.e. March 22, 1993).
Present at the hearing were Kinuye Yoshimoto, Gregg Yoshimoto, Code Enforcement
Officer James Siemers, City Attorney, Bob McNatt and the Community Development
Director.
Since special circumstances existed, the Community Development Director extended the
appeal period from 15 days to 45 days and allowed the 60 day abatement peric+.
As of April 13, 1993 the 1978 Chrysler and 1982 Dodge Van were in the same locations
as they were during the period before the Community Development Director's hearing.
It should be noted that this is the first abandoned automobile appeal to come before
the City Council since the private property program was started over 20 years ago.
FUNDING: None required.
JBS/cg
Attachments
CCCD93.12/TXTD.01C
ChLt406
s Sc roe r
unity Development Director
CITY COUNCIL
PHILLIP A. PENNINO. Mayor
IACK A. SIECLOCK
Mayor Pro Tempore
RAY C. DAVENPORT
STEPHEN J. MANN
JOHN R. Mandy) SNIDER
CITY OF LODI
CITY HALL, 221 WEST PINE STREET
P.O. BOX 3006
LODI. CALIFORNIA 95241-1910
(209) 334-5634
FAX f209) 333379S
January 22, 1993
Mr. Greg Y. Yoshimoto
234 Maple Street, Suite C
Manteca, CA 95336
Dear Mr. Yoshimoto:
THOMAS A PETERSON
City manager
JENNIFER M. PERRIN
City Clerk
B08 McNATT
City Attorney
RE: Hearing on Vehicle Abatement Notices
Violation 1656, 1982 Audi
Violation 1657, 1978 Chrysler
Violation 1658, 1982 Dodge Van
At 10:00 a.m., Thursday, January 21, 1993 the Community Development
Director conducted a hearing on your appeal of the :rder of James H.
Siemers, Code Enforcement Officer, to abate, by removal, the following
vehicles from 1305 Burgundy Court.
1. 1982 Audi, CA Plate 10WW832
2. 1978 Chrysler, CA Plate 371UVO
3. 1982 Dodge Van, Oregon Plate NXM432
At the conclusion of the hearing the Community Development Director made
the following findings:
1. The 1982 Audi was in fact operable and ordered the file closed and
that no further action be taken;
2. The 1978 Chrysler was inoperable and unlicensed and ordered that it be
removed from 1305 Burgundy Court or hidden from view within 60 days
(i.e. March 22, 1993); and
3. The 1982 Dodge Van was inoperable and ordered that it be removed from
1305 Burgundy Court or hidden from view within 60 days (i.e. March 22,
1993).
If you or'the property owner, Kinuye Yoshimoto, wish to appeal any or all
of the above orders to the City Council you may do so in writing within 45
days. Your appeal, if any, should be directed to Jennifer Perrin, City
Clerk, and must be received by her by 5:00 p.m., Monday, March 15, 1993.
Sincerely,
DAMES B. SCHROED
ommunity Development Director
cc: Kinuye Yoshimoto
City Attorney
Code Enforcement Officer
City c Thdi - Community Development Dr 'tment
Code Compliance - Building Inspection L..ision
Substandard Building Abatement - 1988 UHC or 1988 UCADB
COMPLAINT FORM ,
Complaint Date: JA// 4"-2
io.y
9.2 3^G
Situs Address: pi's.aC a AP #
Compiaintant:
Address:
Ph #
cty/st
COMPLAINT DESCRIPTION
1/I av o S Alzitt-affy pay
-
rriLt •1145)).tz i7/luvc'
t . G ud — r04 jV X 1YI11.
Ass' • ned to: Date:
CITY OF L'.,OI
Community Development Department
221 West Pine Street
Lodi, California 95211-1910
Telephone (209) 333-6711
Location of Vehicle y77,zndy
Year r Make
Lic. No 'tVlY321,7r�1't1) V.I.N. vcn1:17•2:121,1:.
Property Owner
Address
Registered Owner
Address
Legal Owner
Address
Other
Addrne
,•v' Y.^f,i,2i9
• Inc ?nr!urrr'V rt:
rrnr^ 1; Vr 1rintn
,nre r 17th
t r+r±i _
Model
3;747
=,,cnra. t';• 47411
Notice of Intention to Abate and
Remove an Abandoned. Wrecked,
Dismantled, or Inoperative Vehicle or
Parts Thereof as a Public Nuisance.
Violation Nn
Body Type
You as property andlor vehicle owner are hereby notified that the undersigned, pursuant to section 10.56. Czt;
Lodi Municipal Code, has determined that there exists upon said land an abandoned, wrecked, dismantled or in-
operative vehicle or parts of a vehicle which constitutes a public nuisance. You as property andlor vehicle owner
are hereby notified to abate said nuisance by the removal of said vehicle or said parts of a vehicle within ten (10)
lays 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 Lodi. The costs thereof, together with administrative costs, may be assessed to the owner of the
land on which said vehicle or said partsof a vehicle are located. The property owner or vehicle owner may, within
ten (10) days after the mailing of this notice of intention, request a public hearing, and if such a request is not
received by this department within such ten (10) day period, the City of Lodi shall have the authority to abate and
remove said vehicle or said parts of a vehicle as a public nuisance and assess the costs as aforesaid without a
public hearing. The property owner may submit a sworn written statement within such ten (10) day period deny-
ing
enying responsibility for the presence of said vehicle or said parts of a vehicle on said land, with any reasons for
denial, and such statement shall be construed as a request for a hearing at which the property owner's presence
is not required. You may as the property or vehicle owner appear in person at any hearing requested by you or, in
lieu thereof, the property owner may present a sworn written statement as aforesaid in time for consideration at
such hearing. If it is determined that the vehicle was placed on the land without the consent of the owner of the
land and that he has not acquiesced in its presence, the costs of administration or removal of the vehicle shall
not be assessed against the property upon which the vehicle is located.
THIS CODE DOES NOT APPLY to a vehicle, or parts thereof, which is completely enclosed within a
building in a lawful manner where it is not visible from the street or othor public or private property, or
which is located behind a solid fence six feet in height.
Ccde Enforcement Officer
Vehicle Removed By
t Hemarks:
•l.i?. S1eners
(Owner ot; Tow S
Date Mailed
DatA �}
Date..? -)I
Bio -'6 2•89
Chapter 10 56
REMOVAL OF VEHICLES
Sections:
10.56.010 Removal from streets
and/or from privately
owned or publicly owned
parking facilides.
10.56.020 Removal from private
Prop
1056.010 Removal from streets and/
or from privately owned or
publicly owned parking
tacriliues.
Any officer of the police department
or regularly employed or salaried
employee who is engaged in enforcing
parlcng laws and regulations of the city
may remove or cause to be removed a
vehicle in accordance with the provisions
of the Vehicle Code and :he following:
A. Any vehicle that has been parked
or left standing upon a street or alley for
seventy-two or more consecutive hours.
B. Any vehicle which is parked or lest
standing upon a street when such paridng
or standing is prohibited by ordinance or
resolution and signs are posted giving
notice of removal.
C. Any vehicle which is parked or left
standing upon a street where the use of
such sestet or any portion thereof is nec-
essary for the cleaning, repair or
construction of the street or for the
installation of underground utilities. or
where the use of the street or any portion
thereof is necessary for the movement of
equipment. tractors or structures of
unusual size. and the parking of such
vehicle would prohibit or interfere with
166
1
such use or movement: provided. that
signs giving notice that such vehicle may
be removed are erected or placed at least
twenty-four hours prior to the removal.
(Vehicle Code § 22650 et seq.) (Ord. 1402
§ 1 (part). 1987)
1036.020 Removal from private
property.
A. Findings and Declarations. In
addition to and in accordance with the
determination made and the authority
granted by the state under Section 22660
of the Vehicle Code to remove aban-
doned, wrecked, dismantled or
inoperative vehicles or parts thereof as
public nuisances, the council makes the
following findings and declarations: The
accumulation and storage of abandoned,
wrecked, dismantled or inoperative vehi-
cles or parts thereof on private or public
property, not including highways, is
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 creat-
ing 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. There.
fore. the presence of an abandoned,
wrecked. dismantled or inoperative vehi-
cle or parts thereof on private or public
property, not including highways, except
as expressly hereinafter permitted, is
declared to constitute a public nuisance
which may be abated as such in accord-
ance with the provisions of this chapter.
B. Definitions. As used in this chap-
ter
167
10.56.010
1. "Public property" does not include
"highway."
1112. "Owner of land" means the owner
of the land on which the vehicle, or parts
thereof, is located. as shown on the last
equalized assessment roll.
C. Exceptions. This chapter shall not
apply to:
1. A vehicle. or parts 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
2. A vehicle. or parts thereof, which is
Iocated behind a solid fence six feet or
more in height or which is not plainly
visible from a highway. or
3. A vehicle. or parts 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. orjunk 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 of
law other than Chapter 10 (commencing
with Section 22650) of Division 11 of the
Vehicle Code and this chapter.
D. Nonexclusive Regulations. This
chapter is not the exclusive regulation of
abandoned, wrecked, dismantled or
inoperative vehicles within the city. It
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.
E. Administration. Except as other -
i Lodi I -SE I
10.56.020
wise provided in this chapter, the provi-
sions of this chapter shall be
administered and enforced by the com-
munity development director. In the
enforcement of this chapter, such officer
and deputies may enter upon private et
public property to examine a vehicle. or
parts thereof. or obtain information as to
the identity ofa vehicle (and to remove or
cause the removal of a vehicle or parts
thereof) declared to be a nuisance pur-
suant to this chapter.
F. Contractor or Franchise Holder —
Entry to Remove Vehicle. When the
council has contracted with or granted a
franchise to any person or persons, such
person or persons shall be authorized to
enter upon private property or public
property to remove or cause the removal
ofa vehicle or parts thereofdeclared to be
a nuisance pursuant to this chapter:
G. Administrative Costs. The council
shall from time to time determine and fix
an amount to be assessed as admin-
istrative costs (excluding the actual cost
of removal of any vehicle or parts
thereof) under this chapter
H. Community Development Direc-
tor — Authority to Cause Abatement
Upon discovering the existence of an
abandoned, wrecked, dismantled "or
inoperative vehicle, or parts thereof. on
private property or public property
within the city, the community develop-
ment director shall have the authority to
cause the abatement and removal thereof
in accordance with the procedure pre-
scribed in this section.
I. Notice of Intention. A ten-day
notice of intention to abate and remove
the vehicle, or parts thereof. as a public
'Lodi I -dpi)
168
nuisance shall be mailed by registered
mail to the owner of the land and to the
owner cf the vehicle, unless the vehicle is
in such condition that identification
numbers are not available to determine
ownership. The notice of intention shall
be in substantially the following form
NOTICE OF INTENTION TO
ABATE AND REMOVE AN ABAN-
DONED, WRECKED, DIS-
MANTLED, OR INOPERATIVE
VEHICLE OR PARTS THEREOF
AS A PUBLIC NUISANCE
(Name and Address of Owner of the
Land)
As owner shown on the last equal-
ized assessment roll of the land located
at (address), you are notified that the
undersigned, pursuant to Ordinance
No. has determined that
there exists upon said land an (or parts
of an) abandoned, wrecked, dis-•
mantled. or inoperative vehicle regis-
tered to
license number which
constitutes a public nuisance pursuant
to the provisions of Ordinance No.
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 and the costs
thereof. together with administrative
costs. assessed to your as owner of the
land on which said vehicle (or said
parts ofa vehicle) is located.
C.
1
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 afterthe mail-
ing ofthisnoticeofintention, requesta
public hearing and, if such a request is
not received by the Community
Development Director within such 10- .
day period, the Community Develop-
ment Director shall have the authority
to abate and remove said vehicle (or
said parts of a vehicle) as a public nui-
sance and assess the coma's as aforesaid
without a public hearing. You may
submit a sworn written statement
within such 10 -day period denying
responsibility for the presence of said
vehicle (or said parts of a vehicle) on
said land. with your reasons for denial,
and such statement shall be construed
as a request for a hearing at which your
presence is not required. You may
appear in person at any hearing
requested by you or the owner of the
vehicle, or in lieu thereof; may present
a sworn written statement as aforesaid
in time for consideration at such hear-
ing.
Notice Mailed s/
(Date) Community
Development
Director
NOTICE OF INTENTION TO
ABATE AND REMOVE AN ABAN-
DONED. WRECKED, DIS-
MANTLED. OR INOPERATIVE
VEHICLE OR PARTS THEREOF
AS A PUBLIC NUISANCE
169
10.56.020
(Name and address of last registered
and/or legal owner of record of vehicle
— Notice should be given to both if
different)
As last registered (and/or legal)
owner of record of (description of
vehicle — make, model, license, etc.),
you are hereby notified that the under-
signed, pursuant to Ordinance No.
bas determined that said
vehicle (or parts of a vehicle) exists as
an abandoned, wrecked, dismantled,
or inoperative vehicle at (described
location on public or private property)
and constitutes a public nuisance pur-
suant to the provisions of Ordinance
No.
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.
As registered (and/or legal) owner of
record of said vehicle (or said parts of a
vehicle), you are hereby notified that
you may, within 10 days .►fter the mail-
ing ofthis notice of intention. request a
public hearing and. if such a request is
not received by the Community
Develoment Director within such 10 -
day period. the Community Develop-
ment Director shall have the authority
to abate and remove said vehicle (or
said parts of a vehicle) without a hear-
ing.
(Leal 148)
10.56.020
Notice Mailed s/
(Date) Community
Development
Director
J. Public Hearing. Upon request by
the owner of the vehicle or owner of the
land. received by the community devel-
opment director within ten days after the
mailing of the notices of intention to
abate and remove, a public hearing shall
be held by the community development
director on the question of abatement
and removal of the vehicle or parts
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
parts thereof against the property on
which it is located
If the owner of the land submits a
sworn written statement denying respon-
sibility for the presence of the vehicle on
his/her land within such ten-day period,
said statement shall be construed as a
request for a hearing, which does not
require the owner's presence. Notice of
the hearing shall be mailed, by registered
mail. at least ten days before the hearing,
to the owner of the land and to the owner
ofthe vehicle, unless the vehicle is in such
condition that identification numbers
are not available to determine
ownership. Ifsuch a request for bearing is
not received within said ten days after
mailing of the notice of intention to abate
and remove, the city shall have the
authority to abate and remove the vehi-
cle or parrs thereof as a public nuisance
without holding a public hearing.
(Lodi I- *i
170
K. Public Hearing by Community
Development Director
1. All hearings under this chapter shall
be held before the community develop-
ment director who shall hear all facts and
testimony he/she deems pertinent. Such
facts and testimony may include testi-
mony on the condition of the vehicle or
parts thereof and the circumstances con-
cerning its location on the private prop-
erty or public property. The community
development director shall not be limited
by the technica.! rules of evidence. The
owner of the land may appear in person
at the hearing 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
reasons for such denial.
2. The community development
director may impose such conditions and
take such other action he/she deems
appropriate under the circumstances to
carry out the purpose of this chapter. The
community development director may
delay the time for removal of the vehicle
or parts thereof if, in his/her opinion, the
circumstances justify it. At the conclu-
sion of the public hearing. the commu-
nity development director may find that
a vehicle or parts thereof has been aban-
doned, wrecked. dismantled or is
inoperative on private or public property
and order the same removed from the
property as a public nuisance and dis-
posed 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 requir-
ing removal shall include a description of
•
•
the vehicle or pans thereof and the cor-
rect identification number and license
number of the vehicle. if available at the
site.
3. 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 the owner has not subse-
quently acquiesced in its presence. the
community development director shall
not assess the costs of administration or
removal of the vehicle against the prop-
erty upon which the vehicle is located or
otherwise attempt to collect such costs
from such owner of the land.
4. If the owner of the land submits a
sworn written statement denying respon-
sibility for the presence of the vehicle on
his/her land but does not appear, or if an
interested party makes a written presen-
tation to the community development
director but does not appear. the owner
or interested party shall be notified in
writing of the decision.
L Appeal to Council.
1. Any interested party may appeal
the decision of the community develop-
ment director by filing a written notice of
appeal with the community develop-
ment director within five days after the
decision.
2. Such appeal shall be heard by the
council which may affirm. amend. or
reverse the order or take other action
deemed appropriate.
3. The city clerk shall give written
notice of the time and place of the hear-
ing to the appellant and those persons
specified in this title.
4. In conducting the hearing, the
171
10.56.020
council shall not be limited by the tech-
nical rules of evidence.
M. Removal of Vehicles. Five days
after adoption of the order declaring the
vehicle or parts thereof to be a public
nuisance. five days from the date ofmail-
ing of notice of the decision ifsuch notice
is required by subsection K of this sec -
lion. or fifteen days after such action of
the governing body authorizing removal
following appeal. the vehicle or parts
thereof may be disposed of by removal to
a scrapyard or automobile dismantler s
yard. After a vehicle has been removed. it
shall not thereafter be reconstructed or
made operable.
N. Notice to Department of Motor
Vehicles. Within five days after the date
of removal of the vehicle or parts thereof,
notice shall be given to the Department
of Motor Vehicles identifying the vehicle
or parts thereof removed. At the same
time, there shall be transmitted to the
Department of Motor Vehicles any evi-
dence of registration available. including
registration certificates. certificates of
title and license plates.
0. Assessment of Costs. lithe admin-
istrative costs and the cost of removal
which are charged against the owner of a
parcel of land pursuant to subsection K
of this section are not paid within thirty
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 trans-
mitted to the tax collector for collection.
The assessment shall have the same pri-
ority as other city taxes.
Itodi 1-831
10.56.020
P. Unlawful to Abandon. Park. Store
or Leave Vehicle. It shall be unlawful for
any person to abandon. park store or
leave or permit the abandonment. park-
ing, storing or Ieaving of any licensed or
unlicensed vehicle or parts thereof which
is in an abandoned. wrecked. dismantled
or inoperative condition upon any pri-
vate property or public property,, not
including highways, within the city for a
period in excess of seven days unless such
vehicle or parts 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, or when such stor-
age or parldng is necessary to the opera-
tion of a lawfully -conducted business or
commercial enterprise.
Q. Unlawful to Refuse to Comply
With Order: It shall be unlawful for any
person to fail or refuse to remove an
abandoned. wrecked, dismantled or
inoperative vehicle. or parts thereof. or
refuse to abate such nuisance when
ordered to do so in accordance with the
abatement provisions of this chapter or
state law where such state law is applica-
ble.
pplicable. (Vehicle Code § 22660) (Ord.1402 §
1 (part), 1987)
(Loot 1 -da)
172/184
DECLARATION OF NAILING
On March 19, 1993 in the City of Lodi, San Joaquin County, California, I
deposited in the United States mail, envelopes with first-class postage
prepaid thereon, containing a copy of the Notice attached hereto, marked
Exhibit "A"; said envelopes were addressed as is more particularly shown
on Exhibit "3" attached hereto.
There is a regular daily communication by mail between the City of Lodi,
California, and the places to which said envelopes were addressed.
I declare under penalty of perjury that ::he foregoing is true and correct.
Executed on March 19, 1993, at Lodi, California.
Jennifer M. Perrin
City Clerk
4.1,At
Peggif colini
Deputy City Clerk
DSC#01/TXTA.FRM
CITY Oi LODI
CARNEGIE FORUM
305 West Pine Street. Lodi
Date:
Time:
.OTICE OF PUBLIC HEARING\
April 21, 1993
7:00 p.m.
/ For information regarding this Public Hearing \
Please Contact:
Jennifer M. Perrin
City Clerk
Telephone: 333.6702
J
Exhibit "A"
NOTICE OF PUBLIC HEARING
April 21, 1993
NOTICE IS HEREBY GIVEN that on Wednesday, at the hour of 7:00 p.m., or as
soon thereafter as the matter may be heard, the City Council will conduct a
public hearing to consider the following matter.
a) Appeal received from Gregg M. Yoshimoto, Attorney, on behalf of
Kinuye Yoshimoto regarding Vehicle Abatement Notices, Violation
Numbers 1657 and 1658 issued by the Community Development
Director on January 21, 1993
Information regarding this item may be obtained in the office of the
Community Development Director at 221 West Pine Street, Lodi, California.
All interested persons are invited to present their views and comments on this
matter. Written statements may be filed with the City Clerk at any time prior
to the hearing scheduled herein, and oral statements may be made at said
hearing.
If you challenge the subject matter in court, you may be limited to raising only
those issues you or someone else raised at the Public Hearing described in
this notice or in written correspondence delivered to the City Clerk, 221 West
Pine Street, at or prior to the Public Hearing.
By Order Of the Lodi City Council:
March 17, 1993
Dated:
Approved as to form: ••f
Bobby W. McNatt
City Attorney
1/
f
YOSHIMOTO PUBLIC HEARING
MAILING LIST
EXHIBIT "B"
Gregg M. Yoshimoto
1305 Burgandy Court
Lodi, California 95242
ICinuye Yoshimoto
1305 Burgandy Court
Lodi, California 95242
Jim Schroeder
Community Development Director
City of Lodi
MEMORANDUM
To: File
From: Jennifer M. Perri
City Clerk
Date: April 30, 1993
Subject: Public Hearing Regarding Appeal from Gregg Yoshimoto
At approximately 10:45 a.m., Community Development Director Jim Schroeder
informed me that Gregg Yoshimoto called earlier this morning and said that he
had not received the attached letter that Mr. Schroeder mailed to him certified
mail.
Mr. Schroeder then informed me that in response to this phone call, he faxed
the letter to Mr. Yoshimoto at approximately 10:30 a.m.
JMP
CITY COUNCIL
PHILLIP A PENNINO. Mayor
JACK A SIEGLOCK
Mayor Pro Tempore
RAY G. DAVENPORT
STEPHEN 3. MANN
JOHN R_ (Randy) SNIDER
April 23, 1993
CITY OF LODI
CITY HALL. 221 WEST PINE STREET
P.O. BOX 3006
LODI. CALIFORNIA 95241-1910
(209) 334-5634
FAX f '09) 333.6795
Mr. Greg M. Yosnimoto
234 Maple Street, Suite C
Manteca, CA 95336
Dear Mr. Yoshimoto:
THOMAS A. PETERSON
City Manager
IENNIFER M. PERRIN
RECEIVED
BOB MCNATT
City Clerk
931111 23 FK 1: 13 city Attorney
JENNIFER 4. FERRIN
CITY CLEF.
CITY PF LODI
Re: Appeal of Community Development Director's Order
Vehicle Abatement Notices
Violation 1657, 1978 Chrysler
Violation 1658, 1982 Dodge Van
1305 Burgundy Court, Lodi, CA
At its meeting of Wednesday, April 21, 1993 the Lodi City Council
conducted a public hearing on your appeal on behalf of Kinuye Yoshimoto
regarding Vehicle Abatement Notices 1657 and 1658 issued to 1305 Burgundy
Court by the Community Development Director to remove the following
abandoned vehicles:
1. 1978 Chrysler, CA plate 371UV0
2. 1982 Dodge Van, Oregon plate NXM432
At the conclusion of the public hearing the City Council made the
following findings:
1. The 1978 Chrysler was inoperable and unlicensed and ordered
that it be removed from 1305 Burgundy Court or hidden from
and
2. The 1982 Dodge Van was inoperable and ordered that it be
removed from 1305 Burgundy Court or hidden from view.
Section 10.56.020 M of the Lodi Municipal Code provides, in part, as
follows:
"M. Removal of Vehicles. ...fifteen days after such action
of the governing body authorizing removal, following appeal,
the vehicle or parts thereof may be disposed of by removal
Mr. Greg M. Yoshimoto
April 23, 1993
Page 2.
to a scrapyard or automobile dismantler's yard. After a
vehicle is removed, it shall not thereafter be reconstructed
or made operable."
If the above identified automobiles have not been removed from 1305
Burgundy Court or hidden from view by 8:00 a.m., Friday, May 7, 1993,
the City's Code Enforcement Officer will order them removed by the
City's contract dismantler.
Sincerely,
ES B. SCHROEi7ER
puty City Clerk
cc: Code Enforcement Officer
City Attorney
Address File