HomeMy WebLinkAboutAgenda Report - September 15, 1993 (52)�(W
CITY OF LODI
of
COUNCIL tOMMUNICATlON
AGENDA TITLE: Amendment of Lodi Municipal Code Section 10.56.020 as it
relates to the removal of abandoned vehicles
MEETING DATE: September 15, 1993
PREPARED BY: City Attorney
RECOMMENDED ACTION: Council consideration and possible introduction of the
attached ordinance.
BACKGROUND: Recently, it was called to our attention that Lodi's Vehicle
Abatement ordinance for abandoned autos (LMC Chapter 10.56)
when it was drafted at some unknown date in the past, did
not include a provision addressing "horseless carriages" or
"historical vehicles". These provisions are mandated by
California Vehicle Code Section 22661(f).
Under State law, once a typical abandoned vehicle is removed pursuant to a local
abatement ordinance, it may not thereafter be reconstructed or made operable. An
exception is made for vehicles which qualify as "horseless carriages" or
"historical vehicles", and the law allows those to be restored to operation even
after abatement. The proposed ordinance is intended to comply with that
provision.
FUNDING: Does not apply.
Respectfully submitted,
Bob McNatt
City Attorney
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APPROVED
THOMAS A PETERSON
City Manager
recycled paper
A3ANVEH/TXTA.01V CC -1
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ORDINANCE NO. 1586
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LODI
REPEALING AND REENACTING LODI MUNICIPAL CODE SECTION 10.56.020(M)
AS IT RELATES TO REMOVAL OF ABANDONED VEHICLES
WHEREAS, California Vehicle Code Section 22661 allows local
agencies to enact ordinances for removal of abandoned vehicles,
providing therefor the specific provisions which such ordinances must
contain; and
WHEREAS, the City of Lodi has, pursuant to this authority,
enacted Lodi Municipal Code Chapter 10.56 for the purpose of dealing
with the removal of such abandoned vehicles; and
WHEREAS, Lodi's ordinance does not contain a mandatory provision
required by California vehicle Code Section 22661(f) addressing
horseless carriages and historic vehicles;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
LODI AS FOLLOWS:
SECTION 1. Existing Lodi Municipal Code Section 10.56.020(M) is
repealed in its entirety and reenacted as follows:
M. Removal of Vehicles. Five daye after adoption of the order
declaring the vehicle or parts thereof to be a public nuisance, five
days from the date of mailing of notice of the decision if such notice
is required by subse^tion K of this section, or fifteen days after such
action of the governing body authorizing removal following appeal, the
vehicle or parts therc,of may be disposed of by removing it to a
-1-
a
scrapyard or a-comobile dismantler's yard. k--er a vehicle has been
removed, it shall not thereafter be reconstructed or made operable,
unless it is a vehicle which qualifies for either horseless carriage
license plates or historic vehicle license plates pursuant to
California Vehicle Code Section 5004, in which case, it may be
reconstructed or made operable.
SECTION 2. All ordinances and parts of ordinances in conflict herewith
are repealed insofar as such conflict may exist.
SECTION 3. This ordinance shall be published one time in the "Lodi
News Sentinel", a daily newspaper of general circulation printed and
published in the City of Lodi and shall be in force and take effect
thirty days from and after its passage and approval.
Approved this day of
PHILLIP A. PENNINO
Mayor
Attest:
JENNIFER M. PERRIN
City Clerk
State of California
County of San Joaquin, ss.
I, Jennifer M. Perrin. City Clerk of the City of Lodi, do hereby
certify that Ordinance No. 1586 was introduced at a regular meeting of
the City Council of the City of Lodi held September 15, 1393 and was
thereafter passed, adopted and ordered to print at a regular meeting of
said Council held 1 1993 by the following vote:
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Ayes: Council Members -
Noes: Council Members -
Absent: Council Members -
Abstain: Council Members -
I further certify that Ordinance No. 1586 was approved and signed by
the Mayor on the date of its passage and the same has been published
pursuant to law.
Approved as to Form
BOBBY W. MCNAW
City Attorney
ORD1586/TXTA.01V
3-
JENNIFER M. PERRIN
City Clerk