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HomeMy WebLinkAboutOrd 783-1979 ORDINANCE NO. 783-79 AN ORDINANCE PROVIDING FOR THE ABATEMENT AND REMOVAL AS PUBLIC NUISANCES OF ABANDONED, WRECKED,DISMANTLED ~0R 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 SOUTH SAN FRANCISCO DOES ORDAIN AS FOLLOWS: SECTION 1. 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 inop- erative vehicles or parts thereof as public nuisances, the City Council of the City of South San Francisco 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 deterioration, So 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, safety and general welfare. Therefore, the presence of an abandoned, wrecked, dismantled or inoperative vehicle or parts thereof, on private or public property not including highways, except as expressly hereinafter permitted, is hereby declared to constitute a public nuisance which may be abated as such in accordance with the provisions of this Ordinance. As used in this Ordinance: (a) The term "vehicle" means a device by which any person or -1- .CENTRAL RECORDS 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) The term "public property" does not include "highway." (d) The term "owner of the land" means the owner of the land on which the vehicle,or parts thereof,is located,as shown on the last equalized assessment roll. (e) The term "owner of the vehicle" means the last registered owner and legal owner of record. (f) The term "locally designated officer" shall mean the Chief of Police or officer designated by the Chief of Police. (g) The term "hearing officer" shall mean the City Manager or person or persons designated by the City Manager. SECTION 2. This Ordinance shall not apply to: (a) 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 (b) This Ordinance shall not apply to a vehicle or parts thereof which is located behind a solid fence 6 feet in height or which is not plainly visible from a highway. (c) This Ordinance shall not apply to vehicles the value of which exceeds $100.00 as that value is determined by the locally desig- nated officer. Determination of value may be rebutted at the hearing on removal and assessment of costs. C~NTRAL RE~ORD~ (d) 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, 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 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 Ordinance.) SECTION 3. This Ordinance is not the exclusive regulation of abandoned, Wrecked, dismantled or inoperative vehicles within the City of South San Francisco. It shall supplement and be in addition to the other regulatory codes, statutes, and ordinances heretofore or hereafter enacted by said City, the State, or any other legal entity or agency having jurisdiction. SECTION 4. Except as otherwise provided herein, the provisions of this Ordinance shall be administered and enforced by locally designated officer. In the enforcement of this Ordinance such officer 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 vehicle or parts thereof declared to be a nuisance pursuant to this Ordinance. SECTION 5. When the City 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 -3- CENTRAL RECORD~I .o.: or cause the removal of a vehicle or parts thereof declared to be a nuisance pursuant to this Ordinance. SECTION 6. 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 parts thereof under this Ordi- nance. SECTION ?. Upon discovering the existence of an abandoned, wrecked, dismantled, or inoperative vehicle, or parts thereof, on private property or public property within the City of South San Francisco,. the locally designated officer shall have the authority to cause the abatement and removal thereof in accordance with the procedure prescribed herein. SECTION 8. A 10-day notice of intention to abate and remove the vehicle, or parts thereof, as a public nuisance shall be mailed by regis- tered 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 avail- able to determine ownership. The notices of intention shall be in substan- tially the following forms: "NOTICE OF INTENTION TO ABATE AND REMOVE AN ABANDONED, WRECKED, DISMANTLED, OR INOPERATIVE VEHICLE OR PARTS THEREOF AS A PUBLIC NUISANCE To: Name of Owner Address As oWner shown on the last equalized assessment roll of the land located at you are hereby notified that the undersigned pursuant to Section of Ordinance No. has determined that there exists upon said CENTRAL RECORDS --4-- .o.= land an abandoned, wrecked, dismantled or inoperative vehicle, or parts of a vehicle, registered to , license number , which constitutes a public nuisance pursuant to the provi- sions 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 of South San Francisco, 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 notifed 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.hearing officer within such 10-day period, the locally designated officer 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. 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 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 hearing. Notice Mailed /s/ date locally designated officer" -5- CE'NTRAL RE. CORD To: "NOTICE OF INTENTION TO ABATE AND REMOVE AN ABANDONED, WRECKED, DISMANTLED OR INOPERATIVE VEHICLE OR PARTS THEREOF AS A PUBLIC NUISANCE Name of last registered Owner of record Name of last legal owner'of record described vehicle: Make License Number pursuant to Section address address As last registered(and/or legal) owner of record of the following , Model , , you are hereby notified that the undersigned of Ordinance No. , has determined that said vehicle or parts of a vehicle exists as an aban- doned, wrecked, dismantled or inoperative vehicle at description vehicle without a hearing. Notice Mailed (date) /s/ -6- (locally designated officer)" CENTRAL RECORDS loc~Lio~ on public oz' p~'iv~Le , and 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 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 after the mailing of this notice of intention, request a public hearing and if such a request is not received by the hearing officer within such 10-day period, the locally designated officer shall have the authority to abate and remove said vehicle or said parts of a SECTION 9. Upon request by the owner of the vehicle or owner of the land received by the locally designated officer within 10 days after the mailing of the notices of intention to abate and remove, a public hearing shall be held by the hearing officer 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. 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 avail- able 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 of South San Francisco shall have the authority to abate and remove the vehicle or parts thereof as a public nuisance with- out holding a public hearing. SECTION 10. Ail hearings under this Ordinance shall be held before the hearing officer whO:shall hear all facts and testimony he deems pertinent. Said facts and testimony may include testimony on the condi- tion of the vehicle or parts thereof and the circumstances concerning its location on the said private property or public property. The hearipg officer shall not be limited by the technical rules of evidence. The -7- CENTRAL RECORDS 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 his reasons for such denial. The hearing officer may impose such conditions and take such other action as he deems appropriate under the circumstances to carry out the purpose of this ordinance. He may delay the time for removal of the vehicle or parts thereof if, in his opinion, the circum- stances justify it. At the conclusion of the public hearing, the hearing officer 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 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 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 hearing officer shall not assess the costs of administration or removal of the vehicle against the property upon which the vehicle is located or other- wise attempt to collect such 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 -8- CENTRAL RECORDS presentation to the hearing officer but does not appear, he shall be notified in writing of the decision. SECTION 11. Any interested party may appeal the decision of the hearing officer by filing a written notice of appeal with the said hearing officer within five days after his decision. Such appeal shall be heard by the City Council who may affirm, amend or reverse the order or take other action deemed appro- priate. The hearing-officer shall given 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 12. Five days 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 section 10, or 15 days after such action of the governing body author- izing removal following appeal, the vehicle or parts thereof may be disposed of by removal to a scrapyard or automobile dismantler's yard. If the local agency determines that commercial channels of disposition are not available or are inadequate, it may dispose of the vehicles by removal to any suitable site operated by it. The local agency may make final disposition of such vehicles or parts thereof or may transfer such vehicles or parts to another provided such disposal is only for scrap. After a vehicle has been~removed it shall not thereafter be reconstructed -9- CENTRAL. RECORD~ or made operable. SECTION 13. Within five days after the date of removal of the vehicle or parts thereof, notice shall be given to the Department of Motor Vehicles identi- fying the vehicle or parts, thereof removed. At the same time there shall be trans- mitted to the Department of Motor Vehicles any evidence of registration available, including registration certificates, certificates of title and license plates. SECTION 14. 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 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 15. It shall be unlawful and an infraction for any person to abandon, park, store, or leave or permit the abandonment, parking, storing or leaving of any licensed or unlicensed vehicle or parts thereof which is in an abandoned, wreck- ed, dismantled or inoperative condition upon any private property or public property not including highways within the City for a period in excess of ten days unless such vehicle or parts thereof i.s 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. SECTION 16. It shall be-unlawful and an infraction for any person to fail -10- CENTRAL RECORDS .o.; 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 Ordinance or state law where such state law is applicable. SECTION 17. PENALTY FOR VIOLATION Any person violating any of the provisions or failing to Comply with any of the mandatory provisions of this Ordinance shall be guilty of an infraction and shall be punishable by (1) a fine not exceeding Fifty dollars ($50) for a first violation; (2) a fine not exceeding One hundred dollars ($100) for a seCOnd violation within one (1) year; and (3) a fine not exceeding Two hundred fifty dollars ($250) f°r each addi~tional violation within one (1) year. Each such person shall be guilty of a Separate offense for each and every day during any PQrtion of which said violation is committed. SECTION 18. PUBLICATION AND EFFECTIVE DATE. This Ordinance shall be publiShed once in the Enterprise-Journal, a newspaper of general circulation in the City of South San Francisco, as required by law, and shall become effective thirty (30) days from and after its adoption. Introduced this 7th day of February ,1979. Passed and adOpted as an Ordinance of the City of SOuth San Francisco at a regular meeting of the City Council of the City of South San Francisco this 21~t day of February , 1979, bY the following 11. vote: AYES: NOES: ABSENT: Councilmen Ronald G. Acosta, William A. Borba, Emanuele N. Damonte, Terry J. Mirri; Councilwoman. Roberta Cerri Te§lia None None ATTEST:/~~~_-~,_~=- ~) v /~/ City ~1 erk ~/ As Mayor~of the City of South San Francisco,. I do hereby approve the foregoing Ordinance this21st day of February ,1979. 12. CENTRAL RECORDS