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HomeMy WebLinkAboutOrd 1242-1999ORDINANCE NO. 1242-99 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SOUTH SAN FRANCISCO AMENDING CHAPTER 8.48 OF THE MUNICIPAL CODE REGARDING ABATEMENT OF ABANDONED VEHICLES AS PUBLIC NUISANCES WHEREAS, the California Vehicle Code authorizes the City of South San Francisco to adopt regulations .~concerning traffic and parking; and WHEREAS, amendments to the South San Francisco Municipal Code are necessary to make the Municipal Code consistent with the Vehicle Code; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SOUTH SAN FRANCISCO DOES HEREBY ORDAIN AS FOLLOWS: Section 1: Section 8.48.090 of the South San Francisco Municipal Code entitled "Abatement -- Notices" is hereby amended as follows: "8.48.090 Abatement -- Notices (a) A 10-day notice of intention to abate and remove the vehicle, or parts thereof, as a public nuisance shall be mailed by registered mail to the owner of the land and to the owner of the vehicle. (b) A notice of intention is not required when any of the following conditions is satisfied: (1) The vehicle is in such condition that identification numbers are not available to determine ownership. (2) The property owner and owner of the vehicle have signed releases authorizing removal and waiving further interest in the vehicle or part thereof. (3) The removal of a vehicle or a part thereof is inoperable due to the absence of a motor, transmission, or wheels and is incapable of being towed, the vehicle or part thereof is valued at less than two hundred dollars ($200) by a person specified in Vehicle Code Section 22855, and is determined by the City to be a public nuisance presenting an immediate threat to public health or safety, provided that the property owner has signed a release authorizing removal and waiving further interest in the vehicle or part thereof. (c) Prior to final disposition under Vehicle Code Section 22662 of such a low-valued vehicle or part thereof for which evidence of registration was recovered, notice shall be provided to the registered and legal owners of intent to dispose of the vehicle or part thereof. If the vehicle or part thereof is not claimed and removed within 12 days after the notice is mailed, final disposition may proceed. (d) The notices of intention shall be in substantially the following forms: NOTICE OF INTENT 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 land an abandoned, wrecked, dismantled or inoperative vehicle, or parts thereof, registered 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 parts thereof, within 10 days from the date of mailing of this notice, and upon your failure to do so the City of South San Francisco will enter said land to abate and remove the vehicle, or parts thereof, and the costs thereof, together with administrative costs, assessed to you as owner of the land on which said vehicle, or parts thereof, is located. Upon abatement and removal by the City of South San Francisco, the vehicle, or parts thereof, will be treated as follows: [brief description of consequences of abatement, e.g. destroyed, sold, stored]. As owner of the land on which said vehicle, or parts thereof, is located, 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 request is not received by the hearing officer within such 10-day period, the locally designated officer shall have the authority to enter said land and abate and remove said vehicle, or parts thereof, as a public nuisance and assess the costs of 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 parts thereof, 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 hearing. Notice Mailed /s/ Date NOTICE OF INTENTION TO ABATE AND REMOVE AN ABANDONED, WRECKED, DISMANTLED OR INOPERATIVE VEHICLE OR PARTS THEREOF AS A PUBLIC NUISANCE To: Name of last registered owner of record Name of last legal owner of record Address Address As last registered (and/or legal) owner of record of the following described vehicle: Make , Model , License Number , you are hereby notified that the undersigned, pursuant to Section of Ordinance No. , has determined that said vehicle or parts of a vehicle exists as an abandoned, wrecked, dismantled or inoperative vehicle located at i ! I , and that said vehicle or parts of a vehicle located on public or private property 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 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 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 request is not received by the hearing officer within such a 10-day period, the locally designated officer shall have the authority to enter said land and abate and remove said vehicle or parts of a vehicle without a hearing. Upon abatement and removal by the City of South San Francisco, the vehicle, or parts thereof, will be treated as follows: [brief description of consequences of abatement, e.g. destroyed, sold, stored]. Notice Mailed /s/ " Date Section 2: Section 8.48.085 of the South San Francisco Municipal Code is hereby added to read as follows: 8.48.085 Reconstructing or Repairing Removed Vehicles After a vehicle has been removed from public or private property under this chapter, it shall not be reconstructed or made operable, unless it is a vehicle that qualifies for either horseless carriage license plates or historical vehicle license plates, pursuant to Vehicle Code Section 5004, in which case the vehicle may be reconstructed or made operable." Section 3: Severability In the event any section or portion of this ordinance shall be determined invalid or unconstitutional, such section or portion shall be deemed severable and all other sections or portions hereof shall remain in full force and effect. Section 4. Publication and Effective Date This ordinance shall be published once, with the names of those City Councilmembers voting for or against it, in the San Mateo Times, 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 at a regular meeting of the City Council of the City of South San Francisco, held the 28 th dayof April ,1999. Adopted as an Ordinance of the City of South Francisco at a regular meeting of the City Council held the 12 th day of May ,1999 by the following vote: AYES: Councilmembers Joseph A. Fernekes, Eugene R. Nullin, John R. Penna~ Nayor Pro Tem Karyl Hatsumoto~ and Hayor James L. Datzman NOES: None ABSTAIN: None ABSENT: None ATTEST: Clerk As Mayor of the City of South San Francisco, I do hereby approve the foregoing Ordinance this ,1999. J:\WPDL~_TTY~KKI~S SFuNUISANCE.ORD 12th day of ! i II