HomeMy WebLinkAbout1994/06/13 Board of Appeals & Advisors Agenda Packet (4)
Item 114C
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Chapter 10.80 lJÞ "'13...q4
ABANDONED VEHICLES
Sections:
10.80.010 Purpose and Intent of Provisions· Vehicle Declared Nuisance
When.
10.80.020 Definitions.
10.80.030 Exemptions from Applicability· Scope.
10.80.040 Regulations not Exclusive.
10.80.050 Enforcement Authority - Right of Entry for Examination.
10.80.060 Abatement· Costs· Procedure Generally· Notices Required·
Form.
10.80.070 Abatement· Public Hearing Required When· Notice· Zanlng
Enfereement Offieer Board of Appeals and Advisors Authority.
10.ØO.Oøo Appeal af Decision Public Hearing Nellce City CeuRcil
Autherity.
10.80.090 Disposal of Vehicle· Time Requirements.
10.80.100 Notification and Transfer of Evidence Required When.
10.80.110 Costs - Assessment and Collection Procedures.
10.80.120 Removal of Vehicles from Streets Authorized When.
10.80.010 Purpose and Intent of Provisions - Vehicle Declared Nuisance When.
The purpose and intent of the Council in adopting Sections 10,80,010 through
10.80,110 10,80,120 is to establish procedures in accordance with the provisions of
Section 22660 of the California Vehicle Code for the abatement, removal and dismantling
as public nuisances of abandoned, wrecked, dismantled or inoperative vehicles or parts
thereof from private property or public property, not including highways, and the
recovery of the cost of administration and removal thereof pursuant to the provisions of
Section 38773.5 of the Government Code of the State of California, 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 of the State of California to remove
abandoned, wrecked, dismantled or inoperative vehicles or parts thereof as public
nuisances, the City 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
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, safety and general welfare, Therefore, the presence of an abandoned,
wrecked, dismantled or inoperative vehicle or parts thereof, on private property
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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 accordance with the provisions of Sections 10.80.010 through 10,80,110
10,80,120.
(Ord, 1338 §1 (part), 1971; prior code §19,2301),
10.80.020 Definitions.
As used in Sections 10,80.010 through 10,80,110 10,80.120, the following terms
and phrases shall be interpreted and construed as set forth herein:
A, "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. The term "public property" does not include "highway".
ß, "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.
C, "Owner of the vehicle" means the last registered owner, and legal owner of record,
D, "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,
(Ord, 1338 §1 (part), 1971; prior code §19,2302).
10.80.030 Exemptions from Applicability - Scope.
The provisions of Sections 10.80.010 through 10,80,11 010.80.120 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, 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 the provisions of law other than Chapter 10
(commencing with Section 22650) of Division II of the Vehicle Code of the State
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of California, and Sections 10.80,010 through 19.80.110 10,80,120,
(Ord, 1338 §1 (part), 1971; prior code §19,2303),
10.80.040 Regulations not Exclusive.
The provisions of Sections 10,80,010 through 10,80,119 10,80,120 are not the
exclusive regulation of abandoned, wrecked, dismantled orinoperative vehicles within
the City, They 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,
(Ord, 1338 §1 (part), 1971; prior code §19,2304),
10.80.050 Enforcement Authority - Right of Entry for Examination.
Except as otherwise provided herein, the provisions of Sections 10,80.010 through
10,80,110 10,80,120 shall be administered and enforced by the Zeninfi ~
Enforcement Officer. In the enforcement of the sections cited above, 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 the sections
cited above, in accord with right-of-entry provisions set forth in Section 10,16,010 of this
code.
(Ord, 1338 §1 (part), 1971; prior code §19,2305),
10.80.060 Abatement - Costs - Procedure Generally - Notices Required - Form.
A. 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 or
public property, in accord with right-of-entry provisions set forth in Section
1,16,010 of this code, to remove or cause the removal of a vehicle or parts thereof
declared to be a nuisance pursuant to Sections 10,80,010 through 10.89.110
10,80,120,
B, 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 the sections cited above,
C. 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 Zonin§ ~ Enforcement Officer shall have the authority to cause
the abatement and removal thereof in accordance with the procedures prescribed
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herein.
D. A ten (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, unless the vehicle is in such condition
that identification numbers are not available to determine ownership. The notices
of intention shall be in substantially 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 and address of owner of the land)
As owner shown on the last equalized assessment roll of the land
located at (address of property), you are hereby notified that the
undersigned, pursuant to Article 23 of Chapter 19 of the Chula Vista
G+t)' Municipal Code has determined that there exists upon said land
an (or parts of an) abandoned, wrecked, dismantled or inoperative
vehicle, registered to (name of owner of vehicle), license number
, which constitutes a public nuisance pursuant to the
provisions of Article 23 of Chapter 19 of the G+t)' Municipal Code,
You are hereby notified to abate said nuisance by the removal of
said vehicle (or said parts of a vehicle) within ten (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 you as owner of the
land on which said vehicle (or said parts of a vehicle) is located,
As the owner of the land on which said vehicle (or said parts of a
vehicle) is located, you are hereby notified that you 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 the G+t)'
Counoil Board of Appeals and Advisors within such ten (10) day
period, the ZSl1il1€J El1foroomont Offioer Board of Appeals and
Advisors shall have the authority to order the abate abatement and
rOFFlo\'o removal of said vehicle (or said parts of a vehicle) as a
public nuisance and assess the costs as aforesaid without a public
hoaring, You may submit a sworn written statement within such ten
(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
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or, in lieu thereof, may present a sworn written statement as
aforesaid in time for consideration at such hearing,
Notice Mailed: "
"NOTICE OF INTENTION TO ABATE AND REMOVE
AN ABANDONED, WRECKED, DISMANTLED, OR INOPERATIVE
VEHICLE, OR PARTS THEREOF, AS A PUBLIC NUISANCE TO:
(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
undersigned, pursuant to Section 10,80.010, has determined that
said vehicle (or parts of a vehicle) exists as an abandoned, wrecked,
dismantled or inoperative vehicle at (describe location on public or
private property) and constitutes a public nuisance pursuant to the
provisions of said Code section,
You are hereby notified to abate said nuisance by the removal of
said vehicle (or said parts of a vehicle) within ten (10) days from the
date of the 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 ten
(10) days after the mailing of this notice of intention, request a
public hearing and if such a request is not received by the Zen ill!!
Enforoemont Offioor Board of Appeals and Advisors within such ten
(10) day period, the Zoning Enf.oreoFRent Offioor Board of Appeals
and Advisors shall have the authority to order the aGate abatement
and romo\'e removal of said vehicle (or said parts of a vehicle)
without a hearing.
Notice Mailed: "
(Ord, 1338 §1 (part), 1971; prior code §19,2306),
10.80.070 Abatement - Public Hearing Required When - Notice - Zoning ~
Enforcement Officer Authority.
A, Upon request by the owner of the vehicle or the owner of the land received by the
Zoning Enfero9FRent Offieer Board of Appeals and Advisors within ten (10) days
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after the mailing of the notice of intention to abate and remove, a public hearing
shall be held by the Zenin€j enfaroement Offieer Board of Appeals and Advisors
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.
ß, If the owner of the land submits a sworn written statement denying responsibility
for the presence of the vehicle on his land within such ten (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
ten (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
available to determine ownership. If such a request for hearing is not received
within said ten (10) days after mailing of the notice of intention to abate and
remove, the City shall have the authority to abate and remove the vehicle or parts
thereof as a public nuisance without holding a public hearing,
C. 1\11 hearings undor Sootions 10,80,010 through 10.80,110 shall be hola initially
boforo tho Zonin!j Enforsomont Offioor, who shall hoar all faots and tostimony ho
dooms portinont. Saia faots and tostimony may inel¡,¡de testimony en the
conditien ef the vehiole or parts thereef and the siroumstanoos oonoerning its
looation on said private 3ro 3erty er 3ublio proporty, TAe Zonin!êl Enforeement
Offioor shall net bo limitoa by tho toohnioal rulos ef evidonsG, The ev:ner of tho
land may appear in porson at tho hoaring or ¡gro£;ent a G'Norn writton statomont
in timo for oonsideration at tho hoaring, and dony re£;ponsibilit)' for the ¡gresoneo
of tho vohiolo on tho land, with hiE) roason£; for sueh Gonia!.
D, The Zoning Enforoomont Offioer Board of Appeals and Advisors may impose such
conditions and take such other action as ho dooms deemed appropriate under
the circumstances to carry out the purpose of Sections 10,80,010 through
10,80,110 10.80.120, FIe The Board of Appeals and Advisors may delay the time
for removal of the vehicle or parts thereof if, in his opinion, the circumstances
justify it. At the conclusion of the public hearing, the Zenin€j Énfersoment Offieer
Board of Appeals and Advisors may find that a vehicle or parts thereof has been
abandoned, wrecked, dismantled, or is inoperative on private or public property
an 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 to 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 Zenin!j Enfersemont Offioer Board of Appeals and
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Advisors shall not assess the costs of administration or removal of the vehicle
against the property upon which the vehicle is located or otherwise 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 present of the vehicle on
his land but does not appear, or if an interested party makes a written
presentation to the Zel'1il'1g El'1fersomel'1t Officer Board of Appeals and Advisors
but does not appear, he shall be notified in writing of the decision. The decision
of the Board of Appeals and Advisors shall be final.
(Ord, 1338 §1 (part), 1971; prior code §19,2307(A)),
10.110.0110 Appeal of Decision Public Hearing Notice Cit}' Council Authority
,^..ny intoraÐtaå party may appoal tho docisian af tho Zel'1ing El'1forsomont Offiser BY filing
a writton notioe of appeal with the CiÞ¡, Cm.moil within fi'/e (6) days after his eleoisien,
Such 3pp031 sh3111;¡e heard by tho City Council which may affirm, amend or rO'/erso tho
ordor or tako othor action doomod appropriate, Tho City Clorl< shall gi'lo '....ritton Ratioo
of tho time and placo ef tho hoaring of tho appollal'1t and these persons spooifiod al3eve,
In conduc{ing tho hoaring, tho City Council Ghall not be limited l3y tho toehnioal rules of
ovidonco,
(Ord, 1338 §1 (part). 1971; 3rior oode §1 9.2307(B)(1 )),
1 0.80.090 Disposal of Vehicle - Time Requirements.
Five (5) days 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 notice of the decision if
such notice is required by Sections 10,80,010 through 19.89.119 10.80,120, or fifteen
(15) 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 scrap yard or
automobile dismantler's yard, After a vehicle has been removed it shall not thereafter
be reconstructed or made operable,
(Ord, 1338 §1 (part), 1971; prior code §19.2307(B)(2)),
10.80.100 Notification and Transfer of Evidence Required When.
Within five (5) 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 evidence of registration available, including registration certificates,
certificates of title and license plates.
(Ord, 1338 §1 (part), 1971; prior code §19,2307(B)(3)),
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Item 114C
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10.80.110 Costs - Assessment and Collection Procedures.
If the administrative costs and the cost of removal which are charged against the
owner of a parcel of land pursuant to Section 38771 et seq. of the Government Code
and Chapter 1.30 of this code 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
transmitted to the tax collector for collection, Said assessment shall have the same
priority as other City taxes.
(Ord, 1676 §1, 1976; Ord. 1338 §1 (part), 1971; prior code §19.2307(B)(4»,
10.80.120 Removal of Vehicles from Streets Authorized When.
Any regularly employed and salaried officer of the Police Department may remove
or cause to be removed:
A. Any vehicle which is parked or left standing upon a street or highway for seventy-
two (72) or more consecutive hours.
B, Any vehicle which is parked on a highway in violation of any provision of this title,
the Vehicle Code or other law or ordinance forbidding standing or parking, when
the use of such highway or a portion thereof is necessary for the cleaning, repair
or construction of the highway or for the installation of underground utilities, and
signs giving notice that such vehicle may be removed are erected and placed at
least twenty-four (24) hours prior to the removal of such vehicle.
C, Any vehicle parked upon a highway which has been authorized by the Council
or other competent authority for a purpose other than the normal flow of traffic,
or for the movement of equipment, articles or structures of unusual size, and the
parking of said vehicle would prohibit or interfere with such use of movement,
providing that signs giving notice that such vehicle may be removed are erected
or placed at least twenty-four (24) hours prior to the removal of such vehicle.
D, Any vehicle parked or left standing, when the City Council by resolution or
ordinance has prohibited such parking and has authorized the removal by
ordinance, No vehicle may be removed unless signs are posted giving notice of
the removal.
(Ord, 973 §1 (part), 1966; prior code §19,3,5),
8
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Item 114C
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§ 22659.5 VEHICLE CODE
VEHICLE CODE
(1) The vehicle is soolen, unless the identity of the legal and regjstered owners or the vehicle cannot
reasonably be ascertained. § 22661. Contents of ordinance
(2) The vehicle is owned by another, or there is a community property interest in the vehicle owned by Any ordinance establishing proced
a person other than the defendant and the vehicle is the only one available to the defendant's immediate
rsmily that may be operated on the higbway with a class 3 or class 4 driver's license, following provisions:
(e) This section shall remain in effect only until January I, 1999, and aa or that date is repealed, wùe.. (a) The requirement that notice b£
a later enacted statute, which is enacted before January I, 1999, deletes or extends that date, the date of removal, identifying the
(Added by State,1999, Co 485 (AB.1332), § 2.) mcluding. but not limited to, the reg
Repeal (b) Making the ordinance inapplica
a building in a lawful manner where it
This section is repealed operative Jan.. 1, 1999, by its own term& (2! a vehicle or part thereof that is at<
Historical ami Statutory Nota WIth the business of a licensed disma
not, however, authorize the maintenan
1993 Le¡Wa1ioD des were subject to the same procedures, eurrently appli- other than this chapter.
Section 1 of Stat8.1993, Co 486 (AB.lS32), provides: cable to buildings and plaœ8, the commi.ssion of prostiw.. (c) The requirement that not less t!
tiOD in vehicles would be vastly curtailed. The Legis1&-
"The Legiolature h....by finds and declareo that under ture, therefore, intends to enact a five-year pilot program. P,art thereof aa a 'public nuisance be if
the Red Light Abatement Law every building or place in order to ascertain whether declaring motor vehicles a Signed :eleases authorizing removal ar
used for, among other unlawful purposes, p1'Qstitution, is a public nuisance when used in the commission of acts of the notice of intention is not required ;
nuisance which shaI1 be enjoined, abated, and prevented, prostitution would have a substantial effect upon the absence of a motor, transmission or
and for which damages may be recovered.. It is recog~ reduction of prostitution in neighborhoods, thereby serv~ hundred doUara ($200) by a perso~ sl"
nized that in many instancel vehicles are used in the ing the local bU8iness owners and citizens of our urban
COIIlDlÍ88Íon of acta of prostitution and that. if these vehi- communities." a public nUlBance presenting an imme
owner has signed a release authoriz
§ 22660. Local ordinanca th~reof. Prior to finaI disposition un
eVIdence of registration was recovered
Notwithstanding any other provision of law, a city, county, or city and county may adopt an ordinance the regjstered and legal owners of inte
establishing procedures for the abatement and removal, as public nuisances, of abandoned, wrecked, claimed and removed within 12 days aJ
dismantled. or inoperative vehicles or parts thereof from private or public property, . . . and for. the final disposition may proceed. No loca
recovery. pursuant to Section 25841> or 38773.5 of the Government Code. or assumption by the local a vehicle or part thereof by removal p
authority, of coate of admiJriatration and the removal. ~ subdivision applies only to ir
(Amended by Stats.l988, c. 126. § 1.) agncultural use or (2) not improved w
Hiøtorical and Statutory Notes (d) The 1().day notice of intention to
section, shall contain a statement of th.
1988 Legislation is located and of the owner of the vehie
The 1988 amendment deleted; following "private or he or she may appear in person at
public property", "not inc1udirlg highws}'8;" and made a respon:ubility for the presence of the ve
non-substantive wording change. appeanng. The notice of intention to a
of the land aa shown on the laat equaIt
Notes of Decisions record unless the vehicle is in such cor
Public nuisance per Ie 3 City may declare abandoned, wrecked, dismantled, or ownership.
inoperative vehicles or vehicle parts on private property (e) The requirement that a public hea
public nuisance and may declare certain wes nuisance per and county, or any other board, com
se, without requiring proof beyond fact of actual existence
3. Public nuiøance per Ie of nuisance. City of Costa Mesa v. Soffer CAppo 4 Dist. deSIgnated by the governing body, upo.
City ordinance declaring that storage of wrecked, inoP"' 1992) 13 Cal.Rptr.2d 735,. 11 Cal.App.4th 378, review owner of the land on which the vehicle
erable, or dismantled automobiles was public nuisance 'per demed. ' bod!. agency, or officer within 10 days
se was not preempted by state law, though provisions of City ordinance declaring abandoned, wrecked, disman- vehicle ?r a~ the time of signing a releæ
state law were comprehensive and detailed, where state tied, or inoperative vehicles on private property public 1 the vehicle 18 located submits a sworn .
specifically authorized ordinance. City of Coata Mesa v. nuisance was not unconstitutionally vague or overbroad, vehi~e on his or her land within that
Soffer (App. 4 Ðisl1992} 13 Cal,Rptt'.2d 736, 11 Cal.App. though ordinance failed to provide definition for aban- heanng ~at d?~ not require the preseI
4th 378, review denied. doned, wrecked. or dismantled, where each vehicle de-
Provision of state vehicle code authorizing city to adopt clared nuisance fell within statutory definition of inoper&- not receIVed WIthin that period, the appl
ordinance establishing procedures for abatement and re- tive, and other tenns within ordinance had reasonably i remove the vehicle.
moval, as public nuiaance8, of abandoned, wrecked, di&- certain meanings. City of Costa Mesa v. Soffer (App. 4 (fJ The requirement that after a ve}
mantled, or inoperative vehicles, authorized cities to de- Dist.I992) 13 Cal.Rptr 2d 735, 11 CaLApp.4th 378, review
clare by ordinance that inoperative vehicles were pubUc denied. . ope:abl~, unless it is a vehicle that qu
nuisances; interpretation of statute as allowing cities to City ordinance, providing for abatement and removal of vehicle license plates, pursuant to Sectio
treat inoperative vehicles like they were public nuisances, vehicles declared public nuisance, did not violate owner's operable.
but not to dedare them public nuisances., was inconsistent right to be free from unreasonable searches and seizures, (g) . . . A provision authorizing the
with statutory scheme for abatement that applied only to where police and other city officials who entered owner's
public nuisances. City of Costa Mesa v. Soffer (App. 4 property for inspection had court authorization. City of ~n at the hearing or present a sworn
)jg11992) 13 Ca1.Rptr.2d 736. 11 Ca1.App.4th 378, review Coso. Mesa v, Soffer (App, 4 )jg11992) 13 CaI,Rptr,2d vehicle on the land, with hia or her reas
denied. 735, 11 Cal.App.4th 378, revíew demoo. vehicle was placed on the land withou
Additions or chang.. Indicated by underline; deleUonl by alterllkl · · . subsequently acquiesced ~ itB presence,
34 Additions or chang.. Indlc
....~ ,-.-. j
.'-'-'---~
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Item 114C
Page 10 of 11
--. -- - ~._. .-'- --,...._-~-- .-._------,-_..._---~...,-~.- .....-.---.--
GOVERNMENT CODE GOVERNMENT CODE § 38773.1
g profeaioRal prMIeceo; rerie.. I 81&66. OØIcen ad _pl_ _Intment; mmpenutIon; pow.... ad datleo; tenure
uuI reguJations, or by1awø, providing for appellaœ ~ The \egis1atlve body may appoint and fix the compensation of physicians, lurgeons, and nec:eIIII1'Y
. medicalslatt effecting the professional prlvJJeges ..... and employæo of the hospital. 0!I!t:en and employæo hold otftee at the plesaure of the
the medical llatt. The sppeIlate review may be \egis1ative body.
3ted by the board, The board'l dec:iBion rendered The I tive bod the dutiel and of the boo ' administrator
an 0 era cersan em 0 eeso e 00 I e cera an em 0 0 ces at
!8, 1992.) e p easure 0 eJrls tive y,
luuance (Amended by 8tats.l992, e. 72 (A.B.I525), I 83, eft. May 28. 1992.)
¡ppointed, shall have the same power with respect CHAPTER 10
'ß .. that granted to any agency or hearing officer
duces tecum Issued punuant to thJs leCtion ohall HEALTH AND SAFETY
, obligations upon witnesses .. that provided in
ARTICLE 2
28, t992,) POLICE PROTECTION
I 8863L 0ØIcen; _iDtment
.e hearing punuant to thJs article, and hearing on The letlative body of s city may de1e¡¡ate to either the chief of poliœ of the city . . . or the city
U'8Ilce committees, be held in private or executive
mber ..hooe slatt privileges are the direet subject manuer e authority to:
.tions of the governing body in connection with (a) Appoint one or more police offiœrø . . ..
: tive session. (b) Appoint additions! police officers . . . when . . . he or Bhe deems It nOœssary for the
28, 1992.) preservation of the public order.
(Amended by Stats.l99I, e. 623 (S,B.671), I 1.)
; 8
IT LEGlSLA T1VE BODY ARTICLE 6 .
dÏf NUISANCES
660_ .Jeetings; corporate øea1; power to lue Section Section
and be IUed; eminent domain. 88773,1. Nuisance obatement lien; ordinance¡ 88773,7, Seeond or lubøequent civû or eíimina1
procedures; fees, ~gment; obatement of nuisance; b'e-
damages. .
; .~ "
ed by a city legislative body and orgarùzed under La.. Review Commentllriel
.... granted to hospitals manøged by a board of .
'cIng with Section 37600) of Chapter 6 of Part 2 11m... of øeIectsd 19oo C_ lo paIItion. 12 !'Ie.
s the intent of the Legjalature in enøeting thJs L.J. 678 (1991~ .,
;¡øtees under Article 7 (commencing with Section
:.he Government Code, including, but not limited I 18711. DeeIaration
tinn 37604,1, and (2) the power to meet in closed Notea of Dec:iaicmø
,d to a city \egis1ative body,
3, 1992.) 1.__1 . mDaDœI; mc-.,.. ~.. ~ Itatute u aUøwiÞg d.tieI to
. ProvIsIon of atate _ole code authormn¡ city tÐ odopt _I iDopenäve _like ~public n_
hilt. oot to declare them pubtic 0 wu iDeonaiatent
nd be wed; eminent domain _co eatabliobiDg procedures fco Ibotemenl and Ie- _ atatutory øchsme fco abotemenl that .....Iied cmJy tÐ
movaI, os pubHc n_ ~ Ihandoned, .......ud, clio- public noiosn..., City of Coota 14... v, Sofrer (App, 4
'''pits! pursuant to thJs article ohall meet.. the ....tJed, or In~ vebfcleo, authorized cities tÐ de- DilU992) 18 CoI.Rptz.2d 736, 11 CoI.App.4tb 878, ........
clare by ordinance that inoperaUve vehicJeI were publl.e denied.
ne and place it fixes by resolution.
hospits! pursuant to thJs article ohall have and I 18773. SummaIy abatement; apen&e; lien
powenI descrihecJ in thJs article and Article 7 'lbe legisJat ve body may provide for the 8ummary abatement of any nuisance at the expense of the
of Diviaion 3 of Title 4 of the Government Code: persons creating, causing. committing, or maintaining it and hy ordinance may make the ~ of
B pleasure. abatement of nuisances a lien against the pro~ on which it iB maintained and a personal 0 tion
against the property owner, in accordance wi Section 88773,1 or 88773.!i. . '
uuI in all actions and proceedin¡ø whatever, (Amended by Ststa.I990, e. 96ó (A.B.3100), I 1.)
rpoees of acquiring real or personal property of t 18773.L Nttiaance ....t_--t lien; ordÎII8I1œ; proeedureo; foeo
1"8 of the municipal hospital . (a) TIìe IegiBlatfve body may by ordfnanee Mtsl>1iah a proeedure to œllect ~t ~d related
I, 1992.) administrative costs by a nuisance obatement lien. ThIs ordfnanœ ohall _ notice prior to the
11M; 8IeU..... III' _... . . . Addltlone or eIIMg. Indloeted III' underline; d_ III' _ . . .
69
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Item 114C
Page 11 of 11
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§ 38773.1 GOVERNMBN'I' CODa GOVERNMENT CODB
recordaüon of !be Ilea to the ......... of reconI of !be pareeI of land or ",hieh !be n_ II maintabIed¡ t 38'1'73.7. Second or oubIequent
based on the last equalized aøseesment roll or the .upplemental roll, whichever is. more current. ~
(b) The notice øhaII be øerved iD !be øame IIWIDOI' .. øummODl iD a civil action iD aeeordanœ wtIh The legislative body, by ordinance,
Article 3 (commencing with Sec:t.ion 4t5,10) of Chapter 4 of Title 5 of Part 2 of !be Code of Civil. crimina1 judgment within a two-year
Procedure, If the owner of ....ord, after diligent øearch cannot be fow¡d, !be notice may be øerved by condiüon thet may be abated iD accord
po.ting a copy thereof iD a conspicuoua place upon the property for a period of 10 dayo and publication for conditions abated purøuant to Sect
thereof iD a newspaper of general ein:ulation pubUøhed iD the coun", iD which the property is loeated owner to pay treble the co.t.ø of !be ,
purøuant to Section 6062. (Added by Stat.ø,I989, c:. 114, t 2.)
(c) A nuisance abatement lien øhaII be recorded In the county recorder'. omce In the coun'" In whfch
the parcel of land is located and from the date of recording .ha11 have the force, effed, and priori'" of a
judgment lien.
(1) A nuisance abatement lien authorized by tIúa øection .ha11 .pedfy the amount of the lien, the name
of the agency on whose behalf the lien is impoøed, the date of the abatement order, the .treet addreøa, t 38796. eo,,_ for ambol......
legal deøcription and .......r'. paroel number of the paroel on which the lien is impoøed. and the name
and addres. of the recorded owner of the parcel
(2) In the event that the lien is discharged,· released, or øatlø1led, either through payment or Municipol ...titrut HabiIIty, Richard
foreclosure, notice of the discharge containing the intonnation .pedfled In paragraph (I) .ha11 be recorded
by the governmental agency. A nuisance abatement lien and the release of the lien .ha11 be Indexed In 1986) 8 Loø AnpleI Lawyer M.
the grantor-grantee Index.
(3) A nuisance abatement lien may be forecloøed by an action brought by the ci'" for a _
judgment. .. .
(4) Notwithstanding Section 6103, Section 27383, or any other provision of law, the county ....order
may impose a fee on the city to reimburse the co.t.ø of proc...iDg and recording the lien and providing t 3890L Reelamation of land.I; m
notice to the property owner, A city may ....over from the property owner any coøt.ø 1nCU1Ted regarding
the proceøslng and recording of the lien and providing notice to the property ......... .. part of It.ø A city may reclaim publie and pm
foreclosure action to enforce the lien. menls, basinø, draina, canals, excavat
(Added by Stat.ø.I990, c:. 965 (A.B.3510), t 2.) .tructures useful therefor, This we
reclamation .ha11 be borne ..TeJÿ by
Law Review Commentariee This øe<:t.ion .ha11 not be construe<
Review cl _ 1990 California IegiaIatioa. 22 Pao, eøtabliehed and baving .imiIar powe!
L.J, 678 (1991~ " . . .
(Amended by Stata.I991, c:. 1226 (S,I
t 38773.5. Eøtablialunent of pI'OCOdure for abatement of nui8anœ; coot of abatement .. øpecia1
..........ent a¡aInat parcel; condition. III8kinr coot not a lien
As an alternative to the~ure authorized by Section 387'73,1 the legislative body may by ordinance MUN1
establish a procedure for e atement of a nuisance and make ~ cost of abatement of a nuisance upon
a parœ1 of land a .pecia1 ......ment against that parcel The aøseesment may be collected at !be øame
time and In the øame manner .. ordinary municipal taxeø are collected, and .ha11 be .ubject to the øame
penaltiee and the øame procedure and øale In case of delinquency .. provided for ordinary municipal
taxee. AU Iawø applicable to the levy, collection and enforcement of municipal taxeø øhaII be applicable to
the .pecia1 aøseesment. However, if any real property to which the coot of abatement relateø baa been t 39'732. Utility, øerrice and ......,
t.ranøf'erred or conveyed to a bona fide purchaser for value, or if a lien of a bona fide encumbrancer for
value hae been created and attacbee thereon, prior to the date on which the first ÌlU!ta11ment of the taxeø
would become delinquent, then the coot of abatement .ha11 not result In a lien against the real property So Librarieo
but instead .ha11 be transferred to the WUIOcured roll for collection. Noticee or ÌlU!t.rument.ø relating to
the abatement proceeding or .pecial ......ment øhaII be enütled to reconIation. ThiI section did not furniIb in~r
aport from Municipol LIbrarieI Act [ do
(Amended by Stat.ø,I990, c:. 965 (A.B.3510J, § 3,) et øeq.]. for eøtabliahment and operation 0
Nota of DeciøioJII
L Scope of po.... to abate movo1, .. pubHc nuiaaDcee, of abandoned, wrecked, dfo.
Municipal ordinance authorizmg eeizure of automobiJel mantled, or Inoperative vehicJeo, .uthortzed citieø to de-
that bad been determined to be pubHc nuisance was not clare by ordJnance that Inoperative _ ...,.. publlð t 4010L Repealed by Stata.1993, (
uneonatitutionaJ. exereiJe of city'1I delegated poUce power, nuiaaneell; interpretation 01 lltatute as a110wina d.ti. to
ordinance wu authorized and wu within police powen. at treat inopentive ~ like they were pubJle n~
øtate. Conner v, City of Santa Ana, C.A. 9 (CaL)I990, 8!1T but not to declare them pubHc nuiaaDcee, wulncollBlltelll J
F.2d 1487. certiorari denied III S.ot. 59, 498 U,S, 81" 112 with lltatutory lICheme (or abatement that applied only to
L,Ed.2d 3\1, pubHc nùiun.... CIty of Coota Me.. v, Soller (App. 4 SIIort title, legislative ðndlnp and
I'rvvWon cl øtate vebiele code authorizing city to adopt Diot.I992) 18 CaLRpto'.2d 73ó, 11 CalAppAth 1178, review Statl.1998, c. 1196 (8.B.406), ... HiatGric
ordJnance ~1iIhiDg .....dI.._ fer _eat and .... denied,. ., N_ under Government Code I 4201,
Add"l.... ar choong_ indicated by underline; cleledona þ" _".IIa'~·.' Add"loM ar c~ I
70
"__._C.·...-M_~·."_ .......-----...,~.~ " - ".,...,. .-
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