HomeMy WebLinkAbout1995/08/21 Board of Appeals & Advisors Agenda Packet (4)
Item 113B
ORDINANCE NO. -
AN ORDINANCE OF THE CITY OF mULA VISTA, CALIFORNIA,
REPEALING EXISTING CHAPTER 10,80 OF THE MUNICIPAL CODE AND
ADOPTING A NEW CHAPTER 10.80 OF THE MUNICIPAL CODE OF THE
CITY OF mULA VISTA RELATING TO ABANDONED VEHICLES
THE CITY COUNCIL OF THE CITY OF mULA VISTA DOES ORDAIN AS FOLLOWS:
SECTION I. That existing Chapter 10,80 is hereby repealed, and a new Chapter 10,80 of the Chula
Vista Municipal Code is hereby added, which Chapter shall read as follows:
Chapter 10.80
Abandoned Vehicles
Sections:
15.80.010 Purpose and intent of provisions - Vehicle declared nuisance when.
15.28.020 Definitions.
15.28.030 Exemptions from applicability - Scope.
15.28.040 Regulations not exclusive.
15.28.050 Enforcement authority - Right of entIy for pyam;nation.
15.28.060 Abatement - Costs - Procedure generally - Notices required - Form.
15.28.070 Abatement - Public heañng required when - Notice - :laDing lYIÍaÆeŒeDt OftiCBC
Buildin2 Official or his desimee authority.
15.28.080 Appeal of decision - Public heañng - Notice - Gty CaUBw Board of Appeals and
Advisors authority.
15.28.090 Disposal of vehicle - Tune 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 authomed 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,~ ~ 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 detennination
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,
Ordinance No, 2508
Page 2
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 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.+lQ 120.
10.80.020 Definitions.
As used in Sections 10,80,010 through 10,80,+lQ 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",
B, "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,
"BuildinS! Official" desiS!nates the Director of BuildinS! and HousinS! as the BuildinS! Official,
10.80.030 Exemptions from applicability - Scope.
The provisions of Sections 10.80.010 through 10,80,+lQ llQ 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 veIùcle 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 of California, and Sections 10.80.010 through 10,80,+lQ 120,
10.80.040 Regulations not exclusive.
The provisions of Sections 10.80.010 through 10.80.+lQ 120 are not the exclusive regulation of
abandoned, wrecked, dismantled or inoperative 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,
'''e State, or any other legal entity or agency having jurisdiction,
Ordinance No, 2508
Page 3
10.80.050 Enforcement authority - Right of enlly for ..Y~mination.
Except as otherwise provided herein, the provisions of Sections 10.80.010 through 10.80.~ ~
shall be administered and enforced by the zoning 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·enlly provisions set forth in Section 1.16,010 of this code,
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 property or public property, in accord
with right-of-enlly 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 lO,80.~ ~.
B, The City Council shall, from time to time, determine and flx 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 zoning enforcement offlcer
shall have the authority to cause the abatement and removal thereof in accordance with the
procedures prescribed herein.
D. A 10-day notice of intention to abate and remove the vehicle, or parts thereof, as a public nuisance
shall be mailed by regi,terell certified mail to the owner of the land and to the owner of the vehicle,
unless the vehicle is in such condition that identiflcation 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 GHy 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 ~ Municipal Code.
You are hereby notified to abate said nuisance by the removal of said vehicle (or
said parts ofa 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
Ordinance No. 2508
Page 4
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 c¡~. Ce.....il Buildin ¡ Official or his desismee within such ten
(10) day period, the zoning enforcement officer shall have the authority to abate
and remove said vehicle (or said parts ofa vehicle) as a public nuisance and assess
the costs as aforesaid without a public hearing. You may submit a sworn written
statement with 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, or in lieu thereof, may present a sworn written
statement as aforesaid in time for consideration at such hearing,
Notice Mailed: (Date)
"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/orlegal) 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 ,e..i..g e..f-ereeme..t effie.r Buildin ¡ Official or his desi ¡nee
within such ten (10) day period, the zoning enforcement officer shall have the
authority to abate and remove said vehicle (or said parts of a vehicle) without a
hearing.
Notice Mailed: (Date)
10.80.070 Abatement - Public hearing required when - Notice - ZoBiag eafu........eat ofti""r BuiIdin ¡
Official or his desismee authority.
A. Upon request by the owner of the vehicle or the owner of the land received by the waiag
ellf-ereeme..t effi.er Buildin ¡ Official or his desi ¡nee within ten days after the mailing of the notice
of intention to abate and remove, a public hearing shall be held by the ,sRing ÐRÛJre.m...t efti..r
Buildin ¡ Official or his desi ¡nee on the question of abatement and removal of the vehicle or parts
Ordinance No. 2508
Page 5
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,
B, 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-day period, said statement shaIl be construed as a request
for a hearing which does not require his presence, Notice of the hearing shaIl be mailed by
registered certified mail, at least ten 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 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, All hearings under Sections 10,80,010 through 1O.80.+W ~ shall be held initially before the
zening enforeement efli.er Buildin~ Official or his desi~nee, who shall hear all facts and testimony
he deems pertinent, Said facts and testimony may include testimony on the condition of the vehicle
or parts thereof and the circumstances concerning its location on said private property or public
property. The zening enf'ereement effieer Buildin~ Official or his desi~nee shall not be limited by
the technical 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 his reasons for such denial.
D, The zening enf'ereement eff¡eer Buildin~ Official or his desi~nee may impose such conditions and
take such other action as he deems appropriate under the circumstances to carry out the purpose
of Sections 10.80,010 through 10,80,+W~. He 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 zening enf"reement effieer Buildin~ Official or his desi~nee 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
zening enf'ereement effieer Buildin~ Official or his desi~nee 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 presence of the vehicle on his land
but does not appear, or if an interested party makes a written presentation to the ~
enf'ercement efficer Buildin~ Official or his desi~nee but does not appear, he shall be notified in
writing of the decision,
10.80.080 Appeal of decision - Public Hearing - Notice - City CeUD.eiI Board of Appeals and Advisors
authority.
Any interested party may appeal the decision of the zening enforeement .flieer Buildin~ Official or
his desi~nee by filing a written notice of appeal with the Cil',' CeUD.eiI Board of Appeals and Advisors within
five days after his decision. Such appeal shall be heard by the City Cellncil Board of Appeals and Advisors
which may affirm, amend or reverse the order or take other action deemed appropriate. The City Clerk
Secretary to the Board of Appeals and Advisors shall give written notice of the time and place of the hearing
of the appellant and those persons specified above, In conducting the hearing, the Ci~' Ceunci! Board of
Ordinance No. 2508
Page 6
Appeals and Advisors shall not be limited by the technical rules of evidence.
10.80.090 Disposal of vehicle - TlDle requirements.
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 Sections 10,80,010
through 10,80,UQ U2, of 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.
10.80.100 Notification and transfer of evidence required when.
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 evidence of registration available, including
registration certificates, certificates of title and license plates.
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
'¡d within thirty days of the date of the order, or the final disposition of an appeal therefrom, such costs
.¡all 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.
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 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 constnJction 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 hours prior to the removal;
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 or movement, providing that signs giving notice that such vehicle may be removed are
erected or placed at least twenty-four hours prior to the removal of such vehicle;
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
Ordinance No, 2508
Page 7
signs are posted giving notice of the removal,
Section U, Effective Date.
This ordinance shall take effect and be in force on the thirtieth day from and after its passage and
approval.
Presented by Approved as to form by
Kenneth G, Larsen, C.B.O. Bruce M, Boogaard
Director of Building and Housing City Attorney
(VEHICLES.ORD)