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HomeMy WebLinkAboutOrd 1996-2668 ORDINANCE NO. 2668 AN ORDINANCE OF THE CITY OF CHULA VISTA, CALIFORNIA AMENDING CHAPTER 10.80 OF THE CHULA VISTA MUNICIPAL CODE RELATING TO ABANDONED VEHICLES THE CITY COUNCIL OF THE CITY OF CHULA VISTA DOES ORDAIN AS FOLLOWS: SECTION I. That Chapter 10.80 of the Chula Vista Municipal Code is hereby amended to read as follows: Chapter 10.80 Abandoned Vehicles Sections: 10.80.010 Purpose and intent of provisions - Vehicle declared nuisance when. 10.28.020 Definitions. 10.28.030 Exemptions from applicability - Scope. 10.28.040 Regulations not exclusive. 10.28.050 Enforcement authority - Right of entry for examination. 10.28.060 Abatement - Costs - Procedure generally - Notices required - Form. 10.28.070 Abatement - Public hearing required when - Notice - Building Official or his or her designee authority. 10.28.080 Appeal of decision - Public hearing - Notice - Board of Appeals and Advisors authority. 10.28.090 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. 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 Ordinance 2668 Page 2 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 declared to constitute a public nuisance which may be abated as such in accordance with the provisions of sections 10.80.010 through 10.80.120. 10.80.020 Definitions. As used in sections 10.80.010 through 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". 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. E. "Building official" shall mean the director of building and housing and/or his or her designee. F. "City abatement officer" shall be the city officer responsible for enforcement of the ordinances being violated and who initially declares said violation to be a public nuisance. 10.80.030 Exemptions from applicability - Scope. The provisions of sections 10.80.010 through 10.80.120 shall not apply to: A. A vehicle, or parts thereof, which is completely enclosed within a building in a lawful manner, or otherwise stored in a lawful manner behind a solid fence, gate or wall not less than six feet in height, and where it is not readily 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. Ordinance 2668 Page 3 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 of Division 11 of the Vehicle Code of the state of California, and sections 10.80.010 through 10.80.120. 10.80.040 Regulations not exclusive. The provisions of sections 10.80.010 through 10.80.120 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, the state, or any other legal entity or agency having jurisdiction. 10.80.050 Enforcement authority - Right of entry for examination. Except as otherwise provided herein, the provisions of sections 10.80.010 through 10.80.120 shall be administered and enforced by the city abatement 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 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-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 10.80.120. 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 city abatement officer 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 certified 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: Ordinance 2668 Page 4 "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 Chapter 1.30 of Title 1 of the Chula Vista 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 Chapter 1.30 of Title I of the 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 building official or his or her designee within such ten day period, the city abatement 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 with such ten 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) Ordinance 2668 Page 5 "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 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 days after the mailing of this notice of intention, request a public hearing and if such a request is not received by the building official or his or her designee within such ten (10) day period, the city abatement 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 - Building Official or his or her designee authority. A. Upon request by the owner of the vehicle or the owner of the land received by the building official or his or her designee within ten days after the mailing of the notice of intention to abate and remove, a public hearing shall be held by the building official or his or her designee 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. 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 shall be construed as a request for a hearing which does not require his presence. Notice of the hearing shall be mailed by 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 Ordinance 2668 Page 6 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 10.80.120 shall be held initially before the building official or his or her designee, 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 building official or his or her designee 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 building official or his or her designee 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 10.80.120. 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 building official or his or her designee 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 building official or his or her designee 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 building official or his or her designee but does not appear, he shall be notified in writing of the decision. 10.80.080 Appeal of decision - Public Hearing - Notice - Board of Appeals and Advisors authority. Any interested party may appeal the decision of the building official or his or her designee by filing a written notice of appeal with the board of appeals and advisors within five days after his decision. Such appeal shall be heard by the board of appeals and advisors which may affirm, amend or reverse the order or take other action deemed appropriate. The 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 board of appeals and advisors shall not be limited by the technical rules of evidence. Ordinance 2668 Page 7 10.80.090 Disposal of vehicle - Time 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 10.80.120, or 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 operahie. 10.80.100 Notification end 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 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. 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 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 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; Ordinance 2668 Page 8 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. Section II. Effective Date. This ordinance shall take effect and be in force on the thirtieth day from and after its passage and approval. Kenneth G. Larsen, C.B.O. Bruce M. Boogaard Building and Housing Director City Attorney Ordinance 2668 Page 9 PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 9th day of April, 1996, by the following vote: AYES: Councilmembers: Alevy, Moot, Padilia, Rindone, Horton NAYS: Councilmembers: None ABSENT: Councilmembers: None ABSTAIN: Councilmembers: None Sl~ley Horton, Mayor ATTEST: Beverly{A. Authelet, City Clerk STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) ss. CITY OF CHULA VISTA ) I, Beverly A. Authelet, City Clerk of the City of Chula Vista, California, do hereby certify that the foregoing Ordinance No. 2668 had its first reading at a regular meeting held on the 26th day of March, 1996 and its second reading and adoption at a regular meeting of said City Council held on the 9th day of April, 1996. Executed this 9th day of April, 1996. Beverly ~. Authelet, City Clerk