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HomeMy WebLinkAboutNS-1169ORDINANCE NS 1169 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA PROVIDING FOR THE ABATEMENT AND REMOVAL AS PUBLIC NUISANCES OF ABANDONED, WRECKED, DISMANT- LED OR 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 OF THE VE- HICLE CODE THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: SECTION 1: The Santa Ana Municipal Code is hereby amended by adding an article to Chapter 16 to be numbered Chapter 16, Arti- cle 4, consisting of Sections 16-110 through 16-125, to read as follows: Sec. 16-110. Purpose. 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 aban- doned, wrecked, dismantled, or inoperative vehicles or parts there- of as public nuisances, the City Council of the City of Santa Ana 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, 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 part 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 Article. Sec. 16-111. Definitions. As used in this article: (a) The term "vehicle" means a device by which any per- son 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. (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". Sec. 16-112 - Exemptions. This Ordinance shall not apply to the following: A vehicle or part thereof which is completely en- closed within a building in a lawful manner where it is not visible from the street or other public or private property; or A vehicle or part thereof which is stored or parked in a lawful manner on private property in connection with the business of a licensed dismantler, licensed ORDINANCE PAGE TWO NO. NS-1169 vehicle dealer, a junk dealer, or when such storage or parking is necessary to the operation of a lawfully conducted business or commercial enterprise on land on which such business or enterprise is authorized by the City's Zoning Regulations. Nothing in this section shall authorize the main- tenance 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 article. Sec. 16-113 - Administration and Enforcement. Except as otherwise provided herein, the provisions of this article shall be administered and enforced by the Chief of Police or his designee. In the enforcement of this article 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 Article. Sec. 16-114 - Authority to Remove. When the Chief of Police has arranged with any person or persons, to accomplish the removal of a vehicle or parts thereof pursuant to this Article, such per- son or persons shall be authorized to enter upon private property or public property for such purpose. Sec. 16-115 - Administration Costs. The City Council shall, by resolution, 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 part thereof) under this article. Sec. 16-116 - Authority to Cause Abatement and Removal. Upon discovering the existence of an abandoned, wrecked, dismantled, or inoperative vehicle, or parts thereof, on private property or pub- lic property within the City, the Chief of Police or his designee shall have the authority to cause the abatement and removal thereof in accordance with the procedure prescribed herein and to arrange with and authorize private persons or city employees to accomplish such removal. Sec. 16-117 - Notices of Intention to Abate and Remove; Mailin~ Form of Notices. A 10-day notice of intention to abate and remove the vehicle, or parts thereof, as a public nuisance shall be mailed by registered or 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 avail- able 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 INOPERA- TIVE VEHICLE OR PARTS THEREOF AS A PUBLIC NUISANCE. (Name and address of owner of the land) As owner shown on the last equalized assessment roll of the land located at (address), you are hereby notified that the under- signed pursuant to Chapter 16, Article IV of the Municipal Code has determined that there exists upon said land an (or parts of an) abandoned, wrecked, dismantled or inoperative vehicle regis- tered to , license number , which constitutes a public nuisance pursuant to the provisions ORDINANCE NO.NS-1169 PAGE THREE of Chapter 16, Article IV of the Municipal Code. You are hereby notified to abate said nuisance by the re- moval of said vehicle (or parts of a vehicle) within ten 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 adminis- trative 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 ~r said parts of a vehicle) is located, you are hereby notified that you may, within ten days after the mailing of this Notice of Inten- tion, request a public hearing, and if such a request is not received by the Chief of Police or his designee within such ten-day period, the Chief of Police or his designee 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 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 re- quest 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 considera- tion at such hearing. Notice Mailed (date) /s/ NOTICE OF INTENTION TO ABATE AND REMOVE AN ABANDONED, WRECKED, DISMANTLED OR INOPERATIVE VEHICLE OR PARTS THEREOF AS A PUBLIC NUISANCE. (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 noti- fied that the undersigned pursuant to Chapter 16, Article IV of the Municipal Code has determined that said vehicle (or parts of a vehicle) exists as an abandoned, wrecked, dismantled or inoperative vehicle at (des- cribe location on public or private property) and constitutes a public nuisance pursuant to the provision of Chapter 16, Article IV 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 days from the date of mailing of this notice. ORDINANCE NO. NS-1169 PAGE FOUR AS registered (and/or legal) owner of record of said vehicle (or said parts of a vehicle), you are hereby notifed 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 Chief of Police or his designee within such ten- day period, the Chief of Police or his designee shall have the authority to abate and remove said vehicle (or said parts of a vehicle) without a hearing. Notice Mailed ~ate) /s/. Sec. 16-118 - Public Hearing; Request By Owner of Vehicle or Owner of Land. Upon request by the owner of the vehicle or owner of the land received by the Chief of Police or his designee within ten days after the mailing of the notices of intention to abate and remove, a public hear- ing shall be held by the Chief of Police or his designee on the question of abatement and removal of the vehicle, or parts thereof, as an abandoned, wrecked, dismantled or inop- erative 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 ten-day period, said statement shall be con- strued as a request for a hearing which does not require his presence. Notice of the hearing shall be mailed, by regis- tered or certified mail, at least ten days before the hearing to the owner of the land and to the owner of the vehicle, un- less 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 pub- lic hearing. Sec. 16-119 - Same - Conduct; Rules of Evidence; Appearance or Statement of Owner of Land; Determination B~ Hearing Officer; Order, Notice of Decision. All hearings under this Article shall be held before the Chief of Police or his 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 the said private property or public property. The Chief of Police or his 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 reason for such denial. The Chief of Police or his designee may impose such conditions and take such other action as he deems appropriate under the circumstances to carry out the purpose of this Article. He may delay the time for removal of the vehicle or parts there- of if, in his opinion, the circumstances justify it. At the conclusion of the public hearing, the Chief of Police ORDINANCE NO. NS-1169 PAGE FIVE or his designee may find that a vehicle or parts thereof have been abandoned, wrecked, dismantled, or is inopera- tive on private or public property and order the same re- moved 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 des- cription 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 Chief of Police or his designee shall not assess the costs of administration or removal of the vehicle against the property upon which the vehicle is located or otherwise attemp~ 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 Chief of Police or his designee but does not appear, he shall be notified in writing of the decision. Sec. 16-120 - Appeal to the City Council-Any interested party may appeal the decision of the Chief of Police or his designee by filing a written notice of appeal with the Clerk of the Council within five days after his decision. Such appeal shall be heard by the City Council which may affirm, amend or reverse the order or take other action deemed appropriate. The Clerk of the Council shall give written notice of the time and place of the hearing to the appellant and those persons specified in this Article. In conducting the hearing the City Council shall not be limited by the technical rules of evidence. Sec. 16-121 - Disposition of Vehicle After Order or Appeal 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 this Article, or fifteen days after such action of the City Council 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. Sec. 16-122 - Notice and Transfer to Department of Motor Vehicles. Within five days after the date of removal of the vehicle or parts thereof, the Chief of Police or his designee shall give notice to the Department of Motor Vehicles identi- fying the vehicle or parts thereof removed. At the same time, there shall be transmitted to the Department of Motor Vehicles any evidence or registration available, including registra- tion certificates, certificates of title and license plates. Sec. 16-123 - Assessment of Costs Against the Land. ORDINANCE NO. NS-1169 PAGE SIX The administrative costs and the cost or removal which are charged against the owner of a parcel of land pursuant to this Article shall, upon expiration of the time for appeal to the City Council if no appeal is requested, or upon affirmation of the order of assessment if an appeal is heard, be assessed against the parcel of land pursuant to Section 38773.5 of the Government Code and shall be transmitted by the Clerk of the Council to the tax collector for collection. Said assessment shall have the same priority as other City taxes. Sec. 16-124 - Lien; Recordation of Notice of Lien. At the same time that the assessment is transmitted to the tax collec- tor, the Clerk of the Council shall record in the office of the County Recorder a Notice of Lien, substantially in the form set out below. NOTICE OF LIEN (Claim of City of Santa Anal Pursuant to Chapter 16 of the Santa Ana Municipal Code and Section 22660 of the Vehicle Code, the City of Santa Ana did on or about the day of , 19 , cause an abandoned v-~-~cle or parts thereof to be removed from real property described herein as a public nuisance and did, effective , cause the costs of removal and administrative costs to be assessed against said real property; and the same has not been paid nor any part thereof; and said City of Santa Ana does hereby claim a lien on said real pro- perty in the amount of said assessment, to wit: the sum of $ and the same shall be a lien upon said real property until the same has been paid in full and dis- charged of record. The real property hereinabove mentioned, and upon which a lien is claimed, is that certain parcel of land lying and being in the City of Santa Ana, County of Orange, State of California, and particularly described as follows: (description) Dated: This day of , 19 Clerk of the Council of the City of Santa Aha Sec. 16-125 - Non-exclusivity of this Article. This article is not the exclusive regulation of abanonded, wrecked, dismantled or inoperative vehicles with the City. It 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. SECTION 2: Neither the adoption of this ordinance nor the repeal hereby of any ordinance shall in any manner affect the prosecution for violation of ordinances, which violations were ORDINANCE NO. NS-l169 PAGE SEVEN committed prior to the effective date hereof, not be con- strued as affecting any of the provisions of such ordinances relating to the collection of any such license or penalty or the penal provisions applicable to any violation thereof, nor to affect the validity of any bond or case deposit in lieu thereof, required to be posted, filed or deposited pursuant to any ordinance, and all rights and obligations thereunder appertaining shall continue in full force and effect. SECTION 3: If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Santa Aha hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsections, clauses, phrases or portions be declared invalid or unconstitutional. SECTION 4: The Clerk of the Council shall certify to the passage of this ordinance and cause the same to be published in some daily newspaper printed and published in the City of Santa Ana. SECTION 5: This Ordinance shall take effect thirty C30) days from and after the date of its adoption. PASSED AND ADOPTED by the City Council of the City of Santa Ana at its regular meeting held on the 15 day of October , 1973. ATTEST: CLERK OF THE COU'NCIL ORDINANCE NO. NS-1169 PAGE EIGHT 'STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF SANTA ANA ) ss I, FLORENCE I. MALONE, do hereby certify that I am the Clerk of the Council of the City of Santa Ana; that the foregoing Ordinance was introduced to said Council at its regular meeting held on the 1 day of October , 1973 and was again considered by said Council at its meeting held on the 15 day of October , 1973, and was at said meeting passed and adopted by the following vote, to wit: AYES, COUNCILMEN: Griset~ Yarnamoto~ Nlarkel, Gar%he, Patterson, Evans, Ward NOES, COUNCILMEN: None ABSENT, COUNCILMEN: None APP~