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HomeMy WebLinkAboutNS-2331 - Amending Article IV Chapter 16 of the Santa Ana Municipal Code to Grant the Executive Director of the Planning and Building Agency ...OO5 ORDINANCE NO. NS-2331 AN ORDINANCE OF THE CITY OF SANTA ANA AMENDING ARTICLE IV CHAPTER 16 OF THE SANTA ANA MUNICIPAL CODE TO GRANT THE EXECUTIVE DIRECTOR OF THE PLANNING AND BUILDING AGENCY AND HIS OR HER DESIGNEE THE AUTHORITY TO ADMINISTER AND ENFORCE THE ABATEMENT OF ABANDONED OR INOPERATIVE VEHICLES THE CITY COUNCIL OF THE ~CITY OF SANTA ANA DOES ORDAIN FOLLOWS: AS SECTION l: That section 16-113 of the Santa Ana Municipal Code is hereby amended to read as follows: Sec. 16-113. A~minlstration and enforcement. Except as otherwise provided in this article, the provisions of this article shall be administered and enforced by the Executive Director of the Planning and Building Agency or his or her designee. In the enforcement of this article, subject to other requirements of law, such enforcement officer may enter upon private or public property to examine a vehicle or parts thereof or to obtain information as to the identity of a vehicle. If consent to enter enclosed private property for purposes of this section has been sought and refused, or facts and circumstances exist to reasonably justify a failure to seek such consent, such enforcement officer shall obtain an inspection warrant pursuant to Section 1822.50 et seq. of the Code of civil Procedure. SECTION 2: ,~That section 16-114 of the Santa Ana Municipal Code is hereby am%ended to read as follows: Sec. 16-114. Authority to remove. The Executive Director of the Planning and Building Agency or his or her designee may enter upon private or public property to remove or cause the removal of a vehicle or parts thereof declared to be a nuisance pursuant to this article. If consent to enter enclosed private property for purposes of this section has been refused by the property owner or occupant, the Executive Director of the Planning and Building Agency or his or her designee shall obtain appropriate judicial authorization prior to the removal of a vehicle or parts thereof. ORDINANCE NS-2331 SECTION 3: That section 16-116 of the Santa Ana Municipal Code is hereby amended to read as follows: 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 public property within the city, the Executive Director of the Planning and Building Agency or his or her 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. SECTION 4: That section 16-117 of the Santa Ana Municipal Code is hereby amended to read as follows: Bec. 16-117. Notices of intention to abate and remove; mailing; form of notices. A ten-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 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. (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 undersigned 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 registered to , license number , which constitutes a public nuisance pursuant to the provisions of Chapter 16, Article IV of the Municipal Code. You are hereby notified to abate said nuisance by the removal 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 administrative costs, assessed to you as owner of the land on which said vehicle (or said parts of a vehicle) is located. 2 ORDINANCE NS-2331 AS 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 days after the mailing of this Notice of Intention, request a public hearing, and if such a request is not received by the Executive Director of the Planning and Building Agency or his or her designee within such ten-day period, the Executive Director of the Planning and Building Agency or his or her 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 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) Is~ 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 notified 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 (describe location on public or private property) and constitutes a public nuisance pursuant to the provisions 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. 008 ORDINANCE NS-2331 As registered (and/or legal) owner of record of said vehicle (or said parts of a vehicle), you are hereby ' 'nt notified that you may, with! en days after the mailing of this Notice of Intention, request a public hearing and if such a request is not received by the Executive Director of the Planning and Building Agency or his or her designee within such ten-day period, the Executive Director of the Planning and Building or his or her designee shall have the authority to abate and remove said vehicle (or said parts of a vehicle) without a hearing. Notice Mailed (date) SECTION 5: That section 16-118 of the Santa Ana Municipal Code is hereby amended to read as follows: Sec. $6-~18. 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 Executive Director of the Planning and Building Agency or his or her designee within ten (10) days after the mailing of the notices of intention to abate and remove, a public hearing shall be held by the Executive Director of the Planning and Building Agency 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. 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 registered or certified 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. 4 ORDINANCE NS-2331 009 SECTION 5: That section 16-119 of the Santa Ana Municipal Code is hereby amended to read as follows: Bec. ~6-~19. Bame-~onduct; rules of evidence; appe&r&nce or statement of owner of land; determination by hearing officer; order; notice of decision. Ail hearings under this article shall be held before the Executive Director of the Planning and Building Agency or his or her designee who shall hear all facts and testimony he or she 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 Executive Director of the Planning and Building Agency 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 or her reason for such denial. The Executive Director of the Planning and Building Agency or his or her designee may impose such conditions and take such other action as he or she deems appropriate under the circumstances to carry out the purpose of this article. He or she may delay the time for removal of the vehicle or parts thereof if, in his or her opinion, the circumstances justify it. At the conclusion of the public hearing, the Executive Director of the Planning and Building Agency or his or her designee may find that a vehicle or parts thereof have 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 changed 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 or she has not subsequently acquiesced in its presence, the Executive Director of the Planning and Building Agency 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 or her land but does not appear, or if an interested party makes a written presentation to the Executive Director of the Planning and Building Agency or his or her designee but does not appear, he or 5 ORDINANCE NS-2331 she shall be notified in writing of the decision. SECTION 6: That section 16-120 of the Santa Ana Municipal Code is hereby amended to read as follows: Bec. 16-120. Appeal to the city council. Any interested party may appeal the decision of the Executive Director of the Planning and Building Agency or his or her designee by filing a written notice of appeal with the clerk of the council within five (5) days after his or her 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. SECTION 7: That section 16-122 of the Santa Ana Municipal Code is hereby amended to read as follows: Bec. 16-122. Notice and transfer to department of motor vehicles. Within five (5) days after the date of removal of the vehicle or parts thereof, the Executive Director of the Planning and Building Agency or his or her designee shall give notice 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. SECTION 8: 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 Ana 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, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. SECTION 9: 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 committed prior to the effective date hereof, nor be construed as affecting any of the provisions of such ordinance relating to the collection of any such license or penalty or the penal provision applicable to any violation thereof, nor to affect the validity of any bond or cash 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. ADOPTED this 2nd ATTEST: ~Fa~ice C. Guy ~/- 'Clerk of the Council/ day of September , 1997. ~uel A.t Pulid0 d.~Mayor COUNCILMEMBERS: Pulido Aye Richardson Aye Espinoza Aye Franklin Aye Lutz McGuigan Moreno AP~ AS TO FORM: Aye Aye ~. Sh_~..tz / ~ Aye ~istant ~ney ~ CERTIFICATE OF ORIGINAL~ State of California County of Orange I, JANICE C. GUY, Clerk of the Council, do hereby certify the attached Or$inance No, ~J.~ - ~ 5~.-[ to be the original ordinance adopted by the City Council of the City of Santa Ama on ~-,:R -~'7 ; and that said ordinance was published in accordance with the Charter of the City of Santa Ana. Date: 7