HomeMy WebLinkAboutOrd 115 ORDINANCE NO. 115
AN ORDINANCE OF THE CITY OF CATHEDRAL CITY
REPEALING CHAPTER 11.80 OF THE CATHEDRAL CITY
MUNICIPAL CODE AND RE-ENACTING SAME, DECLARING
ABANDONED VEHICLES TO BE A PUBLIC NUISANCE AND
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L PROVIDING FOR THEIR ABATEMENT.
The city council of the City of Cathedral City does ordain as follows:
SECTION 1. Chapter 11.80 of the Cathedral City Municipal Code hereby is
repealed in its entirety and re-enacted to read as follows:
Chapter 11.80
ABANDONED VEHICLES
Sections:
11.80.010 Findings.
11.80.020 Definitions.
11.80.030 Applicability.
11.80.040 Chapter not exclusive.
11.80.050 Administration and enforcement.
11.80.060 Right of franchisee to enter private property.
11.80.070 Assessment of administrative costs.
11.80.080 Abatement authority.
11.80.090 Ten-day notice required.
11.80.100 Public hearing.
11.80.110 Hearings to be held before director.
11.80.120 Appeal of decision of director.
11.80.130 Removal of vehicle to scrapyard.
11.80.140 Notice to Department of Motor Vehicles of removed vehicles.
11.80.150 Assessment of charges against land.
11.80.160 Violation.
11.80.170 Refusal to comply.
11.80.010 Findings. In addition to and in accordance with the determination
made and the authority granted by the state under Sections 22660 through 22664
of the Vehicle Code to remove abandoned, wrecked, dismantled or inoperative
vehicles or parts thereof as public nuisances, the city council 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 found to create a condition tending to reduce
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the value of private property, to promote blight and deterioration, to invite plun-
dering, 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 a public nuisance which may be abated as such in accor-
dance with the provisions of this chapter.
11.80.020 Definitions. As used in this chapter:
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"
000709
includes street.
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. "Public property" does not include "highway."
E. "Vehicle" means a device by which any person or property may be pro-
pelled, moved or drawn upon a highway except a device moved by human power or
j used exclusively upon stationary rails or tracks.
11.80.030 Applicability. This chapter shall not apply to:
A. A vehicle or part thereof which is completely enclosed within a building,
or by a fence or wall, in a lawful manner where it is not visible from the street
or other public or private property; or
B. 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
vehicle dealer, or a junkyard. This exception shall not, however, authorize the
maintenance of a public or private nuisance as defined under provisions of law.
11.80.040 Chapter not exclusive. This chapter is not the exclusive regulation
of abandoned, wrecked, dismantled or inoperative vehicles within the city. It shall
supplement and be in addition to the other regulatory codes, statutes and ordinan-
ces heretofore or hereafter enacted by the city, the state or any other legal enti-
ty or agency having jurisdiction.
11.80.050 Administration and enforcement. Except as otherwise provided in
this chapter, the provisions of this chapter shall be administered and enforced by
the city manager or other authorized officers or employees of the city, except
that the removal of vehicles or parts thereof from property may be by any other
duly authorized person. Any such authorized person may enter upon private prop-
erty for the purposes specified in this chapter to examine a vehicle or parts
thereof, obtain information as to the identity of a vehicle, and remove or cause
the removal of a vehicle or part thereof declared to be a nuisance pursuant to
this chapter.
11.80.060 Right of franchisee to enter private property. When the city coun-
cil has contracted with or granted a franchise to any person or persons to assist
in the enforcement of this chapter, such person or persons shall be authorized to
enter upon private property or public property to remove or cause the removal of
a vehicle or parts thereof declared to be a nuisance pursuant to this chapter.
11.80.070 Assessment of administrative costs. The city council shall from
time to time determine and fix an amount to be assessed as administrative costs
under this chapter.
11.80.080 Abatement authority. Upon discovering the existence of an aban-
doned, wrecked, or inoperative vehicle, or parts thereof, on private property or
public property within the city, the city manager or other authorized city officers
or employees, shall have the authority to cause the abatement and removal there-
of in accordance with the procedure described in this chapter.
11.80.090 Ten-day notice required. A ten-day notice of intention to abate and
remove the vehicle, or part thereof, as a public nuisance shall be issued unless the
property owner and the owner of the vehicle have signed releases authorizing re-
moval and waiving further interest in the vehicle or part thereof. Such ten-day
notice of intention to abate shall be mailed by registered or certified mail to the
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owner of the land, as shown on the last equalized assessment roll, and to the last
registered and legal owner of record 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 Section
11.80.010 of the Cathedral City 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 11.80 of the Cathedral City Municipal Code
as amended.
"You are hereby notified to abate said nuisance by the removal of said vehicle
(or said parts of a vehicle) within 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 thereof) are located.
"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 10 days after the mailing of
this notice of intention, request a public hearing and if such a request is not
received by the City Clerk of the City of Cathedral City within such 10-day peri-
od, the City Manager or other authorized city officer shall have the authority to
cause the abatement and removal of said vehicle (or 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 10-day period denying respon-
sibility 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 /5/ It
"NOTICE OF INTENTION TO ABATE AND REMOVE AN ABAN-
DONED, 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 Section 11.80.010 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 11.80 of the Cathedral City
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Municipal Code, as amended. You are hereby notified to abate said nuisance by
the removal of said vehicle (or parts of a vehicle) within 10 days from the date
of 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 10 days after the mailing
L of this notice of intention, request a public hearing and if such a request is not
received by the City Clerk of the City of Cathedral City within such 10 day peri-
od, the City Manager or other authorized city officer shall have the authority to
cause the abatement and removal of said vehicle (or parts of a vehicle) without a
hearing.
Notice mailed /s/ "
11.80.100 Public hearing. A. Upon request by the owner of the vehicle or
owner of the land, received by the city clerk within ten days after the mailing of
the notices of intention to abate and remove, a public hearing shall be held by
the director of community development on the question of abatement and removal
of the vehicle or parts thereof as an abandoned, wrecked, dismantled or inopera-
tive vehicle, and the assessment of the administrative costs and the cost of re-
moval 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 peri-
od, 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 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.
11.80.110 Hearings to be held before director. A. All hearings under this
chapter shall be public hearings and shall be held before the director of communi-
ty development who shall hear all facts and testimony he deems pertinent. Said
facts and testimony may include testimony on the condition of the vehicle or part
thereof and the circumstances concerning its location on the private property or
public property. The director of community development shall not be limited by
the technical rules of evidence. The owner of the land on which the vehicle is
located may appear in person at the hearing or present a 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.
B. The director of community development may impose such conditions and
take such other action as he deems appropriate under the circumstances to carry
out the purpose of this chapter. He may delay the time for removal of the vehi-
1, cle or part thereof if, in his opinion, the circumstances justify it At the conclu-
sion of the hearing, the director of community development may find that a vehi-
cle or part 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 ad-
ministrative costs and the cost of removal to be charged against the owner of the
parcel of land on which the vehicle or part thereof is located. The order requir-
ing removal shall include a description of the vehicle or part thereof and the cor-
rect identification number and license number of the vehicle if available at the
site.
C. If it is determined at the hearing that the vehicle was placed on the land
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without the consent of the land owner and that he has not subsequently acquiesced
in its presence, the director of community development shall not assess costs of
administration or removal of the vehicle against the owner of the property upon
which the vehicle is located or otherwise attempt to collect such costs from such
land owner.
D. If the owner of the land submits a sworn statement denying responsibility
for the presence of the vehicle on his land but does not appear, or if an interest-
( ed party makes a written presentation to the director of community development
but does not appear, he shall be notified in writing of the decision.
11.80.120 Appeal of decision of director. A. Any interested party may ap-
peal the decision of the director of community development by filing a written
notice of appeal with the city clerk within five days after said decision.
B. Such appeal shall be heard by the city council which may affirm, amend or
reverse the order or take other action deemed appropriate.
C. The city clerk shall give written notice of the time and place of the hear-
ing to the appellant and those persons specified in Section 11.80.100.
D. In conducting the hearing, the city council shall not be limited by the
technical rules of evidence.
11.80.130 Removal of vehicle to scrapyard. Five days after adoption of the
order declaring the vehicle or part thereof to be a public nuisance, five days from
the date of mailing of notice of the decision if such notice is required by Section
11.80.110, or fifteen days after such action of the city council authorizing removal
following appeal, the vehicle or part thereof may be disposed of by removal to a
scrapyard or automobile dismantler's yard. After a vehicle has been removed, it
shall not be dismantled or destroyed for 30 days, during which time the registered
owner of said vehicle may reclaim it upon payment of costs for removal and
storage. Said vehicle shall not thereafter be reconstructed or made operable un-
less it is a vehicle which qualifies for either horseless carriage license plates or
historical vehicle license plates, pursuant to Section 5004 of the Vehicle Code, in
which case the vehicle may be reconstructed or made operable.
11.80.140 Notice to Department of Motor Vehicles of removed vehicles.
Within five days after the date of removal of the vehicle or part thereof, notice
shall be given to the Department of Motor Vehicles identifying the vehicle or part
thereof removed. At the same time there shall be transmitted to the Department
of Motor Vehicles any evidence of registration available, including, but not limited
to, the registration card, certificates of ownership, or license plates.
11.80.150 Assessment of charges against land. If the administrative costs and
the cost of removal which are charged against the owner of a parcel of land pur-
suant to Section 11.80.110 are not paid within thirty days of the date of the or-
der, 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 county auditor for collection. The assessment
shall have the same priority as other city taxes.
11.80.160 Violation. It is unlawful and a misdemeanor for any person to
abandon, park, store, or leave or permit the abandonment, parking, storing, or
leaving of any licensed or unlicensed vehicle or part thereof which is in an aban-
doned, wrecked, dismantled, or inoperative condition upon any private or public
property, not including highways, within the city for a period in excess of two
days unless the vehicle or part thereof is completely enclosed within a building in
a lawful manner where it is not plainly visible from the street or other public or
private property, or unless the vehicle is stored or parked in a lawful manner on
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private property in connection with the business of a licensed dismantler, licensed
vehicle dealer,or a junkyard.
11.80.170 Refusal to comply. It is unlawful and a misdemeanor for any per-
son to fail or refuse to remove an abandoned, wrecked, dismantled, or inoperative
vehicle or part thereof or refuse to abate the nuisance when ordered to do so in
accordance with the abatement provisions of this chapter or state law where state
law is applicable.
SECTION 2. EFFECTIVE DATE. This ordinance shall be in full force and effect
thirty (30) days after passage.
SECTION 3. POSTING. The City Clerk shall within 15 days after the passage of
this ordinance, cause it to be posted in at least the 3 public places designated by
resolution of the City Council; shall certify to the adoption and posting of this or-
dinance; and shall cause this ordinance and its certification, together with proof of
posting, to be entered in the book of ordinances of this City.
The foregoing ordinance was approved and adopted at a meeting of the City
Council held on September 4 , 1985 by the following vote:
Ayes: Councilmembers Krings, Murphy, Paquette, Smith and
Mayor Martin
Noes:
Absent:
MAYOR
ATTEST
/ /
/1 , . 411,...-,,
CITY CLERK
APPROVED AS TO FORM: AP' C a VE ID AS TO CONTENT:
flUi......,144,_
CITY ATTORNEY , 'ITY MANAGER
El N HP' - :-;, �:' THAT THE FOREGOING ORDINANCE
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_11 _ y,;,. nu; imglEL, OY THE CITY COUNCIL
MEET,.:: ;;;:;iF,F EIII D OF,1 THE. Ati DAY O'%—. ,� �.�.
198 ACii i?i:.: .,: cs^E WAS POSTED IN AT LEAST THE HIE£
PUBLIC RACES SPECIFIED FOR SUCH POSTINGS, BY THE SAID
CITY COUNCIL.
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CITY CLERK
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