Loading...
HomeMy WebLinkAboutOrdinance #1393 ORDINANCE No. 1393 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH PROVIDING FOR THE ABATE- MENT AND REMOVAL, AS PUBLIC NUISANCES, OF ABANDONED, WRECKED, DISMANTLED 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 VEHICLE CODE; ADD- ING ARTICLE 556 ENTITLED 'INOPERABLE VEHICLES' AND" REPEALING SECTIONS 9730.21 and 9730•22 OF THE HUNTINGTON BEACH ORDINANCE CODE. The City Council of the City of Huntington Beach does ordain as follows: Section 1. That Sections 9730.21 and 9730.22 of the Hunting- ton Beach Ordinance Code are hereby repealed. Section 2. In addition to and in accordance with the determin- ation made and the authority granted by the State of California un- der Section 22660 of the Vehicle Code to remove abandoned, wrecked, dismantled or inoperative vehicles or parts thereof as public nuisances, the City Council of the City of Huntington Beach makes the following findings and declarations. The accumulation and stor- age of abandoned, wrecked, dismantled, or inoperative vehicles or parts thereof on private property, to promote blight and deteriora- tion, to invite plundering, ta,create fire hazards, to constitute an attractive nuisance creating a hazard to the health and safety of minors, to create a harborate 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 1. Ord. No. 1393 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 ordinance. Section 3, That Article 556 entitled #Inoperable. Vehiclesw is hereby added to the Huntington Beach Ordinance Code to read in words and figures, as follows : ARTICLE 556 INOPERABLE VEHICLES Section 4. That the following sections are hereby added to the Huntington Beach Ordinance Code to read in words and figures, as follows: Section 5560. DEFINITIONS. For the purpose of this Article, the col ow ng words or phrases shall have the meanings hereinafter set forth, unless a different meaning is clearly in- tended from the context in which such word or phrase is used. Any word or phrase not herein defined shall have the meaning at- tributed to it in ordinary usage. Section 5560.1 VEHICLE means a device by which any person or proper y may be propelled, moved, or drawn upon a highway, except a device moved by human power or used exclu- sively upon stationary rails or tracks. Section 5560.2 HIGHWAY means a way or place of whatever nature, pu a�i`c�Iy maintained and open to the use of the public for purposes of vehicular travel. Highway includes street. Section 5560.3 PUBLIC PROPERTY does not include thighwayt . Section 5561 This Article shall not apply to: 2. Ord. No. 1393 Section 5561.1 A vehicle or part thereof which is completely enclosed within a building in a lawful manner where it is not visible from the street or other public or pri- vate property; or Section 5561.2 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, li- censed vehicle 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 provisions of law other than Chapter 10 (com- mencing with Section 22650) of Division II of the Vehicle Code and this Article. Section 5562. NOT EXCLUSIVE REGULATION. This Article is not the exclusive regu a ion of abandoned, wrecked, dismantled or inoperative vehicles within the City of Huntington Beach. It shall supplement and be in addition to the other regulatory codes, statutes, and ordinances heretofore or hereafter enacted by the City of Huntington Beach, the State, or any other legal entity or agency having jurisdiction. Section 5563. ENFORCEMENT: Except as otherwise provided here- in, Me provisions of this Article shall be administered and enforced by the Chief of police. In the en- forcement 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 identi-_t�ry of a vehicle and to remove or cause the removal of a vehicle or part thereof declared to be a nuisance pursuant to this Article. Section 5563.1 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 pri- vate property or public property to remove or cause the removal of a vehicle or parts thereof declared to be a nuisance pursuant to this Article. Section 5563.2 The City Council shall from time to time de- termine 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. Section 5564 HEARING: A public hearing shall be held on e question of abatement and removal of the vehicle or part 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 part thereof 3• Ord. No. 1393 against the property on which it is located. Notice of hear- ing shall be mailed at least ten days before the hearing by certified mail, with a five-day return requested to the own- er of the land as shown on the last equalized assessment roll and to the last registered and legal owner of record unless the vehicle is in such condition that identification numbers are not available to determine ownership. If any of the fore- going notices are returned undelivered by the United States Post Office, the hearing shall be continued to a date not less than ten days from the date of such return. Section 5564.1 NOTICE. Notice of hearing shall also be given To' T e California Highway patrol identifying the vehicle or part thereof proposed for removal, such notice to be mailed at least ten days prior to the public hearing. Section 5564.2 FACTS AND TESTIMONY. All hearings under this Article shall a eld before the City Council which shall hear all facts and testimony it 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 said private property or public property. The City Council 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, or through an agent, 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. Section 5564.3 CONDITIONS. The City Council may impose such conditions and take such other action as it deems appropriate- under the circumstances to carry out the purpose of this Article.- It may delay the time for removal of the vehicle or part thereof if, in its opinion, the circumstances justify it. At the conclusion of the public hearing, the City Council may find that a vehicle 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 admin- istrative 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 requiring removal shall include a description of the vehicle or part thereof and the correct Identification number and license number of the vehicle, if available at the site. Section 5564.4 If:.it is determined at the hearing that the vehicle was p aced on the land without the consent of the land owner and that he has not subsequently acquiesced in its pres- ence, the City Council shall not assess 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 land owner. 4. Ord. No. 1393 Section 5564.5 If an interested party makes a written pres- entation to the City Council but does not appear, he shall be notified in writing of the decision. Section REMOVAL. Five days after adoption of the or- der declaring the vehicle or parts thereof to be a public nuisance and five days from the date of mailing of notice of the decision, if such notice is required by this arti- cle, the vehicles or parts thereof may be disposed of by removal to a scrapyard or automobile dismantlerts yard. After a vehic- le has been removed it shall not thereafter be reconstructed or made operable. Section 5565.1 D.M.V. NOTIFICATION. Within five days after the date of removal o the vehicle or part thereof, notice shall be given to the Department of Motor Vehicles identi- fying 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 registration certificates, certificates of title and license plates. Section 5565.2 COSTS OF REMOVAL - A LIEN ON PROPERTY• If the administrative costs and the cos o removal which are charged agairbtthe owner of a parcel of land- pursuant to this article are not paid within 30 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. Section 5566 PENALTY• It shall be unlawful and a misdemeanor oor 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 abandoned, wrecked, dismantled or inoperative condition upon any private property or public. property not Itcluding highways within the City for a period in excess of ten days unless such 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 such vehicle is stored or parked in a lawful manner on private property in con- nection with the business of a licensed dismantler, licensed vehicle dealer or a junkyard. Section 5566.1 It shall be unlawful and a misdemeanor for any person to fail or refuse to remove an abandoned, wrecked , dismantled or inoperative vehicle or part thereof or refuse to abate such nuisance when ordered to do so in accordance with the abatement provisions of this article or State law where such State law is applicable. 5• Ord. No. 1393 Section 5567. SEVERABILITY. If any section, sub-section, 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 this City hereby declares that it would have adopted this ordinance and each section, sub-section, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, clauses, phrases or portions be declared in- valid or unconstitutional. Section 5, The City Clerk shall certify to the passage and adoption of this ordinance and shall cause the same to be published by one insertion in the Huntington Beach News, a weekly newspaper printed, published and circulated in the City of Huntington Beach, California, and thirty (30) days after the adoption thereof, the same shall take effect and be in force. PASSED AND ADOPTED by the City Council of the City of Hunting- ton Beach at a regular meeting held on the 19th day of February 1968. Mayo ATTES City C e APPROVED AS TO F RM• vIDAM BUSH C ty Atto 6. Ord, Nom1393 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss : CITY OF HUNTINGTON BEACH ) I , PAUL C. JONES , the duly elected, qualified , and acting City Clerk of the City of Huntington Beach and ex- officio Clerk of the City Council of the said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven; that the foregoing ordinance was read to said City Council at- a regular meeting thereof held on the 5th day of February , 19 68 , and was again read to said City Council at a regular meeting thereof held on the 19th day of February , 19 68 , and was passed and adopted by the affirmative vote of more than a majority of all the members of said City Council. AYES: Councilmen: Coen, Bartlett , Gisler, Kaufman, Stewart, Green, Shipley NOES: Councilmen: None ABSENT: Councilmen: None City Clerk ano ex-officio Clerk of the City Council of the City of Huntington Beach, California I. AAUL C. JONES, CITY CLERIC of the City At Huntington Beach and ex-officio Clerk of the City council, do hereby certify that this ordinance hag been u151i led in the Huntington Beach News on - 19, In accordance With City Charter of said City. .............................. Clerk Deputy City Clerk