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HomeMy WebLinkAboutAdopt Ordinance No. 4201 Repealing Chapter 8.48 and Adopting _ City of Huntington Beach -Al3s;e)vr File #: 20-1787 MEETING DATE: 8/3/2020 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Oliver Chi, City Manager PREPARED BY: Ursula Luna-Reynosa, Director of Community Development Subiect: Adopt Ordinance No. 4201 repealing Chapter 8.48 and adopting a new Chapter 8.48 of the Huntington Beach Municipal Code (HBMC) relating to Public Nuisance Abatement of Abandoned, Wrecked, Dismantled or Inoperative Vehicles Approved for introduction July 20, 2020 - Vote: 7-0 Statement of Issue: Code Enforcement often receives requests for service from the community regarding inoperable and abandoned vehicles on private property. There is a need to amend Huntington Beach Municipal Code Chapter 8.48 Inoperable Vehicles to update the process for abatement of Inoperable and Abandoned Vehicles consistent with the California Vehicle Code. If adopted by the City Council, the proposed amendment will enable the Code Enforcement Division to be more responsive to the citizens of Huntington Beach and improve the City's enforcement actions. Financial Impact: Not applicable. Recommended Action: Adopt Ordinance No. 4201, "An Ordinance of the City of Huntington Beach Repealing Chapter 8.48 and Adopting New Chapter 8.48 of the Huntington Beach Municipal Code Relating to Public Nuisance Abatement of Abandoned Vehicles." Alternative Action(s): Do not approve the recommended action and direct staff accordingly. Analysis: Since Chapter 8.48 of the Huntington Beach Municipal Code was originally adopted, updates to the California Vehicle Code relating to the process for the abatement of inoperable vehicles have been passed by the State. As the Community Development Department Code Enforcement Division works to modernize the City's processes, the need to update this code chapter has become necessary. City of Huntington Beach Page 1 of 2 Printed on 7/30/2020 powere224 LegistarTt° File #: 20-1787 MEETING DATE: 8/3/2020 If the proposed amendment is adopted by the City Council, the Code Enforcement Division will be able to cause the abatement by removal of inoperable vehicles on private property, thereby enhancing the City's enforcement actions. On an annual basis, Code Enforcement receives an average of 170 reported violations of abandoned and inoperable vehicles on private properties. The current process involves the issuance of a Notice of Violation, Final Notice, three different levels of civil citations, and further review by the City Attorney's Office for other legal remedies. The entire duration of this process-can take three (3) to five (5) months before an abandoned and inoperable vehicle violation is fully resolved. The proposed amendment provides a more efficient process for resolving these types of violations. Environmental Status: The proposed Huntington Beach Municipal Code amendments are exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15061 (b) (3) of the CEQA Guidelines because there is no potential for the amendments to have a significant effect on the environment. Strategic Plan Goal: Enhance and maintain high quality City services Attachment(s): 1. Ordinance 4201 amending Chapter 8.48 relating to Inoperable Vehicles 2. Legislative Draft - Chapter 8.48 - New 3. Legislative Draft - Chapter 8.48 - Repealing City of Huntington Beach Page 2 of 2 Printed on 7/30/2020 powereZ25y LegistarTM ORDINANCE NO. 4201 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH REPEALING CHAPTER 8.48 AND ADOPTING NEW CHAPTER 8.48 OF THE HUNTINGTON BEACH MUNICIPAL CODE RELATING TO PUBLIC NUISANCE ABATEMENT OF ABANDONED VEHICLES WHEREAS, the City Council finds that the accumulation and storage of Abandoned, Wrecked, Dismantled and Inoperable Vehicles and Vehicle Parts on private and public property, causes blight and deterioration in neighborhoods, invites plundering, creates fire hazards, constitutes an attractive nuisance and hazard to the health and safety of the community including minors, harbors rodents, vermin and insects, and is generally injurious to the health, safety and general welfare of the City and its residents. Therefore, the presence of Abandoned, Wrecked, Dismantled and Inoperable Vehicles, and Vehicle Parts, on private and public property, except as expressly provided herein, constitutes a public nuisance which may be abated; and WHEREAS, the Huntington Beach Charter and California Vehicle Code Sections 22660 and 22661 authorizes the City to adopt an ordinance establishing procedures for the abatement and removal, as public nuisances, of Abandoned, Wrecked, Dismantled and Inoperable Vehicles, and Vehicle Parts from private or public property, and for the recovery, pursuant to Government Code Section 38773.5 of the costs of administration and removal; NOW, THEREFORE, the City Council of the City of Huntington Beach does hereby ordain as follows: SECTION 1. Chapter 8.48 of the Huntington Beach Municipal Code is hereby repealed and replaced to read as follows: 8.48.010 Intent and Purpose This Chapter is intended to provide a procedure for the abatement of Abandoned, Wrecked, Dismantled and Inoperable Vehicles, and Vehicle Parts, and is enacted under the authority of the Huntington Beach Charter and Section 22660 of the California Vehicle Code. It is the intent of the City Council to provide that the abatement of public nuisances consisting of Abandoned, Wrecked, Dismantled and Inoperable Vehicles may be carried on either concurrently with or separately from the abatement of other conditions, if any, constituting a public nuisance on any premises within the City, as deemed appropriate under the circumstances. 8.48.020 Definitions For the purposes of this Chapter,the following terms shall mean as follows, unless the context in which they are used clearly indicates to the contrary: A. "Abandoned Vehicle"means a Vehicle abandoned on a street, public property or private property in such an inoperable or neglected condition and the Director determines that the owner relinquished all rights or interest in the Vehicle. 1 19-8132/231628/SFF ORDINANCE NO. 4201 B. "Director" means the Director of the Department of Community Development, or his or her designee. C. "Dismantled Vehicle" means any Vehicle which is partially or wholly disassembled. D. "Inoperable Vehicle"means any Vehicle in a condition that renders it unable to drive or unsafe for operation upon a street, or in which operation upon a street would violate the Vehicle Code or any other law or regulation related to the operation of Vehicles upon a street in the City of Huntington Beach or the State of California. E. "Vehicle Part" includes, but is not limited to, any item, device, component, frame, bumper, wheel or glass associated with a Vehicle. F. "Public Property" is any property owned by the City, or any State, County or local government agency. Public property does not include a street. G. "Street" means any highway, sidewalk, alley or right-of-way dedicated to the public, or maintained as private. H. "Vehicle" generally means a device, or substantial part of a device by which any person or property may be propelled, moved or drawn upon a street, except a device moved by human power or used exclusively upon stationary rails or tracks. The term Vehicle includes automobiles, tractors, boats, motorcycles, special purpose vehicle, etc. as well as trailers designed for carrying persons or property on its own structure and for being drawn by a motor Vehicle and so constructed that no part of its weight rests upon any other Vehicle. The term Vehicle includes any Abandoned, Dismantled, Inoperable, Wrecked or Part of a Vehicle. I. "Wrecked Vehicle" means any Vehicle, or a substantial part of a Vehicle that is damaged to such an extent that it cannot be operated upon the street. A Vehicle which has been wrecked in a traffic accident, and which has been removed from the street to a storage facility, but which has not been claimed by its owner, is not an Abandoned Vehicle. 8.48.030 Applicability This Chapter shall not apply to: A. A Vehicle or Vehicle Part,which is completely enclosed within a building in a lawful manner where it is not visible from the street or other public or private property. B. A Vehicle or Vehicle Part 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. C. These exceptions shall not authorize the maintenance of a public or private nuisance as defined under provisions of law other than this Chapter. 2 19-8132/217454/SFF ORDINANCE NO. 4201 8.48.040 Enforcement Except as otherwise provided herein, both the Police Chief and the Director of Community Development may administer and enforce the provisions of this Chapter. 8.48.050 Notice Upon discovery of an Abandoned,Wrecked, Dismantled or Inoperable Vehicle or Vehicle Part,the City may issue a ten(10)day Notice of Intention to abate and remove the Vehicle or Vehicle Part as a public nuisance. The notice shall be mailed,by registered or certified mail,to the 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 the identification number is not available to determine ownership. 8.48.060 Circumstances Where Notice of Intent Not Required. A Notice of Intention to Abate shall not be required: A. If the property owner and the owner of the Vehicle have signed releases authorizing removal and waiving further interest in the Vehicle or Vehicle Part. B. The Vehicle is located upon a parcel that either is zoned for agricultural use or is not improved with a residential structure containing one or more dwelling units and: 1. The Vehicle or Vehicle Part is inoperable due to the absence of a motor, transmission, or wheels and is incapable of being towed; 2. The Vehicle or Vehicle Part is valued at less than two hundred dollars ($200.00) by the Director; 3. The Director has determined that the Vehicle or Vehicle Part is a public nuisance presenting an immediate threat to public health and safety; 4. The property owner has signed a release authorizing the removal and waiving further interest in the Vehicle or Vehicle Part; and If a Vehicle is removed pursuant to this Section,prior to final disposition, the registered or legal owner shall be notified of the intent to dispose of the Vehicle or Vehicle Part. If the Vehicle or Vehicle Part is not claimed and removed from the scrapyard, automobile dismantler's yard or public disposal area within twelve (12) days after the notice to dispose of Vehicle is mailed, final disposition may proceed. 8.48.070 Public Hearing Upon Written Request. A. If the Vehicle owner or the owner of the property where the Vehicle is located requests a hearing within ten (10) days of mailing the Notice of Intention to Abate, the Director shall conduct a public hearing. The landowner and/or Vehicle owner 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 and his/her reasons for such denial. B. At the public hearing, the Director shall hear all relevant facts and testimony. The Director shall determine two questions: 3 19-8132/217454/SFF ORDINANCE NO. 4201 1. Whether the Vehicle or Vehicle Part is Abandoned, Wrecked, Dismantled, or Inoperable Vehicle or Vehicle part such that it is a public nuisance. 2. Whether the City should assess the administrative costs and the costs of removal of the Vehicle, or Vehicle Part, against the property on which it is located in consideration of the circumstances that lead to the Vehicle or Vehicle Part being located on the property. C. If the City does not receive a request for a hearing within 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 Vehicle Part, as a public nuisance without holding public hearing. 8.48.080 Notice of Decision. A. At the conclusion of the public hearing, the Director may find that a Vehicle or Vehicle Part has been Abandoned, Wrecked, Dismantled, or Inoperable such that it is a public nuisance and ordered removal or disposal, and determine the administrative costs and the cost of removal and disposal to be charged against the responsible person. The order requiring removal shall include a description of the Vehicle, or Vehicle Part, and the correct identification number and license number of the Vehicle, if available at the site. B. Director shall not assess the costs of administration or removal of the Vehicle or Vehicle Part against the property upon which the Vehicle or Vehicle Part is located if he or she determines that the Vehicle or Vehicle Part was placed on the property without the owner's consent. C. Any interested party makes a written statement to the Director but does not appear, he/she shall be notified in writing of the decision. D. The Director's decision shall be final and set forth in an order that is mailed to both the owner of the property and the owner of the Vehicle or Vehicle Part. The order shall specify that the Vehicle or Vehicle Part shall be removed from the property within fifteen (15) days of the mailing of the order to the property owner and owner of the Vehicle or Vehicle Part. 8.48.090 Notice of Removal to Department of Motor Vehicles. The Director will provide notice to the DMV identifying the Vehicle removed, or the parts thereof within 5 days after removal. The Director shall also transmit to the DMV any evidence of registration available, including, but not limited to the registration card, certificates of ownership, and license plates. 8.48.100 Removal—Costs—Lien If the administrative costs and the cost of removal which are charged against the owner of a parcel of land pursuant to this chapter are not paid within 30 days of the date of the order, 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. The assessment shall have the same priority as other City taxes. 4 19-8132/217454/SFF ORDINANCE NO. 4201 8.48.110 Violation---Abandonment It is unlawful and an infraction for any person to abandon or fail or refuse to remove an abandoned, wrecked, dismantled or inoperative vehicle or part thereof or refused to abate such nuisance when ordered to do so in accordance with the abatement provisions of this chapter or state law where such law is applicable. SECTION 2. This Ordinance shall become effective 30 days after its adoption. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 3rd day of August , 2020. Mayor ATTEST: APPROVED AS TO FORM: . � U . City Clerk City Attomjy �\ WWA VED: INITIATED AND APPROVED: City Director of Community Development 5 19-8132/217454/SFF Ord. No. 4201 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH ) I, ROBIN ESTANISLAU, the duly elected, qualified City Clerk of the City of Huntington Beach, and ex-officio Clerk of the City Council of 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 July 20, 2020, and was again read to said City Council at a Regular meeting thereof held on August 3,2020, and was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council. AYES: Posey, Delgleize, Hardy, Semeta, Carr, Brenden NOES: None ABSENT: Peterson ABSTAIN: None I,Robin Estanislau,CITY CLERK of the City of Huntington Beach and ex-officio Clerk of the City Council,do hereby certify that a synopsis of this ordinance has been published in the Huntington Beach Wave on August 13,2020. In accordance with the City Charter of said City. Robin Estanislau, City Clerk City Clerk and ex-officio Clerk Deputy City Clerk of the City Council of the City of Huntington Beach, California LEGISLATIVE DRAFT HBMC 8.48 8,48,010 Intent and Purpose This Chapter is intended to provide a procedure for the abatement of Abandoned, Wrecked. Dismantled and Inoperable Vehicles, and Vehicle Parts, and is enacted under the authority of the Huntington Beach Charter and Section 22660 of the California Vehicle Code. It is the intent of the City Council to provide that the abatement of public nuisances consistin of Abandoned. Wrecked, Dismantled and Inoperable Vehicles may be carried on either concurrently with or separately from the abatement of other conditions, if any, constituting a public nuisance on anpremises within the City, as deemed appropriate under the circumstances. 8,48,020 Definitions For the pumoses of this Chapter,the following terms shall mean as follows, unless the context in which they are used clearly indicates to the contrary: A. "Abandoned Vehicle"means a Vehicle abandoned on a street, public property or private property in such an inoperable or neglected condition and the Director determines that the owner relinquished all rights or interest in the Vehicle. B. "Director"means the Director of the Department of Community Development, or his or her designee. C. "Dismantled Vehicle"means any Vehicle which is partially or wholly disassembled. D. "Inoperable Vehicle"means any Vehicle in a condition that renders it unable to drive or unsafe for operation upon a street, or in which operation upon a street would violate the Vehicle Code or any other law or regulation related to the operation of Vehicles upon a street in the City of Huntington Beach or the State of California. E. "Vehicle Part" includes, but is not limited to, any item, device, component, frame. bum>l wheel or glass associated with a Vehicle. F. "Public Property' is any Dropea owned by the City, or any State. County or local government agency. Public property does not include a street. G. "Street"means any highway, sidewalk, alley or right-of-way dedicated to the public. or maintained as private. H. "Vehicle" eg nerally means a device, or substantial part of a device by which any person or property be propelled,moved or drawn upon a street, except a device moved by human power or used exclusively upon stationary rails or tracks. The term Vehicle includes automobiles,tractors. boats, motorcycles, special purpose vehicle, etc. as well as trailers designed for carrying persons or prqpe on its own structure and for being drawn by a motor Vehicle and so constructed that no part of its weight rests upon any other Vehicle. The term Vehicle includes any Abandoned, Dismantled, Inoperable Wrecked or Part of a Vehicle. 1. "Wrecked Vehicle"means any Vehicle, or a substantial part of a Vehicle that is damaged to such an extent that it cannot be operated upon the street. A Vehicle which has been wrecked in a traffic accident. and which has been removed from the street to a storage facility,but which has not been claimed by its owner, is not an Abandoned Vehicle. 8,48,030 Applicability This Chapter shall not applyto: A. A Vehicle or Vehicle Part,which is completely enclosed within a building in a lawful manner where it is not visible from the street or other public or private property. B. A Vehicle or Vehicle Part 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. C. These exceptions shall not authorize the maintenance of a public or private nuisance as defined under provisions of law other than this Chapter. 8,48,040 Enforcement Except as otherwise provided herein, both the Police Chief and the Director of Community Development may administer and enforce the provisions of this Chapter. 8,48,050 Notice Upon discovery of an Abandoned,Wrecked,Dismantled or Inoperable Vehicle or Vehicle Part,the Ci may issue a ten(10)day Notice of Intention to abate and remove the Vehicleor Vehicle Part as a public nuisance. The notice shall be mailed,by registered or certified mail,to the 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 the identification number is not available to determine ownership. 8,48,060 Circumstances Where Notice of Intent Not Required. A Notice of Intention to Abate shall not be required: A. If the property owner and the owner of the Vehicle have signed releases authorizing removal and waiving further interest in the Vehicle or Vehicle Part. B. The Vehicle is located upon a parcel that either is zoned for agricultural use or is not improved with a residential structure containing one or more dwelling units and : 1. The Vehicle or Vehicle Part is inoperable due to the absence of a motor,transmission, or wheels and is incapable of being towed; 2. The Vehicle or Vehicle Part is valued at less than two hundred dollars($200.00) by the Director: 3. The Director has determined that the Vehicle or Vehicle Part is a public nuisance presenting an immediate threat to public health and safety: 4. The property owner has signed a release authorizing the removal and waiving further interest in the Vehicle or Vehicle Part: and If a Vehicle is removed pursuant to this Section, prior to final disposition, the registered or legal owner shall be notified of the intent to dispose of the Vehicle or Vehicle Part. If the Vehicle or Vehicle Part is not claimed and removed from the scrap vard. automobile dismantler's yard or public disposal area within twelve(12)days after the notice to dispose of Vehicle is mailed, final disposition may proceed. 8,48,070 Public Hearing Upon Written Request. A. If the Vehicle owner or the owner of the property where the Vehicle is located requestsmquests a hearing within ten(10)days of mailing the Notice of Intention to Abate.the Director shall conduct a public hearing. The landowner and/or Vehicle owner may 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 and his/her reasons for such denial. B. At the public hearing, the Director shall hear all relevant facts and testimony. The Director shall determine two questions: 1. Whether the Vehicle or Vehicle Part is Abandoned, Wrecked, Dismantled, or Inoperable Vehicle or Vehicle part such that it is a public nuisance. 2. Whether the City should assess the administrative costs and the costs of removal of the Vehicle or Vehicle Part against the property on which it is located in consideration of the circumstances that lead to the Vehicle or Vehicle Part being located on the property. C. If the City does not receive a request for a hearing within 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 Vehicle Part, as a public nuisance without holding public hearing. 8,48,080 Notice of Decision. A. At the conclusion of the public hearing, the Director may find that a Vehicle or Vehicle Part has been Abandoned, Wrecked, Dismantled, or Inoperable such that it is a public nuisance and ordered removal or disposal, and determine the administrative costs and the cost of removal and disposal to be charged against the responsible person. The order requiring removal shall include a description of the Vehicle, or Vehicle Part, and the correct identification number and license number of the Vehicle, if available at the site. B. Director shall not assess the costs of administration or removal of the Vehicle or Vehicle Part against the property upon which the Vehicle or Vehicle Part is located if he or she determines that the Vehicle or Vehicle Part was placed on the property without the owner's consent. C. Any interested party makes a written statement to the Director but does not appear he/she shall be notified in writing of the decision. D. The Director's decision shall be final and set forth in an order that is mailed to both the owner of the property and the owner of the Vehicle or Vehicle Part. The order shall specify that the Vehicle or Vehicle Part shall be removed from the property within fifteen(15)days of the mailing of the order to the property owner and owner of the Vehicle or Vehicle Part. 8,48,090 Notice of Removal to Department of Motor Vehicles. The Director will provide notice to the DMV identifying the Vehicle removed, or the parts thereof within 5 days after removal. The Director shall also transmit to the DMV any evidence of registration available, including, but not limited to the registration card certificates of ownership, and license plates. 8,48,100 Removal—Costs—Lien If the administrative costs and the cost of removal which are charged against the owner of a parcel of land pursuant to this chapter are not paid within 30 days of the date of the order, 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. The assessment shall have the same priority as other City taxes. 8,48,110 Violation---Abandonment It is unlawful and an infraction for any person to abandon or fail or refuse to remove an abandoned wrecked, dismantled or inoperative vehicle or part thereof or refused to abate such nuisance when ordered to do so in accordance with the abatement provisions of this chapter or state law where such law is applicable. LEGISLATIVE DRAFT HBMC 8.48 8.48.010 intent and Fof!the purpose of this chaptef,the folio-wifig words and phfases shall have the faeanings hefeafter-se fofth unless a diffef!ent meaning is eleafly intended 4om the eonte*t in whieh sueh wor-d or phrase is u Anywofd or-phrase not her-ein defined shall have the meaning altributed to it in or-dinary usage� "Highway"fneans away of plaee of whatever nature publiely maintained and open to the tise of thee "Inoperable vehiele"means anyvehielewhieh does not qtfali6,to be operated tipoli a highway under the Vehiele Code of the Sta4e of Califomia. "Publie property"does not ineltide highway-. "A"eh*ele"means a deviee bywhieh any per-son or-pr-opef:ty may be pr-opelled, moved or-drawn upon a highway eyreept a deviee moved by human power-or-used e*e1usively upon stationaf�,r-ails o tr-aeks. (1393 3/64 1449 10/64 This ehapter shall not apply te: A. kN,ehieleor-paftther-eofA,hiehiseofnpletel�,eiielosedinabuildifigifiala",fiiimanfier-" ;t; of visible F om the street of!other publ;,. .,to p eft<,. Of This ehaptef is not the exelusive regulation of >wfeeked, within the City. it shall supplement and be in addition to the athef:f:egtilat0f�' eOdes, statute ofdifianees hefetofofe or hereafter enaeted by the >the sta4e, of any other-legal entity of ageney deputies may entef upon pfivate of publie pr-opefty to examine a vehiele of paft thereof-, or obtai When the City Gotineil has eontraeted with of gr-anted a ffanehise to an),pefson Ew per-sons, sueh pefson or-pefsons shall be authorized to enter-upon pfivate pfopef4y or publie pfopefty to femove of-eattse the The Gily Couneil shall fFE)fn tifne to time deter-mine and fix an amotifit to be assessed as administr-ative eosts (excluding the aettial costs of femoval of an),vehiele of!paft thefeof) under-this chapter. (13 93 3/68) 8.4o nn�batement abandoned,A publie heafing shall be held ofi the question of aba4efnent and femoval of the vehiele or part thefeef as an wreeked, dismantled or-ifiapefa4ive vehiele and the assessment of the administfa4ive eo4s heafing shall be mailed at least 10 days before the heafing by eef4iged mail,with a Ave day r-ettim requested to the owfier-of the !a-nd as sho-Affi on the last equalized assessment r-oil and to the last fegistefed available to detefmine owner-ship. if any of the foregoing notiees afe fettifned u the United Sta4es Post Offiee,the heaf ing shall be eofitinued to a date not less than 10 days fFE)Ffl the date of sueh rates„-.. (1393 3/64 lNotiee of hearing shall also be given to the Califofnia Highway Patfol identifying the vehiele of pa thefeof pfoposed for-r-emoval, stiek notiee to be mailed a4 least 10 days prior-to the publie heafifig. (1393 t h�Q� All heafings under-this ehaptef shall be held befofe the City Council whieh shall heaf all faets and testimany it deems peftifient. Said facts and testimony may ifieltide testimeny on the eondition of the pfopefty. The City Gottneil shall not be kmited by the teehnieal rules of evidenee. The ownef of the land vehiele on the land, with his of her-feasons for-stieh denial. (1393 3/68) 8.48.120 Abatement Geunei' Aea:_ The City Couneil may impose stieh eonditions and take stieh othef aetion as it deems appfopr-iate under the eketimstanees to eaff:y out the purpose of this ehapter. it may delay the tifne fof reffloN the vehiolo of paftther-eef > inits > femoval to be ehafged against the owner of the pafeel of land on whieh the vehicle of pai4 thefeof is 8.48.130 LandewneF Not Assessed if it is determined at the heafing that the vehiele was plaeed on the land WithOHt the 6E)Hseflt Of the assess eosts of administfation of removal of the vehiele against the propefty uponwhich the vehiele is if an inter-ested pafty makes a wr-44en present4ion to the C=4y,Gotineil but does not appear-, he of she shall be notified in writing of the deeision. (1393 3/68 8.48.150 Order-to Renwwe Five days after-isstianee of the ofdef deelafing the vehiele or-pai4s thereof to be a publie nuisance and five days ffom the date of maiiing of notiee of the deeision as required by this ehaptef,the vehieles or-paFts thefeof may be disposed of by femoval to a sefapyaf!d or-automobile City Couneil may find that a vehiele or part thet!eof has been abandoned, wr-eeked, dismantled or-is registfution ee fti fic.,tos> ee ft;4:,..,tos of t;tlo and t;,.o, se plates. (1 393 3/68) 8.48170 Removn:—Eests-6ef. abandon,if the adfflinistfative eosts and the eost of removalwhieh are ehar-ged against the owner-of a pafeel of!a pur-suant to this ehaptef are not paid within 30 days of the date of the ordef, of the final disposition of an appeal ther-effem, sueh eests shall be assessed against the pafeel of land ptir-stiant to Seetion 38773.5 o the Government Gode and shall be transmitted to the twi eolleeior-for-ealleetion.The assessment shall it is ufila,,A,ful and an infraetion for-any pefson to pafli, store, abandonment, pafkifig, an abandoned,, dismantled or- ndition upon any pfivate property or-publie propefly thereof is eempletely enelosed within a building in a!a-,,A,ful manner where it is not plain!),visible 4ofn the street or-other-publie of!pfivate propefty, or unless sueh vehiele is stofed or-par-ked in a lawful malifie i'1393 2/68 1935 11/74) it is tinlawful and an infr-aetiofi fof any pefson to fail or fe4tse to r-emove an abandoned, > in aeeor-danee with the abatement pr-ovisions of this ehaptef or state lawwhefe sueh ja3w is applieable. 1393 2/64> 1935 11/'74) ^Pl° oVEb IAMAD W417" 7-0 City of Huntington Beach �/��,,� � /J �IEA /www'/`�/�{.w.► File #: 19-1130 MEETING DATE: 7/20/2020 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Oliver Chi, City Manager PREPARED BY: Ursula Luna-Reynosa, Director of Community Development Subject: Approve for Introduction Ordinance No. 4201 repealing Chapter 8.48 and adopting a new Chapter 8.48 of the Huntington Beach Municipal Code (HBMC) relating to Public Nuisance Abatement of Abandoned, Wrecked, Dismantled or Inoperative Vehicles Statement of Issue: Code Enforcement often receives requests for service from the community regarding inoperable and abandoned vehicles on private property. There is a need to amend Huntington Beach Municipal Code Chapter 8.48 Inoperable Vehicles to update the process for abatement of Inoperable and Abandoned Vehicles consistent with the California Vehicle Code. If adopted by the City Council, the proposed amendment will enable the Code Enforcement Division to be more responsive to the citizens of Huntington Beach and improve the City's enforcement actions. Financial Impact: Not applicable. Recommended Action: Approve for introduction Ordinance No. 4201, "An Ordinance of the City of Huntington Beach Repealing Chapter 8.48 and Adopting New Chapter 8.48 of the Huntington Beach Municipal Code Relating to Public Nuisance Abatement of Abandoned Vehicles." (Attachment No. 1) Alternative Action(s): Do not approve the recommended action and direct staff accordingly. Analysis: Since Chapter 8.48 of the Huntington Beach Municipal Code was originally adopted, updates to the California Vehicle Code relating to the process for the abatement of inoperable vehicles have been passed by the State. As the Community Development Department Code Enforcement Division works to modernize the City's processes, the need to update this code chapter has become necessary. If the proposed amendment is adopted by the City Council, the Code Enforcement Division will be City of Huntington Beach Page 1 of 2 Printed on 7/17/2020 powered LegistarT' File #: 19-1130 MEETING DATE: 7/20/2020 able to cause the abatement by removal of inoperable vehicles on private property, thereby enhancing the City's enforcement actions. On an annual basis, Code Enforcement receives an average of 170 reported violations of abandoned and inoperable vehicles on private properties. The current process involves the issuance of a Notice of Violation, Final Notice, three different levels of civil citations, and further review by the City Attorney's Office for other legal remedies. The entire duration of this process can take three (3) to five (5) months before an abandoned and inoperable vehicle violation is fully resolved. The proposed amendment provides a more efficient process for resolving these types of violations. Environmental Status: The proposed Huntington Beach Municipal Code amendments are exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15061 (b) (3) of the CEQA Guidelines because there is no potential for the amendments to have a significant effect on the environment. Strategic Plan Goal: Enhance and maintain high quality City services Attachment(s): 1. Ordinance 4201 amending Chapter 8.48 relating to Inoperable Vehicles 2. Legislative Draft - Chapter 8.48 - New 3. Legislative Draft - Chapter 8.48 - Repealing City of Huntington Beach Page 2 of 2 Printed on 7/17/2020 powereM7 LegistarTM City Council/ ACTION AGENDA July 20, 2020 Public Financing Authority ORDINANCES FOR INTRODUCTION 21. 19-1130 Approved for Introduction Ordinance No. 4201 repealing Chapter and adopting a new Chapter 8.48 of the Huntington Beach Municipal Code (HBMC) relating to Public Nuisance Abatement of Abandoned, Wrecked, Dismantled or Inoperative Vehicles Recommended Action: Approve for introduction Ordinance No. 4201, "An Ordinance of the City of Huntington Beach Repealing Chapter 8.48 and Adopting New Chapter 8.48 of the Huntington Beach Municipal Code Relating to Public Nuisance Abatement of Abandoned Vehicles." (Attachment No. 1) Approved 7-0 as amended— staff to share future enforcement update with Council COUNCILMEMBER ITEMS 22. 20-1760 Item Submitted by Mayor Semeta Denied - Consideration of a Prohibition on the City's use of Public Funds for any Tax Measure Advocacy Recommended Action: After assessaRg the situatiOR, 1 believe that HuntiR&R E3eaGh should eRaGt safeguards to OF ed6lGatdGn. 1 am FequeStiRg that the City GE)URGil vote to dFreGt the Gity AtterRey tG prepare Failed 2-5 (Posey, Delgleize, Hardy, Carr, Brenden-No) At 11:05 PM, a motion was made by Brenden, second Delgleize, to continue the meeting past the hour of 11:00 PM. The motion was approved by a consensus of Council. 23. 20-1761 Item Submitted by Councilmember Peterson Tabled - Proposed establishment of a 40+ Bed Temporary Emergency Shelter at the City's Public Works Yard on Gothard Street Recommended Action: Pursuant to the powers of the City to address a health and safety crisis, and pursuant to the City's Emergency Declaration, direct the City Manager bring back a proposal in 2 weeks for the establishment of a 40+ bed temporary emergency shelter in the City Public Works Yard on Gothard Street. The shelter should be considered temporary and be constructed with basic necessities. Table Item for 2 Weeks Approved 5-2(Semeta, Peterson-No) 24. 20-1762 Submitted by Councilmember Posey - Consideration of a Resolution of the City Council acknowledging Hoag Memorial Hospital ORDINANCE NO. 4201 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH j REPEALING CHAPTER 8.48 AND ADOPTING NEW CHAPTER 8.48 OF THE' HUNTINGTON BEACH MUNICIPAL CODE RELATING TO PUBLIC NUISANCE ABATEMENT OF ABANDONED VEHICLES WHEREAS, the City Council finds that the accumulation and storage gtAbandoned, Wrecked, Dismantled and Inoperable Vehicles and Vehicle Parts on private sand public property, causes blight and deterioration in neighborhoods, invites plundering, crea*s fire hazards, constitutes an attractive nuisance and hazard to the health and safety of,the community including minors, harbors rodents, vermin and insects, and is generally injurious to the health, safety and general welfare of the City and its residents. Therefore, the presence of Abandoned, Wrecked, Dismantled and Inoperable Vehicles, and Vehicle Parts, on private and public property, except as expressly provided herein, constitutes a public nuisance which tnay be abated; and WHEREAS, the Huntington Beach Charter and Ca4ornia Vehicle Code Sections 22660 and 22661 authorizes the City to adopt an ordinance establishing procedures for the abatement and removal, as public nuisances, of Abandoned, Wrecked, Dismantled and Inoperable Vehicles, and Vehicle Parts from private or public property, and for the recovery, pursuant to Government Code Section 38773.5 of the costs of administration/ and removal; NOW, THEREFORE,the City Council,/f the City of Huntington Beach does hereby ordain as follows: SECTION 1. Chapter 8.48 of the /p Huntington Beach Municipal Code is hereby repealed and replaced to read as follows: 8.48.010 Intent and Purpose This Chapter is intended to provide a procedure for the abatement of Abandoned, Wrecked, Dismantled and Inoperable Vehicles,and Vehicle Parts, and is enacted under the authority of the Huntington Beach Charter an Section 22660 of the California Vehicle Code. It is the intent of the City uncil to provide that the abatement of public nuisances consisting of Abandoned, Wrecked, Dismantled and Inoperable Vehicles may be carried on either concurrently with or se arately from the abatement of other conditions, if any, constituting a public nuisance on premises within the City, as deemed appropriate under the circumstances. 8.48.020 DefinitioAs For the purposes/of this Chapter, the following terms shall mean as follows, unless the context in which they aroused clearly indicates to the contrary: A. "Abandoned Vehicle"means a Vehicle abandoned on a street, public property or private property in such an inoperable or neglected condition and the Director determines that the owner relinquished all rights or interest in the Vehicle. i 19-8132/231628/SFF R-�rvrs 222 ORDINANCE NO. 4201 B. "Director" means the Director of the Department of Community Development, or/ his or her designee. C. "Dismantled Vehicle" means any Vehicle which is partially or wholly disassembled. D. "Inoperable Vehicle"means any Vehicle in a condition that renders it unable to drive or unsafe for operation upon a street, or in which operation upon a street would violate the Vehicle Code or any other law or regulation related to the operation of Vehicles upon a street in the City of Huntington Beach or the State of California. E. "Vehicle Part" includes,but is not limited to, any item, device, component, frame, bumper, wheel or glass associated with a Vehicje. F. "Public Property"is any property owned by the City, or any State, County or local government agency. Public property does not include a street. G. "Street" means any highway, sidewalk, alley br right-of-way dedicated to the public, or maintained as private. H. "Vehicle" generally means a device,or Substantial part of a device by which any person or property may be propelled,'Moved or drawn upon a street, except a device moved by human power or used exclusively upon stationary rails or tracks. The term Vehicle includes automoiles, tractors, boats,motorcycles, special purpose vehicle, etc. as well as tfailers designed for carrying persons or property on its own structure and for being drawn by a motor Vehicle and so constructed that no part of its weight reses upon any other Vehicle. The term Vehicle includes any Abandoned, Dismantled, Inoperable, Wrecked or Part of a Vehicle. I. "Wrecked Vehicle"mans any Vehicle, or a substantial part of a Vehicle that is damaged to such an extent that it cannot be operated upon the street. A Vehicle which has been wrked in a traffic accident, and which has been removed from the street to a sto ge facility, but which has not been claimed by its owner, is not an Abandoned Vehicle. 8.48.030 Applicability i This Chapter shall not apj y to: i A. A Vehicle or Vehicle Part,which is completely enclosed within a building in a lawfamanner where it is not visible from the street or other public or private property. B. 'Vehicle or Vehicle Part which is stored or parked in a lawful manner on /pivate 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. These exceptions shall not authorize the maintenance of a public or private nuisance as defined under provisions of law other than this Chapter. 2 /454/SFF19-813V21*7 223 ORDINANCE NO. 4201 8.48.040 Enforcement Except as otherwise provided herein, both the Police Chief and the Director of Community Development may administer and enforce the provisions of this Chapter. ' i 8.48.050 Notice Upon discovery of an Abandoned,Wrecked,Dismantled or Inoperable Vehicle r Vehicle Part,the City may issue a ten(10)day Notice of Intention to abate and remove the Ve ' e or Vehicle Part as a public nuisance. The notice shall be mailed,by registered or certified mail,/to the 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 the identification number is not available to determine ownership. 8.48.060 Circumstances Where Notice of Intent Not Required. A Notice of Intention to Abate shall not be required A. If the property owner and the owner oft Vehicle have signed releases authorizing removal and waiving further interest in the,Vehicle or Vehicle Part. B. The Vehicle is located upon a parce,I that either is zoned for agricultural use or is not improved with a residential structure containing one or more dwelling units and: l. The Vehicle or Vehicle Partis inoperable due to the absence of a motor, transmission, or wheels agd is incapable of being towed; 2. The Vehicle or Vehiclg/Part is valued at less than two hundred dollars ($200.00) by the Dir etor; 3. The Director has determined that the Vehicle or Vehicle Part is a public nuisance presenting an immediate threat to public health and safety; 4. The propertX 6wner has signed a release authorizing the removal and waiving further interest in the Vehicle or Vehicle Part; and If a Vehicle is removed pursuant to this Section,prior to final disposition,the registered or legal owner shall be notified of/the intent to dispose of the Vehicle or Vehicle Part. If the Vehicle or Vehicle Part is not claimed and removed from the scrapyard, automobile dismantler's yard or public disposal area within twelve (12) days after the notice to dispose of Vehicle is mailed, final disposition may proceed. 8.48.070 Pu$lic Hearing Upon Written Request. A. }f the Vehicle owner or the owner of the property where the Vehicle is located requests a hearing within ten (10)days of mailing the Notice of Intention to Abate,the Director shall conduct a public hearing. The landowner and/or Vehicle owner 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 and his/her reasons for such denial. /19-8132/2174.54/SFF At the public hearing,the Director shall hear all relevant facts and testimony. The Director shall determine two questions: 3 224 ORDINANCE NO. 4201 l. Whether the Vehicle or Vehicle Part is Abandoned, Wrecked, Dismantled, or Inoperable Vehicle or Vehicle part such that it is a public nuisan 2. Whether the City should assess the administrative costs and the costs of removal of the Vehicle, or Vehicle Part, against the property on which it is located in consideration of the circumstances that lead to tN Vehicle or Vehicle Part being located on the property. C. If the City does not receive a request for a hearing within te4�10) days after mailing of the notice of intention to abate and remove, the,eity shall have the authority to abate and remove the Vehicle, or Vehicle Pit, as a public nuisance without holding public hearing. ' 8.48.080 Notice of Decision. A. At the conclusion of the public hearing,the Dirqttor may find that a Vehicle or Vehicle Part has been Abandoned, Wrecked,/Oismantled, or Inoperable such that it is a public nuisance and ordered removal,br disposal, and determine the administrative costs and the cost of removal and disposal to be charged against the responsible person. The order requVng removal shall include a description of the Vehicle, or Vehicle Part, and the,dorrect identification number and license number of the Vehicle, if availably/at the site. B. Director shall not assess the cos of administration or removal of the Vehicle or Vehicle Part against the proporty upon which the Vehicle or Vehicle Part is located if he or she determi ies that the Vehicle or Vehicle Part was placed on the property without the ownir's consent. C. Any interested party makes a written statement to the Director but does not appear, he/she shall Jae notified in writing of the decision. D. The Director's decision shall be final and set forth in an order that is mailed to both the owner of the property and the owner of the Vehicle or Vehicle Part. The order shall sp96fy that the Vehicle or Vehicle Part shall be removed from the property wi�hin fifteen(15)days of the mailing of the order to the property owner and owneyof the Vehicle or Vehicle Part. 8.48.090 Notice o/f Removal to Department of Motor Vehicles. The Director will pr vide notice to the DMV identifying the Vehicle removed, or the parts thereof within 5 d after removal. The Director shall also transmit to the DMV any evidence of registration avai�ble, including,but not limited to the registration card, certificates of ownership, and license 7Removal--Costs—Lien es.8.48.100 If the adi?rnistrative costs and the cost of removal which are charged against the owner of a parcel o land pursuant to this chapter are not paid within 30 days of the date of the order, such costs all be assessed against the parcel of land pursuant to Section 38773.5 of the Government Cod and shall be transmitted to the tax collector for collection. The assessment shall have the s e priority as other City taxes. 4 19-8132/217454/SFF 225 ORDINANCE NO. 420) 8.48.110 Violation---Abandonment It is unlawful and an infraction for any person to abandon or fail or refuse to remove an abandoned, wrecked, dismantled or inoperative vehicle or part thereof or refused to abate such nuisance when ordered to do so in accordance with the abatement provisions of this chapter or state law where such law is applicable. SECTION 2. This Ordinance shall become effective 30 days after its adoption. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the day of , 2020. Mayor ATTEST: APPROVED AS TO FORM: City Clerk City Attorney �N l REVIEWED AND APPROVED: INITIATED AND APPROVED: City Manager Director of Community Development 5 14-8132/217454/SFF 226 LEGISLATIVE DRAFT HBMC 8.48 8,48,010 Intent and Purpose This Chapter is intended to provide a procedure for the abatement of Abandoned, Wrecked. Dismantled and Inoperable Vehicles. and Vehicle Parts, and is enacted under the authority of the Huntington Beach Charter and Section 22660 of the California Vehicle Code. It is the intent of the City Council to provide that the abatement of public nuisances consisting of Abandoned, Wrecked. Dismantled and Inoperable Vehicles may be carried on either concurrently with or separately from the abatement of other conditions, if any, constitutingaa public nuisance on any premises within the City, as deemed appropriate under the circumstances. 8,48,020 Definitions For the purposes of this Chapter, the following terms shall mean as follows, unless the context in which they are used clearly indicates to the contrary: A. "Abandoned Vehicle"means a Vehicle abandoned on a street,public property or private property in such an inoperable or neglected condition and the Director determines that the owner relinquished all rights or interest in the Vehicle. B. "Director"means the Director of the Department of Community Development. or his or her designee. C. "Dismantled Vehicle"means any Vehicle which is partially or wholly disassembled. D. "Inoperable Vehicle"means any Vehicle in a condition that renders it unable to drive or unsafe for operation upon a street, or in which operation upon a street would violate the Vehicle Code or any other law or regulation related to the operation of Vehicles upon a street in the City of Huntington Beach or the State of California. E. "Vehicle Part"includes.but is not limited to, any item, device, component, frame, bumper wheel or glass associated with a Vehicle. F. "Public Property" is any property owned by the City, or any State, County or local government agency. Public property does not include a street. G. "Street"means any highway, sidewalk, alley or right-of-way dedicated to the public, or maintained as private. H. "Vehicle" generally means a device, or substantial part of a device by which any person or property may be propelled,moved or drawn upon a street, except a device moved by human power or used exclusively upon stationary rails or tracks. The term Vehicle includes automobiles, tractors, boats motorcycles, special purpose vehicle, etc. as well as trailers designed for carrying persons or property on its own structure and for being drawn by a motor Vehicle and so constructed that no part of its weight rests upon any other Vehicle. The term Vehicle includes any Abandoned, Dismantled, Inoperable Wrecked or Part of a Vehicle. I. "Wrecked Vehicle"means any Vehicle, or a substantial part of a Vehicle that is damaged to such an extent that it cannot be operated upon the street. A Vehicle which has been wrecked in a traffic accident, and which has been removed from the street to a storage facility,but which has not been claimed by its owner, is not an Abandoned Vehicle. 227 8,48.030 Applicability This Chanter shall not apply to: A. A Vehicle or Vehicle Part,which is completely enclosed within a building in a lawful manner where it is not visible from the street or other public or private property. B. A Vehicle or Vehicle Part 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. C. These exceptions shall not authorize the maintenance of a public or private nuisance as defined under provisions of law other than this Chapter. 8,48.040 Enforcement Except as otherwise provided herein, both the Police Chief and the Director of Community Development may administer and enforce the provisions of this Chapter. 8,48,050 Notice Upon discovery of an Abandoned.Wrecked.Dismantled or Inoperable Vehicle or Vehicle Part.the City may issue a ten(I O)day Notice of Intention to abate and remove the Vehicle or Vehicle Part as a public nuisance. The notice shall be mailed,by registered or certified mail,to the 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 the identification number is not available to determine ownership. 8,48,060 Circumstances Where Notice of Intent Not Required. A Notice of Intention to Abate shall not be required: A. If the property owner and the owner of the Vehicle have signed releases authorizing removal and waiving further interest in the Vehicle or Vehicle Part. B. The Vehicle is located upon a parcel that either is zoned for agricultural use or is not improved with a residential structure containing one or more dwelling units and : 1. The Vehicle or Vehicle Part is inoperable due to the absence of a motor,transmission, or wheels and is incapable of being towed• 2. The Vehicle or Vehicle Part is valued at less than two hundred dollars ($200.00)by the Director: 3. The Director has determined that the Vehicle or Vehicle Part is a public nuisance presenting an immediate threat to public health and safety: 4. The property owner has signed a release authorizing the removal and waiving further interest in the Vehicle or Vehicle Part: and If a Vehicle is removed pursuant to this Section,prior to final disposition,the registered or legal owner shall be notified of the intent to dispose of the Vehicle or Vehicle Part. If the Vehicle or Vehicle Part is not claimed and removed from the scrapyard, automobile dismantler's yard or public disposal area within twelve 12) days after the notice to dispose of Vehicle is mailed, final disposition may proceed. 8,48,070 Public Hearing Upon Written Request. A. If the Vehicle owner or the owner of the property where the Vehicle is located requests a hearing within ten(10) days of mailing the Notice of Intention to Abate.the Director shall conduct a public hearing. The landowner and/or Vehicle owner may appear in person at the hearing or present a 228 sworn written statement in time for consideration at the hearing and deny responsibility for the presence of the Vehicle on the land and his/her reasons for such denial. B. At the public hearing,the Director shall hear all relevant facts and testimony. The Director shall determine two questions. 1. Whether the Vehicle or Vehicle Part is Abandoned. Wrecked. Dismantled, or Inoperable Vehicle or Vehicle part such that it is a public nuisance. 2. Whether the City should assess the administrative costs and the costs of removal of the Vehicle, or Vehicle Part, against the property on which it is located in consideration of the circumstances that lead to the Vehicle or Vehicle Part being located on the property. C. If the City does not receive a request for a hearing within 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 Vehicle Part, as a public nuisance without holding public hearing 8,48,080 Notice of Decision. A. At the conclusion of the public hearing,the Director may find that a Vehicle or Vehicle Part has been Abandoned. Wrecked, Dismantled, or Inoperable such that it is a public nuisance and ordered removal or disposal, and determine the administrative costs and the cost of removal and disposal to be charged against the responsible person.The order requiring removal shall include a description of the Vehicle, or Vehicle Part, and the correct identification number and license number of the Vehicle if available at the site. B. Director shall not assess the costs of administration or removal of the Vehicle or Vehicle Part against the property upon which the Vehicle or Vehicle Part is located if he or she determines that the Vehicle or Vehicle Part was placed on the property without the owner's consent. C. Any interested party makes a written statement to the Director but does not appear. he/she shall be notified in writing of the decision. D. The Director's decision shall be final and set forth in an order that is mailed to both the owner of the property and the owner of the Vehicle or Vehicle Part. The order shall specify that the Vehicle or Vehicle Part shall be removed from the property within fifteen(15) days of the mailing of the order to the property owner and owner of the Vehicle or Vehicle Part. 8,48,090 Notice of Removal to Department of Motor Vehicles. The Director will provide notice to the DMV identifying the Vehicle removed, or the parts thereof within 5 days after removal. The Director shall also transmit to the DMV any evidence of registration available including, but not limited to the registration card, certificates of ownership, and license plates. 8,48,100 Removal—Costs—Lien If the administrative costs and the cost of removal which are charged against the owner of a parcel of land pursuant to this chapter are not paid within 30 days of the date of the order, 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. The assessment shall have the same priority as other City taxes. 8,48,110 Violation---Abandonment It is unlawful and an infraction for any person to abandon or fail or refuse to remove an abandoned. wrecked dismantled or inoperative vehicle or part thereof or refused to abate such nuisance when ordered to do so in accordance with the abatement provisions of this chapter or state law where such law is as ply 229 LEGISLATIVE DRAFT HBMC 8.48 9.48.010 intent and LL �gg�� C� 7 For-the pt"ose of this ehapter-,the following words and phrases shall have the meanings hereafter set foi4h tmiess a different meaning is eleafly intended ffem the eontext in whieh sueh wor-d a. ph-- Any word of phfase not hefein defined shall have the meaning at4r-ibu4ed to it in or-dinafy usage: "Highway" pttblieioi p1p6985 ofvehiettlaf tfav . "Highway" ' eludes sife2t. ccInoperable vehicle" means any vehiele�"ieh does not qualif-j,to be opefated upon a highway v„lo,.the 3,lehi..10 (`ode of the State of r''.,1;F ;., cc » a highway exeept a deviee moved by human powef of used exeltisively ttpon stationafy r-ails af rraeks (1393 3/68 lnnn 10/64) This ,.haptor shall not apply te: ;t; of visible♦'-rem the street ., alher,�.ubli.. .,to p eft. as au aava. va�ivv-i , of B. A vehicle or pat4 thereof whieli is stor-ed or-parked in a lawful iva4e pfopefty in stteh b e torr.r;so (1393 3/64) Nothing in this seetion shall author-ize the maintenanee of a p4lie of private nuisanee as defined tffiElef > with Seetion > Code and this ehaptef. (1393 3,169) 230 abandoned,within the City. it shall s"plement and be in addition to the other-fegulater-y eades, statutes ---- or-dinanees hei:etofafe of her-eafter-efiaeted by the City,the state, of any ot-hef legal entity of agene� Except as other-wise py-ovided herein,the pfavisions of this ehapter-shall be administered and enfofeed by deputies may enter-upon pfivate E)r-publie property to examine a vehiele or-paft they-eof-, or-obtaLn E)r-pefseiis shall be authorized to enter-ijpon pr-ivate pr-opei4y of p�iblie pr-opeAy to remove or-cattse the The City Couneil shall 4-om time to time detefmine and fix an afna;unt to be assessed as administrative A publie hearing shall be held on the question of abatement and r-emoval of the vehiele of pai4 thereof as an > mail,hear-ing shall be mailed 4 least 10 days before t4e hearing by eet4iged with a five day r-etu r-equested to the awner-of the land as shewn on the last equalized assessment r-all and to the last r-egistere and legal owner of feeor-El unless the vehiele is in sueh oondition that identifieation numbers are no available to detefmine owner-ship. if any of the foregoing notiees afe r-etumed undelivefed by the United St4es Post Of4ee,the heafing shall be eontinued to a date not less thmi 10 days-fio... i.- dale of stleh (1393 2/64) 8.48.9688-ilea Isloeti-ee. ae-f-lbeafing shall also be given to the Galif;qmia Highway Pa4r-ol identiflying the vehiele or-paA ther-eaf proposed for-r-emoval, stieh notiee to be mailed at least 10 days pr-iof to the publie hear-ing. (1393 231 8.48-140-.Vinci Facts and TesT�v,,� All heafings tmder-this ehapter-shall be held befefe the City Ceiineil whieh shall heaf all faets and pr-opefty. The City Gouneil shall not be limited by the teehfiieal r-t+les of evidenee. The ownef of the land vehiele on the land,with his of hef reasons fef stieh denial. (1393 3�68) 8.48.120 Abatement -Eoi„ciI Actien The City Goidneil may impose sueb conditions and take sueh ethef aetion as it deems appr-opfiate iindef the eifeumstanees to eany out t4e pufpE)se of this ehapter, it may delay the time for-r-effloval 0 of paf4 thereof if-, in its opinion,the eifettffistanees justify it. At the oonelusion of the publie heafing, the nuisanee and disposed of as hefeinafter-provided and detefmine the admiiiist+a4ive eosts and the eest of 8.48.130 Landewner- Not Assessed if it is deteffnimed a+the heafing that the vehiele was plaeed on the!and withotA the eonsent of the- landowner-and that he or-she has not subsequefftly aeqttieseed in its pr-esetiee,the Gity Geiineil shall not 4 48 1 AA Ili...:..:en Nett a to inter-PSE-ed D+..tv if an intefested pafty makes a wfit4en pr-esenta4ion to the City Couneil btit does not appeaf,he or-she shall be notified; F ting of the Eleeision. (1393 2169) days fFE)fn the da4e of mailing of fietiee of the deeision as feEtttir-ed by this 8.48.150 Order-to Ren%ve the vehieles of pafts been, 0.1 ;t slia 1 not the fe.,f+o-be r-eeonstnietedor- add operable. (1 393 3 169) 8.48.160 RemAif —Motor. rcTTc�cvcvtrrcmcnc-ravciriccr Within five days aftef the date 4r-efnoval of the vehiele of paA t4efeofl,notiee shall be given to the 232 8.48.170 Remeva1--Eests l+eti if the adfninistr-ative eests and the east of fefflaval whieh are ehafged against the owner of a pafeel of!a ptif suant to this ehaptef af e not paid within 30 days of the Elate of the E)r-Eler-, or-t4e final disposition of an appeal therefrom, sueb eosts shall be assessed against�he pafeel of land pufstiant to Seetion 38773.5 of have the saffle priefity as ..Tor City twigs (1 393 348.) it is tinlawful and an inffaetion for-any per-son to abandon, > stefe, >par4ing, stor-ing or-leaving of any lieensed of tmlieensedvehiele of pai4 thereof which is iR thefeef is completely enelosed within a building in a lawfiil manner- whefe it is not plainly visible ffom jtinkz,afd. (1393 32169 1935 11,174) 8.48.190 Welatmen to Renffwe abandoned,it is u-niawful and an inffaetion fef any pefson to fail or-r-eftise to femove an wfeeked, in aeeer-Elanee with the abatement pr-ovisions of this ehapter-of state law whefe sueh law is applieable. (1393 2169 1935 11 4) 233 r CITY OF HUNTINGTON BEACH fA" '9b9* REPEAL HUNTINGTON BEACH MUNICIPAL CODE (HBMC) CHAPTER 8.48 INOPERABLE VEHICLES & ADOPT REPLACEMENT CHAPTER RELATING TO PUBLIC NUISANCE ABATEMENT OF ABANDONED VEHICLES COMMUNITY DEVELOPMENT DEPARTMENT CODE ENFORCEMENT DIVISION J U LY 20, 2020 Topics for Discussion 1. Code Enforcement's role in the community 2 . Importance of Abatement of Inoperable and Abandoned Vehicle 3 . California Vehicle Code (CVC) 22660 4. HBMC 8.48 S . Enforcement Procedure 4 6. Recommendation CODE ENFORCEMENT'S ROLE IN THE COMMUNITY 1. Communities face challenges with unmaintained properties, illegal construction, substandard housing violations, zoning issues, and inoperable and abandoned vehicles. 2. Communities that have areas of blight and deteriorated properties may eventually see an increase in the amount of crime and a significant decrease in property values. 3. Code Enforcement officers provide the first line of action in making sure that these issues are managed in a responsible and effective way. rT f x _ IMPORTANCE OF ABATEMENT OF INOPERABLE AND ABANDONED VEHICLE -FIRE HAZARD x -ENVIRONMENTAL HAZARD (OIL OR FUEL SPILL) -PUBLIC NUISANCE -BROKEN WINDOW THEORY -CHRONIC OUTDOOR STORAGE -ILLEGAL AUTO REPAIR -- -ILLEGAL DUMPING -REDUCES PROPERTY VALUE a 'rl REPORTED PROPERTIES WITH ABANDONED & INOPERABLE VEHICLES TO CODE ENFORCEMENT 200 150 100 50 Annual 250 Average 170 Properties CALIFORNIA VEHICLE CODE CVC 22660 VEHICLE CODE -VEH DIVISION 11. RULES OF THE ROAD [21000 - 23336] (Division 11 enacted by Stats. 1959, Ch. 3. ) CHAPTER 10. Removal of Parked and Abandoned Vehicles [22650 - 22856] (Chapter 10 enacted by Stats. 1959, Ch. 3. ) ARTICLE 1. Authority to Remove Vehicles [22650 - 22711] (Article 1 enacted by Stats. 1959, Ch. 3. ) 22660. Notwithstanding any other provision of law, a city, county, or city and county may adopt an ordinance establishing procedures for the abatement and removal, as public nuisances, of abandoned, wrecked, dismantled, or inoperative vehicles or parts thereof from private or public property, and for the recovery, pursuant to Section 25845 or 38773.5 of the Government Code, or assumption by the local authority, of costs of administration and the removal. (Amended by Stats. 1988, Ch. 126, Sec. 1.) California Legislative Information Huntington Beach Municipal Code 8.48. 180 — Inoperable Vehicle "It is unlawful and an infraction 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 abandoned, wrecked, dismantled or inoperative condition upon any private property or public property not including highways within the City for a period in excess of 10 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 connection with the business of a licensed dismantler, licensed vehicle dealer or a junkyard. (1393-3/68, 1935-11/74)" ADDED DEFINITIONS TO HBMC 8 . 48 . 020 "Abandoned Vehicle" means a vehicle abandoned on a street, public property, or private property in such an inoperable or neglected condition and the Director determines that the owner relinquished all rights or interest in the vehicle. "Dismantled Vehicle" means any vehicle which is partially or wholly disassembled. "Inoperable vehicle" means any vehicle that in a condition that renders it unable to drive or unsafe for operation upon a street, or in which operation upon a street would violate the Vehicle Code or any other law or regulation related to the operation of vehicles upon a street in the City of Huntington Beach or State of California. "Vehicle Part" includes, but is not limited to, any item, device, component, frame, bumper, wheel or glass associated with a vehicle. DEFINITIONS CONTINUED . . . "Vehicle" generally means a device, or substantial part of a device by which any person or property may be propelled, moved or drawn upon a street, except a device moved by human power or used exclusively upon stationary rails or tracks. The term Vehicle includes automobiles, tractors, boats, motorcycles, special purpose vehicle, etc., as well as trailers designed for carrying persons or property on its own structure and for being drawn by a motor Vehicle and so constructed that no part of its weight rests upon any other Vehicle. The term Vehicle includes any Abandoned, Dismantled, Inoperable, Wrecked or Part of a Vehicle. "Wrecked vehicle" means any vehicle, or a substantial part of a vehicle that is damaged to such an extent that it cannot be operated upon a street. A vehicle which has been wrecked in a traffic accident, and which has been removed from the roadway to a storage facility, but which has not been claimed by its owner, is not an abandoned vehicle. INOPERABLE AND ABANDONED VEHICLES t II �M �pli u+ i =s c INOPERABLE AND ABANDONED VEHICLES FROM SINGLE FAMILY HOME OR MULTI-FAMILY DWELLING t 9YI2096 1a n;t A# t _ � . r= .� T ENFORCEMENT PROCEDURE • Reactive or Proactive;Take Action on a Confirmed Inoperable/Abandoned Code Violation • Officers Will Contact Property Owner/Occupant At Subject Property • Officers Will Obtain Registered Owner's Information from Latest DMV Record • Abatement Notices Issued to Property Owner and Registered Owner of Vehicle for a Ten (10) Day Compliance • • Copy of Notice will be posted on Vehicle and at Subject Property • Abatement Notices Will Provide 10 Days to Comply or Request A Hearing • Appearance at Hearing or Sworn Written Statement • Different Resources Are Provided to the Property Owner/Vehicle Owner for Voluntary Compliance • •Time Extension May Be Warranted Depending On Underlining Circumstances • Vehicle Is Removed from Property Through Voluntary Compliance or City Abatement Efforts • City will obtain an Abatement Warrant from Court RECOMMENDATION Approve for Introduction Ordinance No. 4201 Repealing Chapter 8.48 and Adopting A New Chapter 8.48 of the Huntington Beach Municipal Code Relating to the Public Nuisance Abatement of Abandoned Vehicles. Ohl- Thank You and Questions ' • ,f 7/21/2020 CITY OF HUNTINGTON BEACH REPEAL HUNTINGTON BEACH MUNICIPAL CODE (HBMC) CHAPTER 8.48 INOPERABLE VEHICLES & ADOPT REPLACEMENT CHAPTER RELATING TO PUBLIC NUISANCE ABATEMENT OF ABANDONED VEHICLES COMMUNITY DEVELOPMENT DEPARTMENT CODE ENFORCEMENT DIVISION J U LY 20, 2020 Topics for Discussion 1. Code Enforcement's role in the community 2. Importance of Abatement of Inoperable and Abandoned Vehicle 3. California Vehicle Code (CVC) 22660 4. HBMC 8.48 S. Enforcement Procedure _ 6. Recommendation � � i COMMUNICATION Meeting Date,. 1 Agenda !tam No, �/ ll GI— l� / 7/21/2020 CODE ENFORCEMENT'S ROLE IN THE COMMUNITY 1. Communities face challenges with unmaintained properties, illegal construction, substandard housing violations, zoning issues, and inoperable and abandoned vehicles. 2. Communities that have areas of blight and deteriorated properties may eventually see an increase in the amount of crime and a significant decrease in property values. 3. Code Enforcement officers provide the first line of action in making sure that these issues are managed in a responsible and effective way. IMPORTANCE OF ABATEMENT OF INOPERABLE AND ABANDONED VEHICLE -FIRE HAZARD "'Sa -ENVIRONMENTAL HAZARD(OIL OR FUEL SPILL) .• -PUBLIC NUISANCE -BROKEN WINDOW THEORY -CHRONIC OUTDOOR STORAGE - j ' ri ILLEGAL DUMPING ILLEGAL AUTO REPAIR r l I -REDUCES PROPERTY VALUE ' - - - b 2 7/21/2020 REPORTED PROPERTIES WITH ABANDONED & INOPERABLE VEHICLES TO CODE ENFORCEMENT 250 200 150 100 so 0 2019 Annual Average 170 Properties CALIFORNIA VEHICLE CODE CVC 22660 VEHICLE CODE-VEH DIVISION 11.RULES OF THE ROAD[21000-233361 (Division 11 enacted by Stars.1959,Ch.3.) CHAPTER 10.Removal of Parked and Abandoned Vehicles[22650-228561 (Chapter 10 enacted by Stars.1959,Ch.3.) ARTICLE 1.Authority to Remove Vehicles[22650-22711] (Article 1 enacted by Stats.1959,Ch.3.) 22660. Notwithstanding any other provision of law,a city,county,or city and county may adopt an ordinance establishing procedures for the abatement and removal,as public nuisances,of abandoned, wrecked,dismantled,or inoperative vehicles or parts thereof from private or public property,and for the recovery,pursuant to Section 25845 or 38773.5 of the Government Code,or assumption by the local authority,of costs of administration and the removal.(Amended by Stats.1988,Ch.126,Sec.1.) California Legislative Information 3 7/21/2020 Huntington Beach Municipal Code 8.48.180 — Inoperable Vehicle "It is unlawful and an infraction 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 abandoned,wrecked,dismantled or inoperative condition upon any private property or public property not including highways within the City for a period in excess of 10 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 connection with the business of a licensed dismantler, licensed vehicle dealer or a junkyard.(1393-3/68, 1935-11/74)" HJ2] ADDED DEFINITIONS TO HBMC 8.48.020 "Abandoned Vehicle"means a vehicle abandoned on a street,public property,or private property in such an inoperable or neglected condition and the Director determines that the owner relinquished all rights or interest in the vehicle. "Dismantled Vehicle"means any vehicle which is partially or wholly disassembled. "Inoperable vehicle"means any vehicle that in a condition that renders it unable to drive or unsafe for operation upon a street,or in which operation upon a street would violate the Vehicle Code or any other law or regulation related to the operation of vehicles upon a street in the City of Huntington Beach or State of California. "Vehicle Part"includes, but is not limited to,any item,device,component,frame,bumper,wheel or glass associated with a vehicle. 4 7/21/2020 DEFINITIONS CONTINUED... "Vehicle"generally means a device,or substantial part of a device by which any person or property may be propelled, moved or drawn upon a street,except a device moved by human power or used exclusively upon stationary rails or tracks. The term Vehicle includes automobiles,tractors,boats,motorcycles,special purpose vehicle,etc.,as well as trailers designed for carrying persons or property on its own structure and for being drawn by a motor Vehicle and so constructed that no part of its weight rests upon any other Vehicle. The term Vehicle includes any Abandoned, Dismantled, Inoperable, Wrecked or Part of a Vehicle. "Wrecked vehicle"means any vehicle,or a substantial part of a vehicle that is damaged to such an extent that it cannot be operated upon a street. A vehicle which has been wrecked in a traffic accident,and which has been removed from the roadway to a storage facility,but which has not been claimed by its owner,is not an abandoned vehicle. INOPERABLE AND ABANDONED VEHICLES ig NOTE � b 5 7/21/2020 INOPERABLE AND ABANDONED VEHICLES FROM A HOARDING INVESTIGATION INOPERABLE AND ABANDONED VEHICLES FROM SINGLE FAMILY HOME OR MULTI-FAMILY DWELLING 7 ,r-r- r- 6 7/21/2020 INOPERABLE AND ABANDONED VEHICLES e ENFORCEMENT PROCEDURE •Reactive or Proactive;Take Action on a Confirmed Inoperable/Abandoned Code Violation •Officers Will Contact Property Owner/Occupant At Subject Property J •Officers Will Obtain Registered Owner's Information from Latest DMV Record •Abatement Notices Issued to Property Owner and Registered Owner of Vehicle for a Ten(10)Day Compliance •Copy of Notice will be posted on Vehicle and at Subject Property •Abatement Notices WIII Provide 10 Days to Comply or Request A Hearing •Appearance at Hearing or Sworn Written Statement •Different Resources Are Provided to the Property Owner/Vehicle Owner for Voluntary Compliance •Time Extension May Be Warranted Depending On Underlining Circumstances •Vehicle Is Removed from Property Through Voluntary Compliance or City Abatement Efforts •City will obtain an Abatement Warrant from Court 7 7/21/2020 RECOMMENDATION Approve for Introduction Ordinance No. 4201 Repealing Chapter 8.48 and Adopting A New Chapter 8.48 of the Huntington Beach Municipal Code Relating to the Public Nuisance Abatement of Abandoned Vehicles. Thank You and Questions • 8