HomeMy WebLinkAboutOrd. No. 1968-453-45525~
ORDINANCE N0. 453
AN ORDINANCE ~ROViDIN~ FOR THE ABATEMENT AND REMOVAL
AS~PUBLIC NUISANCES OF ABANDONED, WRECKED; DISMANTLED ?: ,..
OR INOPERATIVE VEHICLES OR PARTS THEREOF~FI~OM'PAIPATE
PROPERTY OR PUBLIC PROPERTY NOT INCLUDING HTGH~dAYS
AND RECOVERY. OF COSTS OF ADMINISTRATION THEREOF A,S
AUTHORIZED BY SECTION 22660 VEHICLE CODE.
The CityC6unuit of the City of Elsinore does ordain as
follows:
SECTION l: In addition to and in accordance with the
determination made and the authority.grantcd by the State of California under
SQetion 22660. 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 hereby found to create a condition tending to reduce the value of
private property, to promote blight and deterioration, to invite plundering, to
create fire hazards.,, to constitute an attractive nuisance-creating a hazard to
the health and safety of minors, to create a harborage for rodents and insects
and to be :injurious to the health, safety and general welfare. Therefore the
presence of an abandoned, wrecked, dismantled or inoperative vehicle or part
thereof, on private or public. property not including highways; except as expressly
hereinafter permitted, is hereby declared to constitute a. public nuisance which
may be abated as such in accordance with the provisions of this ordinance.
As used in this Ordinance:
(a) The term "vehicle" means a device by which ax~y person or
property may be propelled, moved, or drawn upon a highway, except a device
moved by human power or used exclusively upon stationary rails or tracks.
(b) The:~term "highway" means a way or place of'~vhatever
nature; publicly maintained and open to the use 'of the public for purposes
of vehicular travel. Highway. includes street..
(c) The,:' term "public property" does not include "highway"..
SECTION 2: This Ordinance shad not apply to:
(a) 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 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 Qehicle dealer, a junk dealer, or when such storage or
i 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 (commencing with Section `22650) of Division 11 of the Vehiclee Code
and this Ordinance.
SECTION 3: This Ordinance is not the exclusive regu7.ation of
abandoned, wrecked, dismantled or inoperative vehicles within the city. It
shall supplement and be in addition to the other regulartory codes, statutes,
and ordinances heretofore 'or hereafter enacted by the city, the State, or any
other legal entity or agency having jurisdiction.
SECTION 4: Except as otherwise provided herein, the provisions
of this Ordinance shall be administered and enforced by the Chief of Police. In
the enforcement of this. Ordinance such officer and his deputies may enter upon
private or public property to examine a vehicle or parts thereof, or obtain
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information as to the identity of a vehicle and to remove or cause the removal
of a vehicle or part thereof declared to be a nuisance pursuant to this Ordinance.
SECTION 5: Flhen the City Council has contracted with or granted
a franchise to at~y persom or :persons, ouch 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 Ordinance.
SECTION 6: The City Council shall from time to time determine and
fix an amount to be assessed as administrative costs excluding the actual cost of
removal of any vehicle or part thereof under this Ordinance.
SECTION 7: A public hearing shall be held on the 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 against the property on
which it is located. Notice of hearing shall be mailed at least ten days before
the hearing by certified mail, with a five day return requested, to the owner
of the land as shown on the last equalized county assessment roll and to the
last registered and legal owner of record unless the vehicle is in such con-
dition that identification numbers are not available to determine ownership.
If any of the foregoing 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 8;:'Notice,eo£ hearing shall also be given to the
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 9: All hearings under this Ordinance shall be held
before the Chief_of Police 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 .publi¢`property. The Chief of,Police 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 presenee,of the vehicle:on the land, with his: reasons for such denial.:
The :'Chief of Police. may impose such:.conditions and take: such
other action as it;deemseappropriate under the circumstances to carry-out
the purpose of this:Ordinance. It:may delay the time for removal'of the
vehicle or part thereof 3f, in its: opinion, the circumstances justify it:
At the conclusion of the public hearing, the Chief of Police may find that a
vehicle or partahereof: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
administrative .costs andthe cost. of removal.
SECTION 10 r.: It-shall be unlawflzl_and a misdemeanor for any
person to abandon; park, store,:orrleave or permit the abandonment, parki.ng~
storing or leaving of an,}c;lieensed or unlicensed vehicle or part thereof which is
in an abandoned, wrecked, dismantled or inoperative condition upon auy private
property or public proerty not ;includi.ng,highways within the: City for a period
in excess of five: days unless:such vehicle or part thereof in completely enclosed
within a building;;in a lawfuliraanner: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 lewful manner on private, property in: connection with the business
of a licensed.dismantler,: tensed vehicle,dealer or a:,junkyard.
SECTION 11: It shall be unlawful and a misdemeanor for ashy person to
fail or refuse to_removetan 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.:Ordinance or State Law where such State Law
is applicable. _'
:SECTION 12: Anyviolations of this ,ordinance shall constitute a •.
misdemeanor and any peTSOSx or persons found guilty thereof of any violation of : j
this ordinance shall be punishable by a fine not exceeding x"500 or imprfisonment
of a term not exceeding;s2x months or,by-both said fine and imprisonment.
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SECTION 13: The,City Clerk shall certify to the adoption-of this
ordinance and cause it to be published as required by law.
ADGPiED by.the Mayor and City.Council and signed by the Pdayor
and attested to by the. City Clerk this 22nd day of January, 1868
ATTEST:
s, T.R. Yarborough
Mayor of the City of Elsinore,
s/Florene Marshall -
City Clerk of the .City of Elsinore
ORDINANCE N0.
454'
AN ORDINANCE'OT THE CIfiY OF ELSINORE, CALIFORNIA
~' REQUIRING A PEft80N IN CONNEGTTON WITH GOING OtPP
OF BUS7NESS SALES;TO OBTAIN PERMITS; TO FILE AN
INVENTORY; MAKING IT A VIOLATION OF LAW AND
PROVIDING PENALTIES FOR ANY VIOLAT~SflNS. ,
• The City Councll of the City of Elsinore does ordain as follows-
SECTION l: It shall be unlawflxl. for any person to advertise or
conduct any sale oP goods, wares, or merchandise that is represented as 8n in-
solvent business, assignment Por the benefit oP creditors or closing-out
liquidation, or closing or going out of business sale which represented or in-
tended to lead the public to believe that upon the disposal of the goods. to
be placed on sale, the business being conducted in any aubject_loeation will
is cease, be removed, or discontinued, without first filing with the City Clerk
the inventory of all goods, wares, and.merchandise which is the subject of
any such-sale axid obtainixig from the Eity Clerk a license to be-known as
"Going~Out.of Business" sale..: The fee Por such license shall be-fixed as
follows: 'for a period not exceeding thirty days $20.00; for a period not
exceeding sixty Pive dstys; $30.00; for a period not exceeding: ninety days,
~ $50.00; provided, that oxily one such lioense shall be issued to'any oneperson
within a three year periods and no such.lioense s~in].3 be-issued for less than
thirty nor more than ninety days. The provisions: of this ordinance do-.not
apply to foreclosures, bankruptcy, or other similar sales conducted under the
direction or pursuant to the order of court of a governmental agency. This
ordinance shall-not apply to sales of-goods, wares-and merchandise done in
the usual and.normat course of business and not Por-the purpose. of going out
of-buainese-or cariplete liquidation oP ali goods,-wares or merchandise.
SECTION S;: The inventory shall contain s complete-and accurate.
i list of the stock of goods,-wares and merchandise to be sold at any sale for
which a license is hereby required, together-with the wholesale price thereof,
which inventory or list shall be signed by the person seeking the license or
I by a resident agent thereunto authorized,-and by aPPidavlt at the Poot thereof,
~. he or such agent shall swear or aPYirm that the information: therein given: is
j full and true and known by him or such agent to be sa.
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q SECTION 3: The City Clerk mpy, ixi his discretion, verify
the details oP an inventory filed. in~eecordsnee with Section 2 above, or
Cf he may check and: verify the items of merchandise sold during the-sale, and
f any persoxi to whom a Going Out of Business Sale Licexiae has been issued-'
f shall proi+ide the City Clerk with all Pacts connected with the stock on hand
or the proper information oP goods sold or any other information-that he may
reasonably require in order'to make a thorough investigation oP the-sale.
Section 4: Tt shall be unlawful for aqy persoxi to-sell, offer "
or expose Por sale at any such sale or to list on such inventory, any goods,
wares or merchandise which are not the regular stock or the store or other
place; the business oP which 3s to be closed out by such-sale, or to make any
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replenishments or additions to such_stoek, Por.the purposes of such sale, or
during the time thereof, or to Pail, neglect or refuse to keep accurate records
of the articles oP :thi~gg gu7:dtfrem Which records the City Clerk may ascertain
the kind and quality or the number sold.
SECTION 5:. It shall be unlawful for ,any person eoaducting,
managing, or carrying on-.any sale as provided by this ordinance, tomake anyy
false or misleading statements or representation, either verba7,ly or in
writing contrary to the provisions of this ordinance.
SECTION 6; Any, violations. of this ordinance shall constitute
a misdemeanor and any person or persons found guilty thereof of any violation
of this ordinance shall be punishable by a Pine not exceeding $500 or imprisomnent
of a term not exceeding six months or by .both said fine and imprisonment.
. SECTION 7: The City Clerk shall certify to the adoption
of. this ordinance and osuse it to be published as required by law.
ADOFTED by the Mayor cad Cit3* Council and signed liy `the Mayor
and attested to by. the City Clerk this 26th day oP February, `1968
s/T.R. Yarbo
Mekyor of thQ City nf:Elsinore
ATTEST•
,'
s/Florene Marshall
City Clerk of_the City of Elsinore
ORDINANCE NO.,~+55 ~
AN ORDINANCE..QF THE CITY OF ELSTNORE, CALIFORNIA
..AMENDING PQRTIONS ~F SUBSECTIONS 3: AND 4 OF SECTION
B -0F ARTICLE $ OF ORDINANCE N0. `446.0' THE CITY OF.
ELSINORE,,CALIFORNIA, PEE2TATNING TO SEWER SERVICE
FEES.
The. Mayor and City Council aii the City oP Asinore, California,
do ordain as follows: _
SECTION 1: Subsection 3 oP Section B of Article 5~ of Ordinance
No. 446 is hereby emended by striking therefrom the sum of ONE ($1.00) DOLLAR
as coatained therein and substituting therefor the. sum of FIFTY;($.50) CENTS.
SECTION 2: .:Subsection ~+ of. Section 8 oP Article 5 of Ordinance
No. 446 is hereby.emended'by striking therefrom the sum of ONE DOLLRR ANI3 FIFPY
CENTS ($1.50) as eoatained therein end substituting therefor the sum of-ONE
DOLLAR AND TWENTY-FIVE CENTS ($1:25)•
SECTION 3; The City Clerk .of the City oP,Elsim re, California,
is hereby ordered to certify the passage oP the ordinance and cease the same
to be published in the manner provided by law.
ADOPTED by the Mayor and Gity Council and,sigried by the Mayor
sad attested to by'the City; Clerk this 13th day oP February, 1968,
s/T:R. Yarborough '
,Mayor gf the' City'of Elsinore
ATTEST;.
a/ Florene Marshall
L"i~y L°le-rTf` ~ieZ'3 0~' Elsinore