HomeMy WebLinkAboutOrd. No. 1974-533
ORDINANCE NO. 5ss
AN ORDINANCE PRGVIDZNG FOR THE ABATE~NT
AN'D RENOVAL AS PUBLIC NUISANCES OF ABANDONED,
WRECKED, DZSt~L4NTLED OR INOPERATIVE VEHICLES
OR PARTS THEREOF FROM PRIVATE PROPERTY GR
PUBI,:€C P~GPERTY NOT INCLUDING HIGHWAYS, AND
RECO`IERY QF COSTS OF ADMINISTRATION THEREOF
AS AUTHGRIZED BY SECTION 2266t?,VEHICLE CODE.
THE P~LAYOR AND THE CITY COUNCIL OF THE CITY OF ELSINORE,
CALIFGRNIA, Dfl ORDAIN AS FOLLOW:
Section l: In addition to and in accordance with the deter-
mination made and the authority granted by the State of California
under Section 22550 of the Vehicle Code to remove abandoned,
wrectced, dismantled or inoperative vehicles or parts thereof as
p~sbli_c nuisances, the City Council of the City of Zake Elsinore
hereby makes the following findings. and declarations:
The accumulatian and storage of. abandoned, wrectced, dismantled,
or inoperative vehicles: or parts thereof on private or publi.c'pro-
per?~y 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 nuisuance creating a hazard to the
health and safety of minors, to create a harborage for rodents
a nd insects and to be injurious to the .health, safety and general
welfare. .Therefore, the presence of an abandoned, wrested, di~-
mantled or inopesati.ve vehicle or parts thereofy on private or
pudic property not including highways, except as e:i~ressly herein-
after permitted, is hereby declared to constitute a public xiuisarice
which may be abated as such in accordance with the provisions of
this llydinance.
!as used in r_his Ordinance:
(a} .The term "vehi.cle" moans a device by iahich any person
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nr property may 'ae propelled, moved, or drawn upon a highway,
except a d4vice moved by h~zman power or used exclusively upon _
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stationary rails or tracks.
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{b) The term "highway" means a sway or places of whatever natures
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."
(d) The term "owner of the land" means the owner of the land
pn which the vehicle, or parts thereof, is located, as shown on the
last equalized assessment roll.
(e) The term "owner of the vehicle" means the last registered
owner and legal owner of record.
Section 2: This Ordinance shall not apply to3
{a) A vehicle, or parts thereof, which is completelq encl_ospd
within a bui"lding in a lawful manner where it is not visible from ti '
street or other public or private property ,• or '-
(b} ~ vehicle, or parts thereof, which is stored or parked
in a 1.awfuT. manner onprivate property i,n connection with. the
b~:csiness of a licensed dismantler, licensed vehicle dealer, a junk
d eater, or when such storage or parl~ing is necessary to the opera-
Lion of a .lawfully conducted business or commercial erterpr~se.
Nothing in this section shall authorize the maintenance of
a public or private nuisance as defined under provisions of'1aw
other. than Che:pter 10 (commencing with Section 22fi50} ~f Division Il
of the Vehicle Code and this Ordinance.
Sec*_ion 3: This Ordinance is not the exclusive regulation of
abandoned, wrecked, dismantled or inoperative vehicles within -I
the City. It sha~f.l supplement and be in addition to"the other
regulatory codes, statutes, and ordinances heretofore or hereafter
eazactQd by the City, the State, or any other legal enr_i.ty cir agency.
having jurisdiction.
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Section 4-: Except as otherwise provided herein, the provisi m s of
.this Ordinance shall be administered and enforced by the City i3anager.
: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 information as to :the identity of a vehicle,
and to remove or cause the removal of a. vehicle or parts thereof
:declared to be a nuisance pursuant to this Ordinance.
Section 5: 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 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 (exr_luding
the actual cost of removal of any vehicle or parts Chereof,~under
this Ordinance.
Section 7: Upon discovering the existence of an abandoned,
wrecked, dismantled, or inoperative vehicle, or parts thereof;
on private property or public property within the CiL•y, the City
:tanager shal'1 have the authority to cause the abatement and removal
thereof in accordance with the procedure prescribed herein..
Section 8: A 10-day notice of intention to abate and remove"
the vehicle, or parts thereof, as a public nuisance shall be mailed
by registered or certified mail to the owner of tEte land and to the
aTnner of the vehicle, unless the vehicle .is in such condition that-
iden%ifi.cation ntum ens are net available to determine ownership.
The notices of irztantion shall be in substantially the folloraing forms:
NQTICE OF :CidTE1`dTZON TO AEATE AND 12Ei•SOVE AAT
AEt1NDGNEAs yfn?~.C1ZED DTSwANTLED Oa. dNOPERAT-1"VE
VEH7C€.E fl12 PARTS THEftBCiF AS 61 PU3L1C NUESANCE
(name and address of owner of the land}
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As yawner shown on the last equalized assessment roll of the
land located at (address), you are hereby notified that the under-
signed pursuant to (section of ordinance or municipal code) has
determined that there exists upon said land an {or parts of an) _~'
abandoned, wrecked, dismantled or inoperative vehicle registered
LO , license number
eaizich constitutes a public nuisance pursuant to the provisions of
(brdinance or municipal code chapter number:),
You are .hereby notified to abate said nuisance by the removal
of said vehicle (or said parts of a vehicle) within l0 days from
.the date of mailing of this notice, and upon you failure to do so
the same will be abated and removed by the City and the costs
thereof, together with administrative costs.; assessed'to you as
owner of the land on which said vehicle (or 'said parts of a vehicle)
i s located.
As caner of the Land on which said vehicle (oz said parts of
a vehicle) is located, ycu are hereby notified that you may, within
10 days after. the mailing of this notice of intention, xe quest a
public hearing and if s~ h a request is not received by the City
Council of the City of Lake Elsinore within such 10-day period, the
City ttaaager shall. have the authority to abate and remove said
vehicle (or said parts of a vehicle) as a public nuisance and
assess the costs as aforesaid without a public hearing. You may
submit a sworn written statement within such 10-day period denying
resp~~nsibility for the presence of said vehicle (or said parts of
a •aehicle) on said Land, with your reasons for denial,: and such
st=Cement shall k'w construed as a request for hearing at which your _
presence is not required. You may appear in person at any ilea.r.ing
requested by .you or the owner of the vehir_Ie or; in lie~z thereof,
may present a sworn written statement as aforesaid in time for
consideration at such bearing.
NGTICE ylrll LED
City tanager
City of Lake Elsinore
(Name and address of last registered and/or
legal owner of record of vehicle -- Notice
should be given to both if different)
As last registered (and/or legal) owner of record of
(description of vehicle - make, model, license, etc.), you are
hereby notified that the undersigned pursuant to (section of ordinance
or municipal code) has determined that said vehic7.e (oY parts of
a vehicle) exists as an abandoned, wrecked, dismantled or inoperative
vehicle at (describe location on public or private property) and
constitutes a public nuisance pursuant to the provisions of
(ordinance or municipal code chapter number).
You are hereby notified to abate said nuisance by the removal
of said vehicle (or said parts of a vehicle) within l0 days fran
the date of mailing of this notzce.
As registered (and/or legal) owner of rer_ard of said vehicle
(or said parts of a ve?-zicle), you are hereby notified that yi~u may,
within IG days after the mailing of this notice of intent:i:on, request
a public hearing and if such a request is not received'by the City,
Council of the Gity of Lake Elsinore within such l0-day period, the
City Manager shall have the authority to abate and remove said
vehicle (or said parts of a vehicle) wifhout a hearing.
xaOTICE ~4AlLED:
_.~ City ,ianagar
City of Lake Elsinore
Section 9: Upon request by the owner of the vehicle. or owner
of the land received by the City Council within 10 days after the mailin,
of the notices of .intention to abate and remove, a public hearing
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shall he held by the Gity Manager on the question of abatement
and removal of the vehicle or parts thereof as an abandoned, wrecked,
dismantled 'or inoperative vehicle, and the assessment of .the e
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ad~~iinistrative costs and .the cost of removal of the vehicle or
parts thereof against the property on which. it is located,
_If the owner o£ the land submits a sworn written statement
denying responsibility for the presence of the vehicle or. his land
within such 10-day period, said statement shall be construed as
a request for a hearing which does not require his presence, Plotice
of .the hearing shall be mailed, by registered or certified mail,
•at least 10 days before the hearing to the owner of the land and
to the o~mer of the vehicle, unless the vehicle is .i.n such condition
that identification numbers are not available to determine ownership,
If such a request for hearing is not received within said l0 days
afe-r m.3i7.ing of the notice of intention to abate and remove, the
L'ity shall have the authority to abate and remove the vehicle or
pasts thereof as a public nuisance without holding a public hearing,
Section 10; Ali hearings under this. Ordinance shall be held
before the City Manager. who shall hear all facts and testimony 'ne
deems pertinenta Said facts and testimony may include testimony
on the condition o£ the vehicle or parts thereof and the circum-
stances cancer.ning its location on the said. private prGp2rty or
public property, The City Manager shall not be limited by the
technical rules of .evidence, The owner of the land may appear in
person at the hearing or present a sworn written statemen% in time
for consideration at the hearing, and deny responsibility for the
presence of the vehicle on the Land, with his reasons far such
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'ihe City Manager may impose such conditions and take such other
action as he deems aparopriate under the circumstances tq carry
out the purpose of. this ordinance, Ile may delay the time for removal
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of the vehicle or parts thereof if, in its opinion, the circum-
stances justify it, At the conclusion of the public hearing, the
Citq Manager may find that a vehicle or parts 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 administrative costs and the cost of removal to be
charged against the owner of the land, The order requiring removal
shell include a description of the vehicle or parts thereof and
the correct identification number and license number of the vehicle,
if available at the site.
If it is determined at the hearing that the vehicle was placed
on the land without the consent of the owner of the land and that
he has not subsequently acquiesced in its presence, the City Manager
shall not assess the costs of administration or removal of the
vehicle against the property upon which the .vehicle is .located
or other>r.*ise attempt to .collect such costs from such otioner of the
land..
If the owrier of the land submits a sworn written statement
denying responsibility for the presence of the vehicle on his land
but does not appear, or if an interested party makes a xrritten
presentation to the City Manager but does not appear, he shall
be notified in evriting of the decision,
section 11• Any interested party may appeal the decision of
the City rlanage-r by filing a written nc:ice of appeal with the said
City Mahager within five days after his decision, Such appeal shall
be heard by the City Council which may affirm, amend or reverse
the order or tape other action .deemed appropriate, ,The clerk sha11
give written notice of the time and place of the hearing to the
appellant and those perspns specified in Section 8, In condur_ting
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the hearing the City Council sha11 not be limited by the
technical rules of evidence.
Section 1?_; Five days after adoption of she order declaring
the vehicle or parts thereof to be a public nuisance, five days
from the date of mailing of notice of .the decision if such notice
is required by Section 1D or 15 days after such action of the City
Counci_1 authorizing removal following appeal, .the vehicle or parts
thereof may be disposed of by removal to a scrap yard of automobile
dismantier's yard. After a vehicle has been removed it shall not
thereafter be reconstructed or made operable,
Section 13; Within five days after the date of removal of
the vehicle or parts thereof, notice shall be given to the Department
of Motor 8ehicles identifying the vehicle or parts thereof removed,
At the same time there sha11 be transmitted to the Department of
Motor Vehicles any evidence of registration available, including
registration certificates, certificates of title and license plates.
Section 14: If the. administrative costs. and the cost of
removal which are charged against the owner of a parcel of land
pursuant to Section 10 are not paid within 3Q 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 cailectar for collection. Said assessment
shal_1 have the same priority as othex City taxes.
Section :15: It shall be unlawful and a misdese~nor for any
.person to abandon, park, store, or leave or permit the abandonment,
parking, storing or leaving of any tic eased or unlicensed vehicle
or parts thereof which is in an abandoned, wrecked, dismantled cr
inoperative conditi..on upon any private property or public property
not including highways within the City for a period in excess o£
five days unless suc! vehicle or parts thereof is completely enclose I
within a building in a lawful manner where i_t is not plainly visi_ble~
from the street or other public or private property, or ur,:less
such vehicle is stored o.r parked in a lawful manner. on private
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aroperty in connection with the business of a licensed dismantler,
iicensed vehir_1e dealer or a junkyard,
Section. 16; It shall be unlawful and a misdemeanor for any
peison to fail or refuse to remove an abandoned, wrecked, dis-
mantled or inoperative vehicle or parts thereof or refuse to abate
such nuisance c1*hen ordered to do so in accordance with the
a'oatement provisions of this Ordinance or State law where such
State. law is applicable,
Section 17; Ordinance vo. 453 adopted by the Mayor and.
City Council of January 22, 1968, is repealed effective upon
the effective date of this Ordinance,
Section 18; The City Clerk shall certify to the adoption
of this Ordinance and cause it to be published as required by 1a~a,
ADOPTED by the Mayor and City Council and signed by the
Mayor a.nd attested to by the City Clerk, this istn day of
~7:~y ~ 1974.
s/Norman L. Chaffin
ayoI~ r o-z t e
City of Lake Elsinore
ATTEST:
s/Florene tdarshall
Gity C er of t 1e
City of Lake Elsinore
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