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HomeMy WebLinkAboutOrdinance 887 N.C.S. 01/15/1968*ORIGMAL EER :skw 12/'21/67 ORDINANC <E NO. 887 N.C - INTRODUCED BY COUNCILMAN SECONDED B,Y. CO,UNCILMAN AN ORDINANCE' AMENDING THE PEirAL'UMA'CITY CODE OF 1958 BY ADDING TO.CHAPTER 15 THEREOF-ARTICLE XVI, SECTIONS 15.16 THROUGH 15.16.1:2 TO PR OVIDE`FOR THE ABATEMENT AND REMOVAL AS PUBLIC NUTSANC4ES OF ABANDONED,, WRECKED, DISMANTLED OR ,INOP.ERAT °IVE' VEHICLES OR PATS THEREOF FROM .PRIVATE OR PUBLIC PROPERTY,, NOT INCLUDING HIGH— WAYS, AND RECOVERY OF COSTS 'OF ADMINIST;RATI'ON THEREOF AS AUTHORIaED:B;Y SECThON 22650. OF VEHICLE CODE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF - PETALUMA that the Petaluma City Code of 1958 be, and it is hereby amended to , add to Chapter 15, thereof!, Article XVI, Sections 15,16' .,16' through 15',1,6 - .12 to read as follows:, ART,TCLE XVI , ABAN ^DONED VEHICLES Section 15.,16 I addition to and-in accordance with the de - termination made and the :authority granted by the State of California under Section 22660,of the'Vehi.cle Code to remove abandoned, wrecked,, dismantled or inoperative. vehicles or parts, , thereof as - p.ublic .nuisances °, the City Council hereby, makes the followi -ng findings and dec=larations The accumulation and :storage of abandoned, wrecked,, dismantled -or inoperative ve'h'icles or :parts thereof 'on. pri'Vate or public property not including highways is he're'by found to cr:.eate 'a condition tending to reduce the value of private property, to promote blight and deterioration., I I to invite plundering, to create, fire hazards.;, to 'constitute an attractive nu=isance creating a hazard, to the health and safety o'f minors, to create .a harb.ora.ge for rodents and insects 'and to be injurious to the health, s and general: welfare,. Therefore the : presence of an abandoned wrecked, dismantled or inoperative vehicle nor past thereof, on.pr.ivat& or public 'property not including highways', except ,a-s expressly herein= - af'te'r permitted,, is hereby declared to constitute,a.public nuisance whi - be abated as such in: accordance with the provisions. of this, art?cle. As in.thi's' Article : (a) The term "vehicle means 'a device s by which, an""y p - erson or property may be-propelled, moved,- or drawn upon a highway except a :device.- - moved b human power or used exclu.,sive.ly upon stationary rails - or - tracks- (b) , The term " means a way of whatever. nature, publicly .,maintained and open to the use "of the - .public f or purposes of vehicular travel., Higbway..includes:street,.: (c) The term "public property" does no "'h gh i ..way". . ; Section 15-16.1. This: Article,_ shall not—apply. t•: (a) A vehicle or part thereof :. -which i,s completely- enclosed wi - thin -, a.. building in a lawful iftanner..,where it is not visible from the street 'or other publ-ic or private - property, or (b) A vehicle -or - part thereof which is.-'s;tored or parked in -'a' lawful manner on private, property in-connectionwith the businesis of a licensed dismantler, licensed vehicle dealer, - a junk, dealer, when such storage or parking is necessary to the - .operation of a. lawfully. conducted business or�conuter.cial,enterprise. Nothing in this, section shall authori-;2;e the maintenance of 'a public or private - nuisance as :de ined uhdet, provisions of -law other *thary. Chapter! 10 (commencing with'. Section 226:50) of Division 11. of the Ve- hicle Code and this Article. Section, .15 This Article ��-. Ls,­not the exclusive reg- ulation�of-abandoned, wrecked', dismantled.,.Abr inoperative vehicles within- ,the City of.Petaluma. It y s,hall.;s:upplement and be in addition to the- other regulatory codes,,•statutes, and ordinances heretofore or here- after enacted by the City of Petaluma, the-Stat e or : any- `.other legal entity _.or agency. having jiirisdiction Section l5',1,6,.3., Except as ot'h'erwise = provided herein, the. provisi of. this Article -. shall be ad.m'ln',istered and enforced by the Chief of Police. In the enforcement of and his d utiez may enter ,tpon private or public -property to examine a. vehicle or parts thereof', or obtain information as to 'the identity Hof a . and to remove - or cause the :removal of a vehilc'16 or part thereof declared to be a nuisance pur,quant to this" Article..,. -2- Section 15.16.4 When the City Council -has contracted with' or granted' a franchise'-to -any person or 'persons, such person o•r persons shall I be author ,.zed to enter upon .private property or public property to i i remove or cause the removal..o:f vehicle or.p;arts thereof declared to be a nuisance pursuant -to -this Article. Secti =on 15.16:,5.. The • City •.Council shall from time to -time determine and fix an amount to _be assessed a°s administrative costs under. this Article. Section 15..16._6 A public hearing shall be held on. the. ques- tion.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 I ' part, thereof against the property on- :whi.ch it i,, located.; Notice of hearing 'shall be mailed at least ten (1:0) days. before the hearing: by certified mail, with a five -.day: return.re;q•uested, to the owner -of the .,,land as' shown .on the- last equalized city assessment ,roll and to the-, last;,registered and legal owner of record unless the vehicle is in such condition.that..identification numbers are -not available:to determine ownership. If any of . the; f.oregoing'•notic'es are-returned undelivered by the United States - Post'- Office, the hearing shall: be continued to a date not less than ten (10) days from the date of ,such. return;. Section 15.16.7 Notice of shall also be given to the California- Highway Patrol identifying.the' vehicle or part - thereof pro - posed.for,remova-1, such notice to be mailed at least ten (10) days prior w to the public hearing. Section 15.16:8: All - hearings under this Article shall be held be`for.e the Chief- of Police who . shall hear all facts ,and testimony .. he deems pertinent.. S -aid facts and testimony ma. y•.inc °lode, ,testimony on the condition _of the ,vehicle or part thereof and,. the circumstances con - cerning Its location on the•said private property or public property. The Chief of ,Po1-ice- shall, not 'be ,limited by the technical rules of_ evidence. 'The owner of the land on.which.,the-,vehicle.i;s located may -3- appear in person at the hearing or prelsenta.writteft 'statement in time for con sideration at the hearing, an deny.,'responsibility for the pre zence o the vehicle on the land, with h his reasons for such denial. The Chief of Police-may impose such condition and take such' e other -action as he deems appropriate under the circumstances to calory out the" purp ose of this "Artic2e. He may delay the time for removal - Of the vehicle or part thereof if in his '�nion, the ir.cumst' ' op 1 C ances justify it. At the conclusion onclusn 'b 1 _ o f the ' hipating the Ch ie f o f Police may find that a vehic i or part there' h'as been abandoned, wrecked, dismantled, or is imoperati on private qr public property and order the same removed from the property as.-_.a.'public nuisance and aispose as hereinafter provided and determin'e, - the' admin . isttative costs and the cost of removal to be charged' against the ,,owner of the parcel of land.. on which the'vehic'le or ,pant .thereof is. located. The order requiring removal s include a descripti of the Vehicle or part thereof and the correct ident-if i.ca.tion, number and license number. Ober o.f-�thei Vehicle, if available at the site. If it is deteri, at the hearing that the vehicle "was -placed on the land without th.e, co-Hsen-t of the land' owner and that he has not subsequently acqui,es in_•''its pTesencO,.. the Chie of Police shall not 4 assess costs 'of adnin_s rikmoval of the Vehicle against the property upon which thie - %rehicleds located or otherwise attempt to cQj,l•pct Isuch -costs from such- land owner-. If an interested makes a writ-ten,pres to the p Chief of, Police but does not appear he ;shall be notified in writing. of­, 'the decision. Section 1­,.16, Any interested party May appeal -- -9 poal t he deci son of the Chief !c-: filing A written notice of appeal, with Police by the said Chief wit�id,n five days after Its decision. Such shall be heard by the City Council which may -affirm, amend o reverse the order or take other 'action deemed appropriate'. The cierk, shall give written notice of the time and 'place of the he"arihg lt the appellant and those. p ersons specified in 'Section 15.16 MOM In conducting the hearing the City Council shall not.- be limited by the technical rules of evideryce.,, S6ction.15.16.10. Five (5) , days- after adoption of the - order declaring . the vehicle or parts thereof to - be a public nuisance,'' f ive' .(5') days f rom the date -of'malling of notice; of the decision if such is,required by Section 9', or f "if teen, (15) days - after such action:of the governing body authorizing removal following appeal- the- vehidleS or parts thereof-may be dis,posed, of by rem val-..to 'a s - or - auto , mobile- dismantler yard.. After a�vehicle-,has been removed it. shall not thereafter-. be xecon,structeld or made: operable.. Section 15.16i11. Within five (5), -days - afte'r the ­date' ._-,of removal) of the vehicle or - part thereof, notice shall : ;be - given1 to' the ----.`­ Department _of Motor Vehicle, identifying.. the velilcle; removed,. At the same - time thera. shall "bb transmitted, to the De p*art­ment:,,-,, of Motor Vehicles any 'evidence o'-f - registration - ava1la'b1:b,, -l registration certif idates, . certif icate.&.- o,f".tit and license nse platea. Section 15,16.12., If the admini,&tratiVe cost's . an d cost of�removal which - are charged against the owner, of a, parcel of land pursuant to Section. 15.16.8 are not paid within., th-irty (3.0) days the date of the order, or th'e final ,di.sposi4--ion.'b.f--an..appp4 such!; costs- shall be. assessed against the paxcel_ of land purs.,uaht to S & 187731. 5 of the - Government 'Code and shall be transmitted , _�to. the tax col" lector for collection. Sa-id , a.s:se:ssmeht shall have the same priority as other' taxes.. Section 2. The: City Clerk..be-, and- she is hereby directed to publish this Ordinance for the period. and in the,manher,..required by, the-City Charter. RDERED PUBLISHED Q this 15th day of JAnuar*y. AYES: COUNCILMEN BATTAGLIA, BRATNERD', CAVANAGH'' JR. COLIN�,,­ PFECTN LIPMAN AND MAYOR PUTNAM. DATE '�F 0 '�l HA � C E ROES: NONE. 70FORN MAR 6 ABSENT`: NONE.; Mayor Attest: t city Z-1VTT -:5- I ,Hereby, certify, 'that the within ordinance was published in full once in' the Petaluma! Argus- Courier,,;a daily. paper of: �A January 22 68 Y general circulation, published, - within. the "City of Petaluma, to -wit and that the said Petaluma Argus Courier, is; the official newspaper of .the. City of Petaluma p I Hereby certify that the whbfe; of .members of the ,Council of the City- of Petaluma is seven, and 'that the• foregoing ordinance was passed' by.the'Council at its meeting of -. .... .5th y February da of. - -•- -- -. ... ---------- - --•----•• - -• -- -• . 19- 6 8 by ,following vote; 'to -wit: AYES: 'COUNCILIvIt1N _._• Brainerd _ _- COUNCILMAN: JOerger .... -- AY,ES': CQLlNCIIMAN CdVanagh i Jr - COUNCILMAN;_ Ll maan .. ------------------ -- ----- --------- ------ -- AYES: COiJNCIIIv1AN..- Colin, :: COUNCILMAN:. - --...- :..,:,_-::: MAYOR -- • -: -:I? t1` arh None N.QES: .............................. .... - -- - - -- AMtNT. Connc 1 a' n Battagl (SEAL)' . CITTULERK 8 8 7 New C harter- T Ther. foregoing Ordinance Numb "er .....{ 5'eries ha "v'ing beeia, .regularly passed' and presented: o -me, this - - day , of F.ebrudrV 1 ; is hereby approved by`me this s - 5 day Febra°ar"y 68 March 1968 of --- -- -•-•-- °---- -- ----- --- --- ................. -- ---- ............... 1:9 ....... Effecti' date.= --- ---- -- -'-- _ _.._ • . MAYOR