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HomeMy WebLinkAboutOrd 0937ORDINANCE N0. 937 AN ORDINANCE AMENDING THE MUNICIPAL CODE OF THE CITY OF BURLINGAME BY ADDING CHAPTER 13.65 (ABANDONED, WRECKED, DISMANTLED OR INOPERA TIVE VEHICLES) TO TITLE 13 (VEHICLES AND TRAFFIC) AND PROVIDING FO THE ABATEMENT AND REMOVAL AS PUBLIC NUISANCES OF ABANDONED® WRECKE DISP`iANTLED OR INOPERATIVE VEHICLES OR PARTS THEREOF FROM PRIVATE PROPERTY OR PUBLIC PROPERTY NOT INCLUDING HIGHWAYS, AND RECOVERY O COSTS OF ADMINISTRATION THEREOF AS AUTHORIZED BY SECTION 22660 VEHICLE CODE. The City Council of the City of Burlingame does ordain as followse SECTION 1. The Municipal Code of the City o.f Burlingame is here by amended by adding Chapter 13.65 to Title 13 which shall read as followse "CHAPTER 13.65 ABANDONED, WRECKED, DISN�ANTLED OR INOPERATIVE VEHICLES SECTIONS° 13.65.010 Findings 13.65.015 Exceptions 13.65<020 Additional Remedies 13.65.025 Enforcement Officers 13.65.030 Entry 13.65.035 Administrative Costs 13.65.040 Abatement and Removal 13.65.045 Notice of Intention 13,65.050 Hearing 13,65.055 Decisions 13.65.060 Appeal 13.65.065 P.emoval 13.65.070 Notice to Department of Motor Vehicles 13.65.075 Assessment §13.65,010 Findings. In addition to and in accordance with the determination and the authority granted by the State of California under Section 22660 of the Vehicle Code to remove abandoned, wrecked, dismantled or inoperative veizicles or parts thereof as public nuisances, t1.e City Council of the City of Burlingame hereby makes the following findings and declarations. The accumulation and storage of abandoned, wrecked, dismantled, or inoperative vehicles or parts thereof on -1- 0 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 deteriora-'' tion, to invite plundering, to create fire hazards, to can-':. stitute an attractive nuisance creating a hazard to the health and safety of minors, to create a harborage for ro- '' dents and insects and to be injurious to the health, safety' and general welfarea Therefore, the presence of an aban® Boned, wrecked, dismantled or inoperative vehicle or parts thereof, on private or public property not including high- '' ways, 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 Chapter, As used in this Chaptera (a) The term °'vehicle" means a device by which any 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 ashat= ever 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 °highways" (d} The term "owner of the land" means the owner of_ the land on which the vehicle, or parts thereof, is located,', as shown on the last equalized assessment rollm (e) The term "Owner of the Vehicle" means the last registered owner and legal owner cf record. §13,65.015 Exceptions. This Chapter shall not apply to: (a) A vehicle or parts 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 parts thereof which is stored or parked in a lawful manner on private property in connec- tion with the business of a licensed dismantler, licensed vehicle dealer, a junk dealer, or when such storage or park is necessary to the operation of a lawfully conducted busi- ness or commercial enterprise. Nothing:."in this section shall authorize the maintenance of a public or private nuisance as defined under provisions of law of than Chapter ZO (Commencing with Section 22650) of Division 11 of the Vehicle Code and this Chapter. §13.65.020 Additional Femedies. This Chapter is not the -exclusive regulation of::abandoned,., wrecked ,..dismantled or inoperative vehicles within the city. 3t shall supplement and be in addition to the other regulatory codes, statutes, and ordinances heretofore or hereafter enacted by the city, the State, or any other legal entity or agency having juris- diction° §13.65.025 Enforcement Officer. Except as otherwise provided herein, the provisions of this Chapter shall be administered and enforced by the Chief of Police. In the enforcement of this Chapter 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 Chapter. §13.65,030 Eritrye 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 de- -3- Glared to be a nuisance pursuant to this Chapter. §13.65.035 Administrative Costs. 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 parts thereof) under this Chapters §13.65.040 Abatement and Removal. Upon discoverina the existence of an abandoned, wrecked, di: mantled or inoperative 'vehicle, or parts thereof, on private pro® perty or public property within the city, the Chief of Police sha have the authority to cause the abatement and removal thereof in accordance vaith the procedure prescribed herein, §13.65,045 Notice of Intention. A ten (10) day notice of intention to abate and remove the vehicle, or parts thereof, as a public nuisance shall be mailed by registered mail to the ovaner of the land and to the owner of th vehicle, unless the vehicle is in such condition that identifica- tion numbers are not available to determine ownerships The notice of intention shall be in substantially the following formsc NOTICE OF INTENTION TO ABATE AND REMOVE AN ABANDONEDy WRECKED, DISMANTLED, OR INOPERATIVE VEHI- CLE OR PARTS THEREOF AS A PUBLIC NUISANCE (Name and address of owner of land) As owner shown on the last equalized as- sessment roll of the. land located at (ad- dress), you are hereby notified that the undersigned, pursuant to Section 13.650040 of the Burlingame Pflunicipal Code, has de- termined -that there exists upon said land an (or parts of an) abandohed, wrecked, dis- mantled or inoperative vehicle registered to license number which constitutes a pub- lic nuisance pursuant to the provisions of Title 13.65 of the Burlingame Municipal Codes You are hereby notified to abate said nuisance by the removal of said ve- hicle (or said parts of a vehicle} vaithin 10 days from the date of mailing of this -4- notice, and upon your failure to do so the same will he abated and removed by the city, and the costs thereof, as- sessed to you as owner of the land on which said vehicle (or said parts of a vehicle) is located. As owner of the land on which said vehicle (or said parts of a vehicle) is located, you are hereby notified that you may, within 10 days after the mailing of this notice of intention, request a pub- lic hearing and if such a request is not received by the Commission of Public Health and Safety within such 10 day period, the Chief of Police 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 responsibility for the presence of said vehicle (or said parts of a vehicle) on said land, with your reasons for denial, and such statement shall be construed as a request for hearing at which your presence is not required. You may appear in person at any hearing requested by you or the owner of the vehicle or, in lieu thereof, ma_v present a sworn, written statement, as aforesaid, in time for consideration at such hearing. Notice mailed° s/ Chief of Police NOTICE OF INTENTION TO ABATE AND RENIOVE:'AN ABANDONED, WRECKED, DIS- MANTLED OR INOPERATIVE VEHICLE OR PARTS THEREOF AS A PUBLIC NUISANCE (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 here- by notified that the undersigned, pursuant to Section 13.65.040 of the Burlingame Municipal Code has determined that said vehicle (or parts of a vehicle) exists as an abandoned,, wrecked, dismantled or in- operative vehicle at (describe location on public or private property) and con- stitutes a public nuisance pursuant to the pro- visions of Chapter 13.65 of the Burlingame Iunicival Cddem You are hereby notified to abate said nuisance by the removal of said vehicle (or parts of said vehicle)within 10 days fr_orn the date of mailing of this notice. ®5- As registered (and/or legal) owner of record of said vehicle (or said parts of a vehicle), you are hereby notified that you may, within 10 days after the mailing of this notice of intention, request a public hearing and if such a request is not received by the Comr mission<.of Public Health and Safety within such 10 day period, the Chief of Police shall have the authority to abate and remove said vehicle (or said parts of a vehicle) without a hearing. Notice mailed; date) s/ Chief of Police §13x65.050 Hearing. Upon request by the owner of the vehicle or owner of the land received by the Commission of Public Health and Safety within,; 10 days after the mailing of the notices of intention to abate and remove, a public hearing shall be held by the Commission of Public Health and Safety on the question of abatement and removal of the vehicle or parts thereof as an abandoned, wrecked, dis- mantled or inoperative vehicle, and the assessment of the adminis� trative costs and the cost of removal of the vehicle or parts ther�- of against the property on which it is located. If the owner of the land submits a sworn written statement denying responsibility for the presence of the vehicle on his land within such 10 day period, said statement shall be construed as a request for a hearing which does not require his presence. Notice of the hearing shall be mailed, by registered mail, at leas 10 days before hearing to the owner of the land and to the owner of the vehicle unless the vehicle is in such condition that identi fication numbers are not available to determine ownership. If suc a request for hearing is not received within said 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 parts thereof as a public nuisance without holding a public hearin -6- §13<65p055 Decisiono All hearings under this Chapter shall be held before the Commission of Public Health and Safety which shall hear all facts and testimony it deems pertinent< Said facts and testimony may ins elude testimony on the condition of the vehicle or parts thereof and the circumstances concerning its location on the said private '; property or public propertya The Commission of Public Health and '; Safety 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 statement in time for consideration at the hearing'', and deny responsibility for the presence of the vehicle on the land, with his reasons for such denial. The Commission of Public Health and Safety may impose such i conditions and take such other action as it deems appropriate under the circumstances to carry out the purpose of this Chapter. It may delay the time for removal of the: vehicle or parts thereof if, in its opinion, the circumstances justify ite At the conclu- sion of the public hearing, the Commission of Public Health and Safety may find that a vehicle or parts thereof has been abandoned wrecked, dismantled, or is inoperative on private or public pro® perty 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 shall 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 pla on the land without the consent of the owner of the land and that he has not stab sequently acquiesced in its presence® the Commission of Public Health and Safety shall not assess the costs of adminis- tration or removal of the vehicle against the property upon which the vehicle is located or otherwise attempt to collect such costs from such owner of the landm If the owner 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 written presentation to the Commission of Public Health and Safety but does not appear, he shall be notified in writing of the decision. X13,65.060 Appeal, Any interested party may appeal the decision of the Com- mission of Public Health and Safety by filing a written notice of appeal with the said City Clerk within five days after its deci- siona Such appeal shall be heard by the City Council which may affirm, amend or reverse the order or take other action deemed appropriate. The clerk shall give written notice of the tame and place of the hearing to the appellant and those persons specified in §13.650045. In conducting the hearing the City Council shall not be limited by the technical rules of evidence. §13®65.065 Removal. Five days after adoption of the order declaring the vehicle or parts thereof to be a public nuisance, five days from the date of mailing of the notice of the decision if such notice is requir by §13.65.055, or 15 days after such action of the governing body authorizing removal following appeal, the vehicle or parts there- of may be disposed of by removal to a scrapyard or automobile dismantler°s yard. After a vehicle has been removed it shall not thereafter be reconstructed or made operable. X134650070 Notice to Department cf Motor Vehicles. Wathin five days after. the date of removal of the vehicle parts thereof, notice shall be given to the Departr,ent of Motor Vehicles identifying the vehicle or parts therec_f removeda At the same time there shall be transmitted to the Department of Pdotor Vehicles any evidence of registration available, including -8- registration certificates, certificates o£ title and license plates. §13455.075 Assessment, If the administrative costs and the costs of removal which are charged against the owner of a parcel o£ land pursuant to X13, 65.055 are not paid within 30 days of the date of the order, or the final disposition of an appeal therefrom, such costs shall be assessed against the parcel of land pursuant to Section 38773.5 of the Government -Code and shall be transmitted to the tax collecA for for collection. Said assessment shall have the same priority as other city taxes." SECTION 2, MISDEAMNORS. (a) It shall be unlawful and a misdemeanor for any person to abandon, park, store, (b) or leave or permit the abandonment parking, storing or leaving of any licensed or unlicensed vehicle or parts 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 five (5) days unless such vehicle or parts 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 pro- perty, 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, It shall be unlawful and a misdemeanor for any person to fail or refuse to remove an abandoned, wrecked, dismantled or inoperative vehicle or parts thereof or refuse to abate such nuisance when ordered to do so in accordance with the abatement provisions of this Chapter or State law where such state law is applicable. SECTION 3. SEVERABILITY. If any provision of this Chapter or the application -9- thereof to any person or circumstances is held invalid, such in- validity shall not affect other provisions or applications, and to this end the provisions of this Chapter are declared to be sever- able. SECTION 4. PUBLICATION. This ordinance shall be published as required by law I, HERBERT K. WHITE, City Clerk o£ the City o£ Burlingame, do hereby certify that the foregoing ordinance was introduced at a regular meeting of the City Council held on the 6th day of July 1971, and adopted thereafter at a regular meeting of the City Council held on£ the 19th day of July 1971, by the following votes: AYES: COUNCILMEN: Amstrup, Crosby, Johnson, Mangini, Martin, NOES: COUNCILMEN: None® ABSENT: COUNCILA4EN: L3one® -10- HERBERT K. ITE, City Clerk