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
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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-
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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
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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.
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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
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§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
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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
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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®
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HERBERT K. ITE, City Clerk