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HomeMy WebLinkAboutTC Ord 1971-03-22 ORDINi\~rCE NO. 2L-N . S . AN ORDIK~NCE OF TIlE C:TY OF TIBURO~ N1ENDING ARTICLE II OF CHAPTER 23 Of THE TIBuRON CITY CODE The City Council of the City of Tibu~on does ordain a.~ follows; Section 1. AITI.endment. Article II of Chapter 23 of the Tiburon City Code is hereby amended to read as follows; "Article II. Hrecked, Aba~doned. etc.) Vehicles. Sec. 23-4. Declared nuisance. In addition to and in accordance with the deter- mination made and the authority granted by the st~:e under section 22660 of the Vehicle Code to remove abandoned. wrecked, dismantled or inoperative vehicles or parts' thereof as public nU.l.Sdnces) tht: city council hereby makes the following findings and declarations: The accLllTlula t ion and s tor-age of abandoned, ~\irecked, dismantled or inoperative vehicles or parts thereof on prhTa te or public propert:y not inc lUG i11g l1ighways is hereby found to create a conditl.on tending to ceduce the value of private property, to promote blight and deterioration, to-in~ite'plundering, to c~eate fire hazards, to constitute an att:ractive nuLsance creating a hazard to th~ health_a~d safety ~f minor~).to.create a ha~bo~a~e for rooencs a~d 1nsec~s a~~ to be lnJu~louS ~o the neaLtD: safety a~a gene~a~ we~Lare., ~here~ore tne.prese~~e ot an abandoneo, wrecked, dlsrnantLea or 1Doperatlve venlcl~ or part thereof, on private or public property not including highways, except as expressly hereinafter permitted, is hereby declared to constitut.:,: a public nuisance 'i'lhich may be abated as such in accordance with the provisions of this article. - Sec. 23-5. Defini.tions. For the purpose of t~-lis aLticl,,:, the [oll.-r<;'ling words and phrases shall have the meanings respectively ascribed to them by this section; li.i~;11vlay.. L\ w/~y {)r place ()f ~~111at:e-'Jel: n<;ture publicly ~aintained and open to the use of the public for purposes of vehicular travel. Highway includes-street. Public propertv. Does not include "highway." Vehicle. A device by which any person or property may be propelled, moved Jr cirawe. upon a high~-.:ay, except a device moved by hurr~n po~er or used exclusively upon By draft date: 2~3-7l 1. stationary rails or tracks. Sec. 23-6. Exceptions to article. This article shall not apply to: Ca) A vehicle or part thereof which is completely enclosed within a building in a lawful :nanner where it is not visible fram the street or other public or private property; or (b) A vehicle or part thereof which is stored or parked in a la.wful manner on priv'ace property in connection with the bus iness of a licensed d iSTIlal1 t le r, licensed vehic le dealer, a junk dealer, or when such storage or 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 Vehicle Code and this article. Sec. 23-7. Article supplemental to existing law. This article is not the exclusive regulation of abandoned, wrecked, dismantled or inoperativ~ vehicles within the city. It shall supplement and be in addition to the other regulatory codes, scatutes1 and ordinances heretofore or hereafter enacted by the city, the state. or any other legal entity or agency having jurisdiction. Sec. 23-8. Enforcement; right of entry of enforcing officer. Except as otherwise provided herein) the provisions of this article shall be administered and enforced by the development administrator. In the enforcement of this articl~ 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 identitv of a vehicle and to remove or cause the removal of a vehicle or part thereof declared to be a nuisance pursuant to this article. Sec. 23-9. Right of entry of fran~hised persons. 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 article. Sec. 23-10. Council to fix administrative costs. The city council sha.ll fron. time to tL"'I1e determine and fix an amOUll.C to be assessed c.-s administrative costs, By draft date: 2-3-71 2. excluding the actual cost of removal of any vehicle or part thereof under this article. Sec. 23 -11. Hearing on abatement; notice of heari..!2&. 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 dnd the cost of removal of the vehicle or part thereof against the property on which it is located. Notice of hearing shall be m.g,iled at least ten days before the hearing by registered mail, with a five day return re.ques ted, to the mvner of the land as shown on the last equalized 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. Such notices shall include notice to the proocrtv mvner that he mav appear in person at the hearing' cr ~ay ~)resent a swor~ written statement denying responsibility foe the presence of the vehicle on the land with his reasons for such denial, in lieu of appearing. 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. Sec. 23-12. Conduct of hearing; findings of council. All hearings under this article shall be held before the city councilj which shall hear all facts and testimony it deems pertinent. Such facts and testimony may include testimony on the condition of the vehicle or part thereof and the circ'Ll..'1lstances concerning its loca.tion on such private property or public property. The city council shall not be limited by the technical_ t"ules of e.videncl?. The Q';\7ner of the land on which the vehicle is located may appeal: in person at the hearing or present a written sworn statement in time for consideration at the hearing, denying responsibility for the presence of the vehicle on the land, with his reasons for such denial. The citv council may imDose such conditions and take such other acti~n as it deems appropriate under the circwn- stances to carry out the purpose of thi.s article. It may delay the time for removal of the vehicle or part thereof if, in its opinion, the circumstances justify it. At the conclusion of the nubiie hi~aring, the citv council may find tha t a vehicle or part the reof has been abandoneci~ '\;vrecked, dismantled or i.s inoperacive on private or public property and order the ~ame 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 parcel oiillnd on which the vehicle or part thereof is located. The order requiring removal shall include a description of t~e vehicle or part thereof and the C0rrect identification nlli~ber and licen3e numbe~ of the vehicle, if available at the site. By draft date: 2-3-71 3. If it is dete~1ined at the hearing that the vehicle was placed on the land without the consent of the landowner and that h2 has not subsequently acquiesced in its presence, the city council shall not assess costs of administration or removal of the vehicle against the property upon which the vehicle is located or otherwise attempt to collect such costs from such landowner. If an interested party makes a written presentation to the city c'.)uncil but does not appear, he shall be notified in writing of the decision. The decision of the city council shall be final and conclusive. Sec. 23-13. Removal of vehicle. Five days after adoption of the order declaring the vehicle or parts thereof to be a public nuisance, or five days from the date of mailing of notice of the decision if such notice is required by section 23-12, whichever is later, the vehicle or parts thereof may be disposed of by removal to a scrapyard or automobile dismant1er1s yard. After a vehicle has been removed it shall no~ thereafter be reconst~Jcted o~ made operable. Sec. 23-14. Notice of removal to be sent to department of motor veh~cles. within five days 8.fter the date of remO\Tal of the vehicle or part thereof, notice shall be given to the department of motor vehicles identifying the vehicle or part thereof removed. At the same time there shall be transmitted to the department of motor vehicles any evidence of registration available, including registration rprrificates. certificaces of titles and license places. See, 23-15. Notice of costs sent to owner. The development administrator shall mail to the owner of the land, by registered mail} at the address shown on the last equalized assessment roll, C1 copy of his written report showing the cost of removal and administrative costs. Sec. 23-16. Costs to be collected as taxes. If the administrative costs aud the cost of removal which are charged agairst the owner of a parcel of land pursuant to section 23-12 are not paid within thirty days of the date of the order) such costs shall be assessed against the pa~cel and pursuant to section 38773.5 of the Goverp~ent Code and shall be transmitted to the tax collector for collection. Such assessment shall have the same priority as other city taxes. Sec, 23-17. Abandoning vehicle prohibited. It s~~ll be unlawful and a misdemeanor for any By draft date: 2-3-71 4. person to abandon, park, score, or leave or permit the abandonment, parking, storing or leaving of ~ny licensed or unlicensed vehicle or part thereof which J.8 in an abandoned, wrecked, disITlantled or inoperative condition upon any private property or public property, not including highways, within the city for a period in excess of thirty days unless such vehicle or part ~hereof is completely enclosed within a building in a lawful manner 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 lawful manner on private property in connection with the business of a licensed dismantler, licensed vehicle dealer or a junk yard. Sec. 23-18. Failure or refusal to remove violating vehicle. It shall be unlawful and a misdemeanor for any person to fail or refuse to remove an 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 article or state law where such state law is applicable. Section 2. Severability. If any section, subsection, sentence~ clause or phrase of this ordinance is for any reason held to be invalid or unconstitutional by the decision of a Court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of the ordinance. The City Council of the City of Tiburon hereby declares that it would have passed this ordinance, and each section, subsection, clause or phrase thereof, irrespective of the fact that any one or more other sections, subsections, sentences, clauses or phrases may be declared invalid or unconstitutional. Section 3. Effective Date. This ordinance shall take effect and be in force thirty (30) days after the date of passage, and before the expiration of. fifteen (15) days after its passage the same shall be published, with the names of the members 'voting for and agains t the same, at leas t once in a newspaper of general circulation published in the City of Tiburon. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Tiburon held on March 22, , 1971, by the following vote: AYES: COUNCIL~N: Becker, Ellinwood, Fanning, Sennett NOES: CQUNCIl.1'1EN: None ABSE~~: COUNCIL~N: Rice DE~IS T. RiCE Mayor of the City of Tiburon By draft date: 2-3-71 s.