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HomeMy WebLinkAbout387 - OrdinancesORD~/qCE ND. 387 AN ORDINANCE OF THE CITY ODUNCIL OF THE C/TY OF RANC~O ~, CALIFORNIA, AM~qDING TITLE 8 OF THE RANCMO ~ MUNICIPAL CODE BY ADDING A NSq C~AFTER 8.25 PROVIDING A PROGRAM FOR THE RMMDVAL OF ABANDONBD, ~, DI~F.~ OR INOP~AT/VE V~{I~.Rq FRCM~ PROPERTY OR FJBLICP~OPERTYNOT INCLUDINGHIGHWAYS The City Council of theCityofRanchoCucamongadoesherebyordainas follows: SECTION 1: Title 8 of the Rancho Cucamonga Municipal COde is hereby amended by the addition of a new Chapter 8.25 to read, in words and figures, as follows: emDter 8.25 Sections: 8.25.010 Findings and declarations. 8.25.020 Definitions. 8.25.030 Exclusions fromapplication of Chapter. 8.25.040 Chapter not exclusive. 8.25.050 Administration andenforcementgem_rally. 8.25.060 Removal contracts. 8.25.070 Authority todetermine administrative costs. 8.25.080 Authorityto cause abatement and renoval. 8.25.090 Notice of intention andremoval. 8.25.100 Request for public hearing on question of abatement and removal; notice of hearing; abatement by City when hearing request not filed. 8.25.110 Hearingprocedures. 8.25.120 Appeal. 8.25.130 Removal of vehicle to scrapyard or dismantler,s yard; reconstruction of vehicle. 8.25.140 Notice todepartment of mot or vehicles. 8.25.150 Assessment of costs. 8.25.160 Parking abandoned or dismantled vehicles. 8.25.170 Failure to remove abandonedvehicleunlawful. 8.25. 010 Findings and Declarations. In addition to and in accordance with the determination made and the authority granted by the State of California, under Section 22660 of the Vehicle Code, to remove abandoned, wrecked, dismantled or inoperative vehicles or parts thereof as public nuisances, the City Council of Rancho Cucamonga hereby makes the following findings and declarations: Ordinance No. 387 Page 2 The accumulation and storage of abandoned, wrecked, dismantled or inoperative vehicles, or parts thereof, on private or public property, not including highways, is hereby found to crete a condition tending to reduce the value of private property, to prcmote blight and deterioration, to invite plundering, to crete fire hazards, to constitute an attractive nuisance creating a hazard to the health and safety of minors, to create a harborage for rodents and insects, and to be injurious to the health, safety and general welfare. Therefore, the presence of an abandoned, wrecked, dismantled or inoperative vehicle, or parts thereof, on private or public property not including highways, 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 8.25.020 Definitions. For the purpose of this Chapter, the following words and phrases are defined and shall be construed as hereinafter set cut, unless it is apparent fr~n the context that a different meaning was intended: 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" me_~_~_ns a way or place of whatever 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 "highway". 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 roll. E. The term "owner of the vehicle" me__a__ns the last registered owner and legal owner of record. F. The term "city" mee_ns City of Rancho Cucamonga. G. The term "COde Enforcement Officer" shall _me~__n the City Manager for the City and his duly authorized representatives. 8.25,030 Exclusions frcm Application of Chapter. Tnis C~apter 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 Ordinance No. 387 Page 3 B. A vehicle, or parts thereof, whic~ is stored or parked in a lawful manner on private property in connection with the ~usiness of a licensed dismantler. Nothing in this section shall authorize the maintenance of a public or private nuisance as defined under provisions of law other than Chapter 10 (ccmmp_r~ing with SEction 22650) of Division 11 of the Vehicle Code and this Chapter. 8.25.040 Chapter not Exclusive. Ibis Chapter is not the exclusive regulation of abandoned, wrecked, dismantled or inoperative vehicles within the City. It shall supplement and be in addition to the other regulatory codes, statutes, and ~ heretofore or hereafter enacted by the City, the State, or any other legal entity or agency having jurisdiction. 8.25.050 Administration and Enforcement Generally. Except as otherwise provided herein, the provisions of this Chapter shall be administered and enforced by the City Manager, the Code Enforcement Officer, or their duly authorized designees. In the enforcement of this Chapter, such officers and their 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 declared to be a nuisance pursuant to this Chapter. 8.25.060 Removal Contracts. When the City Council b~ contracted with, or granted a franchise to, any person or persons, such person or persons shall be authorized to enter upon private property to remove or cause the removal of a vehicle, or parts thereof, declared to be a nuisance pursuant to this Chapter. 8.25.070 Authority to Determine Administrative Costs. The City Council shall from time to time determine and fix an amourfc to be assessed as administrative costs under this Chapter. 8.25.080 Authority to cause Abatement and Removal. Upon discovering the existence of an abandoned, wrecked, dismantled, or inoperative vehicle, or parts thereof, on private property or public property within the City, the Code Enforcement Officer shall have the authority to cause the abatement and removal thereof in accordance with the procedure prescribed herein. 8.25.090 Notice of Intention and Removal. 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 or certified mail to the owner of the land and to the owner of the vehicle, unless the vehicle is in such condition that identification numbers are not available to determine c~nership. Tne notices of intention shall include the following information: ~No. 387 Page 4 A. Title statement: Notice of Intention to abate and remove an abandoned, wrecked, dismantled, or inoperative vehicle or parts thereof as a public nuisance; B. Name andaddress of: 1. The owner of the land as shown on the last ~equalized assessment roll; and 2. The las registered and/or legal owner of record of the vehicle, if known. C. Description of the vehicle (or parts of a vehicle); including make, model, license number, and vehicle identification number, if knc~n; D. Description of the location of the private property or public property where the vehicle (or parts of a vehicle) is located; E. Notice that within ten (10) days of the date of mailing of the notice of intention to abate: 1. R~m~val of the vehicle (or parts of a vehicle) shall be required; or 2. A written request for a public hearing may be suknitted to the Code Enforcement Officer; or 3. The property owner may subnit a sworn written statement denying responsibility for the presence of the vehicle (or parts of a vehicle) on their land, with reasons for such denial, which shall be construed as a request for a hearing at which thejr presence shall not 4. Failure to remove the vehicle, or failure to respond as specified in Sections 2 or 3 above, shall grant the Code Enforcement Officer the authority to remove and abate the vehicle (or parts of a vehicle) as a public nuisance and assess the costs, along with any administrative costs, to the owner of the land without a public hearing. F. Any interested party my appear in person at any hearing requested by the owner of the vehicle or the owner of the land where the vehicle is located or, in lieu thereof, may subnit a sworn written statement in time for consideration at such hearing. Ordinance No. 387 Page 5 G. Municipal Code Sections which: 1. Declare the vehicle (or parts of a vehicle) to'be a public nuisance; and 2. Authorize the removal and abatement of the vehicle (or parts of a vehicle) by t_he City; H. Name and title of issuin~ officer; I. DAta of mailing; J. Mailing address of the City and/or abatement authority. 8.25.100 Rem/est for Public Hearin~ on Ouestion of Abatemnt and Removal: Notice of Hearing; Abatement b~ Citv when Hearin~ Request not Filed. Upon request by the owner of the vehicle cr owner of the land received by the Code Enforcement Officer within ten (10) days after the mailing of the notices of intention to abate and reTove, a public hearin~ shall be held by the Code Enforcement Officer on the questic~ of abatement and removal of the vehicle, or parts thereof, as an abandoned, wrecked, a~-~entled or inc~_rative vehicle, and the a~e~m~nt of the administrative costs and the cost of removal of the vehicle, or parts thereof, against the property on which it is located. If the owner of the land subnits a swum written statement denying respcr~ibility for the presence of the vehicle c~ his land within such ten (10) day period, said statemmnt shall be construed as a request for a hearir~ which does not require his presence. Notice of the hearing shall be mailed, by registered or certified mail, at least ten (10) days before the hearir~ to the c~ner of the land and to the c~ner of the vehicle, unless the vehicle is in such condition that identification numbers are not available to determine ownership. If such a request for hearing is not available to determine ownership. If such a request for hearing is not received within said ten (10) days after mailing of the notice of intentic~ to abate and remove, the City shall have the authority to abate and remove the vehicle, or parts thereof, as a public nuisance withnut hold/rig a mblic hearing. be held before the Code B~f~t Officer who shall hear all facts and testimony (he/she) deems pertinent. Said facts and testinrmy my include testimony cel the c~ldition of the vehicle, or parts thereof, and the circumstances o~oernin~ its locatic~ ~n the said private pr~ cr pablic property. The Code ~hfcrcement Officer shall not be limited by the technical rules of evidence. ~he owner of the land may appear in person at the hearing or present a s~rn written statement in time for cu~sideratic~ at the hearing, and deny responsibility for the presence of the vehicle c~1 the land, with his reasons for such denial. Ordinance No. 387 Page 6 The Code Enforcement Officer may impose such conditions and take such other action as deemed a~propriate under tba circumstances to carry out the purpose of this Chapter. He may delay the time for rem3val of the vehicle, or parts thereof, if in his opinion, the ciroamstanoes justify it. At the conclusion of the public hearing, the Code Enforcement Officer may find that a vehicle or parts thereof has been abarrlc~ed, wrecked, a{-~Tantled, cr is inoperative on private or public prc~ and order the same removed frce the property as a public nuisance and di~ of a hereinafter provided and determine the administrative costs ar~ the coet 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 placed on the land without the consent of the owner of the land, and that he has not su~eeque~ly acquiesced in its presence, tba COde ~lfo~x~me~t Officer shall not assess the costs of administration or removal of the vehicle against the property upon which tba vehicle is located or otherwise attempt to collect such costs fr~n such owner of the land. If the owner of the land subnits a sworn written statement ~aenying res[x3nsibility for the presence of the vehicle on his land but-does not aE~ear, or if an interested party makes a written presentation to the Code Enforcement Officer, hut does not appear, he shall be notified in writing of the decision. 8.25.120 Appeal. Ar~ i~tere~ted party my appeal the ~d~c~=ision of the Code Enforcement Officer by filing a written notice of appeal with the City Clerk, within five days after the decision. Such appeal shall he heard by the City Council which may affirm, amend or reverse the order or take other action deemed a~4xx~kiate. The clerk shall give written notice of the time and place of the hearing to the appellant and thcee persons specified in Section 8.25.090. the technical rules of evidence. 8.25.130 ~1 of Vehicle to Scrapyard or Dismantler's Yard: Reconstructi~l of Vehicle. Five (5) days after adc[fcion of the order declaring the vehicle, or parts thereof, to he a public nuisance, or five (5) days fr~n the date of mailing of notice of the decision is such notice is rec~ed by Section 8.25,110 or fifteen (15) days after such action of the governing body authorizing removal following appeal, the vehicle, or parts thereof, my be disposed of by removal to a scrapyard or autcmobile dismantler's yard. After a vehicle has been removed it shall not thareafter he c~t~ucted or made operable. Ordinance No. 387 Page 7 8.25.140 Notice to De~ of Motor Vehicles. Within five (5 d~.ys after the date of removal of the ..v~i.'cle, cr parts thereof, notice shall ~ 8.25.150 A~m~nt of Costs. If the administrative costs ar~ the CoSt of ~ which are charged against the owner of a parcel of land pursuant to ~tion 8.25.~0 are not paid within thirty (30) ~-~ ag~ir~-t parcel of la/ld p~ to Section1 38773.5 of the Goverrmmnt Code and shall be transmitted to the tax collector fee collection. 8.25.160 Parkin~ Abandoned or Dismantled Vehicles. It is unlawful eux] a m~.~ fee any person to ah~_~_md43n__, park, store, leave or permit the abandorm~m~c, parking, stcring or leavir~/of any licensed ee unlicensed vehicle, or parts thereof, which is in an abarrkTad, wrecked, dismantled or inoperative within the City, for a period in exuess of five (5) days unless such vehicle, or parts thereof, is completely encloeed within a build/ng in a lawful manner ~ere it is not plainly visible frc~ the street or other public or private' pkt~e~Ly, or unless such vehicle is stored or parked in a lawful manner c~ private property in cormaction with the ~usiness of a licensed dismantle=, licensed vehicle dealer or a junkyard. 8.25.170 Failure to Remove Abandoned Vehicle UnlawfUl. It is unlawful and a m~ for any person to fail or refuse to remove an abar~_____~, wrecked, a~-~Bntled or inoperative vehicle, or parts thereof, or refuse to abate such nuisance when eedered to do so in accurdance with the abatement provisions of this Chapter or state law where such state law is applicable. S~CTION 2. The City Council declares that, should any provision, section, paragraph, sentence or word of tb~ Ordinance be rendered or declared invalid by any final court action in a court of cc~ jurisdiction, or by reason of any preeptive legislation, the remaining provisions, sections, paragraphs, sentences, and wurds of this Or~ shall re~ain in full force and effect. SECTIC~ 3. The Mayor shall sigh tb{-~ Ordinance and the City Clerk shall cause the ~-e to be published within fifteen (15) days after its passage at least cr~e in ~he Daily Re~, a newspaper of general circulation published in the City of Ontario, California, and ciroalated in the City of Rancho Ordinance No. 387 Page 8 PASS[D, ~, and ADOPTED this 4th day of January, 1989. Alexander, Brown, Buquet, Stout, Wright Beverly A~Aut~let, C~ Clerk I, ~Y A. A~.w[, CITY a'.ws~ of the City of ~ OM?~mcrr3a, California, do hereby ~rtify that the foregoing Ord/nance w~s ~~ea at a regular meeting of the Council of the City of Ranclio O~a,,e~3~ held on the 21st day of January, 1989, and was finally passed at a regular meeting of the City Council of the City of Panclio O~am~x/a held on the 4th day of January, 1989. Executed this 5th day of Jamm~y, 1989 at Rancho O~amcrr/a, California.