HomeMy WebLinkAboutCC AG PKT 2008-07-14 #S• AGENDA STAFF REPORT
DATE: July 14, 2008
TO: Honorable Mayor and City Council
THRU: David Carmany, City Manager
FROM: Lee Whittenberg, Director of Development Services
Lt. Tim Olson, Operations Commander, Police Department
SUBJECT: MUNICIPAL CODE REVISIONS RELATING TO
REMOVAL OF ABANDONED VEHICLES AND
LEAVING UNAUTHORIZED VEHICLES ON PRIVATE
PROPERTY
SUMMARY OF REQUEST:
Introduce Ordinance Number 1577, An Ordinance of the City of Seal Beach
• Amending the Seal Beach Municipal Code Relating to Removal of Abandoned
Vehicles and Unauthorized Vehicles on Private Property. Instruct staff to
schedule for second reading and adoption at next regular City Council meeting.
BACKGROUND:
At this time, there are several minor revisions to the Municipal Code that have
been identified by staff, based on recent questions and issues that have arisen.
The proposed revisions will accomplish the following:
^ Add a new Section 7.40.020, Additional Procedure For Removing
Abandoned Vehicles -the proposed additional language will incorporate
language in accordance with applicable provisions of the California
Vehicle Code Section 22661 for 'agencies that participate in a "Service
Authority' for the authority to remove abandoned vehicles;
^ Re-number Municipal Code Sections 7.40.020 through 7.40.050 to be
Sections 7.40.025 through 7.40.055 respectively; and
^ Revise Section 8.10.105 -revised
Section 13-83 that was deleted
vehicle on private property.
to incorporate previous language from
regarding leaving an illegally parked
Agenda Item S
Z:\07-14-08 Council Meeting -Agenda Items\DS -Staff Report - S -Abandon Vehicle - Oni #1577.doc\L1M06-02-08
Municipal Code Revisions Re:
Removal ofAbandoned Vehicles and
Unauthorized Vehicles on Private Property
City Council Staff Report
July 14, 2008
The above requested amendments have been proposed by the Police
Department and Code Compliance Officer and reviewed and approved as to form
by the City Attorney. The City Council adopted Resolution Number 4953 in
October 2001 that authorized the City to participate in the "Orange County
Service Authority for Abandoned Vehicles."
Police Department personnel will prepare the required 10-day notice of intention
to abate and remove a vehicle or part thereof pursuant to and in compliance with
all provisions of California Vehicle Code Section 22661.
FISCAL IMPACT:
The potential negative or positive fiscal impacts of the proposed Municipal Code
amendments are minor in nature. The proposed addition of Section 7.40.020 will
allow for the City to receive certain reimbursements of costs in accordance with
the provisions of the "Orange County Service Authority for Abandoned Vehicles"
program.
RECOMMENDATION:
Introduce Ordinance Number 1577, An Ordinance of the City of Seal Beach
Amending the Seal Beach Municipal Code Relating to Removal of Abandoned
Vehicles and Unauthorized Vehicles on Private Property. Instruct staff to
schedule for second reading and adoption at next regular City Council meeting.
NOTED AND APPROVED:
,• ~-
~i l% -,P
ee Whittenberg David Carmany
Director of Development Servie s City Manager
Attachment: Ordinance Number 1577, An Ordinance of the City of Seal
Beach Amending the Seal Beach Municipal Code Relating to
Removal of Abandoned Vehicles and Unauthorized Vehicles
on Private Property
2008 Public Safety Revisions.CC Staif Report 2
Municipal Code Revisions Re:
Removal of Abandoned Vehicles and
Unauthorized Vehicles on Privafe Property
• City Council Staff Report
July 74, 2008
ATTACHMENT 1
ORDINANCE NUMBER 1577, AN
ORDINANCE OF THE CITY OF SEAL
BEACH AMENDING THE SEAL BEACH
MUNICIPAL CODE RELATING TO
REMOVAL OF ABANDONED VEHICLES
AND UNAUTHORIZED VEHICLES ON
PRIVATE PROPERTY
r~
2008 Public Safety Revisions.CC Staff Report 3
•
Municipal Code Revisions Re:
Removal ofAbandoned Vehicles and
Unauthorized Vehicles on Privafe Property
Ciiy Council Staff Report
July 14, 2008
ORDINANCE NUMBER 1577
AN ORDINANCE OF
BEACH AMENDING
MUNICIPAL CODE
THE CITY OF SEAL
THE SEAL BEACH
RELATING TO
REMOVAL OF ABANDONED VEHICLES
AND UNAUTHORIZED VEHICLES ON
PRIVATE PROPERTY
•
THE SEAL BEACH CITY COUNCIL DOES HEREBY ORDAIN AS
FOLLOWS:
SECTION 1. Municipal Code Chapter 7.40 relating to nuisance
abatement is amended by adding a new section 7.40.020 to read as follows:
°§7.40.020. Additional Procedure For Removing Abandoned
Vehicles.
A. Removal of Abandoned Vehicles. Pursuant to
California Vehicle Code Section 22660, the City hereby establishes
the procedure for the abatement and removal of abandoned,
wrecked, dismantled or inoperative vehicles or parts declared to be
a public nuisance pursuant to this Municipal Code. The provisions
of California Vehicle Code Sections 22660 and 22661 are hereby
adopted by this reference. In the case of any conflict between the
provisions of this section and the provisions of Sections 22660 and
22661, the provisions of Sections 22660 and 22661 shall prevail.
Neither the City nor its contractor shall be liable for damage caused
to the vehicle or part thereof by removal pursuant to this section.
B. Recovery of Costs of Administration and Removal.
Pursuant to Section 7.40.010 of this Chapter, the City may recover
all costs associated with the abatement of the public nuisance and
the removal of the vehicle or part thereof.
•
C. Exceptions. A vehicle or any part thereof (individually
or collectively °vehicle") shall not be removed pursuant to this
chapter if such vehicle is:
2008 Public Safety Revisions.CC Staff Report 4
Municipal Code Revisions Re:
Removal of Abandoned Vehicles and
Unauthorized Vehicles on Prnrafe Property
City Council Staff Report •
July 14, 2008
1. Completely enclosed within a building in a
lawful manner where it is not visible from the street, highway or
other public or private property; or
2. Stored or parked in a lawful manner on private
property in connection with the business of a licensed dismantler,
licensed vehicle dealer or junkyard. This exception does not
authorize the maintenance of a public or private nuisance.
D. 10 Dav Notice of Intention to Abate and Remove
Vehicle.
1. The City shall mail, by certified mail, a notice of
intention to abate and remove the vehicle at least 10 days prior to
any proposed abatement or removal, to the owner of the real
property ("property owners) as shown on the last equalized
assessment roll and to the last registered and legal owner of record
of the vehicle ("vehicle owner") unless the vehicle is in such
condition that identification numbers are not available to determine
ownership.
2. The notice of •
intention shall state that the
property owner or vehicle owner has 10 days after the mailing of
such notice or at the time of signing a release pursuant to
subsection E1, to request a hearing. The property owner does not
have to appear at the hearing if it submits a sworn written
statement, supported by reasons, denying responsibility for the
presence of the vehicle on the property. If no request or written
statement is received within such 10 days, the City may take all
necessary steps to remove the vehicle.
3. No notice of intention is required by this section
if the property owner and the vehicle owner have signed releases
au#horizing removal and waiving further interest in the vehicle.
E. Low Value Vehicles.
1. A notice of intention is not required for a vehicle
valued at less than $200 by a person specified in Vehicle Code
Section 22855 ("low value vehicle") if the property owner has
signed a release authorizing removal and waiving further interest in
the vehicle, and the vehicle is:
•
2008 Public Safety Revisions.CC Staff Report rJ
Municipal Code Revisions Re:
Removal ofAbandoned Vehicles and
Unauthorized Vehicles on Private Pmper(y
• City Council Staff Report
July 14, 2008
a. located on a parcel that is either zoned
for agriculture use or does not contain any residential structure;
b. inoperable due to the absence of a
motor, transmission, or wheels and incapable of being towed, and
c. determined by the City to be a public
nuisance presenting an immediate threat to public health or safety.
2. Prior to final disposition under Vehicle Code
Section 22662 of a low value vehicle for which evidence of
registration was recovered pursuant to Section H, the City shall
provide notice to the registered and legal owners of the vehicle of
the City's intent to dispose of the vehicle. If the vehicle is not
claimed and removed from a location specified in Vehicle Code
Section 22662 within 12 days after the notice is mailed, final
disposition may proceed.
F. Hearin4.
• 1. Either the property owner or the owner of the
vehicle may request a hearing before the city council or its
designee within 10 days after the mailing of the notice of intention.
If a hearing is not requested within this period, the vehicle may be
removed.
2. At the hearing, the property owner, the owner of
the vehicle, or both, may submit evidence, both oral and written,
objecting to the abatement or removal. The property owner may
appear at the hearing in person or present a sworn written
statement denying responsibility for the presence of the vehicle on
his or her property and the reasons for the property owner's denial.
If such a statement is submitted within the 10-day appeals period, it
shall be construed as a request for hearing that does not require
the presence of the owner submitting the request.
G. City Determination. At the conclusion of the hearing,
the City shall determine whether the vehicle is a nuisance and
should be abated; and whether the vehicle shall be removed. If it is
determined at the hearing that the vehicle was placed on the real
property without the consent of the property owner and that the
. property owner has not subsequently acquiesced in its presence,
• then the City will not assess costs of administration or removal of
2008 Public Safety Revisions.CC Staff Report 6
Municipal Code Revisions Re:
Removal of Abandoned Vehicles and
Unauthorized Vehicles on Private Property
City Council Staff Report
July 14, 2008
the vehicle against the real property or otherwise attempt to collect
such costs from the property owner.
H. Notice to DMV. Within five days after the City or any
agent thereof removes any vehicle or any part thereof pursuant to
this chapter, the City shall give the Department of Motor Vehicles
notice of such removal. Such notice shall identify the vehicle or
part thereof and any evidence of registration available, including
registration certificates, certificates of title and license plates.
I. Reconstruction 'of Abandoned Vehicles. A vehicle
that has been removed pursuant to this chapter shall not be
reconstructed or made operable unless it qualifies for either a
horseless carriage license plate or an historical vehicle license
plate, pursuant to Vehicle Code Section 5004."
SECTION 2. Municipal Code Sections 7.40.020 through 7.40.050 are
renumbered to be Sections 7.40.025 through 7.40.055 respectively.
SECTION 3. Municipal Code Section 8.10.105 relating to driving on
private property is amended to read:
"§ 8.10.105. Driving or Leaving Vehicles on Private Property.
No person shall drive or leave any vehicle in, over or upon
private property without the permission of the owner or legal
occupant of such property.N
SECTION 4. If any section, subsection, subdivision, paragraph, sentence,
clause or phrase of this ordinance or any part thereof is for any reason held to be
invalid, such invalidity shall not affect the validity of the remaining portions of this
ordinance or any part hereof. The City Council hereby declares that it would
have passed each section, subsection, subdivision, paragraph, sentence, clause
or phrase hereof, irrespective of the fact that any one or more sections, subsec-
tions, subdivisions, paragraphs, sentences, clauses or phrases be declared
invalid.
PASSED, APPROVED AND ADOPTED by the City Council of the City of Seal
Beach at a meeting thereof held on the day of
2008.
Mayor
•
•
2008 Public Safety Revisions.CC Staff Report 7
Municipal Code Revisions Re:
Removal of Abandoned Vehicles and
Unauthorized Vehicles on Private Property
• City Council Sfaff Report
July 14, 2008
ATTEST:
City Clerk
STATE OF CALIFORNIA }
COUNTY OF ORANGE } SS
CITY OF SEAL BEACH }
I, Linda Devine, City Clerk of the City of Seal Beach, California do hereby certify
that the foregoing Ordinance was introduced for first reading at a meeting held on
the 14th day of July, 2008 and was passed, approved and adopted by the City
Council at a meeting held on the day of
2008 by the following vote:
• AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
ABSTAIN: Councilmembers:
And do hereby further certify that Ordinance Number 1577 has been published
pursuant to the Seal Beach City Charter and Resolution Number 2836.
City Clerk
•
2008 Public Safety Revisions.CC Staff Report $