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Home My WebLink AboutCC AG PKT 2008-07-28 #CAGENDA STAFF REPORT DATE: July 28, 2008 TO: Honorable Mayor and City Council THRU: David Carmany, City Manager FROM: Lee Whittenberg, Director of Development Services SUBJECT: ADOPTION OF ORDINANCE NO. 1577 -RELATING TO REMOVAL OF ABANDONED VEHICLES AND UNAUTHORIZED VEHICLES ON PRIVATE PROPERTY SUMMARY OF REQUEST: Waive further reading and Adopt Ordinance No. 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. BACKGROUND: The City Council considered this matter on July 14, 2008 and introduced the subject ordinance. It is now appropriate to adopt the subject ordinance. FISCAL IMPACT: None. RECOMMENDATION: Waive further reading and Adopt Ordinance No. 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. NOTED AND APPROVED: ~_ ~ ~-~ %` ee Whittenberg David Carmany Director of Development Servic~ City Manager Attachment: Ordinance No. 1577 R:\07-28-08 Council Meeting -Agenda Items\DS -Staff Report -Abandoned Vehicles -Ord ~Vgllt~t~-~ 5-0~ C ORDINANCE NUMBER 1 S77 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 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 Qontractor 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: 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 owner") 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 Ei, 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 Ordinance Number 1577 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 authorizing 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: 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. Hearing. 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. Citv 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 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 DS -Ord #75T/ -Abandon Vehicle Ordinance Number 1577 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." SECTION 4. It 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 tact 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 28th day of Julv , 2008. Mayor 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 Julv , 2008 and was passed, approved and adopted by the City Council at a meeting held on the 28th day of Julv , 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 DS -Ord #1577 -Abandon Vehicle