HomeMy WebLinkAboutCC Ord 1577 2008-07-28ORDINANCE NUMBER ~ 577
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 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:
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 Day 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 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
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. 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
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
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. 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 28th day of July , 2008.
ATTEST:
City Clerk
STATE OF CALIFORNIA }
COUNTY OF ORANGE } SS
CITY OF SEAL BEACH }
~~~
Mayor
1
1
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 28th day of Julv , 2008 by the
following vote:
AYES: Councilmembers:
1 ~.-~~~
NOES: Councilmembers:
ABSENT: Councilmembers: ~yc,~~
ABSTAIN: Councilmembers: iY~l~~
And do hereby further certify that Ordinance Number 1577 has been published
pursuant to the Seal Beach City Charter and Resolution Number 2836.
Ci y Clerk
1
u
1
Ordinance Number 1577
PROOF OF PUBLICATION
(2015.5 C.C.P.)
STATE OF CALIFORNIA,
County of Orange
I am a citizen of the United States
and a resident of the county afore-
said; I am over the age of eighteen
years, and not a party to or inter-
ested in the above-entitled matter.
I am the principal clerk of the printer
of the SEAL BEACH SUN, a
newspaper of general circulation,
printed and published weekly in the
City of Seal Beach, County of
Orange and which newspaper has
been adjudged a newspaper of
general circulation by the Superior
Court of the County of Orange, State
of California, under the date of
2 4/7 .Case Number A82583; that
the notice of which the annexed is a
printed copy (set in type not smaller
than nonpareil), has been published
in each regular and entire issue of
said newspaper and not in any
supplement thereof on the following
dates, tp-wit: ,
all in thee` year 2008.
I certify (or declare) under penalty of
perjury that the foregoing is true and
correct.
D
viy~ ia~ul ~
PUBLICATION PROCESSED BY:
THE SEAL BEACH SUN
216 Main Street
Seal Beach, CA 90740
(562) 430-7555
This space is for the County
Clerk's Filing Stamp
Proof of Publication of
S U~M IN;A'I~Yk ORDINANCE.
~~~~~~~~~~,~.NUMBER 15,77: ' "'' ": 't
AN ORDINANCE O~ THE CITY
~•OF.SEAI;,BEACH AMENDING
l~,~Ti~H~F'ALYBFIACH MU[VICIPAL
--~,R~L'ATiNG TO REMOVAL ' • • • • • • • • • • • •
OF•'' BANDONED VEHICL`_ES,
). AIVI)~~UN1IUTHORIZEU 'V EHI-
:"GEES ON PRIVATE PROPERTY
ia~ Thadrdposed~Pe"vieio~siwill+
accdmpllsh the'following:'Add;a'
trrew Section:7:40.020, Additional
Procedure wFor T Remoi~ing
wrAbandoned;Vefilcles.=•tfie pro-
Y Posed_addttiotial language will
- incorpdrate'•lanpuage• In•acco~-
uSdance with"applicable Proylsloris
of-the Callforhle Veh+cle;COde-
' ; Miinidpel Code Secllons 7.40.020
p~tFird'ugh,7,:40;050 to be SeCtlonti
k tl~i"re~~~~aridthRe'o"g~'~seh 7 ~ 1; i
•- rewsedto,lncorpoFete previous
'lengtfege from'Sectlon 13.53 that
,+ was del~~tedsregarding-leavingg
;....,an;lllegallji jisrlied vehk:le on pri-
vats property`s, ; C~' 3
4 The amendments were. pro-
+, Ni;;t- icf A~iandonedVeNicles"..
%-Pblkepartmern penionnel wllll.,
3''!P-sPar9 the'requlred 1,0•deTy iiotlce ;
~ of,intention to abate and remove>i
p e vehicle or papprt thereof p'ur-suent
i'• ~visaons'of Callfornahce.wf ~a11 p~ro-e +
,.Section,22861..?
Ordinance Number 1577,was
`' Introduced at the regular Clty
~~Counplbmeeting of Ju 14, 2008.
. Second reading and ~doption of
t+Or~linahbe •#157,7~Is:scheduled
~forJuly 28,'200Q
IntPoduction ahd first reading
'°of Ordlnanbe Number 1577 was.3
~• epproveit by tlie~following vote: - .
~•,AYES: Antos;.Levltt~Mllle'r~:
,y Shanks, Sloen I ' • • ,
.s;NOES:~None Motion carried
of the CIty Clerk; C Hall, 211 =:
•"sBfFP•StreeM.Seal •telephone
it 552 431'-2527 ext. 1305. `" ~'-'f ~
,,,~AT~D THIS 15th day-of•July
-2008.• ,.~.~.' •' ' • .
~`L9nda,Detil e,~Clty'Clerk •,Y;:'i;i•;
u~Cliy of-$_ ebl Beach ~,`. , ,
S9=259 •. . - ? ,7•!`L . •+f-..
-Published In-the Seal Beath Sun
"()7/24/2008: .- ~ - •