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ORD 021 ORDINANCE NO. 21 AN ORDINANCE. OF THE CITY OF RANCHO PALOS VERDES REGULATING ABANDONED AND INOPERATIVE VEHICLES DECLARING THEM TO BE A PUBLIC NUISANCE AND SETTING FORTH PROCEDURES FOR THE ABATEMENT OF SUCH NUISANCES , AMENDING THE RANCHO PALOS VERDES MUNICIPAL CODE. THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES DOES HEREBY ORDAIN AS FOLLOWS: Section 1 . Article III of the Rancho Palos Verdes Municipal Code is hereby amended by adding a Chapter 3 to read as follows : CHAPTER 3 - ABANDONED VEHICLE ABATEMENT 3300 . Findings. 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 hereby makes the following findings and declarations : The accumulation and storage of abandoned, wrecked, dis- mantled or inoperative vehicles or parts thereof on private or public property not including highways is hereby found to create a condition tending to reduce the value of private property, to promote blight and dterioration, to invite plundering, to create 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 ex- pressly hereinafter permitted, is hereby declared to constitute a public nuisance which may be abated as such in accordance with the provisions of this chapter. 3301. Definitions. As used in this chapter. (a) The term "vehicle" means a device by which any person or property may be propelled, moved, or drawn upon a high- way, except a device moved by human power or used exclusively upon stationary rails or tracks. (b) The term "highway" means 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" means the last registered owner and legal owner of record. 3302 . Exemptions. This chapter 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 (b) A vehicle, or parts thereof, which is stored or parked in a lawful manner on private property in connection with the business of a licensed dismantler, licensed vehicle 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 chapter. 3303 . Non Exclusive Regulations. This 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 ordinances heretofore or hereafter enacted by the City, the State, or any other legal entity or agency having jurisdiction. 3304 . Administration and Enforcement. Except as other- wise provided herein, the provisions of this chapter shall be administered and enforced by the City Manager, or his designee . In the enforcement of this chapter, the City Manager, or his designee, or assistant may enter upon private or public property to examine a vehicle or parts thereof, or obtain information as to the identity of a vehicle and to remove or cause the removal of a vehicle or parts thereof declared to be a nuisance pursuant to this chapter. 3305 . Same. 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 chapter. 3306 . Determination of Administrative Costs . The City Council shall from time to time determine and fix an amount to be assessed as administrative costs excluding the actual cost of removal of any vehicle or parts thereof under the chapter. 3307 . 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 City Manager, or his designee, shall have the authority to cause the abatement and removal thereof in accordance with the procedure prescribed herein. 3308 . Notice. A 10-day notice of intention to abate and remove the vehicle, or parts thereof, as a public nuisance shall be mailed by registered 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 owner- ship. The notices of intention shall be in substantially the following forms : NOTICE OF INTENTION TO ABATE AND REMOVE AN ABANDONED, WRECKED, DISMANTLED, OR INOPERATIVE VEHICLE OR PARTS THEREOF AS A PUBLIC NUISANCE Page 2 Ord 21 (Name and address of owner of the land) As owner shown on the last equalized assessment roll of the land located at (address) , you are hereby notified that the undersigned, pursuant to Article III, Chapter 3 of the Rancho Palos Verdes Municipal Code, has determined that there exists upon said land an (or parts of an) abandoned, wrecked, dismantled, or inoperative vehicle registered to , license number , which constitutes a public nuisance pursuant to the provisions of Article III, Chapter 3 of the Rancho Palos Verdes Municipal Code. You are hereby notified to abate said nuisance by the removal of said vehicle (or said parts of a vehicle) within 10 days from the date of mailing of this notice, and upon your failure to do so the same will be abated and removed by the City and the costs thereof, together with administrative costs , assessed to you as owner of the land on which said vehicle (or said parts of a vehicle) is located. As owner of the land on which said vehicle (or said parts of a vehicle) is located, you are hereby notified that you may, within 10 days after the mailing of this notice of intention, request a public hearing and if such a request is not received by the City Manager or his designee within such 10-day period, the City Manager or his designee shall have the authority to abate and remove said vehicle (or said parts of a vehicle) as a public nuisance and assess the costs as aforesaid without a public hearing. You may submit a sworn written statement within such 10-day period denying responsibility for the presence of said vehicle (or said parts of a vehicle) on said land, with your reasons for denial, and such statement shall be construed as a request for hearing at which your presence is not required. You may appear in person at any hearing requested by you or the owner of the vehicle or, in lieu thereof, may present a sworn written statement as aforesaid in time for consideration at such hearing. Notice Mailed s/ City Manager NOTICE OF INTENTION TO ABATE AND REMOVE AN ABANDONED, WRECKED, DISMANTLED, OR INOPERATIVE. V.EH.ICL.E. OR PARTS THEREOF AS A PUBLIC NUISANCE (Name and address of last registered and/or legal owner of record of vehicle --notice should be given to both if different) As last registered (and/or legal) owner of record of (description of vehicle - make, model, license, etc. ) you are hereby notified that the undersigned, pursuant to Article III , Chapter 3 of the Rancho Palos Verdes Municipal Code, has determined that said vehicle (or parts of a vehicle) exists as an abandoned, wrecked, dismantled or inoperative vehicle at (describe location on public or private property) and constitutes a public nuisance pursuant to the provisions of Article III , Chapter 3 , of the Rancho Palos Verdes Municipal Code. You are hereby notified to abate said nuisance by the re- moval of said vehicle (or said parts of a vehicle) within 10 days from the date of mailing of this notice. As registered (and/or legal) owner of record of said vehicle (or said parts of a vehicle) , you are hereby notified Page 3 Ord 21 that you may, within 10 days after the mailing of this notice of intention, request a public hearing and if such request is not received by the City Manager or his designee within such 10-day period, the City Manager or his designee shall have the authority to abate and remove said vehicle (or said parts of a vehicle) without a hearing. Notice Mailed s/ City Manager 3309. Public Hearing. Upon request by the owner of the vehicle or owner of the land received by the City Manager or his designee within 10 days after the mailing of the notices of intention to abate and remove, a public hearing shall be held by the City Manager or his designee on the question of abatement and removal of the vehicle or parts thereof as an abandoned, wrecked, dismantled or inoperative vehicle, and the assessment 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 submits a sworn written state- ment denying responsibility for the presence of the vehicle on his land within such 10-day period, said statement shall be construed as a request for a hearing which does not require his presence. Notice of the hearing shall be mailed, by registered mail, at least 10 days before the hearing 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 ownership. If such a request for hearing is not received within said 10 days after mailing of the notice of intention to abate and remove, the City shall have the authority to abate and remove the vehicle or parts there- of as a public nuisance without holding a public hearing. 3310.. Same. All hearings under this chapter shall be held before the City Manager or his designee which shall hear all facts and testimony he deems pertinent. $aid facts and testimony may include testimony on the condition of the vehicle or parts thereof and the circumstances concerning its location on the said private property or public property. The City Manager or his designee shall not be limited by the technical rules of evidence. The owner of the land may appear in person at the hearing or present a sworn written statement in time for con- sideration at the hearing, and deny responsibility for the presence of the vehicle on the land, with his reasons for such denial. The City Manager or his designee may impose such con- ditions and take such other action as he deems appropriate under the circumstances to carry out the purpose of this charter. He may delay the time for removal of the vehicle or parts thereof if, in his opinion, the circumstances justify it. At the con- clusion of the public hearing, the City Manager or his designee may find that a vehicle or parts thereof has been abandoned, wrecked, dismantled, or is inoperative on private or public property and order the same 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 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. Page 4 Ord 21 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 subsequently acquiesced in its presence, the City Manager or his designee shall not assess the costs of admini- stration or removal of the vehicle against the property upon which the vehicle is located or otherwise attempt to collect such costs from such owner of the land. If the owner of the land submits a sworn written statement denying responsibility for the presence of the vehicle on his land but does not appear, or if an interested party makes a written presentation to the City Manager or his designee, but does not appear, he shall be .notified in writing of the decision. 3311. Appeal . Any interested party may appeal the decision of the City Manager or his designee by filing a written notice of appeal with the said City Manager or his designee within five days after his decision. Such appeal shall be heard by the City Council which may affirm, amend or reverse the order to take other action deemed appropriate. The clerk shall give written notice of the time and place of the hearing to the appellant and those persons specified in Section 3308 . — In conducting the hearing, the City Council shall not, b limited by the technical rules of evidence. 3312 . Removal Following Appeal . Five days after adoption of the order declaring the vehicle or parts thereof to be a pub- lic nuisance, five days from the date of mailing of notice of the decision if such notice is required by Section 3310 , or 15 days after such action of the governing body authorizing removal following appeal, the vehicle or parts thereof may be disposed of by removal to a scrapyard or automobile disxmantler 's yard. After a vehicle has been removed, it shall not thereafter be reconstructed or made operable. 3313 . Notice to Department of Motor Vehicles . Within five _days after the date of removal of the vehicle or parts there- . of, ncatice shall be given to the Department of Motor Vehicles identifying the vehicle or parts thereof removed. At the same 2 - time, :there shall be transmitted to the Department of Motor Veicl=es any evidence of registration available, including registration certificates, certificates of title, and license plates. 3314 . Assessment of Costs . If the administrative costs and the cost of removal which are charged against the owner of a parcel of land pursuant to Section 3310 are not paid within 30 days of the date of the order, or the final disposition of an appeal therefrom, such costs shall be assessed against the parcel of land pursuant to Section 38773 .5 of the Government Code and shall be transmitted to the tax collector for collection. Said assessment shall have the same priority as other city taxes. Page 5 Ord 21 PASSED, APPROVED, AND ADOPTED this 19th day of February ► 1974 . AYES : Buerk, Dyda, Ruth, R. Ryan, M. Ryan NOES: None ABSENT: None MAYO' / ATTEST: Cl CLERK 4. I HEREBY CERTIFY that the foregoing is a true and correct copy of Ordinance No. 21, passed and adopted by the City Council of the City of Rancho Palos Verdes at a meeting thereof held on the 19th day of February, 1974 , and that said Ordinance was posted pursuant to law. LEONARD G. WOOD, CITY CLERK AND EX OFFICIO CLERK OF THE COUNCIL By Deputy Page 6 Ord 21 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS. CERTIFICATE OF POSTING CITY OF RANCHO PALOS VERDES ) The undersigned declares and certifies under penalty of perjury: That he at all times herein mentioned was and now is the duly qualified and acting City Clerk of the City of Rancho Palos Verdes, California; That on the 2 day of 9 19 7 he caused to be posted in three conspicuous public places, as required by law, a copy of which is attached hereto, in the following public places in this City: City Hall 31244 Palos Verdes Drive West Los Angeles County Fire Station 4000 Miraleste Plaza Ridgecrest Intermediate School 28915 Northbay Road Dated thisc;UL day of 19-7 ( . LEONARD G. WOOD, CITY CLERK EX OFFICIO CLERK OF THE COUNCIL By ' 'ZL.0 Deputy