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HomeMy WebLinkAbout220ORDINANCE NO. 220 AN ORDINANCE OF THE TOWN OF LOS ALTOS HILLS AMENDING TITLE 4 OF THE LOS ALTOS HILLS MUNICIPAL CODE BY ADDING THERETO CHAPTER 6 ENTITLED "ABATEMENT AND REMOVAL OF ABANDONED AND OTHER VEHICLES" The City Council of the Town of Los Altos Hills does ordain, as follows: SECTION 1. 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 of the Town of Los Altos Hills hereby makes the following findings and declarations: 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 create a condition tending to reduce the value of private property, to promote blight and deterioration, 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 expressly hereinafter permitted, is hereby declared to constitute a public nuisance which may be abated as such in accordance with the provisions of this Ordinance. Cr %0 SECTION 2. AMENDMENT OF CODE. Title 4 of the Los Altos Hills Municipal Code entitled "Public Safety" is hereby amended by adding thereto Chapter 6 to read as follows: CHAPTER 5. Abatement and Removal of Abandoned and Other Vehicles. Section 4-6.01. Definitions. For the purposes of this Chapter, the following words and terms shall have the meaning ascribed to them in this Section. (a) The term "Chief of Police" means the Chief of Police of the Town of Los Altos Hills and his authorized representatives. (b) The term "City" means the Town of Los Altos Hills. (c) The term "City Clerk" means the City Clerk of the Town of Los Altos Hills. (d) The term "City Council" means the City Council of the Town of Los Altos Hills. (e) The term "City Manager" means the City Manager of the Town of Los Altos Hills. (f) The term "highway" means a way or place of what- ever nature, publicly maintained and open to the use of the public for purposes of vehicular travel. Highway includes street. (g) 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. -2- V d (h) The term "owner of the vehicle" means the last registered owner and legal owner of record. (i) The term "person" means individuals, firms, associations, partnerships, joint ventures, and corpora- tions, and agents, employees, or representatives thereof. (j) The term "public property" does not include "highway". (k) 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. Section 4-6.02. Vehicles Excluded. 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 of historic value as defined in the Vehicle Code of California, or as hereafter amended, or one which is a vintage or antique vehicle; or (c) A vehicle, or parts thereof, actively being used in connection with a school, or personal project of any student or youth, so long as such vehicle is housed as provided in subsection (a) of Section 4-6.02. Nothing in this Section shall authorize the mainten- ance of a public or private nuisance as defined under provisions of law other than Chapter 10 (commencing with -3- V %# Section 22650) of Division 11 of the Vehicle Code and this Chapter. Section 4-6.03. Not Exclusive Regulation. 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 Los Altos Hills Municipal Code and 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. Section 4-6.04. Enforcement Officer; Entry Upon Property. Except as otherwise provided herein, the provision of this Chapter shall be administered and enforced by the Chief of Police. In the enforcement of this Chapter such officer and his deputies upon approval of the City Council 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. Section 4-6.05. Franchise Holder; Entry Upon Property. 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 to cause the removal of a vehicle or parts thereof declared to be a nuisance pursuant to this Chapter. -4- 4 d► Section 4-6.06. Costs to be Fixed by Resolution. The City Council by Resolution shall from time to time determine and fix an amount to be assessed as admin- istrative costs under this Chapter. Section 4-6.07. Abatement and Removal Authorized. 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 Chief of Police shall have the authority to cause the abstement and removal thereof in accordance with the procedure prescribed herein. Section 4-6.06. Notice Required. A 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 ownership. The notices of intention shall be in substantially the following forms: -5- V v NOTICE OF INTENTION TO ABATE AND REMOVE AN ABANDONED, WRECKED, DISMANTLED, OR INOPERATIVE VEHICLE OR PARTS THEREOF AS A PUBLIC NUISANCE (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 under- signed pursuant to Section 4-6.07 of the Los Altos Hills 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 provision of Chapter 6 of Title 4 of the Los Altos Hills 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 Clerk within such 10 -day period, the Chief of Police 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 (date) s/ (locally designated officer) V J NOTICE OF INTENTION TO ABATE AND REMOVE AN ABANDONED, WRECKED, DISMANTLED OR INOPERATIVE VEHICLE 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 Section 4-5.07 of the Los Altos Hills 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 Chapter 6 of Title 4 of the Los Altos Hills 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. As registered (and/or legal) owner of record of said vehicle (or said parts of a vehicle), 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 Clerk with such 10 -day period, the Chief of Police shall have the authority to abate and remove said vehicle (or said parts of a vehicle) without a hearing. Notice Mailed (date) s/ (locally designated officer) -7- Section 4-.6.09. Public Hearing When Required. Upon request by the owner of the vehicle or owner of the land received by the City Clerk 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 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 statement 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 the City Clerk by registered or certified 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 thereof as a public nuisance without holding a public hearing. Section 4-6.10. Public Hearing; Procedure. All hearings under this Chapter shall be held before the City Manager who shall hear all facts and testimony he deems Z -B V J pertinent. Said facts and testimony may include testimony on the condition of the vehicle or parts thereof and the circum- stances concerning its location on the said private property or public property. The City Manager 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 consideration at the hearing, and deny responsibility for the presence of the vehicle on the land, with his reasons for such denial. The City Manager may impose such conditions and take such other action as he deems appropriate under the circumstances to carry out the purposes of this Chapter. He may delay the time for removal of the vehicle or parts thereof if, in his opinion, the circumstances justify it. At the conclusion of the public hearing, the City Manager 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. 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 shall not assess the costs of administration 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 but does not appear, he shall be notified in writing of the decision by registered or certified mail. Section 4-6.11. Appeal; Procedure. Any interested party may appeal the decision of the City Manager by filing a written notice of appeal with the said City Manager within five days after its decision. Section 4-6.12. Appeal Hearing; Procedure. Such appeal shall be heard by the City Council which may affirm, amend or reverse the order or take other action deemed appropriate. The City Clerk shall give written notice of the time and place of the hearing to the appellant and those persons specified in Section 4-6.06. In conducting the hearing the City Council shall not be limited by the technical rules of evidence. Section 4-6.13. Removal of Vehicle or Parts; When Permitted. Five days after adoption of the order declaring the vehicle or parts thereof to be a public nuisance, five days from the date -10- of mailing of notice of the decision if such is required by Section 4-6.10, or 15 days after such action by the City Council authorizing removal following appeal, the vehicle or parts thereof may be disposed of by removal to a scrapyard or automobile dismantler's yard. After a vehicle has been removed it shall not thereafter be reconstructed or made operable. Section 4-6.14. Notice to Department of Motor Vehicles. Within five days after the date of removal of the vehicle or parts thereof, notice shall be given to the Department of Motor Vehicles identifying the vehicle or parts thereof removed. At the same time there shall be transmitted to the Department of Motor Vehicles any evidence of registration available, including registration certificates, certificates of title and license plates. Section 4-6.15. When Costs to be Assessed Against Land. i£ the administrative costs and the cost of removal which are charged against the owner of a parcel of land pursuant to Section 4-6.10 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 36773.5 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. Section 4-6.16. Unlawful to Abandon Vehicle or Parts. It shall be unlawful for any person to abandon, park, store, or leave or permit the abandonment, parking, storing or leaving -11- of any licensed or unlicensed vehicle or parts thereof which is in an abandoned, wrecked, dismantled or inoperative con- dition upon any private property or public property not including highways within the City for a period in excess of three days unless such vehicle or parts thereof is completely enclosed within a building in a lawful manner where it is not plainly visible from the street or other public or private property. Section 4-6.17. Unlawful to Fail to Remove. It shall be unlawful for any person to fail or refuse to remove an abandoned, wrecked, dismantled or inoperative vehicle or parts thereof or refuse to abate such nuisance when ordered to do so in accordance with the abatement pro- visions of this Chapter or State law is applicable. SECTION 3. SEVERABILITY. (a) If any Section, subsection, paragraph, sentence, clause or phrase of Chapter 6 of Title 4 of the Los Altos Hills Municipal Code, or any part thereof, is for any reason held to be unconstitutional or invalid or ineffective by any court of competent jurisdiction, or other competent agency, such decision shall not affect the validity or effectiveness of the remaining portions of said Chapter 6 of Title 4, or any part thereof. The City Council hereby declares that it would have passed each Section, subsection, paragraph, sentence, clause or -12- 6✓ J phrase thereof, irrrespective of the fact that any one or more Sections, subsections, paragraphs, sentences, clauses or phrases be declared un- constitutional or invalid or ineffective. (b) If the application of any provision or provisions of said Chapter 6 of Title 4 to any person, property or circumstances is found to be unconstitutional or invalid or ineffective in whole or in part by any court of competent jurisdiction, or other competent agency, the effect of such decision shall be limited to the person, property or circumstances immediately involved in the controversy, and the application of any such provision to other persons, properties and circumstances shall not be effected. SECTION 4. EFFECTIVE DATE: POSTING. This Ordinance shall be in full force and effect thirty (30) days from and after its passage, and shall be posted within the Town of Los Altos Hills in three (3) public places. I HEREBY CERTIFY that the foregoing Ordinance was introduced at a regular meeting of the City Council of the Town of Los Altos Hills on September 4, 1974, and was thereafter passed and adopted at a regular meeting of the City Council held on the 6th day of November, 1974. � ��/ �' eput ity GlerK -13-