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HomeMy WebLinkAbout1975-03-04; City Council; 3101; CMC 10.52 amends - Abandoned vehicles removal1 2 3 4 5 E 7 E s 1c 3.1 12 13 n 14 6 2c 21 22 23 24 25 26 27 28 z G 29 ORDINANCE NO. ~ini AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AMENDING CHAPTER 10.52 OF THE CARLSBAD MUNICIPAL CODE TO REVISE THE PROVISIONS FOR THE REMOVAL OF ABANDONED VEHICLES. The City Council of the City of Carlsbad, California, does ordain as follows: SECTION 1: Title 10, Chapter 10.52 of the Carlsbad Municipal Code is amended by the amendment of Sections 10.52.010, 10.52.040, and 10.52.070 to read as follows: "10.52.010 General--Definitions. 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 City of Carlsbad 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 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 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. As used in this Ordinance: (1) 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. (2) 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. (3) The term 'public property' does not include 'highway. Y ., 1 2 3 4 5 6 7 8 9 10 11 1% 1? 0 14 a 2c 21 2: 22 24 2: 2c 2'; 2E != 0 OC (4) The term 'owner of the land on which the vehicle, or parts on the last equalized assessment ro land' means the owner of the thereof, is located, as shown 1. (5) The term 'owner of the vehicle' means the last registered owner and legal owner of record, (6) The term 'city' means the City of Carlsbad." "10.52.040 Administration--Enforcement. Except as other- wise provided herein, the provisions of this chapter shall be administered and enforced by the City Manager or his designated representative or any other person or public entity as the City Council may designate. Whenever the term 'City Manager' is used in this chapter, it shall include any such person or public entity so designated by the City Council. In the enforcement of this chapter such officer and his deputies may enter upon private or public property to examine a vehicle or parts thereof, or ob- tain information as to the identity of a vehicle declared to be a nuisance pursuant to this chapter," "10.52.070 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 or ceriified 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: 'NOTICE OF INTENTION TO ABATE AND REMOVE AN ABANDONED, WRECKED, DISMANTLED OR INOPERATIVE VEHICLEOR 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 undersigned 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 Chapter 10.52 of the Carlsbad 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 fail- ure 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. 2. 1 2 3 4 5 6 7 8 9 10 11 12 13 n 14 2c 21 22 22 24 25 26 27 2e I- cj nn 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 Council within such 10-day period, the City Manager 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. sworn written statement within such 10-day period denying respon- sibility 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. 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. You may submit a You may appear in person at any Notice Mailed s/ (date) City Manager, City of Carlsbad' '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 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 10.52 of the Carlsbad Municipal Code. removal of said vehicle (or said parts of a vehicle) within 10 days from the date of mailing of this notice. You are hereby notified to abate said nuisance by the 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 Council within such 10-day period, the City Manager shall have the authority to abate and remove said vehicle (or said parts of a vehicle) without a hearing. Notice Mailed s/ (date) City Manager, City of Carlsbad' 3. 1 2 3 4 5 6 7 8 9 10 11 12 13 SECTION 2: Title 10, Chapter 10.52 of the Carlsbad Municipal Code is amended by the addi-ion of Sections 10.52.065 and 10,.52.085 to read as follows: "10.52.065 City Manager-- Authority to abate. 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 shall have the authority to cause the abatement and removal thereof in accordance with the procedure prescribed herein." "10.52.085 Request for hearing. Upon request by the owner of the vehicle or owner of the land received by the City Council within 10 days after the mailing of the notices of inten- tion to abate and remove, a public hearing shall be held by the City Council 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 registered or certified mail, at least LO 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 re- ceived within said 10 days after mailing of the notice of inten- tion 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. EFFECTIVE DATE: This ordinance shall be effective thirty days after its adoption, and the City Clerk shall certify to the adoption of this ordinance and cause it to be published at least once in the Carlsbad Journal within fifteen days after its adop- tion. INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City Council held on the 18th day of February , 1975, 4. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 and thereafter PASSED AND ADOPTED at a regular meeting of said Council held on the 4th day of March , 1975, by the following vote, to wit: AYES: Councilmen Frazee, Chase, Lewis, Skotnicki and NOES: None Counci 1 woman Cas1 er ABSENT: None ATTEST : (SEAL) 5.