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HomeMy WebLinkAbout1981-08-04; City Council; 6699; Amendments to Municipal Code Abandoned VehiclesAGENDA BlLL AGENDA BILL NO: _..::4....,t, __ 9_9,,_ ______ _ DATE: AUGUST 4, 1981 DEPARI'MENT: PI/INNING &'UBJEcr: INITIAL: MJ~H:ar DEPT. HD~ ......... _____ _ Cl'Y. ATTY. \/&13 CIT. MGR. f: j/fa' F-.MENDMEN'l'S 'ID MUNICIPAL OODE REGARDING ABANDONED VEHICLES STATEMENT OF THE MATI'ER: '!his item is an amendment to the existing chapter of the Municipal C.ode per- taining to the storage of abarxloned vehicles. '!he amendment was drafted by the City Attorney's Office at the request of the Planning Department. '!he amendment would add two new sections to the code. '!he first new section would establish a maximum of three days before the storage of an abandoned vehicle becomes a violation of the code. '!he second new section would make it a criminal act (infraction) punishable by a fine if the violator fails to canply. 'Ihese two new sections will help staff greatly in enforcing the law against storing aban- doned vehicles especially in residential areas. FISCAL IMPAcr Savings in staff time relating to enforcement of code. ENVIROOMENTAL REVIEW Exempt from environmental review per Section ,9.04.070(6)(D) of the Environ- mental Protection Ordinance. RECOMMENC'A'i'ION It is reromrrended that the City Council adopt Ordinance No. ~·01. :3,. , amending Chapter 10.52 of the Municipal Code regarding abandoned vehicles. ATl'ACHMENl' Ordinance No. S-oc, ~ COlNCIL ACTIOO: 8-4-81 8-18-81 APPROVED Council :introduced Ord:inance No. 5062. c, ~ ID II) ~ 8 • a: N II:< CJ) ... CJ c( OIL w -00 :::,z z z 0: -~ w C 0 > u. iii-<t _ (,) :E ...J_ u:' u:5 ... >-8 • zW 0 ~ f2 ::! ~ Z O !3 > ~ a: ~ 5 u l 2 3 4 5 6 ORDINANCE ___ so-6-2.__ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AMENDING TITLE 10, CHAPTER 10.52 OF THE CARLSBAD MUNICIPAL CODE BY THE ADDITION OF SECTIONS 10.52.130 AND 10. 52. 140, PROHil3I'.rING ABANDONMENT, PARKING OR STORAGE OF A VEHICLE IN EXCESS OF THREE DAYS. The City Council of the City of Carlsbad, California, 7 does ordain as follows: 8 SECTION 1: That Title 10, Chapter 10.52 of the 9 Carlsbad Municipal Code is amended by the addition of Sections 1c-10.52.130 and 10.52.140 to read as follows: 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 "10.52.130 Unlawful and an infraction to abandon, park, store or leave vehicle 1n excess of three days. (a) It shall be unlawful for any person to abandon, park, store, or leave or permit the abandonment, parking, storing or leaving of any licensed or unlicensed vehicle or part thereof, which is in an ~bandoned, wrecked, dismantled or inoperative condition upon any private property or public property, not including highways, within the city for a oeriod in excess of three days, unless such vehicle or part 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, or unless such vehicle is stored or parked i~ a lawful manner on a private property in connection with the business of a licensed disman~ler, licensed vehicle dealer. or a junkyard. 10.52.140 Unlawful and an infraction not to remove vehicle or abate nuisance. (a) It shall be unlawful for any person to fail or refuse to remove an abandoned, wrecked, dismantled or inoperative vehicle or part thereof, or refuse to abate such nuisance when ordered to do so in accordance with the abatement provisions of this article, or state law where such state law is applicable. (b) Violations shall be punished according to the provisions of Section 1.08.010 of this Code." thirty to the I'll Ill EFF.ECTIVE DATE: This o:dinance shall be effective days after its adoption, and the City Clerk shall certify adoption of this ordinance and cause it to be published ,, l 2 at least once in the Carlsbad Journal within !ifteen days after 3 its adoption. 4 INTRODUCED AND FIRST READ at a regular meeting of the 5 Carlsbad City Council held on the 4th day of 6 1981, and thereafter August --"'-----' 7 PASSED AND ADOPTED at a regular meeting of said City 8 Council held on the 18th day of August , 1 981 , 9 by the following vote, to wit: 10 ll 12 13 14 15 ATTEST: 18 ( SEAL) 19 20 21 22 23 24 25 26 27 28 AYES: NOES: ABSENT: / Comcil Members Packard, Casler, An.ear, Lewis. None Council Menber K-"1 ~c~~~~~~~ .... ,=-,.,~-~ ....;:._ RONALD c. PACKARD, Mayor