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
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INITIAL: MJ~H:ar
DEPT. HD~
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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.
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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:
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"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
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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
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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:
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ATTEST:
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AYES:
NOES:
ABSENT:
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Comcil Members Packard, Casler, An.ear, Lewis.
None
Council Menber K-"1 ~c~~~~~~~ .... ,=-,.,~-~ ....;:._
RONALD c. PACKARD, Mayor