HomeMy WebLinkAbout1984-02-21; City Council; 7649; Summary Abatement Procedure Vehicle Code""' co
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MTC?. 2/21/84
DEPT. CA
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CIT~ OF CARLSBAD -AGEND>-.. BILL
TITLE: AMENDING TITLE 10, CHAPTER 10. 52 TO
PROVIDE FOR A SUMMARY ABATEMENT PROCEDURE
CONSISTENT WITH THE PROVISIONS OF THE
VEHICLE CODE
RECOMMENDED ACTION:
If the City Council concurs your action is to intrJduce
Ordinance No. ,..3 I G,. t-
ITEM EXPLANATION
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DEPT. HD._-=-
CITY ATTY~
CITYMGR,;;l:J.,;
The City currently has procedures for the abatement of abandoned
or junked automobiles. This ordinance will allow for a more
expeditious abatement of junked automobiles on vacant property.
The new procedure is consistent with recent changes in state law.
The ordinance will apply only in limited situations, but in
those situations will reduce administrative cost.
FISCAL IMPACT
None.
EXHIBIT
Ordinance No. 31 4t,
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ORDINANCE NO. 3l.66
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 SECTION 10.52.125 TO PROVIDE FOR A
~UMMARY ABATEMENT PROCEDURE FOR CERTAIN LOW VALUE
VEHICLES CONSISTENT WITH THF PROVISIONS OF THE
VEHICLE CODE SECTION 22661(c).
The City Council of the City of Carlsbad, California does
ordain as follows:
SECTION 1: That Title 10, Chapter 10.52 of the Carlsbad
Municipal Code is amended by the addition of Section 10.52.125
to read as toltows:
"10.52.125 Summary abatement procedure.
(a) The notice of intention to abate and remove a
vehicle or part thereof need not be given if:
(1) The vehicle or part thereof is located upon a
parcel of land zoned for agricultural use or not improved with a
residential structure containing one or more dwelling unJtsi ~nd
(2) The property owner and owner of the vehicle
have signed releases authorizing removal and waiving any further
interest in the vehicle or part thereof1 or
(3) The vehicle or part thereof is inoperable due
to the absence of a motor, transmission, or wheels and incapable of
being towed, is valued at less than two hundred dollars by a person
designated by Section 22855 of the State Vehicle Code, is
determined by the City Council to be a public nuisance presenting
an immediate threat to public health or safety, and the property
owner has signed a release authorizing removal and waiving any
further interest in the vehicle or part thereof. Prior to final
disposition of the vehicle or part thereof, the City Manager shall
give the notice specified in Section 22661(c) of the State Vehicle
Code.
(b) If the owner of the p~operty or vehicle desires a
hearing pursuant to this chapter the request therefore shall be
filed at the time of signing the release provided for in this
section."
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
adoption.
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l INTRODUCED AND FIRST READ at a regular meeting of the
2 Carlsbad City Council held on the 21st day of February
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1984, and thereafter
·n o E aqjomned · f · d C · rASSED AND AD PT D at a;reguiar meeting o sa1 ity
5 Council held on the 13th
6 following vote, to wit:
day of _Mar_ch ____ , 1984 by the
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ATTEST:
(Seal)
AYES: Council ~ Casler, Lewis, Kul.chin, 0?-ick and Prescott
NOES: N::me
ABSENT: Nbne
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