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Home My WebLink AboutORD 2738., .. .I • • ORIGINAL ORDINANCE NO. -22u.3._Q __ _ ORDIN~~CE OF THE COUNCIL OF THE CITY OF PALO ALTO DECLARING ABANDONED VEHICLES ON PUBLIC OR PRIVATE PROPERTY, EXCEPT HIGHWAYS, TO BE PUBLIC NUISANCES, AND ADDING CHAPTER 9. 64 TO THE PALO ALTO MUNICIPAL CODE TO CREATE A PROCEDURE FOR THE REMOVAL AND DISPOSITION THEREOF The Council of the City of Palo Alto dcies ORDAIN as follows: SECTION 1. The Council hereby finds and declares that abandoned, wrecked, dismantled or inoperative vehicles, or parts thereof, are a public nuisance and the same are a menace and danger to the public health, safety and welfare. SECTION 2 , Chapter 9 • 6 4 -"ABANDONED, WRECKED, DISMANTLED OR INOPERATIVE VEHICLES" -as shown on Exhibit A attached hereto and incorporated herein by reference, is hereby added to the Palo Alto Municipal Code. SECTION 3. This ordinance shall become effective upon the expiration of thirty days from its passage. INTRODUCED: ~ugt.tst .13;· 1973· PASSED: August ·27-1 -1973 AYES: Beahrs, Clay, Henderson~ Norton~ :t?earson ~ Rosenbaum NOES: None ABSJt1NT: Berwald, Comatock, Sher ATTEST: ~PROVED AS TO FORM: APPROVED: [;~ £~/ Vc~ Mayor (~ (l 1 \....--'\_; ; \l"' (A..·'> ~}--~~~->· "' : ( ') ~i 2\ ·. > >:... \ • • CHAPTER 9.64 ABANDONED, WRECKED, DISMANTLED OR INOPERATIVE VEHICLES Seotions: -9.64.010 9.64.020 9.64.030 9.64.040 9.64.050 9.64.060 9.64.070 9.64.080 9.64.090 9.64.100 9.64.110 Declaration of purpose. Declaration of public nuisance. Administration of chapter. Notice of violation. Hearing. Conduct of hearing. Collection of costs. Removal. Repair or reconstruction prohibited. Notice to state agencies; appraisal. Inapplicability of chapter. 9.64.010 Declaration of purpos~. This chapter is enacted pursuant to authorization contained in the California Vehicle Code, par~icularly Sections 9250.7, 22660, 22702, and 22710, as the same may be amended from time to time, or successor legis lation in order to effectuate the.removal of abandoned, wrecked, dismantled or inoperative vehicles or parts thereof £rom private property or from public property, not including highways, and recovery of costs of administration and removal thereof; and for the further purpose of qualifying for such funds as may be made available by the State of California, Department of Public Works, from the Abandoned Vehicle Trust Fund. 9.64.020 Declaration o£ public nuisance. Abandoned, wrecked, dismantled, or inoperative vehicles! or parts thereof, upon public property or private property, except highways, are hEareby declared to be a public nuisance, anC shall be abated and disposed of as provided in this chapter, in addition to such other remedies as may be provided in ~~ia code or by law. 9. 64.030 Administration of chaeter. The city manager or such other regularly ~~laried, full time employees of the -~~ City of Palo ~lto as may be delegated by the city manager, -; are hereby authorized to administer and enforce the provisions of this chapter, except that actual removal of vehicles or .. • • parts thereof from property may be by any person so authorized by the city manager or his delegate. 9.64.040 Notice of violation. Whenever the existence of an abandoned, wrecked, dismantled or inoperative vehicle, or parts thereof, on private property or public property, not including highways, is made known to the city manager, he shall give not less than ten days notice of intention to abate and remove the vehicle or part thereof as a public nuisance, and of the hearing rights of the owner of the property on which the vehicle is located and the owner of the vehicle, by sending such notice by registered or certified mail, to the owner of the land as shown on the last equalized assessment roll and to the last registered and legal owner of record unless the vehicle is in such condition that identification numbers are not available to determine ownership. Such notice shall include notice to the property owner that he may appear in person at a hearing or may present a sworn written statement denying responsibility for the presence of the vehicle on the land, with his reasons for such denial, in lieu of appearing. 9 .. 64.050 Hearing. If, within ten days from the mailing of the notice of intention to abate and remeve the vehiclet the owner of the vehicle or the owner of the land on which such vehicle is located requests a hearing in writing to the city manager or his delegate, or if the owner of the land on which the vehicle is lGcated submits a sworn written statement denying responsibility for the presence of the vehicle on his land within s·~h time period, in which case said statement shall be construed as a request for hearing wnich does.not require the presence of the owner submitting such request, the city manager or his delegate shall hold a hearing within thirty days of the receipt of such request or sworn written statement. If such request i or sworn written statement ls not received within such period, -2- • • • the city manager or his delegate shall have the authority to remove the vehicle as provided in this chapter. 9.64.060 Conduct of hearin~. The owner of the land on which the vehicle is located may appear in person at the hearin9 or present n sworn written statement denying responsibility for the presence of the vehicle on the land, with his reasons for such denial. If the city manager or his delegate determdnes at the hearing that the vehicle was placed on the land without the consent of the landowner and that he has not subsequently acquiesced in its presence, then the costs of administration or removal of the vehicle shall not be assessed against the property upon which the vehicle is located, or otherwise attempted to be collected from such owner. 9~64.070 Collection of costs. Subject to the limitations, exceptions and results of hearings contained in this chapter, the costs of administration of this chapter and removal of tha vehicl3 ur parts thereof shall be collected from the owner of the land on which the vehicle is located, pursuant to Section 38773.5 of the Government Code of the State of California and Sections 8.08.060 through 8.08.090 of the Palo Alto Alto Municipal Code, inclusive, as the may be amended from time, or successor legislation. The city manager or his delegate is authori~ed to assume the costs of administration and/or removal of abandoned, wrecked, dismantled or inoper~tive vehicles, or parts the~eof, whenever the decision on a hearing held pursuant to this chapter, or other circw~tances, equities, hardships, or the best interests of the city will best be served thereby~ 9.64.080 Removal. Following the expiration of the period for notice provided hereinabove, or the hearing if ~he same be held, the city manager or .~~~ delegate shall cause the removal of ~bandoried, wrecked, dismantled or inoperative vehicles, or parts thereof, from private property or public property, not including -3- . ~ ';. .. • • • highways. Such vehicles, or parts thereof, may he removed to any scrap yard, automobile dismantler•s yard, or any suitable site operated by the city for processing as scrap, or may be given such other final disposition as the city manager deems appropriate. 9.64.090 Re.eai~.or reconstruction ,erohibite,!'!. No vehicle, or parts thereof, removed pursuant to this chapter shall be re constructed or made operable. 9.64.100 Notice to state agencies; appraisal. Within five days after the date of removal, the city manager or his delegate shall cause such vehicle or parts thereof removed to be appraised, and shall forward to the Department of Motor Vehicles of the State of California such information as is available identifying the vehicle or part thereof, and any evidence of regis tration, including but not limited to, registration certificates of title or license plates. Any city employee other than employee$ of the police department shall mail or personally deli'.~er a written report identifying the vehicle and its location to the office of the Department of California Highway Patrol located nearest the vehicle prior to removing the same or causing such removal. 9.64.110 Inapplicability of chapte;. This chapter shall not apply to: (a) A vehicle or part thereof which is completely enclosed with a building in a lawful manner where it is not visible from the street or other public or private property; (b) A vehicle or part thereof which is stored or parked in a l~wful manner on private property in connection with ·the business of a licensed dismantler, licensed vehicl~ dealer, or a. junkyard. Nothing in this section shall authorize the maintenance of a public or private nuisance;'--~as defined under any provision of law other than this chapter. -4-