Ordinance No. 823ORDINANCE NO. u3
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF CYPRESS AMENDING ARTICLE III -A,
"ABANDONED, WRECKED, DISMANTLED OR
INOPERATIVE VEHICLES," OF THE CODE OF THE
CITY OF CYPRESS FOR THE PURPOSES OF
TRANSFERRING AUTHORITY FOR VEHICLE
ABATEMENT FROM THE CITY BUILDING
SUPERINTENDENT TO THE. CITY PLANNING
DEPARTMENT AND CODE ENFORCEMENT STAFF
THE CITY COUNCIL OF THE CITY OF CYPRESS DOES ORDAIN
AS FOLLOWS:
SECTION I. Section 13 -20.4, "Administration and
Enforcement Generally," of the Code of the City of Cypress
is hereby amended to read as follows:
"Except as otherwise provided herein, the
provisions of this Article shall be
administered and enforced by the Planning
Director. In the enforcement of this
Article the Planning Director and his /her
authorized agents may enter upon private
or public property to examine a vehicle
or parts thereof to obtain information as
to the identification of the vehicle and
to remove or cause the removal of a
vehicle or parts thereof declared to be a
nuisance pursuant to this Article."
SECTION II. Section 13 -20.7, "Building Superin-
tendent Authorized to Cause Abatement and Removal," of the
Code of the City of Cypress is hereby amended to read as
follows:
"Sec. 13 -20.7. Planning Director
Authorized to Cause Abatement and
Removal.
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 Planning Director
shall have the authority to cause the
abatement and removal thereof in
accordance with the procedure prescribed
herein."
SECTION III. Section 13 -20.8, "Notice of
Intention to Abate and Remove," of the Code of the City of
Cypress is hereby amended to read as follows:
"A fourteen (14) calendar day notice of
intention to abate and remove the vehicle
or parts thereof as a public nuisance
shall be mailed by registered mail to the
owner of the property on which the
vehicle is located and to the owner of
the vehicle itself, unless the vehicle is
rk
in such condition that identifications
are not available to determine
ownership. The notices of intention
shall be in substantially the following
form:
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 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,
pursuant to Section 13 -20.7 of the Code
of the City of Cypress has determined
that there exists upon said land an
abandoned, wrecked, dismantled or
inoperative vehicle or parts thereof
registered to
License No. , which
constitutes a public nuisance pursuant to
the provisions of Article IIIA of Chapter
13 (Sections 13 -20.1 et seq.) of the Code
of the City of Cypress.
You are hereby notified to abate
said nuisance by the removal of said
vehicle or said parts thereon within
fourteen (14) calendar days from the date
of mailing of this notice, and, upon your
failure to do so, the same will be abated
and removed by the City and the thereof,
together with administrative costs,
assessed to you as owners of the land on
which said vehicle or said part thereof
is located.
As owner of the land on which said
vehicle or said parts thereof is located,
you are hereby notified that you may,
within fourteen (14) calendar days after
the mailing of this notice of intention,
request a public hearing, and, if such a
request is not received by the City Clerk
within such fourteen (14) calendar day
period, the Planning Director shall have
the authority to abate and remove said
vehicle or said parts thereof as a public
nuisance and assess the costs as
aforesaid without a public hearing. You
may submit a sworn written statement
within such fourteen (14) calendar day
period denying :responsibility for the
presence of said vehicle or said parts
thereof 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. You
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may appear in person at any hearing
requested by you or the owner of the
vehicle or, in lieu thereof, may present
a sworn statement as aforesaid in time
for consideration at such hearing.
Notice mailed:
(Date)
S/
Planning Director of
the City of Cypress
NOTICE OF INTENTION TO ABATE AND REMOVE
AN ABANDONED, WRECKED, DISMANTLED, OR
INOPERATIVE VEHICLE OR PARTS THEREOF AS A
PUBLIC NUISANCE.
(Names and address of last registered
and /or legal owner of record of vehicle -
notice shall 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,
pursuant to Section 13 -20.7 of the Code
of the City of Cypress has determined
that said vehicle or parts thereof exist
as an abandoned, wrecked, dismantled or
inoperative vehicle (describe location on
public or private property) and
constitutes a public nuisance pursuant to
Article IIIA of Chapter 13 (Section 13-
20.1 et seq.) of the Code of the City of
Cypress.
You are hereby notified to abate
said nuisance by removal of said vehicle
or said parts thereof within fourteen
(14) calendar days from the date of
mailing of this notice.
As registered and /or legal owner of
record of said vehicle or said parts
thereof, you are hereby notified that you
may, within fourteen (14) calendar days
after the mailing of this notice of
intention, request a public hearing, and,
if such a request is not received by the
City Clerk within such fourteen (14)
calendar day period, the Planning
Director shall have the authority to
abate and remove said vehicle or said
parts thereof without a hearing.
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3"
Notice mailed:
(Date)
S/
Planning Director of
the City of Cypress"
SECTION IV. Section 13 -20.9, "Request for Public Hearin
Notice of Hearing; Removal of Vehicle Without Hearing," of
the Code of the City of Cypress is hereby amended to read as
follows:
(a) "Upon request received by the City
Clerk from the owner of the vehicle
or owner of the land when said
request is received within fourteen
(14) calendar days after the mailing
of the notices of intention to abate
and remove, a public hearing shall
be held by the City Manager or
designee 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 costs
of removal of the vehicle or parts
thereof against the property on
which it is located.
(b) If the owner of the land submits a
sworn written statement denying
responsibility for the presence of
the vehicle on his /her land within
such fourteen (14) calendar day
period, said statement shall be
construed as a request for a hearing
which does not require his /her
presence. Notice of the hearing
shall be mailed, by registered mail
at least fourteen (14) calendar 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 received
by the City Clerk within said
fourteen (14) calendar days after
the mailing of the notice of
intention 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."
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31�
SECTION V. If any section, subsection,
subdivision, sentence, clause, phrase, or portion of this
Ordinance, is for any reason held to be invalid or
unconstitutional by the decision of any court of competent
jurisdiction, such decision shall not affect the validity of
the remaining portions of this Ordinance. The City Council
hereby declares that it would have adopted this Ordinance,
and each section, subsection, subdivision, sentence, clause,
phrase, or portion thereof, irrespective of the fact that
any one or more sections, subsections, subdivisions,
sentences, clauses, phrases or portions thereof be declared
invalid or unconstitutional.
SECTION VI. The City Clerk is hereby authorized
and directed to certify as to the passage of this Ordinance
and to give notice thereof by causing copies of this
Ordinance to be posted in three public places throughout the
City.
FIRST READ at a
of said City held on the
1989 and finally adopted
meeting held on the
1989.
ATTEST:
regular meeting of the
24th day of July
and order posted at a
14th day of August
•
City Council
regular
MAYOR OF THE CITY CYPRESS
CITY CLERK OF THE CITY OF CYPRESS
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
I, DARRELL ESSEX, City Clerk of the City of
Cypress, California DO HEREBY CERTIFY that the foregoing
Ordinance was duly adopted at a regular meeting of the City
Council of the City of Cypress, held on the 14th day
of August , 1989, by the following roll call vote:
AYES: 4 COUNCIL MEMBERS: Bowman, Kanel, Kerry and Age
NOES: 0 COUNCIL MEMBERS: None
ABSTAINED: 0 COUNCIL MEMBERS: None
ABSENT: 1 COUNCIL MEMBERS: Arnold
CITY CLERK OF THE, ITY OF CYPRESS
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