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Ordinance No. 523t ORDINANCE NO. 523 AN ORDINANCE-OF THE CITY COUNCIL OF THE CITY OF CYPRESS PROVIDING FOR THE ABATEMENT AND REMOVAL AS PUBLIC NUISANCES OF ABANDONED, WRECKED, DISMANTLED OR INOPERATIVE VEHICLES OR PARTS THEREOF FROM PRIVATE PROPERTY OR PUBLIC PROPERTY NOT INCLUDING HIGHWAYS, AND RECOVERY COSTS OF ADMINISTRATION THEREOF, AS AUTHORIZED BY SECTION 22660 OF THE VEHICLE CODE THE.. CITY COUNCIL OF THE CITY OF CYPRESS DOES HEREBY ORDAIN AS. FOLLOWS : Chapter 13, Article III -A, is hereby added to the Code of the City of. Cypress, as follows: Article III -A. Abandoned Vehicles. SECTION 13 -20.1. In addition to and in accordance with the determination made and the authority granted by the State of California under.. Section 22660 of the Vehicle Code to remove abandoned, wrecked, dismantled or inoperative vehicles or parts thereof as public nuisances, the city council hereby makes the following findings and declarations. The accumulation and storage of abandoned, wrecked, dismantled or inoperative vehicles or parts thereof.on private or public property not including highways is hereby found to create a condition tending to reduce the value of private property, to promote blight and deterioration, to invite plundering, to create fire hazards, to constitute an attractive nuisance creating a hazard to the health and safety to minors, to create a harborage for rodents and insects and to be injurious to the health, safety and general welfare. Therefore, the presence of an abandoned,_wrecked, dismantled. or inoperative vehicle or parts thereof, on private or public property not including highways, except..as expressry..hereinafter permitted, is hereby.declarld to_constitute a public nuisance which may be abated as such in accordance with the provisions of this Article. As used in this Article: (a) The term "vehicld'means a device by which any.person.or.property may be propelled,_moved, or drawn upon a highway, except a.device moved by human power or used exclusively upon.stationary rails or tracks. (b) The. term "highway" means.a way or place of whatever.nature, publicly maintained and open to the use of the public for purposed of vehicular travel. Highway includes street. (c) The term "public property" does not include. "highway." (d) The term "owner of land" means the owner of the.land on which the vehicle, or parts thereof, is located, as shown on the last equalized assessment roil. (e) The term "owner of the vehicle" means the last registered owner and legal owner of record. SECTION 13 -20.2, This Article shall not apply to: (a) A vehicle, or parts thereof, which is.completely enclosed within a building, in a lawful manner where it is not visible from the street or other public or private property; or a 3.5 (b) A vehicle, or parts thereof, which is stored or parked in a lawful manner on private property in connection with the business of a licensed dismantler, licensed vehicle dealer, a junk dealer, or when such storage or parking is necessary to the operation of a lawfully conducted business or commercial enterprise. Nothing in this section shall authorize the maintenance of a public or private nuisance as defined under provisions of law other than Chapter 10 (commencing with Section 22650) of Division 11 of the Vehicle Code and this Article. SECTION 13 -20.3. This ordinance is not the exclusive regulation of abandoned, wrecked, dismantled or inoperative vehicles within the city. It shall supplement and be in addition to the other regulatory codes, sta- tutes, and ordinances heretofore or hereafter enacted by the city, the State, or any other legal entity or agency having jurisdiction. SECTION 13 -20.4. Except as otherwise provided herein, the provisions of this Article shall be administered and enforced by the building superin- tendent. In the enforcement of this Article, the building superintendent and his authorized agents may enter upon private or public property to examine a vehicle, or parts thereof, to obtain information as to the iden- tification 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 13 -20.5. When the city council has contracted with or granted a franchise to any person or persons, such person or persons shall be auth- orized to enter upon private property or public property to remove or cause the removal of a vehicle, or parts thereof, declared to be a nuisance pur- suant to this Article. SECTION 13 -20.6. The city council shall from time to time determine and fix an amount to be assessed as administrative costs (excluding the actual cost of removal of any vehicle or any parts thereof) under this ordinance, which amount shall be set as a fixed sum per vehicle removed or as a percentage of the actual cost of removal. SECTION 13 -20.7. 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 building superintendent shall have the authority to cause the abatement and removal thereof in accordance with the procedure prescribed herein. SECTION 13 -20.8. A ten -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 lo- cated and to the owner of the vehicle itself, unless the vehicle is in such condition that identification numbers are not available to determine owner- ship. The notices of intention shall be in substantially the following forms: 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 lo- cated at (address), you are hereby notified that the undersigned, pursuant to Section 13 -20.7 of the Cypress City Code has determined that there exists upon said land an abandoned, wrecked, dismantled or inoperative vehicle or parts thereof registered to , license number which constitutes a public nuisance pursuant to the provisions of Article III -A 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 ten (10) 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 costs thereof, together with administrative costs, assessed to you as owner of the land on which said vehicle or said part thereof is located. As owner of the land on which said vehicle or said part thereof is located, you are hereby notified that you may, within ten (10) days after the mailing of this notice of intention, request a public hearing, and, if such a request is not received by the hearing officer within such ten (10) day period, the building superintendent 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 sub- mit a sworn written statement within such ten (10) day period denying responsibility for the presence of said vehicle or said parts thereon 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 may appear in person at any hearing requested by you or the owner of the vehicle or, in lieu thereof, may present a sworn written statement as afore- said in time for consideration at such hearing. Notice mailed s/ (date) Building Superintendent 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. (Name and address of last registered and /or legal owner of record of vehicle- - notice should 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 Cypress City Code, has determined that said vehicle or parts thereof exists as an abandoned, wrecked, dismantled or inoperative vehicle at (describe location on public or private property) and constitutes a public nuisance pursuant to the pro- visions of Article III -A 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 thereof within ten (10) 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 ten (10) days after the mailing of this notice of intention, request a public hearing, and, if such a request is not received by the hearing officer within such ten (10) day period, the building superintendent shall have the authority to abate and remove said vehicle or said parts thereof with- out a hearing. Notice mailed s/ (date) Building Superintendent of the City of Cypress SECTION 13 -20.9. Upon request by the owner of the vehicle or owner of the land received by the building superintendent within 10 days after the mailing of the notices of intention to abate and remove a public hear- ing shall be held by the city manager or his designate 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 cost of removal of the vehicle or parts thereof against the property on which it is located. -3- If the owner of the land submits a sworn written statement denying res- ponsibility for the presence of the vehicle on his land within such 10 -day period, said statement shall be construed as a request for a hearing which does not require his presence. Notice of the hearing shall be mailed, by registered mail, at least 10 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 within said 10 days after mailing of the notice of intention to abate and remove, the city shall have the authority to abate and removed the vehicle or parts thereof as a public nuisance with- out holding a public hearing. SECTION 13- 20.10. All hearings under this Ordinance shall be held before the city manager or his designate which shall hear all facts and test- imony he deems pertinent. Said facts and testimony may include testimony on the condition of the vehicle or parts thereof and the circumstances concern- ing its location on the said private property or public property. The city manager or his designate shall not be limited by the technical rules of evi- dence. The owner of the land may appear in person at the hearing or present a sworn written statement in time for consideration at the hearing, and deny responsibility for the presence of the vehicle on the land, with his reasons for such denial. The city manager or his designate may impose such conditions and take such other action as he deems appropriate under the circumstances to carry out the purpose of this Article. It may delay the time for removal of the vehicle or parts thereof if, in his opinion, the circumstances justify it. At the conclusion of the public haring, the city manager or his designate may find that a vehicle or parts thereof has been abandoned, wrecked, dis- mantled, or is inoperative on private or public property and order the same removed from the property as a public nuisance and disposed of as herein- after provided and determine the administrative costs and the cost of re- moval to be charged against the owner of the land. The order requiring removal shall include a description of the vehicle or parts thereof and the correct identification number and license number of the vehicle, if avail- able at the site. If it is determined at the hearing that the vehicle was placed on the land without the consent of the owner of the land and that he has not subse- quently acquiesced in its presence, the city manager or his designate shall not assess the costs of administration or removal of the vehicle against the property upon which the vehicle is located or otherwise attempt to collect such costs from owner of the land. If the owner of the land submits a sworn written statement denying responsibility for the presence of the vehicle on his land but does not appear, or if an interested party makes a written presentation to the city manager but does not appear, he shall be notified in writing of the decision. SECTION 13- 20.11. If the owner of the vehicle or the owner of the land is aggrieved by any decision of the city manager or his designate at the hearing he may appeal the decision of the city manager or his designate to the city council by filing a written notice of appeal with the city clerk and paying a fee in the amount of $50.00 within 5 days after the decision of the city manager. The council shall fix a time and place for hearing such appeal and the city clerk shall give written notice of the time and place thereof in accordance with the requirements provided for the original hearing. The hearing shall be conducted in the same manner as provided for the hearing by the city manager or his designate and the city council may affirm, modify or reverse the order or take other action deemed appropriate. a3 6 SECTION 13- 20.12. Five days after the decision of the city manager or his designate, or the city council if appealed, declaring the vehicle or parts thereof to be a public nuisance, or five days from the date of mailing of notice of the decision if such notice is required by Section 13- 20.10, or 13- 20.11, the vehicle or parts thereof may be disposed of by removal to a scrapyard or automobile dismantler's yard. After a vehicle has been removed it shall not thereafter be reconstructed or made operable. SECTION 13- 20.13. Within five dAys after the date of removal of the vehicle or parts thereof, notice shall be given to the Department of Motor Vehicles identifying the vehicle or parts thereof removed. At the same time there shall be transmitted to the Department of Motor Vehicles any evidence of registration available, including registration certificates, certificates of title and license plates. SECTION 13- 20.14. If the administrative costs and the cost of removal which are charged against the owner of a parcel of land pursuant to Section 13 -20.10 are not paid within 30 days of the date of the decision, or the final disposition of an appeal therefrom, such costs shall be assessed against the parcel of land pursuant to Section 28773.5 of the Government Code and shall have the same priority as other city taxes. SECTION 13- 20.15. It shall be unlawful and a misdemeanor for any per- son to abandon, park, store, or leave or permit the abandonment, parking, storing, or leaving of any licensed or unlicensed vehicle or parts thereof which is in an abandoned, wrecked, dismantled, or inoperative condition upon any private property or public property not including highways within the city for a period in excess of 10 days unless such vehicle or parts 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 un- less such vehicle is stored or parked in a lawful manner upon private pro- perty in connection with the business of a licensed dismantler, licensed vehicle dealer or a junk yard. SECTION 13- 20.16. It shall be unlawful and a misdemeanor for any person to fail or refuse to remove an abandoned, wrecked, dismantled or inoperative vehicle or parts 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. PASSED AND ADOPTED by the City Council of the City of Cypress at a regular meeting held on the 25th day of February, 1974. j/tc ATTEST: CITY'CLERK OF THE CITY OF CYPRESS STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS MAYOR OF E CITY OF CYPRESS I, DARRELL ESSEX, City Clerk of the City of Cypress, DO HEREBY CERTIFY that the foregoing Ordinance was duly adopted at a regular meeting of the said City Council held on the 25th day of February, 1974; by the following roll call vote: AYES: 4 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: ABSTAINED: 1 COUNCILMAN: Frankiewich, Kanel, Lacayo and Roberts N one None Harvey CITY CLERK -5 - - '. THE CITY OF CYPRESS