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HomeMy WebLinkAboutOrdinances_1381_CCv0001.pdf ORDNANCE -No. 1381 4. Owner: The term "owner" "NOTICE OF PUBLIC NUISANCE- :Means the person or persons 'or in letters not less than one ill inch AN ORDINANCE OF THE CITY OF entity legally entitled t possession in height and -shall, in legible char- REDLANDS PROVIDING FOR of the vehicle in queslio asters. direct the abatement of the on' THE ABATEMENT A N D RE- MOVAL AS PUBLIC NUISANCES, ONSECTION FUR — NO -APPLI- nuisance, referring to this code for OF ABANDOWED, WRECKED, LABILITY: This code shall not ap- Particulars. Notices served by means DISMANTLED OR INOPERATIVE ply to: other than posting as required by VEHICLES OR PARTS THEREOF, 1, A vehicle or part thereof which this code shall contain a descrip- FROM PRIVATE PROPERTY NOT is completely enclosed within a bon of the condition in general INCLUDING HIGHWAYS AND building in a lawful manner where terms reasonably sufficient to iden- RECOVERY OF COSTS OF AD- it is not visible from the street �r tify the nuisance and direct abate- MINISTRATION THEREOF AS other public or private property; or ment. AUTHORIZED BY SECTION 22660, 2. A vehicle or part thereof which SECTION SIX — 0 R D E R TO VEHICLE CODE, STATE OF CALI- is stored or parked in a lawful ABATE AND HEARING FORMA, manner on private property in con- 1. Order to Abate: In the event THE THE CITY COUNCIL OF nection with the business of a li- that the, nuisance is not abated THE CITY OF REDLANDS DOES sensed dismantler, licensed vehicle within ten days after the posting, ORDAIN AS FOLLOWS: dealer, a junk dealer, or when stor- mailing and/or personal service of SECTION ONE — SHORT TITLE: age or parking is necessary to the the required notice the Director of This Ordinance shall be known as operation of a lawfully conducted Building and Safety will order the , the Wrecked Vehicle Code. business or commercial enterprise, abatement. as a public nuisance, SECTION TWO— FINDING AND SECTION FIVE — DECLARATION provided and determine the adram- DECLARN ATIONS: In addition to and OF NUISACE: istrative costs, which shall be a iin accordance with the dettemina- 1. Director of Building and Safe- minimum of $10.00, and the cost of ocri made and the authority grant- tv Authority: The Director of Build- removal to be charged against the ed by the State of California under ing and Safety shall be the desig- owner or the person in charge or Section 22660 of the Vehicle Code nated city official to make the de- control of the property an which the to remove abandoned, wrecked, dis- termination if a public nuisance ex- vehicle or part thereof located, mantled or inoperative vehicles or ;sts under this Code. He and/or his The order requiring removal at shall parts thereof as public nuisances, the authorized representatative may an- include a description ofthevehicle City Council of 'he City of Red- ter upon private or public property or Part thereof and the correct lands hereby makes the following to examine a vehicle or parts there- identification number and license findings and declarations: of, or obtain information as to the number of the vehicle, if available The accumulation and storage of identity of a vehicle declared to be at the site, abandoned, wrecked, dismantled or a nuisance Pursuant to this Code, 2. Hearing.* No less than f103 days inoperative vehicles or part, there- 2, Notice Required: Upon deter- from the date of posting, mailing of on privcte or public property mination that a-public nuisance ex- andlor personal service of the re- .not includiriv highways is hereby ists, as Herein defined, on any lot quired notice a public hearing shall found to create a condition tending or premhv , or upon any sidewalk be held be-fore the Director of to reduce the value of private prop- or parkway adjacent to such lot or Building and Safety of the City of erty, to promote blight and de- premises=, the authorized employee Redlands. The owner or person ov- terarration, to invite plundering, to of the Cit-,, of Redlands will cause cupying or controlling the land will create fire hazards, to constitute a notice to be issued to the proper be notified by the Director of Build- an attractive nut ance creating a person or persons to abate such ing and Safety of the time, date hazard in the health and safety of nuisance. and place of hearing and be af- rumors, to create a harborage for forded an opportunity to appear rodents and insects and to be in- 3, Service of the Notice: The no- or Present data concerning the mat- jurious to the health, safety and tice rea,uired by paragraph 2 of ter. If the notice is returned un- general welfare. Therefore, the Pres- Section Five will be served by send- delivered by the United States Post save of an abandoned, wrecked, dis- ing a copy by certified mail to the Office, the hearing shall be con- mantled or inoperative vehicle or last registiecd and legal owner of tinned to a date not less than tim part thereof, on private or public record of the vehicle if the vehicle days from the date of such return. property not including highways. or parts contain sufficient idepti- The owner or person occupying or except as expressly hereinafter per- fication to permit the determina- controlling the land on which the mitted, is hereby declared to con- tion; if not, notice may be served vehicle is located may appear in stitute a public nuisance which may in any one or more of the following Person at the hearing or present a be abated as such in accordance manners: written statement in time for con- with the provisions of this Code. a, By personal service on the own- sideration at the hearing, and deny SECTION THREE—D XFI1lnTTONS: er, oc,vp,,,n- or person in charge or responsibility for the presence of L Vehicle: The term "vehicle" control of the property. the vehicle on the land, with his means a device by which ariv per- reasons for such denial. If it is de- con or property -may be propelled, b. By posting a copy of such no- ternoined by the Director of Build- moved, or drawn upon a highway, tice on the vehicle or parts; and by ing and Safety that the vehicle was Build- except a device moved by human sending a copy of such notice by placed on the land without the con- power or used exclusively upon Sta- certified rnail addressed to the own- sent of the land owner and that tionary rails or tracks, er or person in coerce or control he has not subsequently acquiesced -highway" shown on the last avriflable useless- istra'tive actions by the City and 2, Highway: The term ' of the propc�rty, at the address in its presence the cost of admin- means a way or place of whatever ment roll, or as otherwise known. cost of removal shall not be charged nature, Publicly maintained and open to the use of the public for Note: A copy of any notice served against the land owner, The decision purposes of vehicular travel. High- or pasted ;,vi2 be furnished the Po- of the Director of Building and way includes street, lice Deparnnent and the California Safety may be appealed to the City Hi Council in writing within fire day., 3, Pubtoe Property:The tome "Pub ighway Fatrol. e "high- 4, Native — Form and Contents: be delayed pending the decision of Ste pr oporty" does not include Abatement action by the City will way, Any posted native shall be headed: the City Council, which will be final. SECTION SEVEN -- REMOVAL Building and Safety shall prepare SECTION TEN, — SEVERABILITY - AND ABATETMENT: nd file with the Auditor of the Each provision of this Ordinance 1. Owner to Abate: Any nuisance County of San Bernardino a certi- shall be -separate and severable and shall be abated by the owner, his fied copy of the statement of ex- in the event any specific provision agent, or the person in charge or peenses incurred by the City in abat- is declared void or invalid, no other control of the property forthwith, ing the nuisance, Secti n, otherwise legal and valid, or as soon thereafter as practicable 2� Legal: The provisions of See- shallbeaffected thereby. afterthe order to abate becomes tions, 38773,5 and 39530 to 39585 of final, but in no case more than ten the Government Code, as they exist SECTION ELEVEN — PENALTY: i10dans after said final order. and as they may be subsequently The owner, occupant, or agent of 2, City to Abate and Report: If amended, are incorporated by refer- any lot or premise-- within the City the owner or person in charge or once and made a part of this Code, of Redlands who shall permit or controlling the property fails, or The County Auditor shall enter such allow the existence of a public nui- neglect- to remove or otherwise assessment in the county tax roll sance as defined in this Ordinance take as the muspnee, opposite the parcel of land. The upon any lot or premises owned, action to abate occupied or controlled by him, after within *-e time specified in this amount of the assessment shall be being notified by the City of the Code, t'e City Manager, through collected at the time and in the existence of such public nuisance the City Director of Building and manner as ordinary municipal taxes; as provided in this Ordinance, or Safety, an?!' cause such nuisance and if delinquent the amount is who shall violate any of the pro- to be'abated. The abatement work subject to the carne penalties and nniY be done by city personnel or proendureg of foreclosure and sale visions of this Ordinance, -shall be by private contractor. When the as are provided for ordinary munici- guilty of a misdemeanor and upon City has contracted with or granted pal taxes� conviction thereof shall be subject to a fine of not more than Five a franchise to any person or per- SECTION NINE — CLAIMS: Hundred Dollars ($500.001, or to im- seessuch person or persons shall de- authorized to enter upon private 1. In all cases, involving removal prisonarent for a period not ex- property or public properly to re- of an abandoned vehicle placed ceeding six i6) Months, or both fine move or cause the removal of a ve- upon premises without consent of and imprisonment. hicle or parts thereof declared to the owner, any monies accruing SECTION TWELVE: This Ordi- be a nuisance pursuant to the Code, from disposal of such abandoned nance shall be in force and effect sal- report of the proceedings and an vehicle, or parts thereof, when sal- as provided by law. account of the cost of abating the wage value is greater than the cost nuisance on each separate property, of removal, shall be deposited in SECTION THIRTEEN: The City including the administrative expense the General Fund of the City of Clerk shall certify to the adoption as specs'fled in this Code, shall be Redlands, of this Ordinance and cause the maintained for use in collection ac- 2, Persons filing claims for re- `.arae to be published once in the tions f-rther sPeeffied in this Code. Redlands Daily Facts, a newspaper .1 indoirsemcnt of monies acenalng of general circulation The City will take the necessary from abandoned vehicles, or parts published in this city, printed and action to provide that any vehicle thereof, whon salvage value is great- removed under the provisions of er than the cost in removal, must F. BURROUGHS. the Ordinance is net reconstructed file said claim with the City Clerk or made operable. within a period of six itch months Mayor of the City of 3. Withm five (51 days after the following the date of sale or sal- Redlands. date of removal of the vehicle or vcule of the vehicle or parts there- Attest: parts thereof, notice shall be given of, as such date is shown in official PEGGY A. MOSE--Ey, to the Department of Motor Ve- records of the City Clerk, City Clerk. hicles, State of California, Mortify- 3. The City Clerk shall thereupon ing the vehicle or part thereof re- set the claim for hearing by the Approved for Form: moved. At the same time there shall City Council at a regular meeting s/ EDWARD F. TAYLOR. be transmitted to the Department of the City Council held at least City Attorney, of Iffovir Vehicles evidence of regis- seven i7, clays after the date of fil- tration, if such evidence is avail- me. The claimant shall be given 1. Peggy A. Moseley, City Clerk, able, including registration cerlilfi- notice of the time and place of hear- City of Redlands, hereby certify rates, certificates of title, license ing, that the foregoing ordinance was plantes, and any other means of us- duly adopted by the City Council terruning, the registered owner, 4, The City Council shall consid- at a regular meeting thereof held er, the claim and the City's cost of On the Iffth day of November, 12"3, SECTION EIGHT—ASSESS=NT: removal of the Pbandaned vehicle by the following vote: L Recording: The Director of at the runs -set for hearing, The AYES: Councilmen Martinez, Cum- Building and Safety shall send a person filing the claim may present mings, DeMfrjyn, Knudsen, Mayor dernand for payment of all expenses, a written or oral statement at this Burroughs. including administrative expenses in- time regarding his right to a claim, NOES: None, curred by the City in abating the At the conclusion of the hearing nuisance to the -person or nersons the City Council shall either ap- ABSENT: None. in charge or controlling the prop- prove or disapprove the claim as PEGGY A. MOSELEY, crty. or legal entity entitled to submitted or as modified or cor- City Clerk. il, possession Of the vehicle in ques- rected by the City Counc lion by posting in the United Stairs amounts approved by the & All Council lobul. if at the end of a thirty i3oi shall be appropriated frorn the Gen- day period following the mailing eral Fund of the City of Redlands of the statement of expense, 'he and shall be paid to the claimant City Treasurer has not received pay- by the City of Redlands. Council olent of the bill, the Director of derosion Wh be final.