Loading...
Ord 25ORDINANCE NO. 25 ORDINANCE OF THE CITY OF POWAY, CALIFORNIA ESTAB- LISHING CRITERIA FOR REMOVAL OF PARKED AND ABANDONED VEHICLES SUPERSEDING SECTION 78.101 ET SEQ. OF THE SAN DIEGO COUNTY REGULATORY ORDINANCES. THE CITY CO~CIL OF THE CITY OF POWAY, CALIFORNIA DOES ORDAIN AS FOLLOWS: Section 1. Removal of Vehicles from Highway. (a) Any individual authorized pursuant to Section 22651 of the Cal. Veh. Code, including but not limited to, any regularly employed and salaried officer of the Police Department of the City of Poway is hereby authorized to remove a vehicle from a street or highway to the nearest garage or other place of safety, or to a garage designated or maintained by The City of Poway under the circumstances hereinafter enumerated (and otherwise set forth with the Cal. Veh. Code); (1) When any vehicle has been parked or left standing upon a street or highway for seventy-two (72) or more consecutive hours. (2) When any vehicle has been parked or left standing upon a street or highway when the parking or standing of vehicles thereon has been prohibited by ordinance or resolution of the City Council, and where signs are posted giving notice of such removal. (3) When any vehicle has been parked or left standing on a street or highway in violation of temporary "No Parking" signs which have been posted on said street or highway pursuant to Section 22651(1) (m) (n) of Cal. Veh. Code. (b) Any officers removing a vehicle as provided herein shall comply with the procedures set forth in Section 22850, et seq. of the Cal. Veh. Code. (c~ This Ordinance is not intended to limit that authority of the City as set forth in Chapter 10 of the Cal. Veh. Code, com- mencing with Section 22650 thereof, but is intended to supplement that authority. Section 2. Removal and Disposal of Adandoned, Etc. Vehicles Not on Highways. (a) The purpose and intent of the Council in adopting this section is to establish procedures pursuant to Sections 22660 to 22664 of the California Vehicle Code for the abatement, removal and disposal Ordinance No. 25 Page 2 as public nuisances, of abandoned, wrecked, dismantled or inoperative vehicles or vehicle parts from private or public property, not includ- ing highways. (b) Any vehicle located on property other than a highway may be removed as a public nuisance and disposed of in accordance with the following procedures: (i) Not less than ten (10) days prior to any removal or disposal of a vehicle, a notice of intention to abate and remove the vehicle as a public nuisance shall be issued unless the property owner and the owner of the vehicle have signed releases.authorizing removal and waiving further interest in the vehicle. The notice shall contain a statement of the hearing rights of the owner of the vehicle. and of the owner of the property 'on which the vehicle is located. The statement shall include notice to the property owner that he may appear in person at a hearing or may submit 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. The notice of intention to abate shall be mailed, by registered or certified mail, to the owner 9f the land as shown on the last equalized assessment roll and to the last registered and legal owners of record unless the vehicle is in such condition that identification numbers are not avail%ble to determine ownership. (V.C. 22661c) (ii) Upon request by the owner of the vehicle or the owner of the land on which the vehicle is located, a public hearing shall be held before the City Manager or any other regularly salaried fulltime employee of the City whom the City Manager may designate. This request shall be made to the Manager or his designee within ten (10) days after the mailing of the notice of intention to abate and remove the vehicle. (V.C. 2266~d) (iii) The owner of the land on which the vehicle is located may appear in person at the hearing. Instead of making an appearance, he may present a sworn written statement, in time for consideration at the hearing, denying responsibility for the presence of the vehicle on the land, with his reasons for his denial. This statement shall be construed as a request for a hearing which does not require the presence of the owner submitting the request. If it is determined at the hearing that the vehicle was placed on the land without the consent of the landowner and that he has not subsequentl~ 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 collected from the landowner. (V.C.22661 (pursuant to. Govt. Code Section 38773.5) (iv) No person shall reconstruct or make operable any vehicle removed under the provisions of this section, unless it is a vehicle which qualifies for either horseless carriage license plates Ordinance No. 25 Page 3 . or historical vehicle license, pursuant to Section 5004 of the Cali- fornia Vehicle Code, in which case the vehicle may be reconstructed or made operable. (V.C. 22661e) (v) (v) This section shall not apply to (1) to a vehicle 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 (2) a vehicle which is stored or parked in .a lawful manner on private property in connection with the business of a licensed dismantler, licensed vehicle dealer or a junkyard. This exception shall not, however, authorize the maintenance of a public or private nuisance as defined under provisions of law other than this section. (V.C. 22661b) . (vi) Vehicle may be disposed of by removal to a scrap- yard, automobile dismantler's yard, or any suitable site for pro- cessing as scrap, or other final disposition consistent with sub- paragraph iv of this paragraph. (V.C. 22662) (vii) Notice shall be given to the DePartment of Motor Vehicles within five (5) days after the date of removal, identifying the vehicle and any evidence of registration available including, but not limited to, the registration card, certificates of ownership or license plates. (V.C. 22661a) . (viii) The cost of removal and disposal of any vehicle and the administrative cost thereof may be charged against the person who is determined to be responsible for the maintenance of the vehicle as a public nuisance. (V.C. 22660) (ix) Provisions of this section shall be administered by regularly salaried full-time employees of the City excePt that the removal of vehicles from property may be by any other duly author- ized person. Any such authorized person may enter upon private prop- erty for the purposes specified in this section to examine a vehicle, and remove or cause to be removed the vehicle declared to be a nuisance pursuant to this ~ction. (V.C. 22663) (x) Any licensed dismantler or commercial enterprise acquiring vehicles removed pursuant to this section shall be excused from the reporting requirements of Section 11520 of the California Vehicle Code; and any fees and penalties which would otherwise be due the Department of Motor Vehicles are hereby waived, provided that a copy of the resolution or order authorizing disposition of the vehicle is retained in the dismantler's or commercial enterprise's business records. (V.C. 22664) Ordinance No. 25 Page 4 Introduced and first read at a regular meeting of the City Council of the City of Poway held the 10th day of March, 1981, and thereafter PASSED AND ADOPTED at a regular meeting of said City Council held the 17th day of March , 1981 by the following vote: AYES: COUNCILMEMBERS: EMERY, ORAVEC, SHEPARDSON, TARZY, REXRODE NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ATTEST: MAYOR City CLERK~ '