Ordinance Number 1824
ORDINANCE NO. 182
AN ORDINANCE 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 OF COSTS OF ADMINISTRATION THEREOF AS
AUTHORIZED BY SECTION 22660 VEHICLE CODE.
The City Council of the City of San Juan Capistrano does ordain
as follows:
Section 1. In addition to and in accordance with the determi-
nation 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 nui-
sances, 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 dete-
rioration, to invite plundering, to create fire hazards, to consti-
tute an attractive nuisance creating a hazard to the health and
safety of 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 expressly hereinafter permitted, is hereby de-
clared to constitute a public nuisance which may be abated as such
in accordance with the provisions of this Ordinance.
As used in this Ordinance:
(a) The term "vehicle" 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 purposes of
vehicular travel. Highway includes street.
(c) The term "public property" does not include "highway."
(d) The term "owner of the land" means the owner of the land
on which the vehicle, or parts thereof, is located, as shown on the
last equalized assessment roll.
(e) The term "owner of the vehicle" means the last registered
owner and legal owner of record.
Section 2. This Ordinance shall not apply to:
(a) Any 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
'(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 law-
fully 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 Oridinance.
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Section 3. This Ordinance is not the exclusive regulation of
abandon, wrecked, dismantled or inoperative vehicles within the
city. It shall supplement and be in addition to the other regula-
tcry codes, statutes, and ordinances heretofore or hereafter enacted
by the city, the State, or any other legal entity or agency having
jurisdiction.
Section 4. Except as otherwise provided herein, the provisions
of this. r—Tinance shall be administered and enforced by City Manager.
In the enforcement of this Ordinance such officer and his deputies
may enter upon private or public property to examine a vehicle or
parts thereof, or obtain information as to the identity of a vehicle
and to remove or cause the removal of a vehicle or parts thereof
declared to be a nuisance pursuant to this Ordinance.
Section 5. When the city council has contracted with -or granted
a franc ii—F'se eo any person or persons, such person or persons shall
be authorized to enter upon private property or public property to
remove or cause the removal of a vehicle or parts therof declared
to be a nuisance pursuant to this Ordinance.
Section 6. The city council shall from time to time determine
andx�unt to be assessed as administrative costs, excluding
the actual cost of removal of any vehicle or parts thereof, under
this Ordinance.
Section 7. Upon discovering xhe existence of an abandoned,
wrecked dismantled, or inoperative vehicle, or parts thereof, on
private property or public property within the city, the City
Manager shall have the authority to cause the abatement and removal
thereof in accordance with the procedure prescribed herein.
Section 8. A 10 -day notice of intention to abate and remove
the vehicle, or parts therof, as a public nuisance shall be mailed
by registered mail 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. The notices of
intention shall be in substantially the following forms:' _.
NOTICE OF INTENTION TO ABATE AND REMOVE AN
WHECKED, DISK0rLED, LIX INOPILRArIVE
(Name and address of owner of the land)
As owner shown on the last equalized assessment roil of
the land located at (address), you are hereby notified that
the undersigned pursuant to Oridinance No.182 has determined
that there exists upon said land an (or parts of an) abandoned,
wrecked, dismantled or inoperative vehicle registered to
, license number , which
constitutes f public nuisance pursuant to t e- provisions of
Ordinance No: 182.
You are hereby notified to abate said nuisance by the
removal of said vehicle (or said parts of a vehicle within 10
days from the date of mailing of this notice, and upon your
failure to do so the same will be,abated and removedby the
city and the costs thereof, together with administrative costs,
assessed to you as owner of the land on which said vehicle -(or
said parts of a vehicle) is located. -
As owner of the land = which said vehicle (or said parts
of a vehicle) is located, you are hereby notified that you may,
within 10 days after the mailing of this notice of intention,
request a public hearing and if such a request is not received
by the city council within such 10- day period, the city
manager shall have the authority to abate and remove said
vehicle (or said Darts of a vehicle) as a Dublic nuisance and
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Assess the costs as aforesaid without a,public hearing. You
may submit a sworn written statement within such 10 -day eriod
denying responsibility for the presence of said vehicle �or
said parts of vehicle) on said land, with your reasons for de-
nial, 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 state
ment as aforesaid in time for consideretion at such hearing.
Notice Mailed. s/
ate
NOTICE OF INTENTION TO ABATE AND REMOVE AN
ABANDONED, WRECKED, DISMANTLED OR IVE
A PUBLIC NU15ARM
(Name and address of last registereq
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, ets.), you
are hereby notified that the undersigned pursuant to
Ordinance No. 182 has determined that said vehicle (or parts
of a vehicle) 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
provisions of Ordinance No. 182.
You are hereby notified to abate said nuisance by the
removal of said vehicle ( or said parts of a vehicle) within
10 days from the date of mailing of this notice.
As registered (and/or legal) owner of record of said
vehicle ( or said parts of a vehicle), you are hereby notified
that you may, within 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 body or officer) within such
10 -day period, the City Manager shall have the author-
ity to abate and remove said vehicle (or said parts of a vehicle)
without a hearing.
Notice nailed s/
Section 9. Upon request by the owner of the vehicle or owner
of the land received by the City Clerk within 10 days after the mailing
of the notices of intention to abate and remove, a public hearing
shall be held by the City Council 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 admi-
nistrative costs and the cost of removal of the vehicle or parts
thereof against the property on which it is located. -
If the owner of the land submits a sworn written statement
denying responsibility 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 and 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 a request for _
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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Section 10. All hearings under this Ordinance shall be held
before ti�ity Council which shall hear all facta and testimony
it deems pertinent. S id facts and testimony may include testimony
on the condition of -the vehicle or parts thereof and the circumstan-
ces concerning its location on the said private property or public
property. The City Council shall not be limited by the technical
rsles of evidence. The owner of the land may appear in person at
e hearing or present a sworn written statement in time for con-
sideration at the hearing., and deny responsibility for the presence
of the vehicle on the land, with his reasons for such denial.
The City Council may impose such conditions and take such other"
action as it deems appropriate under the circumstances to carry out
the purpose of this ordinance. It may delay the time for removal of
the vehicle or parts thereof if, in its opinion, the circumstances
justify it. At the conclusion of the public hearing, the City Council
may find that a vehicle or parts thereof has been abandoned, wrecked,
dismantled, or is inoperative on private or public property and order
the same removed from the property as a public nuisance and disposed
of as hereinafter provided and determine the administrative costs
and the cost of removal to be charged against the owner of the land.
The order requiring removal shall include a description of the vehi-
cle or parts thereof and the correct identification number and license
number of the vehicle, if availabe 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 subsequently acquiesced in its presence, the City Council
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 such 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 Council but does not appear, he shall,be
notified in writing of the decision.
Section 11. Five days after adoption of the order declaring,
the ve iii car parts thereof to be a public nuisance, five days
from the date of mailing of notice of the decision if such notice
Is required by Section 11, or 15 days after such action of the
governing body authorizing removal following appeal, the vehicle
or parts thereof may be disposed of by removal to a scrapyard of
dismantler's yard. After a vehicle has been removed it shall not
thereafter be reconstructed or made operable.
If the City Council determines that commercial channels of
disposition are not available or are inadequate, it may dispose
of the vehicles by removal to any suitable site operated by the.
city. The City Council may also make final disposition of such
Vehicles or parts thereof or may transfer such vehicles or parts to
another site provided such disposal is only for scrap.
Section 12. Within five days after the date of removal of the
vehicle or r 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. If the administrative costs of removal which are
charged against the owner of a percel of land pursuant to Section 11
are not paid within 30 days of the date of the order, or the final
disposition of any appeal therefrom, such costs shall be assessed
against the parcel of land pursuant to Section 38773.5 of the
Government Code and shall be transmitted to the tax collector for
collection. Said assessment shall have the same priority as other
city taxes
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Section 14. It shall be unlawful and a misdemeanor for any
person to abaa Son, park, store, or leave or permit the abandonment,
parking, storing or leaving of any licensed vehicle or parts thereof
which is in an abandoned, wrecked, dismantled or inoperative con-
dition upon any private property or public property not including
highways within the City for a period in excess of 30 days unless
such vehicle or parts thereof is completely enclosed'wi`thin a.
building in a lawful manner where it is not plainly visible from
the street or other public or private property, or unless such vehicle
is stored or parked in a lawful manner of private property in
connection with the business of a licensed dismantler, licensed
vehicle dealer or a junkyard.
Section 15. 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 statement
provisions of this Ordinance or State law where such State law is
applicable. d
THE FOREGOING ORDINANCE is approved and signed by me this
26th day of July, 1971.
e__.4(
Thomas A. orster, yor
City of San Juan Capistrano
ATTEST:
O
ity er c or rte City o
San Juan Capistrano
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF SAN JUAN CAPISTRANO )
I, DONALD G. WEIDNER, City Clerk of the City of San Juan
Capistrano, California, do hereby certify that the attached and
foregoing Ordinance was duly and regularly adopted by the said City
Council at a regular meeting held on the,26th day of July, 1971, and
passed by the following,stated vote, to wit:
AYES: COUNCILMEN: BATHGATE, CHERMAK, GANMELL, THORPE
and FORSTER
NOES: COUNCILMEN: NONE
ABSENT: COUNCILMEN: NONE -„
—ulty OTerK
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