Loading...
HomeMy WebLinkAbout2002-09 ORDINANCE NO. 2002-09 REPEALING THE EXISTING SECTION 4-7 OF THE DANVILLE MUNICIPAL CODE AND ADDING A NEW SECTION 4-7 RELATING TO THE ABATEMENT OF ABANDONED VEHICLES The Danville Town Council does ordain as follows: SECTION1. REPEALING THE EXISTING SECTION 4-7 OF THE DANVILLE MUNICIPAL CODE. The existing Section 4-7 of the Danville Municipal Code is repealed in its entirety. SECTION 2 ADDING A NEW SECTION 4-7 TO THE DANVILLE MUNICIPAL CODE. A new Section 4-7 is hereby added to the Danville Municipal Code to read as follows: SECTION 4-7 ABANDONED VEHICLES 4-7.1 Authority, Findings, Nuisance. a. Authority. This section is enacted pursuant to California Vehicle Code Sections 22660, 22661, 22662, 22663, 22665 and 22671 and Government Code Section 38773.5. b. Findings. The Council finds and declares that the accumulation and storage of abandoned, wrecked, dismantled, or inoperative vehicles or parts thereof on private and public property not including highways creates 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 of minors, to create a harborage for rodents and insects, and to be injurious to the public health, safety and general welfare. c. Nuisance. 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, constitutes a public nuisance which may be abated as such in accordance with the provisions of this section and Code. 4-7.2 Exemptions. This section 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; and 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, or junkyard, or when such storage or parking is otherwise necessary to the operation of a lawfully conducted business or commercial enterprise. c. The exceptions described above do not authorize the creation or maintenance of a public or private nuisance as defined by any laws other than this section or Chapter 10 of Division 11 (commencing with Section 22650) of the Vehicle Code. 4-7.3 Nonexclusive Regulation. This section is not the exclusive regulation of abandoned, wrecked, dismantled, or inoperative vehicles within the Town of Danville. It supplements and is in addition to the other regulatory codes, statutes and ordinances heretofore or hereafter enacted by the Town, the State or any other legal entity or agency having jurisdiction. 4-7.4 Definitions. As used in this section: Abandoned vehicle shall mean any vehicle or part constituting a nuisance under subsection 4-7.1c and Vehicle Code Section 22660. Hearing officer shall mean the Town's Chief of Planning. Owner of land and landowner shall mean the owner of the land on which an abandoned vehicle is located, as shown on the last equalized assessment roll. Owner of the vehicle and vehicle owner shall mean and include the last owner, registered owner, and legal owner of record. Public property does not include "highway". 4-7.5 Enforcement Authority. Pursuant to Vehicle Code Section 22663, the Chief of Police is hereby designated as the person responsible for the administration and enforcement of this section. The Chief may assign any peace officer, as defined in the Penal Code, or any other employee of the Town's Police Department, to enter onto private property for purposes of enforcing this section and to remove vehicles found to be public nuisances as provided for in this section. Pursuant to Vehicle Code Section 22671, the Town may enter into contracts for the actual removal of vehicles. 4-7.6 Notice of Intention. a. Notice. A 10 day notice of intention to abate and remove an abandoned vehicle as a public nuisance shall be mailed by registered or certified 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, or unless the property owner and the vehicle owner have signed releases authorizing removal and waiving further interest in the vehicle or parts thereof. PAGE 2 OF ORDINANCE NO. 2002-09 b. Contents. The notice shall contain an estimate of the cost of abatement (including administrative and removal costs) and a statement that this cost may be levied as a special assessment on the landowner's land. It shall contain a statement of the land and vehicle owner's hearing rights, and notice that the landowner 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 the reasons for such denial, in lieu of appearing. c. Inoperable vehicles on agricultural land. A notice of intention is not required for removal of a vehicle or part thereof which is inoperable due to the absence of a motor, transmission or wheels and incapable of being towed, and is valued at less than two hundred dollars by a person specified in Vehicle Code Section 22855; provided, that the landowner has signed a release authorizing removal and waiving further interest in the vehicle or part thereof. Prior to final disposition under Vehicle Code Section 22662 of such a low valued vehicle or part for which evidence of registration was recovered, the Town shall provide notice to the registered and legal owners of intent to dispose of the vehicle or part, and if the vehicle or part is not claimed and removed within twelve days after the notice is mailed from a location specified in Vehicle Code Section 22662, final disposition may proceed. The Town, its employees or any contractor thereof shall not be liable for damage caused to a vehicle or part thereof by removal pursuant to this section. This subsection applies only to inoperable vehicles located upon a parcel that is: (1) zoned for agricultural use; or (2) not improved with a residential structure containing one or more dwelling units. 4-7.7 Hearing Requests. a. Within 10 days after the mailing date of the notice of intention, the vehicle owner or landowner may request a hearing on the question of abatement and removal and the estimated cost thereof. In the alternative, the landowner may submit a sworn written statement denying responsibility for the presence of the vehicle on their land, with facts supporting the denial. Any such disclaimer shall be construed as a request for a hearing which does not require the landowners presence. b. Failure to submit a disclaimer or request for hearing within the 10 day period shall constitute a waiver of any hearing and the nuisance shall be abated without further notice to the landowner or vehicle owner. 4-7.8 Hearings. a. Hearing Notice. When a hearing is requested, notice of the hearing shall be provided to the Chief of Police, the landowner and vehicle owner at least 10 days before the hearing date, provided, however, that notice to the vehicle owner shall not be required if the vehicle is in such condition that identification numbers are not available to determine ownership. PAGE 3 OF ORDINANCE NO. 2002-09 b. Hearings. The hearing officer shall receive all evidence deemed material, including the condition of the vehicle or parts thereof, the circumstances of its abandonment and location and the estimated cost of the abatement. The landowner may appear in person or present a sworn written statement denying responsibility for the presence of the vehicle on their land with the reasons for such denial. All parties may present relevant evidence as determined by the hearing officer, who shall not be limited by the technical rules of evidence. 4-7.9 Decisions. a. If the hearing officer determines that there is an abandoned vehicle pursuant to this section, a written order shall be issued to the landowner ordering its removal. The order requiring removal shall include: a description of the abandoned vehicle, the correct identification number and license number of the vehicle, if available, the date by which the vehicle must be removed, a notice that if the vehicle is not removed by the landowner it will be removed by the Town, and the cost of the abatement if performed by the Town. Both the landowner and vehicle owner shall be provided with a copy of the order. b. If it is determined at the hearing that the vehicle was placed on the land without the consent or subsequent acquiescence f the landowner, the hearing officer shall not assess the cost of abatement (administration and removal) against the property upon which the vehicle is located or otherwise attempt to collect such costs from such landowner. 4-7.10 Appeals. The Chief of Police, the landowner, or the vehicle owner may appeal the hearing officer's decision by filing a written notice of appeal within five calendar days after the decision. The appellant and all other affected parties shall be provided with notice of the appeal hearing. All appeals shall be heard by the Town Council, which may affirm, amend, or reverse the order. 4-7.11 Final Abatement Action. a. Removal and Disposal. Abandoned vehicles may be disposed of by removal to a scrapyard or automobile dismantler's yard when: 1. Releases authorizing removal and waiving further interest in said vehicle have been signed by its owner(s); or 2. There is no reply to the notice of intent to abate by the end of the ten (10) day waiting period; or 3. The hearing officer orders the vehicle removed and no appeal is made; or 4. After an appeal has been decided in favor of removal. b. No reconstruction. After a vehicle has been removed it shall not be reconstructed or made operable, unless it is a vehicle that qualifies for either horseless carriage or historical vehicle license plates as prescribed in the Vehicle Code. PAGE 4 OF ORDINANCE NO. 2002-09 c. Notification to D.M.V. Within five days after removal of an abandoned vehicle, the Chief of Police shall notify the Department of Motor Vehicles, identifying the vehicle or parts, and send it any evidence of registration available, including registration certificates, certificates of title and license plates. 4-7.12 Cost Collection. a. Imposition of Administrative Costs. The Town Council may establish the amount of administrative costs to be imposed on each abatement pursuant to this section as part of the Town's master fee schedule. These costs shall reflect the costs to the Town of enforcing the ordinance. b. Record of Costs. The Chief of Police shall maintain an itemized written account of the expenses incurred to abate the nuisance where it is proposed to collect costs pursuant to this section. Once an abatement is complete, this record of costs shall be provided to the landowner with a demand to pay the costs within 30 days. c. Collection. If the abatement costs are not paid within 30 days after the demand for payment, the costs shall be assessed as a special assessment against the parcel of land pursuant to Government Code Section 38773.5 and shall be transmitted to the Contra Costa County Tax Collector for collection with the same priority as other taxes. d. Special Assessment Notice. The Town shall file with the Tax Collector a certificate substantially in the following form: NOTICE OF SPECIAL ASSESSMENT (Abandoned Vehicle Abatement Cost) Pursuant to Vehicle Code Section 22660, Government Code Section 38773.5, and Danville Municipal Code Section 4-7, the Town of Danville abated an abandoned vehicle nuisance on the parcel of real property described below, of which the named person(s) is the owner shown on the last equalized assessment roll, and fixed the below-shown amount as the cost thereof and hereby claims a special assessment against said parcel for this amount. AMOUNT OF ASSESSMENT: $ OWNER(S): PARCEL: Real property in the Town of Danville, Contra Costa County, California: County Assessor's parcel #: __ (other description where needed): Dated: Town of Danville By: SECTION 3. CODIFICATION. Section 2 of this ordinance shall be codified in the Danville Municipal Code. PAGE 5 OF ORDINANCE NO. 2002-09 SECTION 4. PUBLICATION AND EFFECTIVE DATE. The City Clerk shall have a summary of this ordinance published twice in a newspaper of general circulation, once within five (5) days before its adoption and once within 15 (fifteen) days after adoption. This ordinance shall become effective 30 days after adoption. SECTION 5. SEVERABILITY. If any section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of the ordinance. The Danville Town Council hereby declares that they would have adopted the ordinance, and each section, subsection, sentence, clause, or phrase thereof, irrespective of the fact that one or more sections, subsections, sentences, clauses or phrases was declared invalid. The foregoing Ordinance was introduced on October 15, 2002 and approved and adopted by the Danville Town Council at a regular meeting held on November 6, 2002, by the following vote: AYES: NOES: None ABSTAIN: ~lone ABSENT: None Waldo, Arnerich, Doyle, Greenberg, Shimansky MAYOR APPROVED AS TO FORM: CITY ATTORNEY ATTEST: CITY CLERK CLERK'S CERTIFICATE I, Marie Sunseri, City Clerk of the Town of Danville, hereby certify that the foregoing is a true and accurate copy of Ordinance No. 2002-09 of said Town and that said ordinance was published according to law. Dated: City Clerk of the Town of Danville PAGE 6 OF ORDINANCE NO. 2002-09