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8THS /2/68v
ORDINANCE No. 1 a 7 8
14
AN ORDINANCE OF THE CITY OF NEWPORT BEACH
ADDING CHAPTER 10.52 TO TITLE 10 OF THE
• NEWPORT BEACH MUNICIPAL CODE PROVIDING FOR
THE ABATEMENT AND - REMOVAL AS PUBLIC NUISANCES
OF ABANDONED, WRECKED, DISMANTLED-OR INOPER-
ATIVE VEHICLES OR PARTS THEREOF FROM PUBLIC
AND PRIVATE PROPERTY► EXCLUDING HIGHWAYS
•
The City Council of the City of Newport Beach does
ordain as follows.
SECTION 1. Chapter 10052 is added to Title 10 of
the Newport Beach Municipal Code to read.
/ eChapter 10.52
Sections°
10.52°010 Declaration of Policy.
100520020 Definitions.
100520030 Exceptions.
10.52.040 Other Regulations.
10052.050 Storing Abandoned. Inoperable or Wrecked
Vehicles.
100520060 Entry on Private or Public Property.
100520070 Determination of Administrative Costs.
100520080 Public Hearing.
10052.090 Hearing Procedure Officer
10.52.100 Right of Appeal°
10.52.110 Removal of Vehicles.
10052.120 Notice to Department of Motor Vehicles.
10.52.130 Compliance with Abatement Order.
10.520140 Assessment of Costs of Removal.
100520010 Declaration of Policyo 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 deterio-
ration, to invite plundering.9 to create fire hazards, to
consititute 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 part thereof, on private or public property not includ-
ing highways, except as expressly hereinafter permitted,
is hereby declared to constitute a public nuisance which
may be aba -ted --as such in accordance with the provisions
of this .chapter-
100520020 Definitions> As used in this chapters
(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
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sed 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 °o
tog
10052.030 Exceptions. This chapter shall not apply
(a) A vehicle or part 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 part 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 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
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of law other than Chapter .10 (commencing with Section 22650)
of Division 11 of the Vehicle Code and this chapter.
10.52.040 Other R ulations. The provisions of this
•
chapter are not.the exclusive regulations applicable to
abandoned, wrecked, dismantled or inoperative vehicles
within the City. They shall supplement and be in addition
to the other regulatory codes, statutes, and ordinances
heretofore or hereafter enacted by the City, the State, or
any other legal entity or agency having jurisdiction.
10.52.050 Storin& abandone d. inoperable or Wrecked
Vehicles. No person shall abandon, park, store, or leave
or permit the abandonment, parking, storing or leaving of
any licensed or unlicensed vehicle or part 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 five (5) days unless such vehicle or part 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 unless such vehicle 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.
10052.060 Eantry on Private or public Property. Except
as otherwise provided herein, the provisions of this chapter
shall be administered and enforced by the Chief of Police or
his designated representative. In the enforcement of this
chapter, any City officer or employee 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
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remove or cause the removal of a vehicle or part thereof,
declared to be a nuisance pursuant to this chapter.
If the City Council has contracted with or granted a
franchise to any person or persons for the removal of
3.-
abandoned vehicles, 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 thereof declared to be a nuisance pursuant
•
to this chapter.
10.52.070 Determination of Administrative Costs.
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
part thereof, under this chapter.
10.52.080 Public Hearing. A public hearing shall
be held on the question of abatement and removal of the
vehicle or part thereof as an abandoned, wrecked, dis-
mantled or inoperative vehicle and the assessment of the
administrative costs and the cost of removal of the
vehicle or part thereof against the property on which it
is located. Notice of hearing shall be mailed at least
•
ten (10) days before the hearing, by certified mail, with
a five -day return requested, to the owner of the land as
shown on the last equalized County assessment roll and to
the last registered and legal owner of record unless the
vehicle is in such condition that identification numbers
are not available to determine ownership. If any of the
foregoing notices are returned undelivered by the United
States Post Office, the hearing shall be continued to a
date not less than ten (10) days from the date-of such
return. The failure to receive the mailed notices
required herein shall not affect in any manner the
validity of any abatement proceeding hereunder providing
a notice of the proceeding has been posted on the vehicle
or,part thereof sought to be removed at least ten (10)
.
days before the hearing.
Notice of hearing shall also be given to the
California Highway Patrol identifying the vehicle or
part thereof proposed for removal, such notice to be
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mailed at least ten (10) days prior to the public
hearing.
10.52.090 Hearing Procedure Officer. All
hearings under this chapter shall be held before the
City Manager or his designated representative, who
shall hear all facts and testimony he deems pertinent.
Said facts and testimony may include testimony on,
the condition of the vehicle or part thereof and the
circumstances concerning its location on the said
private property or public property. The City Manager
shall not be limited by the technical rules of evidence.
The owner of the land on which the vehicle is located
may appear in person at the hearing or present a
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 designated representative
may impose such conditions and take such other action
as he deems appropriate under the circumstances to carry
out the purpose of this chapter. He may delay the time
for removal of the vehicle or part thereof if, in his
opinion, the circumstances justify it. At the conclusion
of the public hearing, the City Manager or his designated
representative may find that a vehicle or part thereof
has been abandoned, wrecked, dismantled, or is in-
operative 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 parcel of land on
which the vehicle or part thereof is located. The
order requiring removal shall include a description of
the vehicle or part thereof and the correct identification
5.
number and license number of the vehicle, if available
at the site.
If it is determined at the hearing that the vehicle
was placed on the land without the consent of the land
• owner and that he has not subsequently acquiesced in its
presence, the hearing officer shall not assess 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 land owner.
If an interested party makes a written presentation
to the hearing officer but does not appear, he shall be
notified in writing of the decision.
10.52.100 Right of Appeal. Any interested party
may appeal the decision of the hearing officer by filing
a written notice of appeal with said hearing officer
within five (5) days after his decision.
Such appeal shall be heard by the City Council which
may affirm, amend or reverse the order or take other
• action deemed appropriate.
The City Clerk shall give written notice of the
time and place of the hearing, to the appellant and those
persons specified in Section 10.52.080.
In conducting the hearing, the City Council shall
not be limited by the technical rules of evidence.
10.52.110 Removal of Vehicles. Five (5) days after
adoption of an order declaring the vehicle or parts
thereof to be a public nuisance, five (5) days from the
date of mailing of notice of the decision if such
notice is required by Section 10.52.090, or fifteen (15)
days after such action of the City Council authorizing
removal following appeal, the vehicles or parts thereof
• may be disposed of by removal to a scrapyard or auto-
mobile dismantler's yard. After a vehicle has been
removed it shall not thereafter be reconstructed or
made operable.
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10.54 2 ®120 Notice to Department of Motor Vehicles.
Within five (5) days after the date of removal of the
vehicle or part thereof, notice shall be given to the
Department of Motor Vehicles identifying the vehicle or
part 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.
10.52.130 Compliance with Abatement Order. It shall
be unlawful and a misdemeanor for any person to fail or
refuse to remove an abandoned, wrecked, dismantled or
inoperative vehicle or part thereof or to refuse to
abate such nuisance when ordered to do so in accordance
with the abatement provisions of this chapter or any
applicable provision of State law.
10.52.140 Assessment of Costs of Removal. If the
administrative costs and the cost of removal which are
charged against the owner of a parcel of land pursuant
to Section 10.52.090 are not paid within thirty (30) days
of the date of the order, or the final disposition of an
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."
SECTION 2. This ordinance shall be published once
in the official newspaper of the City,.and the .same shall be
effective 30 days after the date of its adoption.
This ordinance was introduced at a regular meeting of the
City Council of the City of Newport Beach held on the 10th day of
September. 1968, and was adopted on the 23rd day of September ,
1968, by the following vote,
ATTEST-,
city C e`r c
to wit%
AYES, COUNCILMEN-, McInnis, Shelton
Parsons, Marshall, Rogers, Gruber
NOES, COUNCILMEN% None
ABSENT COUNCILMEN-, Hirth
Mayor
7.
CERJPIED AS THE RI _ _ ........._.......
CUT CLERK OF THE C;TT OF /„d
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