HomeMy WebLinkAbout86-13 - Amending Chapter 10.52 of the Newport Beach Municipal Code Pertaining to Abandoned or Wrecked VehiclesORDINANCE 86 -13
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
• NEWPORT BEACH AMENDING CHAPTER 10.52 OF THE
NEWPORT BEACH MUNICIPAL CODE PERTAINING TO
ABANDONED OR WRECKED VEHICLES.
THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH DOES
ORDAIN AS FOLLOWS:
SECTIONS:
10.52.005
Findings and Purpose.
10.52.010
Declaration of Nuisance.
10.52.015
Definitions.
10.52.020
Exceptions.
10.52.025
Other Regulations.
10.52.030
Administration and Enforcement.
10.52.035
Authority to Abate and Remove.
10.52.040
Notice of Intention to Abate and Remove -
Form Mailing and Procedure.
10.52.045
Removal Without Hearing.
10.52.050
Hearing Procedures.
10.52.055
Removal - When Authorized.
10.52.060
Assessment of Costs of
Removal /Administration.
10.52.065
Notice to Department of Motor Vehicles.
10.52.070
Severability
10.52.005 Findings and Purpose.
is(a) The City of Newport Beach, pursuant to its charter
and the constitutional and statutory laws of the State of
California, is authorized to adopt ordinances establishing
procedures for the removal, as public nuisances, of abandoned,
wrecked or dismantled vehicles, or parts thereof, from private
property or public property other than highways;
(b) The accumulation or storage of abandoned, wrecked,
dismantled, or inoperable vehicles, or parts thereof, on private
or public property, including public parking lots, causes the
following:
1. A reduction in the value of property;
2. An obstruction to the comfortable enjoyment of
property adjacent to the vehicle or vehicles;
3. Adverse impacts on the aesthetic quality of
isproperty, giving the appearance of blighted conditions and a
deteriorated environment;
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4. Conditions which are injurious to the public
health, safety and welfare, including, but not limited to, a
• harborage for rodents and insects, a dangerous attraction for
children, the potential for fire, and an invitation to theft and
other criminal conduct; and
5. In a case of vehicles left for long periods of
time in the Balboa Pier Municipal Parking Lot, fewer parking
spaces to satisfy the demand for parking which currently exceeds
the supply of spaces; an increase in the use of on- street parking
which is needed, and heavily used, by residents and customers of
local businesses; and a reduction in revenue to the City which
would otherwise be used for public services.
10.52.010 Declaration of Nuisance
The presence of an abandoned, wrecked, dismantled, or
inoperative vehicle, or parts thereof, on private or public
property, excluding highways, is, except as expressly permitted
• by ordinance, hereby declared to constitute a public nuisance
which may be abated in accordance with the provisions of this
chapter. For the purpose of this chapter, a vehicle shall be
considered abandoned, if continuously present or parked at the
Balboa Pier Municipal Parking Lot for more than seven (7) days
unless the vehicle displays a permit authorizing overnight
parking, and a vehicle displaying a permit authorizing overnight
parking at the Balboa Pier Municipal Parking Lot, shall be
considered abandoned if it is continuously parked or present at
that facility for a period in excess of fourteen (14) days.
10.52.015 Definitions.As used in this chapter: (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
0. tracks.
(b) The term "highway" means a way or place of
whatever nature,publicly maintained, and open to the use of the
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public for purposes of vehicular travel, including any street or
alley, but the term "highway" shall not include Balboa Pier
Municipal Parking Lot.
• (c) The term "public property" shall include the
Balboa Pier Municipal Parking Lot, but shall not include any
highway;
(d) The term "owner of land" means the owner of land
on which the vehicle, or parts thereof, is located as shown in
the latest equalized assessment role;
(e) Ther term "owner of vehicle" means the last
registered owner and legal owner of record.
10.52.020 Exceptions. This chapter shall not apply
to: (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 of
law other than Chapter 10 (commencing with Section 22650) of
Division 11 of the Vehicle Code and this chapter.
10.52.025 Other Regulations. 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 ordinance heretofore or hereafter
enacted by the City, the State, or any other legal entity or
agency having jurisdiction.
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10.52.030 Administration and Enforcement. Except as
otherwise provided, the provisions of this chapter shall be
• administered and enforced by the Chief of Police, or any
regularly salaried full time city employee designated by the
Chief of Police to administer and enforce this chapter. Any
person authorized to administer and enforce this chapter may
enter upon private property for the purposes specified in this
chapter to examine a vehicle or part, obtain information as to
the identity of any vehicle, and remove, or cause the removal, of
a vehicle or part previously declared to be a nuisance pursuant
to this chapter. The removal of any vehicle or part previously
declared to be a nuisance pursuant to this chapter may, upon
direction of any person authorized to administer and enforce this
ordinance, be removed by any person or persons with which the
city has contracted to provide vehicle towing services.
10.52.035 Authority to Abate and Remove. Upon
. discovering the existence of an abandoned, wrecked, dismantled or
inoperative vehicle, or any part thereof, on private or public
property within the City, any official or employee designated to
administer and enforce this ordinance shall have the authority to
cause the abatement and removal of the vehicle or part in
accordance with the procedures described in this chapter.
10.52.040 Notice of Intention to Abate and Remove -
Form Mailing and Procedure. A ten (10) day Notice of Intention
to Abate and Remove the Vehicle or a part thereof, as a public
nuisance shall be posted on the vehicle or part, mailed by
certified mail to the owner of the land as shown on the latest
equalized assessment role, and mailed by certified mail to the
owner of the vehicle, unless the vehicle is in such condition
that identification numbers are not available to determine
• ownership. If the owner(s) of the property, vehicle or part is
not of record, and cannot be ascertained, a notice shall be
posted on the vehicle or property.
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The notices of intention shall be in substantially the
following form:
NOTICE OF INTENTION TO ABATE AND REMOVE
AN ABANDONED, WRECKED, DISMANTLED OR INOPERATIVE
VEHICLE OR PARTS THEREOF AS A PUBLIC NUISANCE
To:(Name of Landowner)
As owner shown on the latest
land located at
aooress).
equalized assessment role of the
You are hereby notified that the undersigned, pursuant to Chapter
10.52 of the Newport Beach Municipal Code, has determined there
exists upon said land an abandoned, wrecked dismantled or
inoperable vehicle, or parts thereof, registered
to license
number which constitutes a public
nuisance pursuant to the provisions of Chapter 10.52 of the
Newport Beach Municipal Code.
You are hereby notified to abate this nuisance by removal of the
vehicle, or parts within ten (10) days from the date of mailing
of this notice, and if you fail to do so the vehicle or parts
will be removed by the City of Newport Beach. If you fail to
remove the vehicle (or parts) within ten (10) days from the date
on which this notice is mailed, the removal and administrative
costs associated with abatement of the nuisance may be assessed
to you as owner of the land on which the vehicle (or parts) is
located if the City determines the vehicle (or parts) was placed
on your land with your consent or was placed upon your property
without your consent, but you permitted the vehicle (or parts) to
remain on your property.
As owner of the land on which the vehicle (or parts) is located,
you may request a public hearing by submitting a request for
hearing, or a sworn statement denying responsibility for the
presence of the vehicle on your land, within ten (10) days after
the date on which this notice was mailed. The request for
hearing or sworn statement should be mailed to
(name of designated official), at
If your request for hearing or sworn statement is not
received by within this ten (10) day
period, the City shall have authority to remove the vehicle (or
parts) as a public nuisance without a public hearing.
You may appear in person at any public hearing
requested by you or the owner of the vehicle, or, if you do not
wish to be present, you may present a sworn written statement
prior to the hearing, stating the reasons why a nuisance should
not be abated by removal of the vehicle (or parts) by the land.
Notice Mailed:
Date:
Signature: (designated official)
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NOTICE OF INTENTION TO ABATE AND REMOVE
AN ABANDONED, WRECKED, DISMANTLED OR INOPERABLE VEHICLE,
OR PARTS CAUSING A PUBLIC NUISANCE
• (Name and of Last Registered 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)
license number).
You are hereby notified that the undersigned, pursuant to Chapter
10.52 of the Newport Beach Municipal Code, has determined that
the vehicle (or parts) exists as an abandoned, wrecked,
dismantled or inoperable vehicle at (describe location of vehicle
on public or private property) and constitutes a public nuisance
pursuant to the provisions of Chapter 10.52 of the Newport Beach
Municipal Code.
You are hereby notified to abate the nuisance by removal of the
vehicle (or parts) within ten (10) days from the date on which
this notice was mailed.
As registered (and /or legal) owner of record of the vehicle (or
parts), you may, within ten (10) days from the date this notice
was mailed, request a public hearing. Your request should be
sent to (name and title of designated
offical) at (address of offical).
If this request is not received by the designated offical within
this ten (10) day period, the City shall have the authority to
• remove the vehicle (in parts) without a hearing. You may attend
the hearing in person, or you may submit a sworn statement
stating the reasons why the nuisance should not be abated by
removal of the vehicle.
Notice Mailed:
Date:
Signature:_
(designated official)
10.52.045 Removal /Without Hearing. The City shall
have the authority to abate and remove the vehicle, or parts
thereof, as a public nuisance without holding a public hearing
if:
(a) No request for hearing or sworn statement denying
responsibility for the presence of the vehicle is received within
ten (10) days after the date of mailing of the notice of
intention; or
(b) A vehicle, or part thereof, is inoperable due to
the absence of a motor, transmission, or wheels, is incapable of
• being towed, is located on property that is either zoned for
agricultural use or which contains no dwelling units, is valued
at less than two - hundred (200) dollars by a person specified in
am
Section 22855 of the California Vehicle Code, has been determined
by the City Council to be a public nuisance presenting an
immediate threat to the public health or safety and the property
owner has signed a release authorizing removal of, and waiving
further interest in, the vehicle or part thereof, and no request
for hearing was made by the registered or legal owner of the
vehicle at the time the release was signed. The vehicle or part
shall be disposed of pursuant to the provisions of Section 22661
and 22662 of the California Vehicle Code; or
(c) The registered and /or legal owner of the vehicle
or part, and the owner of the.property on which the vehicle or
part is located, have signed releases authorizing removal of, and
waiving further interest in, the vehicle or part and neither the
owner(s) of the vehicle nor the property owner made a request for
hearing at the time the releases were signed.
10.52.050 Hearing Procedures.
(a) Upon a timely request for hearing, a public
hearing shall be held by and before the City Manager or his
designee. The City Manager, or designee, shall mail notice of
the hearing, specifying the date, time and location of the
hearing, by certified mail, at least ten (10) days prior to the
hearing, to the owner of the land and to the owner(s) of the
vehicle unless the vehicle is in such condition that
identification numbers are not available to determine
ownership. The City Manager, or designee, shall hear and receive
all facts, evidence and testimony pertinent to the status and
condition of the vehicle or parts, the circumstances surrounding
its presence on private or public property, any facts which may
render provisions of this chapter inapplicable to the vehicle or
parts, the appropriate conditions that should be attached to an
Order for Abatement, and the responsibility, if any, of the land
owner for the cost of removal and the adminstrative
proceedings. The City Manager shall not be limited by the
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technical rules of evidence. The owner of land, and the owner(s)
of the vehicle may appear in person at the hearing, may appear by
• representatives, or may submit a sworn written statement prior to
the hearing.
(b) City Manager or designee, may impose such
conditions, or take such action, as he or she deems appropriate
under the circumstances to carry out the purposes of this
chapter. The City Manager, or designee, may delay the time for
removal of the vehicle or parts;
(c) The City Manager, or designee, shall determine if
the vehicle, or part, constitutes a public nuisance as provided
in this chapter and upon such determination shall enter an order
directing the vehicle or part to be removed from the property and
disposed of as provided in this chapter. The order requiring
removal shall include a description of the vehicle or parts, the
correct identification number and license number of the vehicle,
• if available, and the location of the property on which the
vehicle or part is located. Written notice of the decision shall
be given by certified mail to each owner of land, vehicle or part
that does not appear at the hearing and to any interested party
that makes a written presentation, but does not appear.
10.52.055 Removal - When Authorized.
Five (5) days after adoption of the order declaring the
vehicle or parts to be a public nuisance, or five (5) days from
the date of mailing of the Notice of Decision, if notice is
required by this chapter, the vehicle or parts may be removed and
disposed of as provided by law. After a vehicle has been
removed, it shall not thereafter be reconstructed or made
operable unless it is a vehicle which qualifies for either
horseless carriage license plates or historical vehicle license
• plates pursuant to Section 5004 of the California Vehicle Code,
in which case the vehicle may be reconstructed or made operable.
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10.52.060 Assessment of Costs of
Removal /Administration.
The cost of administering and enforcing this chapter,
and the cost of removal of any vehicle or part declared a public
nuisance pursuant to this chapter, shall be charged against the
owner of the land unless it is determined that the vehicle was
placed on the land without the consent of the land owner and the
land owner did not subsequently acquiesce in the presence of the
vehicle. The amount of the cost of administration, enforcement
and removal shall be assessed against the property on which the
vehicle or part was located and pursuant to Section 38773.5 of
the Government Code and shall be transmitted to the tax collector
for collection.
10.52.065 Notice to Department of Motor Vehicles.
Within five (5) days after the date of removal of the
vehicle or part, notice shall be given to the Department of Motor
Vehicles identifying the vehicle or part removed and transmitting
any available evidence of registration including certificates,
certificates of title and license plates.
10.52.070 Severability.
If any section, subsection, sentence, clause, or phrase
of this ordinance is for any reason held to be invalid or
unconstitutional by a decision of any court of competent
jurisdiction, such decision shall not affect the validity of the
remaining portions of the ordinance. The City Council hereby
declares that it would have passed this ordinance and each and
every section, subsection, sentence, clause or phrase not
declared invalid or unconstitutional without regard to whether
any portion of the ordinance would be subseqently declared
invalid or unconstitutional.
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SECTION 2. The Mayor shall sign and the City Clerk
shall attest to the passage of this ordinance. The City Clerk
• shall cause the same to be published once in the official
newspaper within fifteen (15) days after its adoption. The
ordinance shall become affective thirty (30) days from its
adoption.
This Ordinance was introduced at a regular meeting of
the City Council of the City of Newport Beach, held on the
28th
day of
April ,
1986 and was
adopted on the
12th
day of
May , 1986
by the following vote, to wit:
•
Ewan
•
AYES, COUNCILMEMBERS Agee, Cox, Hart,
Heather, Maurer, Plummer, Strauss
NOES, COUNCILMEMBERS
ABSENT COUNCILMEMBERS
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