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Ordinance 816 ,- .,..."".,...,....",;.~~~,.,"'""'~.~~~'~~".;;>."~,,j;;,..<, ORDINANCE NO. 816 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 GILROY DOES ORDAIN AS FOLLOWS: SECTION I. Sec. 15.111 to Sec. 15.117, inclusive, of the Gilroy City Code, enacted as Ordinance No. 784, are hereby repealed. SECTION II. The following sections of the Gilroy City Code are hereby adopted in the place of the sections above repealed: SEC. 15.111 DECLARATION OF PUBLIC NUISANCE The accumulation and storage of abandoned, wrecked, dismantled, or inoperative vehicles or parts thereof on private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 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 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 including highways, except as expressly hereinafter permitted, is hereby declared to constitute a public nuisance which may be abated as such in accordance with the provisions of this ordinance. SEC. 15.112 DEFINITIONS 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 away 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" . -1- 8/(0 SEC. 15.113 STORAGE OF ABANDONED. WRECKED. DISMANTLED OR INOPERATIVE VEHICLES ON PRIVATE PROPERTY PROHIBITED No person shall park, store, leave or pepmit the park- ing, storing, or leaving of any vehicle or part thereof which is in a wrecked, dismantled, inoperative, or abandoned condition upon any private or public property within the City for a period in excess of seven (7) days. This ordinance shall not apply to (1) a vehicle or part thereof which is completely enclosed within a fence or building in a lawful manner where it is not visible from the street or other public or private property or (2) a vehicle or part thereof which is stored or parked in a lawful manner on private property in connec- tion with the business of a licensed dismantler, licensed vehicle dealer or a junkyard; provided, however, that this exception shall not authorize the maintenance of a public or private nuisance as defined under other provisions of law. This Ordinance is not the exclusive regulation of abandoned, wrecked, dismantled or inoperative vehicles within the city. It 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. SEC. 15.114 ADMINISTRATION; ENFORCEMENT; AUTHORITY TO ENTER UPON PRIVATE PROPERTY Except as otherwise provided herein, the provisions of this Ordinance shall be administered and enforced by the Chief of the Gilroy Police Department. 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 informa- tion as to the identity of a vehicle and to remove or cause the removal of a vehicle or part thereof declared to be a nuisance pursuant to this Ordinance. When the city council has contracted with or granted a franchise to 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 thereof declared to be a nuisance pursuant to this Ordinance. SEC. 15.115 ADMINISTRATIVE COSTS The city council shall from time to time determine and fix an amount to be assessed as administrative costs in addition to the actual cost of removal of any vehicle or part thereof under this Ordinance. This cost of administration may be set as a fixed sum per removal, or as a percentage of the actual cost of removal. SEC. 15.116 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, dismantled or inoperative vehicle and on the assessment of the administrative -2- costs and the cost of removal of the vehicle or part thereof against the property on which it is located. All hearings under this Ordinance shall be held before the city council which shall hear all facts and testimony it deems pertinent. Said facts and testi- mony may include testimony on the condition of the vehicle or part thereof and the circumstances concern- ing its location on the said private property or public property. The city council 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 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 part 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 part 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 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 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 city council 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 city council but does not appear, he shall be notified in writing of the decision. SEC. 15.117 NOTICE OF HEARING Notice of the public hearing shall be mailed at least ten 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 city assessment roll and to the last registered and legal owner of record unless the vehicle is in such condition that identifi- cation numbers are not available to determine owner- ship. 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 days from the date of such return. -3- 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 mailed at least ten days prior to the public hearing. SEC. 15.118 REMOVAL; NOTICE; TRANSMITTAL OF REGISTRATION Five days after adoption of the order declaring the vehicle or parts thereof to be a public nuisance, or five days from the date of mailing of notice of the decision if such notice is required, the vehicles or parts thereof may be disposed of by removal to a scrapyard or automobile dismantler's yard. After a vehicle has been removed it shall not thereafter be reconstructed or made operable. Within five 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 registra- tion available, including registration certificates, certificates of title and license plates. SEC. 15.119 ASSESSMENT AND COLLECTION OF COSTS If the administrative costs and the cost of removal which are charged against the owner of a parcel of land pursuant to this Ordinance are not paid within 30 days of the date of the order, 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. SEC. 15.120 ABANDONMENT; MISDEMEANO~ It shall be unlawful and a misdemeanor for any person to 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 condition upon any private property or public property not including highways within the City for a period mn excess of seven (7) days unless such vehicle or part thereof is completely enclosed within a fence or 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, licensed junkyard or other similar duly licensed business conducted pursuant to law when such parking or storing of vehicles or parts thereof is necessary to the operation of the business. 'SEC. 15.121 FAILURE TO REMOVE; MISDEMEANeR 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 refuse to abate such nuisance when ordered to do so in accordance with the abatement provisions of this -4- Ordinance of State law where such State law is applicable. SEC. 15.122 INTERFERENCE WITH ABATEMENT; MISDEMEANOR It shall be unlawful and a misdemeanor for any person to interfere with, hinder or refuse admittance to persons authorized by this Ordinance to enter upon private property for the purpose of enforcing the provisions of this Ordinance. SECTION III. This is an Emergency Ordinance which shall take effect immediately upon its passage and approval. The facts and circumstances giving rise to the emergency are as follows: The storage or keeping of abandoned or inoperable motor vehicles upon private premises in the City of Gilroy has been increasing and said vehicles constitute an attractive nuisance to children and become a menace and danger thereto because of broken glass or other conditions and there are a number of instances where serious injury has been caused to children because of their playing around and in an abandoned, discarded or inoperable automobile; in addition, said vehicles constitute a menace to health for the reason that they are being used in numerous instances as a collector of debris, other waste materials and garbage which are indiscriminately thrown into the vehicles by careless, reckless and thoughtless individuals, and unless said automobiles are prevented from collecting or being kept on said private property their menace to health and danger to children will increase and be detrimental to the public welfare. <.~ This Ordinance was introduced as an emergency measure and passed and adopted to become effective immediately and ordered published by title and summary in accordance with provisions of the City Charter at a regular session of the City Council held on the 1st day of April, 1968, by the following vote: AYES: COUNCILMEMBERS: Allemand, Duffin, Kennedy, Quartiroli, Silva, Wentworth and Goodrich NOES: ABSENT: COUNCILMEMBERS: COUNCILMEMBERS: None None AP.P...~. ; ~. . /'t'. Mayor ATTEST: 01to~f~ // City C1er -5- I, SUSANNE E. STEINMETZ, City Clerk of the City of Gilroy, do hel-eby certify that the attached Ordinance No. 816 is an original ordinance, duly adopted by the Council of the City of Gilroy at a regular meeting of said Council held on the 1st day of April , 19~, at which meeting a quorum was present. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Gi lroy, this 3rd day of Apri 1 , 19 68. ~~ /C i ty Clerk of the City of G i I roy