Ordinance 816
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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repealed.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repealed: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" .
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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
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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.
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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
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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.
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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...~. ;
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Mayor
ATTEST:
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// City C1er
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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.
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/C i ty Clerk of the City of G i I roy