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Ordinance 986 ORDINANCE NO. 986 AN ORDINANCE OF THE CITY OF GILROY AMENDING SECTIONS 15.112, 15.116 and 15.117 OF THE GILROY CITY CODE RELATING TO THE REMOVAL OF ABANDONED, WRECKED, DISMANTLED OR INOPERATIVE VEHICLES THE CITY COUNCIL OF THE CITY OF GILROY DOES ORDAIN AS FOLLOWS: SECTION I: Section 15.112 of the Gilroy City Code is amended by adding thereto subparagraphs (d) and (e) to read as follows: Sec. 15.112. Definitions. (d) The term "owner of the land" means the owner of the land on which the vehicle, or parts thereof, is located, as shown on the last equalized assessment roll. (e) The term "owner of the vehicleH means the last registered owner and legal owner of record. SECTION II~ Section 15.116 of the Gilroy City Code is amended to read as follows: Sec. 15.116. Abatement and removal; Notices. Upon discovering the existence of an abandoned, wrecked dismantled, or inoperative vehicle, or parts thereof, on private property or public property within the city, the chief of police shall have the authority to cause the abatement and removal thereof in accordance with the procedure prescribed herein. A la-day notice of intention to abate and remove the vehicle or parts thereof, as a public nuisance shall be mailed by registered 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. The notices of intention shall be in substantially the following forms: NOTICE OF INTENTION TO ABATE AND REMOVE AN ABANDONED~ WRECKED~ DISMANTLED~ OR INOPERATIVE VEHICLE OR PARTS THEREOF AS A PUBLIC NUISANCE (Name and address of owner of the land) As owner shown on the last equalized assessment roll of the land located at (address), you are hereby notified that the undersigned pursuant to Chapter 15, Article IX of the Gilroy City Code has determined that there exists upon said land an (or parts of an) abandoned, wrecked, dismantled or inoperative vehicle registered to , license number , which constitutes a public nuisance - 1 - ORDINANCE NO. 986 pursuant to the prov~s~ons of Chapter 15, Article IX of the Gilroy City Code. You are hereby notified to abate said nuisance by the removal of said vehicle (or said parts of a vehicle) within 10 days from the date of mailing of this notice, and upon your failure to do so the same will be abated and removed by the city and the costs thereof, together with administrative costs, assessed to you as owner of the land on which said vehicle (or said parts of a vehicle) is located. As owner of the land on which said vehicle (or said parts of a vehicle) is located, you are hereby notified that you may, within 10 days after the mailing of this notice of intention, request a public hearing before the City Council and if such a request is not received by the Chief of Police within such 10-day period, the Chief of Police shall have the authority to abate and remove said vehicle (or said parts of a vehicle) as a public nuisance and assess the costs as aforesaid without a public hearing. You may submit a sworn written statement within such la-day period denying responsi- bility for the presence of said vehicle (or said parts of a vehicle) on said land, with your reasons for denial, and such statement shall be construed as a request for hearing at which your presence is not required. You may appear in person at any hearing requested by you or the owner of the vehicle or, in lieu thereof, may present a sworn written statement as afore- said in time for consideration at such hearing. (date) s/ Notice Mailed Chief of Police City of Gilroy NOTICE OF INTENTION TO ABATE AND REMOVE AN ABANDONED, WRECKED, DISMANTLED OR INOPERATIVE VEHICLE OR PARTS THEREOF AS A PUBLIC NUISANCE (Name and address 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, model, license, etc.), you are hereby notified that the undersigned pursuant to Chapter 15, Article IX of the Gilroy City Code has determined that said vehicle (or parts of a vehicle) exists as an abandoned, wrecked, dismantled or inoperative vehicle at (describe location on public or private property) and constitutes a public nuisance pursuant to the provisions of Chapter 15, Article IX of the Gilroy City" Code. You are hereby notified to abate said nuisance by the removal of said vehicle (or said parts of a vehicle) within 10 days from the date of mailing of this notice. As registered (and/or legal) owner of record of said vehicle (or said parts of a vehicle), you are hereby notified that you may, within 10 days after the mailing of this notice of intention, request a public hearing before the City Council - 2 - ORDINANCE NO. 986 and if such a request is not received by the Chief of Police within such la-day period, the Chief of Police shall have the authority to abate and remove said vehicle (or said parts of a vehicle) without a hearing. Notice Mailed (date) sf Chief of Police City of Gilroy SECTION III: Section 15.117 of the Gilroy City Code is amended to read as follows: Sec. 15.117. Public hearing; Notices; (a) Upon request by the owner of the vehicle or owner of the land received by the Chief of Police within 10 days after the mailing of the notices of intention to abate and remove, a public hearing shall be held by the City Council on the question of abatement and removal of the vehicle or parts thereof as an abandoned, wrecked, dismantled or inoperative vehicle, and the assessment of the administrative costs and the cost of removal of the vehicle or parts thereof against the property on which it is located. If the owner of the land submits a sworn written state- ment denying responsibility for the presence of the vehicle on his land within such lO-day period, said statement shall be construed as a request for a hearing which does not require his presence. Notice of the hearing shall be mailed, by registered mail, at least 10 days before the hearing 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. If such a request for hearing is not received within said 10 days after mailing of the notice of in- tention to abate and remove, the city shall have the authority to abate and remove the vehicle or parts thereof as a public nuisance without holding a public hearing. (b) All hearings under this chapter shall be held before the City Council which shall hear all facts and testimony it deems pertinent. Said facts and testimony may include testi- mony on the condition of the vehicle or parts thereof and the circumstances concerning its location on the said private pro- perty or public property. The City Council shall not be limited by the technical rules of evidence. The owner of the land may appear in person at the hearing or present a sworn written state- ment in time for consideration at the hearing, and deny responsi- bility 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 chapter. It may delay the time for removal of the vehicle or parts thereof it, in its opinion, the circumstances justify it. At the conclusion of the public hearing, the City Council may find that a vehicle or parts thereof has been abandoned, wrecked, dismantled, or is inopera- tive on private or public property and order the same removed from the property as a public nuisance and disposed of as herein- after provided and determine the administrative costs and the - 3 - ORDINANCE NO. 986 cost of removal to be charged against the owner of the land. The order requiring removal shall include a description of the vehicle or parts 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 owner of the land and that he has not subsequently acquiesced in its pre- sence, the City Council shall not assess the costs of adminis- tration or removal of the vehicle against the property upon which the vehicle is located or otherwise attempt to collect such costs from such owner of the land. If the owner of the land submits a sworn written state- ment denying responsibility for the presence of the vehicle on his land but does not appear, or 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. SECTION IV: All other ordinances and parts of ordi- nances in conflict herewith are hereby repealed. SECTION V: This ordinance shall take effect and be in full force thirty (30) days from and after its adoption and approval. PASSED AND ADOPTED this 2nd day of July , 1973, by the following vote: AYES: COUNCILMEMBERS: DeBELL, DUFFIN, HUGHAN, PATE, SILVA, STOUT and GOODRICH NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None APPROVED: 7~~4t-~~ Mayor ATTEST: "~),) /.,7/ ,:7'7u'/ ~. ''')/( ?';?/~--/7-!-' _ (.... -- (/" / r V'L.. y..; <..-'-..- ~~' '/~, City Cierk , ) L - 4 - ORDINANCE NO. 986 I, SUSANNE E. STEINMETZ, City Clerk of the City of Gilroy, do hereby certify that the attached Ordinance No. 986 is an original ordinance, duly adopted by the Council of the City of Gilroy at a regular meeting of sa i d Counc i I hel d on the 2nd day of July , 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 Gilroy, this 6th day of -6fk1( "",j 1: 8/t-,. ".:.: Xity Clerk of the City of Gilroy July , 19.]3.... 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