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HomeMy WebLinkAbout38.117 ORDIN~i~C~ 38.117 AN ORDINANCE OF THE CrrY OF SARATOGA ADDING ARTICLE X AND ARTICLE XI TO CHAPTER 9 OF THE SARATOGA CITY CODE PERTAINING TO REPAIR OF VEHICLES AND ABANDONED, WRECKED, DISMANTLED, OR INOPERATIVE VEHICLES The City Council of the City of Saratoga does hereby ordain as follows: Section h Section 10-30 of Chapter 10 of the Saratoga City Code is hereby repealed. Section 2: Article X is hereby added to Chapter 9 of the Saratoga City Code to read as follows: ARTICLE X REPAIR OF VEHICLES See. 9-210. Repairs of Vehicles~ etc., in Residential Districts. No person shall engage in the repair of any motor vehicle, trailer, camper unit or boat in any residential zoning district within the City of Saratoga except in accord with the following regulations: (1) The vehicle, trailer, camper unit or boat must be currently registered to a person resident at the site at which it is being repaired at the time it is being repaired, and (2) Except for emergency repairs performed within 48 hours from the time of breakdown, no such repairs shall be permitted on any public street, public trail, or other public right-of-way, and (3) Such repairs that are performed on private property within public view shall be completed within 120 consecutive hours from the time first reported to the City. There is no limit of time to perform repairs on private property when the repair activity, and the storage of all repair equipment, supplies, vehicles and parts, are completely screened from the public view, and (4) No such repairs ~hall be permitted if it creates a volume of noise in excess of the levels established in the Noise Control Ordinance of the Saratoga City Code presently appearing at Article V of Chapter 8. (5) No such repairs shah be permitted if it creates any smoke or noxious fumes or odors which are discernable to occupants of adjoining real property or to members of the general public using an adjoining public street or public right-of-way. Sec. 9-211. Same -- Penalties. Any person violating any of the provisions of this Article shall be guilty of an infraction. Each such person shall be guilty of a separate offense for each and every day, or portion thereof, during which any violation of this Article is 1/4/S4/N/TOPPEL -1- committed, continued or permitted by such person, and such person shall be punished accordingly. The violation of any part of this Article shall constitute a separate violation. Any person convicted of an infraction under this Section shall be punished for a first conviction by a fine of not more than One Hundred Dollars ($100.00), for a second conviction within a period of one year from the first conviction, by fine of not more than Two Hundred Dollars ($200.00), and for a third or subsequent conviction within a period of one year from the first conviction, by a fine of not more than Five Hundred Dollars ($500.00). The bail for each such violation of this Article shall be in the amount of the fine as set forth hereinabove, plus any penalty assessment which may be imposed by the Court. In addition to the penalties provided by this Section, any condition caused or permitted to exist in violation of any of the provisions of this Article shall be deemed a public nuisance and may be abated by the City in a civil action, and each day such condition continues shall be a new and separate offense. Section 3: Article XI is hereby added to Chapter 9 of the Saratoga City Code to read as follows: ARTICLE XI ABANDONED, WRECKED, DISMANTLED, OR INOPERATIVE VEHICLES See. 9-220. Findings and Determinations. · In addition to and in accordance with the determination made and the authority granted by the State pursuant to the provisions of Section 22660 of the Vehicle Code of the State to remove abandoned, wrecked, dismantled, or inoperative vehicles, or parts thereof, as public nuisances, the 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 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 parts thereof, on private or public property, not including highways, except as expressly permitted by the provisions of this Article, is hereby declared to constitute a public nuisance which may be abated as such in accordance with the provisions of this Article. See. 9-221. Definitions. For the purposes of this Article, unless otherwise apparent from the context, certain words and phrases used in this Article are defined as follows: (a) "Highway" shall mean a way or place of whatever nature, publicly maintained and open to the use of the public for the purposes of vehicular travel. "Highway" shall include street. (b) "Inoperative" shall mean a vehicle which is not capable of being operated, or permitted to be operated, on the public streets and highways of the State of California because of mechanical deficiencies or lack of current valid vehicle registration and/or license documents. -2- (c) "Owner of the land" shall mean the owner of the land on which the vehicle, or parts thereof, is located as shown on the last equalized assessment roll. (d) "Owner of the vehicle" shall mean the last registered owner and legal owner of record. (e) "Public property" shall not include "highway." (f) "Vehicle" shall mean 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. Sec. 9-222. Exceptions. The provisions of this Article shall not apply to: (a) A vehicle, or parts thereof, which is completely enclosed within a building in a lawful manner where the vehicle is not visible from the street or other public or private property; or (b) A vehicle, or parts 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. The provisions of this section shall not authorize the maintenance of a public or a private nuisance as defined under provisions of law other than Chapter 10 (commencing with Section 22650) of Division 11 of the Vehicle Code of the State and this Article. Sec. 9-223. Effect of Other Laws. The provisions of this Article shall not be the exclusive regulation of abandoned, wrecked, dismantled, or inoperative vehicles within the City. The provisions of this Article shall supplement and be in addition to the other regulatory Codes, statutes, and laws heretofore or hereafter enacted by the City, the State, or any other legal entity or agency having jurisdiction. See. 9-224. Administration and Enforcement. Except as otherwise provided in this Article, the provisions of this Article shall be administered and enforced by the City Clerk or one or more of his duly authorized deputies. In the enforcement of the provisions of this Article, the City Clerk and his deputies may enter upon private or public property to examine a vehicle, or parts thereof, or to obtain information as to the identity of a vehicle and to cause the removal of a vehicle, or parts thereof, declared to be a nuisance pursuant to the provisions of this Article. See. 9-225. Right of Entry of Certain Persons. When the Council has contracted with, or granted a franchise to, any person, such person shall be authorized to enter upon private or public property to remove, or cause the removal of, a vehicle, or parts thereof, declared to be a nuisance pursuant to the provisions of this Article. See. 9-226. Administrative Costs. The Council shall from time to time determine and fix an amount to be assessed as administrative costs, excluding the actual cost of the removal of any vehicle, or parts thereof, for the purposes of administering the provisions of this Article. -3- Sec. 9-227. Abatement and Removal: Authority. Upon discovering the existence of an abandoned, wrecked, dismantled, or inoperative vehicle, or parts thereof, on private or public property within the City, the City Clerk shall have the authority to cause the abatement and removal thereof in accordance with the procedure set forth in this Article. Sec. 9-228. Abatement and Removal: Notices of Intention. A ten (10) day notice of intention to abate and remove a 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. Such 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 the owner of the land) As owner shown on the last equalized assessment roll of the land located at , you are hereby notified that the undersigned, pursuant to the provisions of Article XI of Chapter 9 of the Saratoga 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 pursuant to the provisions of Article XI of Chapter 9 of the Saratoga City Code. You are hereby notified to abate said nuisance by the removal of said vehicle (or said parts of a vehicle) within ten (10) days after the date of the mailing of this notice, and, upon your failure to do so, the same will be abated and removed by the City of Saratoga and the costs thereof, together with administrative costs, shall be 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 ten (10) days after the mailing of this notice of intention, request a public hearing, and, if such a request is not received by the City Clerk of the City of Saratoga within such ten (10) day period, the City Clerk of the City of Saratoga 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 ten (10) day period denying responsibility 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 -4- request for a 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 aforesaid in time for consideration at such hearing. Notice mailed (date) City Clerk, City of Saratoga 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 the last registered and/or legal owner of record of the vehicle; notice should be given to both if different) As last registered (and/or legal) owner of record of the following described vehicle (make, model and license number), you are hereby notified that the undersigned, pursuant to the provisions of Article XI of Chapter 9 of the Saratoga City Code, has determined that said vehicle (or parts of a vehicle) exists as an abandoned, wrecked, dismantled, or inoperative vehicle at (address of the property on which the vehicle is located) and constitutes a public nuisance pursuant to the provisions of Article XI of Chapter 9 of the Saratoga City Code. You are hereby notified to abate said nuisance by the removal of said vehicle (or said parts of a vehicle) within ten (10) days from the date of the 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 ten (10) days after the mailing of this notice of intention, request a public hearing, and, if such a request is not received by the City Clerk of the City of Saratoga within such ten (10) day period, the City Clerk of the City of Saratoga shall have the authority to abate and remove said vehicle (or said parts of a vehicle) without a hearing. Notice mailed (date) City Clerk of the City of Saratoga -5- Sec. 9-229. Abatement and Removal: Notices of Intention: Requested Hearings: Notices. Upon a request by the owner of the vehicle or the owner of the land received by the City Clerk within ten (10) days after the mailing of the notices of intention to abate and remove, a public hearing shall be held by the Council on the question of the 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 costs of the removal of the vehicle, or parts thereof, against the property on which the vehicle, or parts thereof, is located. If the owner of the land submits a sworn written statement denying responsibility for the presence of the vehicle on his land within such ten (10) day period, such 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 ten (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 a hearing is not received witin ten (10) days after the mailing of the notice of intention 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. Sec. 9-230. Abatement and Removal: Notices of Intention: Requested Hearings: Determinations. All hearings requested by the owners of the vehicles or the owners of the land, as set forth in Sections 9-228 and 9-229 of this Article, shall be held before the Council which shall hear all facts and testimony it deems pertinent. Such facts and testimony may include testimony on the condition of the vehicle, or parts thereof, and the circumstances concerning its location on private or public property. The 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 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 Council may impose such conditions and take such other action as it deems appropriate under the circumstances to carry out the purposes of this Article. The Council may delay the time for the removal of the vehicle, or parts thereof, if, in its opinion, the circumstances so justify. At the conclusion of the public hearing, the Council may find that a vehicle, or parts thereof, has been abandoned, wrecked, dismantled, or is inoperative on private or public property, order the same removed from the property as a public nuisance and disposed of as provided in this Article, and determine the administrative costs and the costs 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 consented to the presence of the vehicle on his land, the Council shall not assess the 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 owner of the land. If the owner of the land submits a sworn written statement 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 Council but does not appear, such -6- owner of the land or interested person shall be notified in writing of the decision. The decision of the Council shall be final. See. 9-231. Removal. Five [~'days after the adoption of the order declaring the vehicle, or parts thereof, to be a public nuisance, or five (5) days after the date of the mailing of the notice of the decision, if such a notice is required by the provisions of Section 9- 230 of this Article, the vehicle, 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, unless it is a vehicle which qualifies for either horseless carriage license plates or historical vehicle license plates pursuant to California Vehicle Code Section 5004. Sec. 9-232. Removal:' ~otices. Within fii~e '(5) days after the date of the removal of the vehicle, or parts thereof, notice shall be gfven to the Department of Motor Vehicles of the State identifying the vehicle, or parts thereof, removed. At the same time there shall be transmitted to the Department of Motor Vehicles of the State any evidence of registration available, including registration certificates, certificates of title, and license plates. Sec. 9-233. Assessments of Costs. If the administrative costs and the costs of removal which are charged against the owner of a parcel of land pursuant to the provisions of Section 9- 230of this Article are not paid within thirty (30) days after the date of the order, such costs shall be assessed against the parcel of land pursuant to the provisions of Section 38773.5 of the Government Code of the State and shall be transmitted to the Tax Collector for collection. Such assessment shall have the same priority as other City taxes. Section 2: If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council of the City of Saratoga hereby declares that it would have passed this Ordinance and each section, subsection, sentence, clause and phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be held invalid or unconstitutional. Section 3: This Ordinance shall take effect and be in full force and effect thirty (30) days from and after the date of its passage and adoption. The above and foregoing Ordinance was regularly introduced and after the waiting time required by law, was thereafter passed and adopted this 18th day of .T~,]ary , 1984, by the following vote: AYES: Councilmembers Callon, Clevenger, Fanelli, Mallory, and MayOr Moyles I~~ ABSENT: None ATTEST: Cop), r · lerk~ - Oat'(