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HomeMy WebLinkAbout71.169 ORDINANCE NO7 1 - 16 9 ORDINANCE AMENDING ARTICLE 9-55 OF TITLE IX OF THE CODE OF THE CITY OF SARATOGA ELATING TO ABANDONED, WRECKED, DISMANII.Ei~ OR INOPERATIVE VEHICLES The City Council of the City of Saratoga hereby Ordains as follows: Section 1. Article 9-55 of Title IX of the Code of the City of Saratoga is hereby mended to read as follows: "9-55.060 Administrative Costs. The City Council shall from time to time establish by resolution an mount to be assessed as administrative costs, excluding the actual cost of the removal of any vehicle, or parts thereof, for the purpose of administering the provisions of this Article. 9-55.090 Request for hearing; notice. (a) ff a request for hearing is made by the owner of the vehicle or the owner of the land wig ten days after the mailing of the notices of intentio~....~....~...a..,~,.~...,d,..f~,,V...~...,a,...~?,~g ~,,.~..,..be held by the Civi ggg on the quition oe 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 vide, or parts thereof, against the property on which the vehicle, or parts thereof, is located. 9-55-100 Action by '~:'-- Cc,-anc~ i~iig~ (a) All hearings requested by the owners of the vehicles or the owners of the land, as set forth in Sections 9-55.080 and 9-55.0907shall be held 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 Cor.~cll ~ii!shall not be limited by the technical rules of evidence. The owner of the land may appear in person at the hearing, Or p~esent a swom written statement in time for consideration at the hearing, and deny responsibility for the presence of the vehide on the land, with his reasons for such denial. finpose such conditions and take such other action as it deems appropriate under the drcumstances to carry out the purposes of the '~' ~/~i~may delay _:~= ABide. The Co;at, all the time for the removal of the vehicle, or parts thereof, if, in its opinion, the circumstances so justify. At conclusion of the hearing, the may find that a vehicle, or parts thereof, has been abandoned, wrecked, dismanfied, 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 the Article, and determine the administrative costs and the costs of removal to be charged against the owner of the land. The order requiting removal shall include a description of the vehicle, Or parts thereof, and the correct identification number and license number of the vehicle, if available. (c) If it is determined at the heating that the vehicle was placed on the land without the consent of the owner of the land and that he was not-subsequently consented to the presence of the vehicle on his land, gg[g gg g not as es the costs of administration or removal of the yeNde against the property upon which the vehide is located or othen~ise attempt to collect such costs from such owner of the land. 9-5 5.1 O0 (d) If the owner of the land submits a sworn written statement denying responsibility for the presence of the vehide on his land but does not appear at the hearing, such owner shall be notified in writing of the derision. The derision of the City Co'an-:d ~ g~g~g}~f:'shall be final." This Ordinance shal/be in full force and' effect thirty (30) days after its pass. age and adoption. The above and foregoing Ordinance was regularly introduced and after the waiting time required by law, was thereafter passed and adopted at a regular meeting of the City Councll of Saratoga held on the 4th dayof ~une , 1997, bythe following vote. A~/ES: Councilmember Bogosian, Jacobs, Shaw, Wolfe, and Mayor MIDran NOES: None ABSENT: None ATFEST: MSRzapn Febraary 25, 1997 J:\WPDXMNlLSWX273\ORD.96xABANDONE~Vd3 The above and foregoing is a true and correct copy of 0 dina ~ce -7,E/{aL which has been publisi~ed accordillg to law. , ' 7/"