HomeMy WebLinkAbout217ORDINANCE NO. 217
AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF IRWINDALE AMENDING THE
IRWINDALE MUNICIPAL CODE RELATING TO
PUBLIC NUISANCES.
322
`/ /) S
THE CITY COUNCIL OF THE CITY OF IRWINDALE DOES ORDAIN AS
FOLLOWS:
SECTION 1. That Section 4550 of the Irwindale Municipal
Code is hereby amended by deleting the last three (3) words
therein, to wit: "supplies and vehicles", and substituting
therefor, the following: "or supplies".
SECTION 2. That Chapter 5.2 is hereby added to Article
IV of the Irwindale Municipal Code, consisting of Sections
4575 through 4582, inclusive, to read, as follows:
"CHAPTER 5.2 - Public Nuisance - Vehicles"
"4575. PUBLIC NUISANCE. MOTOR VEHICLES.
The provisions of this Chppter shall govern
the abatement and removal of motor vehicles,
or parts thereof, which are abandoned, wrecked,
dismantled or inoperative. 'Motor Vehicle'
as used in this Chapter shall be defined as set
forth in Section 670 of the Vehicle Code of the
State of California."
"4576. DECLARATION OF NUISANCE. Any
motor vehicle which is abandoned, wrecked,
dismantled or inoperative, or any part thereof,
located on any private property, or public
property, excluding highways, in the City is
hereby declared to be a public nuisance.
(a) ABATEMENT. Where such motor vehicle
is found to constitute a public nuisance, by
reason of its condition and location, as
hereinafter provided, said nuisance shall be
abated and the motor vehicle, and all parts
thereof, shall be removed and disposed of as
provided in this Chapter.
(b) DECLARATION. Whenever the City
Manager finds that any motor vehicle is being
maintained contrary to the provisions of this
Chapter, the City Council shall, by resolution,
declare its intent to conduct a public hearing
to ascertain whether the same constitutes a
public nuisance, the abatement of which is
appropriate under the provisions of this
Chapter. Said resolution shall describe the
vehicle involved, and the property wherein
the same is located, including, but not limited
to, the correct identification number and
license number thereof."
3N Ordinance No. 217
"4577. PUBLIC HEARING.
, (a) Notice of Hearing. Notice of the
hearing, to determine whether a vehicle, or
part thereof, constitutes a public nuisance,
shall be given as follows:
1) By posting a copy of the
Council's resolution which shall
specify the time and place of such
hearing, conspicuously on the
property whereon the motor vehicle
is located; and
2) Copies of said resolution
shall be served on the owner of the
land whereon the vehicle is located,
whose name appears, as such, on the
last equalized assessment roll; and
the vehicle owner as shown on the
last registration of the vehicle,
unless the vehicle is in such
condition that identification numbers
are not available to determine owner-
ship. Such notice shall be given by
United States mail, certified, or
registered, with a five-day return
requested and postage thereon prepaid.
If such mailed notice is returned
undelivered, the hearing shall be
continued to a date not less than ten
(10) days from the date of such return;
and
3) Notice shall also be given to
the California Highway Patrol of.such
hearing, which notice shall identify
the vehicle and/or part thereof
proposed for removal; such notice
shall be given at least ten (10) days
prior to the date set for public
hearing.
The failure of any person to receive the notices
required hereunder shall not affect the validity
of any proceedings taken pursuant to this Chapter.
(b) Conduct of Hearing. The hearing before
the City Council, held pursuant to this Chapter,
shall be conducted in accordance with the
provisions of Section 4556 hereof; provided
that 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, denying respon-
sibility for the presence of the vehicle on
the land, together with his reasons for such
denial. If the Council determines that the
vehicle was placed upon the land without the
Ordinance No. 217
consent of the landowner, and that the
landowner has not subsequently acquiesced
in its presence, the cost of abatement
thereof, shall not be levied against such
property owner.
(c) Notice of Declaration of Public
Nuisance. At the conclusion of the hearing
if the Council determines that a public
nuisance exists, it shall adopt a resolution
declaring such motor vehicle to be a public
nuisance, which shall be served in the same
manner as described above.
(d) Abatement of Public Nuisance.
After a final determination that a motor
vehicle, or parts thereof, constitutes a
public nuisance within the meaning of this
Chapter the owner of the motor vehicle,
and/or the owner of the property whereon the
same is located, shall abate the said public
nuisance by removing the same in -the time
set forth in the resolution relating thereto.
If such person or persons fail to abate such
public nuisance, the City Council shall
direct the same to be abted by City Forces
or private contract in the time and manner
permitted by Section 22660 of the Vehicle
Code of the State of California".
"4578 ABATEMENT BY CITY. Where the
abatement of a public nuisance pursuant to
this Chapter is accomplished by the City
Forces, the provisions of Sections 4558,
4559 and 4560 hereof, shall be applicable
to such proceedings."
"4579. ADMINISTRATION. The provisions
of this Chapter shall be administered by,
the City Manager of the City.".
"4580. EVIDENCE OF REGISTRATION. The
City Manager shall cause to be forwarded to
the Department of Motor Vehicles of the State
of California, any evidence of registration
available, including registration certificates,
certificates of title and license plates, on
any vehicle which is declared to be a public
nuisance pursuant to this Chapter. Said
City Manager shall also give notice to said
Department, within five (5) days after the
removal of any motor vehicle or part thereof,
which notice shall identify the vehicle or
part thereof removed from the premises where
located."
325
326 Ordinance No. 217
"4581. DISPOSAL OF VEHICLES. Motor
vehicles or parts thereof, declared to be a
public nuisance pursuant to this Chapter, shall
disposed of in the manner provided by Section
22660 of the Vehicle Code of the State of
California; provided that, after a motor vehicle
has been declardd to a public nuisance, and has
been removed from the premises where located,
the same shall not be reconstructed or otherwise
made operable."
"4582. EXCEPTION. This Chapter shall not
apply:
(a) to a vehicle or part thereof which is
completely enclosed within a building in a
lawful manner, where the same is not visible
from the street or other public or private
property; and/or
(b) to a vehicle or part thereof which is
stored or parked in a lawful manner on private
property in conjunction with the business of a
licensed dismantler, licensed vehicle dealer or
a junk yard; provided, however, that this latter
exception shall not authorize the maintenance of
any premises contrary to the provisions of Section
4550 hereof."
SECTION 3. That the City Clerk shall certify to the
adoption of this Ordinance and shall cause the same to be
posted in the manner prescribed by law.
PASSED AND APPROVED this 19th day of March, 1968.
�4,
M yor, Mike Miranda
ATTEST: �✓ %3L2G
ity Clerk
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.
CITY OF IRWINDALE )
I. Margaret S. Barbosa, City Clerk of the City of Irwindale
do hereby certify that the foregoing Ordinance No. 216 was
regularly introduced, adopted and passed at a regular meeting
of the City Council on the 19'th'dgy of March, 1968 by the
following vote:
AYES: COUNCILMEN: Breceda, Diaz, Pat Miranda, Barbosa
and Mayor Mike Miranda.
NOES: COUNCILMEN: None.
ABSENT: COUNCILMEN: None.
�_A • ��'
Mar et S. Barbosa, City Clerk
Ordinance No. 217
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES)ss.
CITY OF IRWINDALE )
I. Margaret S. Barbosa, being first duly sworn, deposes
and says:
That she is the duly appointed and City Clerk of the City
of Irwindale, California, and is and was at all times herein
mentioned a citizen of the United States over the age of
eighteen years and competent to be witness herein.
On March 26, 1968, she securely and conspicuously posted
at each of the three designated public places in said City.
Dated: March 26, 1968.
�o�
Marga t S. Barbosa, City Clerk
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