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O 635 ORDINANCE NO. 635 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE AMENDING CHAPTER 10.20 OF TITLE 10 OF THE ARROYO GRANDE MUNICIPAL CODE RELATING TO ABANDONED, WRECKED, DISMANTLED AND INOPERATIVE VEHICLES WHEREAS, Chapter 10.20 of the Arroyo Grande Municipal Code contains procedures relating to the removal of abandoned, wrecked, dismantled and inoperative vehicles pursuant to the authority granted by the California Vehicle Code; and WHEREAS, based upon the recommendation of the Police Department and the City Attorney, the City Council has determined it is appropriate to amend Chapter 10.20 to update the provisions in the Municipal Code. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE, CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION 1. Sections 10.20.050, 10.20.090, 10.20.100, 10.20.110, and 10.120 of Chapter 10.20 of Title 10 of the Arroyo Grande Municipal Code are hereby amended in their entirety to read as follows: "10.20.050 - Administration and enforcement. Except as otherwise provided in this chapter, the provisions of this chapter shall be administered and enforced by the chief of police. In the enforcement of the provisions of this chapter, such officer and his or her deputies when any necessary inspection and /or abatement warrants or court order have been obtained, may enter upon private or public property to examine a vehicle, or parts thereof, or obtain information as to the identity of a vehicle, and to remove, or cause the removal of, a vehicle, or parts thereof, declared to be a nuisance pursuant to the provisions of this chapter." "10.20.090 - Notices of intention to abate and remove. 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 or certified 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 the 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 Arroyo Grande Municipal Code Section 10.20.080, has determined that there exists upon said land ORDINANCE NO. 635 PAGE 2 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 Arroyo Grande Municipal Code, Title 10, Chapter 20. 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 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, will 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 Arroyo Grande City Manager within such ten (10) day period, the Arroyo Grande 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 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 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 aforesaid in time for consideration at such hearing. Notice mailed (date) s/ Chief of Police, Arroyo Grande 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 Municipal Code Section 10.20.080, 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 Arroyo Grande Municipal Code, Title 10, Chapter 20. 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 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 Manager of the City of Arroyo Grande within such ten (10) day period, the Arroyo Grande 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) s/ Chief of Police, Arroyo Grande" ORDINANCE NO. 635 PAGE 3 "10.20.100 - Hearings— Notices. Upon a request by the owner of the vehicle or owner of the land received by the chief of police within ten (10) days after the mailing of the notices of intention to abate and remove, a public hearing shall be held by the City Manager or his or her designee 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 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 or certified 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 within ten (10) days after 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." "10.20.110 - Hearings — Determinations. All hearings held pursuant to the provisions of this chapter shall be held before the City Manager or his or her designee who shall hear all facts and testimony he or she deems pertinent. Such facts and testimony may include testimony on the condition of the vehicle, or parts thereof, and the circumstances conceming its location on private or public property. The City Manager or his or her designee 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 sworn written statement in time for consideration at the hearing, and deny responsibility for the presence of the vehicle on the land, with his or her reasons for such denial. The City Manager or his or her designee may impose such conditions and take such other action as he or she deems appropriate under the circumstances to carry out the provisions of this chapter. He or she may delay the time for removal of the vehicle, or parts thereof, if, in his or her opinion, the circumstances so justify. At the conclusion of the public hearing, the City Manager or his or her designee may find that a vehicle, or parts 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 provided in this chapter, and determine the administrative costs and the 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. ORDINANCE NO. 635 PAGE 4 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 or she has not subsequently acquiesced in its presence, the City Manager or his or her designee 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 but does not appear, such person shall be notified in writing of the decision. " "10.20.120 — Decision, Abatement and Removal. (a) The decision of the City Manager or his or her designee is final and there is no appeal therefrom. (b) The City shall obtain inspection and /or abatement warrants or court orders where required by law to effectuate inspection, abatement or removal of a vehicle from private property. (b) Five days after the adoption of the order declaring the vehicle, or parts thereof, to be a public nuisance, or five days after the date of mailing of notice of the decision, if such notice is required by the provisions of Section 10.20.110 of this chapter, the vehicle, or parts thereof, may be disposed of by removal to a scrapyard or automobile dismantler's yard. (d) 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 Section 5004 of the Vehicle Code of the State, in which case the vehicle may be reconstructed or made operable" SECTION 2. If any section, subsection, subdivision, paragraph, sentence, or clause of this Ordinance or any part thereof is for any reason held to be unlawful, such decision shall not affect the validity of the remaining portion of this Ordinance or any part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, or clause thereof, irrespective of the fact that any one or more section, subsection, subdivision, paragraph, sentence, or clause be declared unconstitutional. SECTION 3. A summary of this Ordinance shall be published in a newspaper published and circulated in the City of Arroyo Grande at least five (5) days prior to the City Council meeting at which the proposed Ordinance is to be adopted. A certified copy of the full text of the proposed Ordinance shall be posted in the office of the City Clerk. Within fifteen (15) days after adoption of the Ordinance, the summary with the names of those City Council Members voting for and against the Ordinance shall be published again, and the City Clerk shall post a certified copy of the full text of such adopted Ordinance. SECTION 4. This Ordinance shall take effect thirty (30) days after its adoption. ORDINANCE NO. 635 PAGE 5 On motion of Council Member Guthrie, seconded by Council Member Brown, and on the following roll call vote, to wit: AYES: Council Members Guthrie, Brown, Costello, Ray, and Mayor Ferrara NOES: None ABSENT: None the foregoing Ordinance was passed and adopted this 23 day of August 2011. ORDINANCE NO. 635 PAGE 6 TONY FER - ;v OR ATTEST: �i _ KELLY M(37 , CITY CLERK APPROVED AS TO CONTENT: STEVEN ADAMS, CITY MANAGER APPROVED AS TO FORM: TIM HY J. C L, CITY ATTORNEY OFFICIAL CERTIFICATION I, KELLY WETMORE, City Clerk of the City of Arroyo Grande, County of San Luis Obispo, State of California, do hereby certify under penalty of perjury, that the attached is a true, full, and correct copy of Ordinance No. 635 which was introduced at a regular meeting of the City Council on August 9, 2011; was passed and adopted at a regular meeting of the City Council /Redevelopment Agency of the City of Arroyo Grande on the 23` day of August 2011; and was duly published in accordance with State law (G.C. 40806). WITNESS my hand and the Seal of the City of Arroyo Grande affixed this 24 day of August 2011. l,(.igl/0a — KELLY ETM} RE, CITY CLERK