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2631ORDINANCE NO. 2631 AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 6, OF THE ANAHEIM MUNICIPAL CODE BY ADDING CHAPTER 6.80 THERETO, RELATING TO REMOVAL OF ABANDONED, WRECKED, DISMANTLED OR INOPERATIVE VEHICLES OR PARTS THEREOF FROM PRIVATE PROPERTY OR PUBLIC PROPERTY, NOT INCLUDING HIGHWAYS, AND RECOVERY OF COSTS OF ADMINISTRATION THEREOF AS AUTHORIZED BY SECTION 22660 OF THE CALIFORNIA VEHICLE CODE. THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES ORDAIN AS FOLLOWS: SECTION 1. That Title 6 of the Anaheim Municipal Code be and the same is hereby amended by adding thereto Chapter 6.70, reading as follows: "CHAPTER 6.80 ABANDONED, WRECKED, DISMANTLED OR INOPERATIVE VEHICLES. "SECTION 6.80.010 PURPOSES. "The City Council does find and determine that the accumu- lation 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 in- jurious to the health, safety and general welfare. There- fore, the presence of an abandoned, wrecked, dismantled or inoperative vehicle or part thereof, on private or public property not including highways, except as expressly here- inafter permitted, is hereby declared to constitute a public nuisance which may be abated as such in accordance with the provisions of this Ordinance. "The above determination is in addition to and in accordance with the authority granted by the State of California under Section 22660 of the Vehicle Code to remove abandoned, wrecked, dismantled or inoperative vehicles, or parts thereof as public nuisances. "SECTION 6.80.020 DEFIdITIONS. (a) Vehicle. As used in this Chapter, shall mean a device by which any person or property may be pro- pelled, moved, or drawn upon a highway, except a device moved by human power or used exclusively upon stationary rails or tracks. (b) Highway. As used in this Chapter, shall mean a way or place of whatever nature, publicly maintained and open to the use of the public for purposes of vehicular travel. Highway includes street. -1- (c) Public Property. As used in this Chapter, the term 'public property' does not include 'highway'. (d) Chief of Police. As used in this Chapter shall mean the Chief of Police of the City of Anaheim or his deputies or authorized representatives. "SECTION 6.80.030 EXCLUSIONS. (a) This Ordinance shall not apply to a vehicle or part thereof which is: (1) Completely enclosed within a building, in a lawful manner where it is not visible from the street or other public or private property; (2) Enclosed within a solid fence six (6) feet in height and is not plainly visible from the street or other public or private property; (3) Enclosed by any other lawful means of screening and is not plainly visible from the street or other public or private property. (b) This Ordinance shall not apply to a vehicle or part 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, a junk dealer, or when such storage or parking is neces- sary to the operation of a lawfully conducted business or commercial enterprise. (c) Nothing in this section shall authorize the raainten- ance of a public or private nuisance as defined under provisions of law other than Chapter 10 (com- mencing with Section 22650) of Division 11 of the Vehicle Code and this ordinance. "SECTION 6.80.040 REGULATION NOT EXCLUSIVE. "This Ordinance is not the exclusive regulation of abandoned, wrecked, dismantled or inoperative vehicles within the City of Anaheim. It shall supplement and be in addition to the other regulatory codes, statutes and ordinances heretofore or hereafter enacted by the City of Anaheim, the State or any other legal entity or agency having jurisdiction. "SECTION 6.80.050 ADMINISTRATION AND ENFORCEN dT. "Except as otherwise provided herein, the provisions of this Ordinance shall be administered and enforced by the Chief of Police. In the enforcement of this Ordinance, such officers and their deputies 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 vesicle or part thereof declared to be a nuisance pursuant to this Ordinance. -2- "SECTION 6.80.060 REMOVAL OF VEHICLE OR PARTS BY AUTHORIZED PERSONS. "When the City Council has contracted with or granted a franchise to any person or persons, such person or persons 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 this Ordinance. "SECTION 6.80.070 ADNIINISTRAITIVE COSTS - ASSESSMEINT . "The City Council shall from time to time determine and fix an amount to be assessed as administrative costs (excluding the actual cost of removal of any vehicle or part thereof) under this ordinance. "SECTIOv 6.80.080 ABATEMENT OF NUISANCE - NOTICE TO ABATE. (a) It is hereby made the duty of any owner, lessee or occupant of any grounds or lots or any real property within the corporate limits of the City of Anaheim to keep such grounds or lots or any real property free from abandoned, wrecked, dismantled or inopera- tive vehicles or parts thereof. (b) If any owner, lessee or occupant of such grounds or lots or any real property shall fail to remove and keep such premises free from abandoned, wrecked, dis- mantled or inoperative vehicles or parts thereof, the City Council of the City of Anaheim may authorize the Chief of Police to give notice to said owner, lessee or occupant of such premises to abate the nuisance and to remove said abandoned, wrecked, dismantled or inoperative vehicles or parts thereof within a period not to exceed ten (10) days. (c) When the City Council shall authorize the Chief of Police to give the notice referred to in (b) of this Section, it shall be the duty of the Chief of Police or his deputy to give such Notice to Abate Nuisance in writing, which notice shall contain a description of the vehicle or vehicles or parts thereof to be removed; and which notice shall be served upon the owner of said premises as shown on the last equalized County assess- ment roll and/or upon the lessee or occupant of said premises; which notice shall be served by depositing said notice, postage paid, in the United States Post Office in the City of Anaheim, directed to said owner, lessee or occupant. If the owner is not known, or resides outside the State of California, said notice shall be given by posting a copy thereof conspicuously on the vehicle or vehicles or parts thereof to be re- moved, for ten (10) days, which service of notice shall be deemed to be completed ten (10) days after posting. Such notice shall specify that if the vehicle or vehicles or parts thereof are not removed within a period of ten (10) days after said notice that a public hearing shall be held on the question of abate- ment and removal of the vehicle or parts thereof 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. -3- "SECTION 6.80.090 PUBLIC HEARING AND NOTICES REQUIRED. "If the owner, lessee or occupant of such premises does not abate the nuisance and remove the vehicle or parts thereof within ten (10) days after notice mentioned in Section 6.80.080 of this Chapter, a public hearing shall be held on the question of abatement and removal of the vehicle or parts thereof as an abandoned, wrecked, dismantled or in- operative vehicle and the assessment of the administrative costs and the cost of removal of the vehicle or part thereof against the property on which it is located. Notice of hearing shall be mailed at least ten (10) days before the hearing by certified mail, with a five (5) day return re- quested, to the owner of the land as shown on the last equalized County assessment roll and to the last regis- tered and legal owner of record unless the vehicle is in such condition that identification numbers are not avail- able to determine ownership. If any of the foregoing notices are returned undelivered by the United States Post Office, the hearing shall be continued to a date not less than ten (10) days from the date of such return. The failure to receive the mailed notices required herein shall not affect in any manner the validity of any abatement pro- ceeding hereunder providing a notice of the proceeding has been posted on the vehicle or parts thereof sought to be removed, at least ten (10) days before the hearing. "SECTION 6.80.100 NOTICE OF HEARING TO CALIFORNIA HIGHWAY PATROL. "Notice of hearing shall also be given to the California Highway Patrol identifying the vehicle or part thereof pro- posed for removal, such notice to be mailed at least ten (10) days prior to the public hearing by the Chief of Police or his Deputy. "SECTIOy 6.80.110 PUBLIC HEARINGS - POIVERS OF HEARING OFFICERS. "All hearings under this ordinance shall be held before the Chief of Police or his deputy who shall hear all facts and testimony he deems pertinent. Said facts and testimony may include testimony on the condition of the vehicle or part thereof and the circumstances concerning its location on the said private property or public property. The hearing officer 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 written statement in time for consideration, and deny re- sponsibility for the presence of the vehicle on the land, with his reasons for such denial. "The hearing officer may impose such conditions and take such other action as he deems appropriate under the circum- stances to carry out the purpose of this Ordinance. He may delay the time for removal of the vehicle or part thereof if, in his opinion, the circumstances justify it. At the conclusion of the public hearing, the hearing officer may find that a vehicle or part thereof has been abandoned, wrecked, dis-Mantled, or is inoperative on private or public property and order the same removed from the property as a public nuisance and disposed of as hereinafter provided -4- and determine the administrative costs and the cost of removal to be charged against the owner of the parcel of land on which the vehicle or part thereof is located. The order requiring removal shall include a description of the vehicle or part thereof and the correct identification number and license number of the vehicle, if availabe at the site. "If it shall be proved by the landowner by a preponderance of the evidence affirmatively shown at the hearing that the vehicle was placed on the land without the consent of the land owner and that he has not subsequently acquiesced in its presence, the hearing officer shall not assess 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 land owner. "Said costs will be assessed against and billed to the last registered and legal owner of the vehicle if it is determined that the last registered and legal owner was responsibile for or acquiesced in the presence of the vehicle or part thereof on the said private or public property. "If an interested party makes a written presentation to the hearing officer, but does not appear, he shall be notified in writing of the decision. "SECTION 6.80.120 APPEALS. "Any interested party may appeal the decision of the hear- ing officer by filing a written notice of appeal with the said hearing officer within five days after his decision. "Such appeal shall be heard by the City Council which may affirm, amend or reverse the order or take other action deemed appropriate. "The City Clerk shall give written notice of the time and place of the hearing to the appellant and those persons specified in Section 6.80.090. "In conducting the hearing the City Council shall not be limited by the technical rules of evidence. "SECTION 6.80.130 REMOVAL OF VEHICLE. "Ten (10) days from the date of mailing of notice mentioned in Section 6.80.120 of this Chapter, 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. "SECTION 6.80.140 NOTICE TO DEPARTMENT OF MOTOR VEHICLES. "Within five (5) days after the date of removal of the vehicle or part thereof, notice shall be given to the California Department of Motor Vehicles identifying the vehicle or part thereof removed. At the same time there shall be transmitted to the California Department of Motor Vehicles any evidence of registration available, including registration certificates, certificates of title and license plates. -5- "SECTION 6.80.150 ADMINISTRATIVE AND REMOVAL COST - ASSESSMENT OF CHARGES. "If the administrative costs and the cost of removal which are charged against the owner of a parcel of land pursuant to Section 6.80.110 of this Chapter are not paid within thirty (30) days of the date of the order, or the final disposition of an appeal therefrom, such costs shall be assessed against the parcel of land pursuant to Section 38773.5 of the Government Code and shall be transmitted to the tax collector for collection. Said assessment shall have the same priority as other taxes. "If the administrative costs and cost of removal of the vehicle are to be charged against the last registered and legal owner of the vehicle pursuant to Section 6.80.110 of this Chapter, a bill covering said charges will be sent to the last registered and legal owner of the vehicle by the City Collections Division. If the bill is not paid within thirty (30) days from the date mailed, it shall be transmitted to the City Attorney for necessary legal action. "SECTION 6.80.160 ABANDONINIENT OF WRECKED, DISI'IANTLED OR INOPERATIVE VEHICLES PROHIBITED. "It is unlawful and a misdemeanor for any person to abandon, park, store, or leave or permit the abandonment, parking storing or leaving of any licensed or unlicensed vehicle or part thereof which is in an abandoned, wrecked, dis- mantled or inoperative condition upon any private property or public property not including highways within the City for a period in excess of ten (10) days unless such vehicle or part thereof is: (1) completely enclosed within a building in a lawful manner where it is not visible from the street or other public or private property; (2) enclosed within a solid fence six (6) feet in height and is not plainly visible from the street or other public or private property; (3) enclosed by any other lawful means of screening and is not plainly visible from the street or other public or private property. "SECTION 6.80.170 MISDEMEANOR "It is unlawful and a misdemeanor for any person to fail or refuse to remove an abandoned, wrecked, dismantled or inoperative vehicle or part thereof or refuse to abate such nuisance when ordered to do so in accordance with the abatement provision of this Ordinance or State law where such State law is applicable. "SECTION 6.80.180 SEVERABILITY. "The City Council of the City of Anaheim hereby declares that should any section, paragraph, sentence or word of this Chapter or the application thereof to any person or circumstances be held invalid, such invalidity shall not affect other provisions or applications of the Chapter which can be given effect without the invalid provision or application, and to this end the provisions are declared severable. -6- SECTION 2. The City Clerk shall certify to the passage of this Ordinance and shall cause the same to be printed once within fifteen (15) days after its adoption, in the Anaheim Bulletin, a newspaper of general circulation, printed, published and circulated in said City, and thirty (30) days from and after its final passage it shall take effect and be in full force. THE FOREGOING ORDItiANCE is approved and signed by me this 21st day of January 19 69 MAYOR -OP -THE CITY OF 4WASEII ATTEST: I, DEME M. WILLWMS, CITY -LERK OFTHE C+TY CSF, -N H;�.t� DO H RESY C_FtN Y Ti -!,,,T THE FOREG.'in E I:� THE Oir ,G , -t_ !:5 , ' I'J'v. 2631 _ _.. ;-1 is WAS CITT CLERK OF THE CITY OF ANAHEIM PUBS! —El' STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF ANAHEIM ) APaheaM- Bulletin 31st D. -,Y oF January 1969 . SS. CITY CLERK I, DE14E M. WILLIAMS, City Clerk of the City of Anaheim, do hereby certify that the foregoing Ordinance was introduced at a regular meeting of the City Council of the City of i Anahem, he–IU on the 14th day of January , 19 69 , and that the same was passed and adopted at a regular meeting of said City Council held on the 21st day of Janualy 19 69 , by the following vote of the members thereo AYES: COUNCILMEN: Dutton, Krein, Schutte, Clark and Pebley NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None AND I FURTHER CERTIFY Anaheim approved and signed said J nua , 19 69. that the Mayor of the City of Ordinance on the 21st day of IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 21st day of January • 19-6.4• (SEAL) -7- CIT CLE :: OF IE CITY OF ANAHEIM