HomeMy WebLinkAboutORD 828ORD 828 ̤<žj h£ŸjH Ò × ORDINANCE N0.828
AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF BALDWIN PARK, AMENDING
CERTAIN SECTIONS 7651 b), 7652 a)
b) AND d), 7654, 7656, and 7658,
CHAPTER 8, PART B OF THE BALDWIN PARK
MUNICIPAL CODE, RELATING TO ABANDONED,
WRECKED, DISMANTLED OR INOPERATIVE
VEHICLES
THE CITY COUNCIL OF THE CITY OF BALDWIN PARK DOES ORDAIN AS FOLLOWS:
SECTION 1. That Sections 7651 b) 7652 a) b) and d) 7654, 7656 and 7658,
Chapter 8, Part B, Article VII of the Baldwin Park Mm-iicipal
Code be amended to read as follows:
7651. 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.
b) Declaration. Whenever the City Manager or his duly
authorized representative finds that any motor vehicle
is being maintained contrary to the provisions of this
Part by reason of its conditions and location, he shall
give the notice required hereinafter.
7652. PUBLIC HEARING. PROCEDURE.
a) Notice. Prior to removal of any such vehicle, or part
thereof, the City Manager or his duly authorized representative
shall give a ten-day notice of his intention to abate the
nuisance, by removal; such notice shall contain the information
required pursuant to Section 22660 of the Vehicle Code, and shall
describe the vehicle involved, and the property whereon the same
is located, including, but not limited to, the correct
identification number and license number thereof, if available.
Such notice shall be given in the manrier prescribed in said
Section 22660.
b) Request for Hearing. Within ten C10) days after the filing
of said notice, the owner of the lot upon which such vehicle or
part thereof is located, or the owner of the vehicle, may file
a written request, as provided in said Section 22660, with the
City Clerk, requesting a hearing on such matter. If no such
request is made, the City Manager or his duly authorized
representative shall abate the nuisance as provided in the notice
relating thereto.
W Hearing. If a request for a hearing is made, the same shall
be held before the Hearing Officer. At the time and place of
hearing, the Hearing Officer shall hear and consider all relevant
evidence, including, but not limited to, applicable staff reports,
objections or protests relative to the existence of such alleged
public nuisance and the manner proposed for abatement of the
same. Said hearing may be continued from time to time.
Upon conclusion of said hearing, the Hearing Officer shall, based
upon the evidence presented at such hearing, detennine whether
the vehicle, or any part thereof, as maintained, constitutes a
public nuisance, as defined herein. If the Hearing Officer finds
that a public nuisance exists, he shall order the same abated
within a reasonable time to be set by him.
The owner of the land on which the vehicle is located may appear
in person at such hearing, or present a written statement in time
for consideration at the hearing, denying responsibility for the
presence of the vehicle on the land, together with his reasons for
such denial. If the Hearing Officer determines that the vehicle
was placed upon the land without the consent of the landowner, and
the landowner has not subsequently acquiesced in its presence, the
cost of abatement thereof shall not be levied against such
property owner.
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ORD 828 ̤<žj h£ŸjH Ò × Ordinance No. 828
Page 2
7653. SERVICE ON OWNER OF ORDER OF ABATEMENT. A
copy of the resolution ordering the abatement of said
nuisance shall be served upon the owners of said property
in accordance with the provisions of Section 7652 c) hereof.
7654. ABATEMENT OF PUBLIC NUISANCE. After a final
determination that a motor vehicle, or parts thereof,
constitutes a public nuisance within the meaning of this Part,
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 order of abatement relating thereto. If such person or
persons fail to abate such public nuisance, the Hearing Officer
shall abate the same by private contract in the time and manner
permitted by Section 22660 of the Vehicle Code of the State
of California.
7656. ADMINISTRATION. The provisions of this Part shall
be administered by the City Manager of the City or his duly
authorized representative.
7658. IDENTIFICATION OF VEHICLE. Within five 5) days
after the date of removal of a vehicle or part thereof, the
authorized towing service shall cause to be forwarded to the
Department of Motor Vehicles of the State of California notice
identifying the vehicle or part thereof, and any evidence of
registration available, including, but not limited to,
registration certificates of title or license plates on any
such vehicle.
SECTION 2. That the City Clerk shall certify to the
adoption of this Ordinance and cause the^me to be published
in the manner prescribed by law.
APPROVED AND ADOPTED this 2nd December, 1981.
ATTEST:
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES) SS:
CITY OF BALDWIN PARK
I, LINDA L. GAIR, City Clerk of the City of Baldwin Park,
do hereby certify that the foregoing Ordinance No. g28 was
regularly introduced and placed upon its first reading at a
regular meeting of the City Council on the 18th day of November,
1981. That, thereafter, said Ordinace was duly approved and
adopted at a regular meeting of the City Council on the 2"d
day of December, 1981, by the following vote:
AYES:
NOES:
ABSENT:
COUNCILMEN Aguilar. Holman. McNeill and Mayor pro tern
King
COUNCILMEN None______________________
COUNCILMEN Mavor White
L^DA L. GAm^- CITY CLERK
BIB]
37960-U01
ORD-U02
828-U02
LI2-U03
FO4404-U03
FO32704-U03
DO32705-U03
C5-U03
ORDINANCES-U03
12/4/2003-U04
ROBIN-U04