HomeMy WebLinkAboutORD 513ORD 513 Ü h£Ÿjì ¿ 7¼IORDINANCE NO. 513
AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF BALDWIN PARK AMENDING
THE BALDWIN PARK MUNICIPAL CODE,
RELATING TO PUBLIC NUISANCES.
THE CITY COUNCIL OF THE CITY OF BALDWIN PARK DOES
ORDAIN AS FOLLOWS:
SECTION 1. That Sections 3200 through 3211,
inclusive, of the Baldwin Park Municipal Code, designated
as Chapter 2, of Article III, are hereby redesignated as
Part 1 of said Chapter, entitled Public Nuisance
Premises".
SECTION 2. That Section 3200 of the Baldwin Park
Municipal Code is hereby amended by deleting the last
three 3) words therein, to wit: supplies or vehicles",
and substituting therefor, the following: or supplies".
SECTION 3. That Part 2 of Chapter 2 of Article IV
of the Baldwin Park Municipal Code, consisting of Sections
3250 through 3262, inclusive, entitled Weed and Rubbish
Abatement Procedure", is hereby redesignated as Part 3 of
said Chapter.
SECTION 4. That Part 2 is hereby added to Chapter 2
of Article IV of the Baldwin Park Municipal Code,
consisting of Sections 3225 through 3232, inclusive, to
read as follows:
PART 2 PUBLIC NUISANCE VEHICLES"
3225. PUBLIC NUISANCE. MOTOR VEHICLES.
The provisions of this Fart shall govern the
abatement and removal of motor vehicles, or
parts thereof, which are abandoned, wrecked,
dismantled or inoperative. Motor vehicle1
as used in this Part shall be defined as set
forth in Section 670 of the Vehicle Code of
the State of California."
3226. 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 Part.
i
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J.^ S.
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ORD 513 Ü h£Ÿjì ¿ 7¼IORDINANCE NO. 515
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b) Declaration. Whenever the Chief
Administrative Officer finds that any motor
vehicle is being maintained contrary to the
provisions of this Part, 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 Part, 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."
3227. 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 avail-
able to determine ownershipo 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 Part.
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ORD 513 Ü h£Ÿjì ¿ 7¼IORDINANCE N0.515
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b) Conduct of Hearing. The hearing
before the City Council, held pursuant to
this Part, shall be conducted in accordance
with the provisions of Section 3206 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 responsibility 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 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 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 resolution
relating thereto. If such person or persons
fail to abate such public nuisance, the City
Council shall direct the same to be abated by
City forces or private contract in the time
and manner permitted by Section 22660 of the
Vehicle Code of the State of California."
3228. ABATEMENT BY CITY. Where the abate
ment of a public nuisance pursuant to this Part
is accomplished by City forces, the provisions
of Sections 3208, 3209 and 3210 hereof, shall be
applicable to suih proceedings."
3229. ADMINISTRATION. The provisions
of this Part shall be administered by the Chief
Administrative Officer of the City."
3230. EVIDENCE OF REGISTRATION. The
Chief Administrative Officer shall cause to be
forwarded to the Department of Motor Vehicles
of the State of California, any evidence of
registration available, including registration
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ORD 513 Ü h£Ÿjì ¿ 7¼IORDINANCE NO. 515
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certificates, certificates of title, and
license plates, on any vehicle which is
declared to be a public nuisance pursuant
to this Part. Said City Clerk 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."
3231. DISPOSAL OF VEHICLES. Motor
vehicles or parts thereof, declared to be
a public nuisance pursuant to this Part,
shall be 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 declared to be a
public nuisance, and has been removed from
the premises where located, the same shall
not be reconstructed or otherwise made
operable."
3232. EXCEPTION. This Part 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, how-
ever, that this latter exception shall not
authorize the maintenance of any premises
contrary to the provisions of Section 3200
hereof,
SECTION 5. That the City Clerk shall certify to the
adoption of this Ordinance and cause the same to be
published in the manner prescribed by law.
PASSED AND APPROVED this 21 day of February 1968.
ATTEST:
L^L^
City Clerk
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ORD 513 Ü h£Ÿjì ¿ 7¼IORDINANCE NO. 15
Pace 5
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES 5 S3?
CITY OF BALDWIN PARK S
I, THELftA L, BALKUS, City ClerR of the Ctty of Baldwin Park^ do
hereby certify th@t the foregoing Ordinance N00 513 was regularly
Introduced and placed upon Its first reading at a
regialy meeting of the City Council on the 7th_____day of February
1968. That, thereafter^ said Ordinance was duly adopted and passed t a
regular meeting of the City Council on the 21st jgy
of bruary_______^ ggg^ y following votes
council men AYE flKf &&--« A.B. Councfltten ATE SAY N,V. A.B.
ADAIR X ffiCCARCOT V \
CRITES X2 OREHEAD^ AYOR X
REGORy XI
X lnd?cates Vote A-oBo Abfieat MrfV. Not Votinq
f
THEL»A L. BALKUS, CITY CLERK
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