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Home My WebLink AboutORD 514ORD 514ÜÂh£Ÿjì¾ƒ¼IORDINANCE NO. 514 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK AMENDING THE BALDWIN PARK MUNICIPAL CODE, RELATING TO PUBLIC NUISANCES, URGENCY) 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 eed 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, otor vehicle* as used in this Part shall be defined as set forth in Section 670 of the Vehicle Code of the State of California." 3226. DECORATION 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. BIB] 37946-U01 ORD-U02 514-U02 LI2-U03 FO31549-U03 FO31555-U03 DO31566-U03 C5-U03 ORDINANCES-U03 11/20/2003-U04 ROBIN-U04 ORD 514ÜÂh£Ÿjì¾ƒ¼IORDINANCE NO. 514 Page 2 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 whetner 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 ownership. 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. BIB] 37946-U01 ORD-U02 514-U02 LI2-U03 FO31549-U03 FO31555-U03 DO31566-U03 C5-U03 ORDINANCES-U03 11/20/2003-U04 ROBIN-U04 ORD 514ÜÂh£Ÿjì¾ƒ¼IORDINANCE N0.514 Page 3 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. Wh^re 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 sudh 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 BIB] 37946-U01 ORD-U02 514-U02 LI2-U03 FO31549-U03 FO31555-U03 DO31566-U03 C5-U03 ORDINANCES-U03 11/20/2003-U04 ROBIN-U04 ORD 514ÜÂh£Ÿjì¾ƒ¼IORDINANCE NO. 514 Page 4 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 15) 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^' 5251. DISPOSAL OF VEHICLES^ fltotor 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 siotor vehicle has been declared to be a public nuisance, and has been re- moved from the premises where located, the same shall not be reconstructed or otherwise made operable." 3252, EXCEPTION, This Part shall not apply: a) to a vehicle or part thereof which Is cow- pletely 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 pro- visions of Section 3200 hereof»" SECTION 6# That this ordinance Is hereby declared to be an urgency Ordinance, and shall take effect Immediately* A statement of facts constituting Its urgency Is as follows; a) that as a result of the adoption 22660 of the Vehicle Code, this Ordinance Is necessary to allow the abatement, as public nuisances, of vehicles; and b) that there are a number of pending public nuisance cases. Involving motor vehicles, which cannot be processed pursuant to existing City Ordinances; and c) that unless this Ordinance Is effective Immedi- ately, a number of such pending cases cannot be pro- cessed; and d) that the public Interest, convenience and ne- cessity require that this Ordinance become effective Imnediately. SECTION 7. That the City Clerk shall certify to the adoption of this Ordinance and cause the same to be publish- ed In the manner prescribed by law» PASSED AND APPROVED this 7th day of February 1968. 2^ / f t^^/A^^^^ 77J8AYOR/ ATTESTi CITY CLERK BIB] 37946-U01 ORD-U02 514-U02 LI2-U03 FO31549-U03 FO31555-U03 DO31566-U03 C5-U03 ORDINANCES-U03 11/20/2003-U04 ROBIN-U04 ORD 514ÜÂh£Ÿjì¾ƒ¼IORDINANCE NO. 514 PAGE 5 STATE OF CALIFORNIA COUNTY OF LOS ANGELES 1 SS: CITY OF BALDWIN PARK 1 I, THELMA L. BALKUS, City Clerk of the City of Baldwin Park do hereby certify that the foregoing Ordinance No, 514 was duly adopted and passed at a regular meeting of the City Council on the 7th____day of February___y 1968, by the following vote: COUNC 1 U8£N AYE NAY N.V. A.B. COUNC ILflCN AYE MAY N.V. A.B. ADAIR X WCCARON X CRITES X? MOREHEAD, IftAYOR X GREGORY XI X Indicates Vote A.B» Absent N.V. Not Voting T^L^L^ THELMA L, BALKUS, CITY CLERK BIB] 37946-U01 ORD-U02 514-U02 LI2-U03 FO31549-U03 FO31555-U03 DO31566-U03 C5-U03 ORDINANCES-U03 11/20/2003-U04 ROBIN-U04