Ordinance No. 368 - Abatement and Removal as Public NuisancesORDINl,ivCE N0. .368
AN U^lll_@au:CE OF T'r?.E CITY 00.' ROSLivLFAD I'?OVI:L~T?:G
FOR TtIL•' Ai;h7:''i:~i',~i;T !:`'D R}t•i01'AL AS PUbLIG ;:L'1~.~';Ci?S
OF A$~\DOaD, l.'Ki:Ci~I:D, DIS'•I:~IdIL.D C3 I[~•^.?C~~,TIt'E
VEHICLE Oi. P:1;:TS 'i'H~ EOI' r v•i FRIVr1TE PPO'InTY
0.: PUELIC PROPFF.T~' ?:uT Ii:CLLDING HIGH'.~~`_'S, I:i;D F.E-
COVERY OF CCSTS GF ADi•i1NISTt~,1TI0i1 1}lE;'.EOF AS AUTH-
ORIZED EY S}:CTIO\ 23660 \'E:Ii:LL CODE, :~:D t~`FuDING
T1IE ROSEMEAD `NNICIPAL CODE: •
T}iE CITY COUNCIL OF THE CITY OF ROSEiIEAD DOES O'.DAIN
AS FOLLO'r1S:
Section 1. The Rosemead Municipal Code is amend-
ed Uy adding Chapter 5 to Article V io read as.follesos:..
_~haPte~.••5_Abatement of Abandoned Vehicles
Section :5501 Findings
o ---- -
In addition to and in accordznce with the determination
made and the authority granted by the State of California under Sec-
, tion 22660 of the Vehicle Code to remove abandoned, wrecked, dismantled
or inoperative vehicles or.parts thereof .as public nuisances, the city.
council hereby makes the following findings and declarations:
The accuriulation and storage of abandoned, ~•:recked, dis-
mantled, or inoperative vehicles or parts thereof on private or pub-
lic property not including highways is hereby found to create a con-
dition tending to reduce the vaLie of private property; to pro~,ote
blight and deterioratio_a, to invite plundering, to create fire hazards,
to constitute an attractive nuisance creatinj a hazard to the health
and safety of minors, to create a harborage for rodents and insects
and to be.injurious to the health, safety and general welfare. There-
, fore, the presence of an abandoned, wrecked, dismantled or inoperative
vehicle or parts thereof, on private or public property not including
highways, except as expressly hereinafter permitted, is hereby decla<ed
to constitute a public nuisance r~hich may be abated as.such in accord-
, ante with the provisions of this Chapter,,
Section 5502 Definitions -
As used in this Chapter.
(a) The term "vehicld`means a device by which any person
or property may be propelled, moved, or drawn upon a high:•:ay, except_
a device moved by hwT.za po:aer.or used exclusively upon stationary rails
or tracks.
(b) The term "high,::ay" means a way or place of whatever
nature, publicly maintained and open to the use of the public for pur-
poses of vehicular travel. Highway includes street.
~~ (c) The term "public property" does not include "high-
way.
(d) The term "oe;ner of the land" means the oc:rer of the
lanc] ea which the vairicle, or parts thereof, is located, as shoc.n on
the last equalized assessment roll.
(e) The term "o~•~ner of the vehicle" means the last reg-
iste;:ed pourer and lea?. owner o= record.
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.--'. .. _.. -- -.------.Se.cLi.oc~._-5503--1~.ea:ntions ---_..
This Chapter sital.l not ai>i~ly to:
(a) A vehicle, or parts thereof, wcti.ch is completely
enclosed within a building in a lacaful manner wi~ere it is not visi-
ble from the street or other public or private property; or
•~
(b) A vehicle, or parts thereof., c~~hich is stored or
parked in a lawful mar.ncr on private propert}~ in connection with
the business of a licensed dismantler, licensed vehicle dealer,
a junk dealer, or when. such storage or paricing is necessary to
the operation of a lawfully conducted business or co:~aercial enter-
prise.
Nothing in this section sl-~aL1 authorize the maintenance
of a public or private nuisance as defined under provisions of law"
other than Chapl-.er 10 (co:~~-nencir.~ with Section 22650) oi' Division
11 of the Vehicle Code and this ~hapter.
Section 5504. Non Escl.usive Re~u1_atioas
This Chapter is not the exclusive regulation of abandon-
ed, wrecked, dismantled or inoperative vehicles within the city.
It shall supplement and be in addition to the other regulatory codes,
statutes, and ordinances heretofore or hereafter enacted by the city,
the State, or any other legal entity or agency having jurisdiction.
Section ssns Administration and Enforc
r
Except as ot~er~~:ise provided herein, the provisions of
thi s-Chapter -sha31 be a.cministered and enforced by the Ci-ty Pfanager
or-his designee. :. is t^e enforcement o~ this, Chapter such
officer and his depu*_ies msy enter upon private or public property
-to exa:~.~ne a. vehicle or parts thereof, or obtain information as
to the identity of a vehicle and to re~~ove or cause the removal of
a ~~e!:icle or parts thereof declared to be a nuisance pursuant to
this Chapter.
Section 5506 Sa_ma
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 open private property or public property to
remove or cause the removal of a vehicle or parts thereof declared
to be a nuisance pursuant to this Chapter.
Section X5507. Determination of Administrative Costs
Thy city council shall from time to ticae determine and
fix an a*aount to be assessed as administrative costs excludir_~ the
actual cost or removal. of any vehicle or parts thereof under-
Chapter.
Section 5508 Re:~oval
,~
Ll.un ..iSCO'J e'. 1~-~~ t..2 E:i15t2RCe o an abaCly Jnci:, WYi: Ci•a!U,
dismantled, or i.nopera.~ive vehicle, or parts ti~areo~`., o~z ori~•at:e
propert}- o. public orooer~y wi*_hi.a the cify.the City Manager.
or his designee shall have .the autii.rit}• to .cause the abate~;ent
and re=toga]. t>,e_eof in accordance ~;ith the procedure prescrib;d
herein.
Section 5509 Goti.ce
A 10-day notice of intention to abate aril remove tt:e
vehicle, or parts thereof, as a public nuisance shall be mailed by
2.
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_ .. - f.~ !.. - _ _f
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registcr.ed mail to til•~ c.
vehicle, un.l.csr: ti;~ v;.i).
tion ne:~:irars ar~~ !:•:l. a~::.
of intc.ition shall be i.I
u:r o` tL_ land anti to the c;mer of the
,,
.. i ~ _... S,!C~l CU:Ii':i:~OC t::-_L ?cleni_i=ica-
'.L_c L: r• icL'c_:i.nc ..; r•. :..hin. Th.. neL'iccs
~:~lt;5t, :-:~~.C•.11; t1i~a Lc'ilc..:i,ig~ lOLI_~.
_. NOT?:C~ (?~? I1T_:--:_,Tt^; TO '"'`?'E P\D R.-::•0~~ .-',?;
~lrC-!-- Cit: i~~r - =~----`.r t.J t~ i'i~i'~•=~: -~Ir~;G -
(Name and address of o;aner of the Land)
As or:l:•~r sho::n o:; the last eoualized a~eess*ran_t roll of
the land located at (ad _ . s?, ,o_! <tre ,._rc~, I__`i._ ~:?_:t ._,.~ un-
dersi~red pursuant to Article V Chapter V o_ t.it2 Rosemead Punicipal.
Code haS CC tei` 1lleG is _:.^. : ;:iYrc: e?:1StS Upon Said "lcnu al? '(Or DaTtS
of an) abandol-led, t•~rec!:,=.c, disr,):.nt' eri or inop~,-ativa viar~ cle regis-
tered to _ _ __ license number ~ ",
fJh1.Ch COnti.tLEt S ~; pUl:11C GU_$a~%Ce pUrSUaP_t t0 the prOVlblORS Of
Article V Chapter V of the Rosemead Municipal Code..
You arc hereby notified to a'oate said•r.uisance by .the
remov<"11 of said ve~h~_c1e :'o~- sa?d parts of a vehicle) within 10
days from the date Of mailing of this notice, and upon }>our failure
to do so the same will be abated and removed by the city and the
• costs thereof, together with administrative costs, assessed to you
as owner of the land on which said vehicle (or said parts of a vehi-
cle) is located.
As o~oner of the land on lahich said vehicle (or said parts
of a vehicle) is lx ated, you are hereby notified that.you may,
within 10 days after the mailing of this notice of intention, re-
quest a public hearing and if such .a request is net received by
the City Manager' or his designee within such 10-day period,
the City. Manager or his designee shall have the authority to
abate and remove said vehicle (or said parts of a vehicle) as a
public aaisance and assess the costs as aforesaid z•:ithout a public
hearing. You may submit a sc•;orn saritter statement within such 10-
day period denying responsibility for the presence of said vehicle
(or said parts of a vehicle) or. said land, with your reasons for
• denial, and such .statement shall be construed as a request for hear-
ing 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 afore-
said in time for consideration at. such hearing.
Notice i`~ailed s/ _
dated . (City Manager)
i~OTICE OF INTE'ZTIOV TO ABATE AA'D RE_•IOVE A1`T
'1'
(Name and address of last registered
and/or legal owner of record of vehicle
--notice should be given to both if dif-
ferent)
As last registered (and/or legal) o;aner of record of
(de EiC i"1f%t ~tCn Of VC'fll.. is - tnq ~iCp, mode.; a.1CL?nSft, (?tC.), )'OCt s?:P i\n'r-i,-
b}' r:~?t3.='Cv is":3t tii:'- V..^.('t:"~5:.•'.::;_'i! b;~'SUallt tJArtlCle V Chapter V
of the Rosemead Municipal Code .has determined that said
Ve111C 1C (i:= ^aYtS :)_:. ~. VChiC le) x:;15 is aS an abandoned ,;~:ren:ced, dis-
IDant~.c:d J~ _P.O~ CT£.: iCS: Vi'1t1:_. ~? ar (GCSC:r11)e ).ocatlcn U1 pi1J11C Or
prlChi: E: 1!L'OL7 f, L't~) %aaCl l'V!l`11.i.1 :=C:; 2! hUf)1J_C nL115idI1CP. pUrSU$!lt t0 flip..
provisi::o.:> oi' Article V Chapter V of the Rosemead Punicipal Code..
3.
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j'U11 N'Y'C 1li:r@!7\'.-... :._f ZCCI tG ;i?J.t°_ ....___ r.___. ...:Cc b~ th'C
?: '...!:U;;'1 t:',f ~~ilU \'C'.li!_CiC (i .. Salll f?~'._!:.. Uf 2i VC:!t1C1.'~J-~ii 7_tlil^ 10
'C=r j:i Tl'Gi' T-il~ iIi?t:' O i:Lall Lill Of tlli5~ L70t ZCi].
P.S reglSi:':?"2d~ (: nd( Or 1L ~C_1) OSaRC1' Of rCC6rd CE said
t _ a r= r >,i ~ l ^.1'e 11'9_-' I'.~aZ~1:](J that
Vi :1:~C 1C (C~ ~ ld p rtS O_ ? tC..~C.iC) , 'iJU ~ ~%j .
}'O11 m81 )=, P:itilln 10 dPj'S aftCr the i'::LL l_11Ro Of tll l:: RGt1C3 Of illten-
t1G!l, reQ C`St a pub J__C 1lC a'_`1 P.g and 1- S11Ch a re['1LCSC _S net reCe lV ed
by the City Manager or his designc2 within such_0-da}' period,
tr,~ City :~anager cr his designee shall hive tii2 zutilori ty to
ab4tC 2.nd re: ove said Veil ZC l~° (OY 52Zd pdrtS Of a VCI;i^.1E) (71thOllt
__ 112 ar llio.
i\OtZCe Tia Zled S~__.. ._._.___.___
(date (City Manager)
Section 5510 public he~rina
Upon request by the oe;ner of the vel-,icle or o;aner of the
eland received by the City Manager of his deri~r_ee eritilin 10
days after the mailing'of the notices of irt2nticn to abate and re-
move,, a public hearing shall be h21d by the City Manager or.
hiS deSZ~n°_e Or the question of abatement ar.:; r2~cv: i of file
t
vehicle or parts thereof as an abandoned, 1•:rec_:ed, dis^~ntled or
inoperative vehicle, and the assessment of the administrative cost s
and the cost of rerle.=al of the vehicle or parts thereof against
the property on which it is located.
If the owner of the. la nd submits a scaorn written state-
ment denying responsibility for the presence of the vehicle on his
land l•:ithin such 10-day period, said statement shall be construed
as a request for a hearing cahich does not require his_ presence.
Notice of the hearing shall be mailed, by registered r::ai1, at least;
_10 days before the hearing to the blaner of the land and to the
o;~tner of the vehicle, unless the vehicle is in such condition that
identificatior_ numbers z'-e not available to determine e~nership.
If such a request for hearing is not received tai thin said 10 days
after sailing of the notice of intention to abate and remove, the
city shall have file authority to abate and remove the vehicle
or parts thereof as a public nuisance without holding a public hear-
ing.
Sectior: .5511 Same
All hearings under this Chapter shall be held before the
City.2•fanager or his d^<signee who shall hear all facts and
testimony he deers pertinent.. Said facts and testimony clay include
testimony on the condition of. the vehicle or parts thereof and the
circumstances concerning its location on the said private property
or public propertj=. The City Dlanager or his designee shall
not be limited by the technical ru1_es of evidence. The owner of
the land may appear in person at the hearing or present a sworn
written statement in time fcr consideration at the hearing, and
deny responsibili*_y for the presence of the vehicle on the land,
with his reasc:ns for such denial.
The City ;tanager or hi_s desi`;nee ::ra}• i*.,pose. such
CORdlt10I1:> aRiJ t21;G SL:CiI Uth2r aCt1U1.1 a5 ile ::CcC.'.~ aCF7r Gl:r:Lae U11C:C1"
LIB.
the circcralstances to carry out file purpose of this Chapter. _•~-
may dEllaV L11°_ tlllle 0i' Y(,::IOVFil Of t:11C Ve111CJ.C Oi' (1;i:: i:5 ttier.eof z.r,
in his on.ini_o;l, file ci.rcu.as~arcc;s 111St17.y 1L, e1'_ Lh~ ^o::rl;lsio,l
of the public hearing, the City Manager or Iv.s ce_:'1;:~.ce u19}•
find that a vchicJ.e or parts t-llereof leas been abandoned, wrecked,
4.
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d1S... L1'~lOa~ •~: ib 1:'.' .~..: is ~..._ .';1 iriC.!ti' (_'r I?l:JiiC hYO)ert\' aid
-0rll( :. ti?~: ~ ....._ .:C:.._ ~ _._:<: i.: .. :i'C; ... t\ .:i a pllbl)_C I:LI]_tiallC:: an,l
dltijh?S: ~ O`: F.5 1::.<<'-e_:..~:.'_~_c_ Ili v'~.:~". i'G :,.::i} dCtCl'l'.i1nC tI1C aU71:Ln15l:rn-.
t1\>(, CUS is an(' `i!~ CC•:_.-,U'.: rC::;J'; %: !. t0 U,: -C}lAL"9('d aJ211.R5t thr' OF:11 Ear ~ .
~_ Of tl,e lall(i. ~l .:^_ C•rt~::~ ~'_'~(,'~iY is - 1'en!O'ra1 shall 1110 1LIdC a de. (.r lp-
tion of. the .,,l~iclc o-_ ~ ._:ts ti:::_co= 41;~ the correct identif_cation
RUmbc^. L' and 11C~!':Se I?L!::UC(_ O1" ti1C \%eI1iC1^, if aVa11a}>lc at'the Slte.
If it is det_r-in~d at the hearing that the vehicle
waS pl2ced On tl1~a la'`.:I b:1~RCllt ti':8 CURSC=rat ~Ol the O;~`[1Cr Of t'h8. land
and that l1e h<a not set~s~ouent).y aceuiesced in its presence, the
City Manager cr his ce..=.i^r•.ee s}1x11 not assess the costs of
aoia,.nl5tratiOR or nea':o-; al ofythe Vehicle against the property
upon c•;hicl the ve::i_cle is located or otLler(~Iise attempt to collect
such costs frc1 sack o::rer of the laaci.
If the aan_r of the is^d submits a sworn (written state,::ent
denying responsibilit;.:for the presence of the vehicle on his land
'but does r:ct appear, .or i;' an int^rested party manes a caritten pre-
sent.:aion to the City i`fanager or his designee but does not
appear, he shall be n'~tif.ed in e:riting of the decision ._
Beefier. 5512. P.oaeal
•. Any intereste~ party ~-y appeal the decision of the ~`
City Manager or his designee. by filing a c:ritten notice of•
appeal with the said City Manager -. o-r his designee .within five
days after his decision.
Such appeal shall be heard by the city
affirm, amend or reverse the order to take other
appropriate.
The clerk shall give written. notice of
of the hearing to the appellant and those person:
Section 5509: .
council e:hich n;ay
action deemed
the time and place
i specified in.
-' In conducting a he hearing the city council shall not
be limited by the techr_ical rules of evidence.
Section 5513.. Remo\>al Followin£ P.ppeal
Five_ days after adoption of the order declaring the
vehicle or parts thereof to be a public nuisance, five days from
the date of mailing of notice of the decision if such notice is
required by Secticr~ 5511, or 15 days after such action of the
governing body aut„orizing removal follo(,ing appeal, the vehicle.
or parts thereof may be disposed of by re,:.oval to a scrapyard or
auto;:;obile disc=antler's yard. After a vehicle has been removed ,
it shall not thereafter be reconstructed or made operable.
Section ~,~14. notice To Department of i`Iotor Vehicles
Within five days after the date of removal of the vehicle
or .parts thereof,. notice shall be given to. the Department' of Piotor
Vehicles identifying the vehicle or parts thereof removed. At the
same tune there shr;11 be trans,::itted to the Department of Pieter
Vehicles any evidence of rc~:.strati.on available, including reds-
tration certificates, certi.fic.~tes of title ar.d iicer.se plates.
Section _~5Z5.. Assessav,nt of Costs
If the ad:i:1!115Cr3t1VC COStS an(1 Cite COSt Of removal
which are char;;ed _lainst ti,c c:11er`of a }farccl of lend pursuant
to Section 5511 <.rc: ,u~t p iG r;i.tiu:1 3:1 dray:: of the date of the
' order, or the i:iua]. disl;,ai.tior: of an a;,p;::11 thcrc~from, such costs
shr.).1 be assessed against the parcel of: 1, nd pursuant to Section
5.
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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 city taxes.
PASSED APPRO ED \D ADOPTED this ~
day of ~ (p~ ~ ~e.~ 19 73 .
~~,~
iIAYOR' ~~
ATTEST:
CITY~CLERK /1
STATE OF CALIFORNIA )
ss
COUNTY OF LOS ANGELES )
I, JENNY DAVENPORT, City Clerk of the City of Rosemead, hereby cert-.
ify that the foregoinr~g ordinance was introduced at a regular meet-
. ing held on Ufa-rQ-.-..x4e," ( ~ 1973, and was adopted, passed,
and approved by the City Council of the.Ci~of Rosemead at a
regula meeting thereof held on the WSJ day of
~mtia.,-,~-Q~.~ , 1973, by the following vote:
AYES: Councilmen
NOES:- Councilmen
ABSENT: Councilmen
JENNY DAVENPORT, City Clerk
City of Rosemead
•
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6.
•. State of Cali nia, )
" County of Losgeles,.). ,
•City of Rosemead ) -
I, Jenny E.. Davenport, City Clerk of the City of Rosemead
' do hereby certify that the foregoing is a full,. true, end
correct copy of the original
Ordinance No. 368
adopted at the meeting of. the Rosemead.City Council held .
on November 27, 1973 by the following vote:
AYES: COUNCILNv;N: Andersen,_Hunter; Pike;_Taylor:.
.. .NOES: COUNCILMs.N.. None ;
:. .-
- ABSEa~7T:. COUNCILhiENr,.Maude .'
'~'
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,..
Published or Posted ~.Cit .Clerk.o the Ci of Rosemea3 <
=. `;Pursuant to Law:`'
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November 29, 1973
date
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