HomeMy WebLinkAboutNS-2331 - Amending Article IV Chapter 16 of the Santa Ana Municipal Code to Grant the Executive Director of the Planning and Building Agency ...OO5
ORDINANCE NO. NS-2331
AN ORDINANCE OF THE CITY OF SANTA ANA
AMENDING ARTICLE IV CHAPTER 16 OF THE
SANTA ANA MUNICIPAL CODE TO GRANT THE
EXECUTIVE DIRECTOR OF THE PLANNING AND
BUILDING AGENCY AND HIS OR HER DESIGNEE
THE AUTHORITY TO ADMINISTER AND ENFORCE
THE ABATEMENT OF ABANDONED OR
INOPERATIVE VEHICLES
THE CITY COUNCIL OF THE ~CITY OF SANTA ANA DOES ORDAIN
FOLLOWS:
AS
SECTION l: That section 16-113 of the Santa Ana Municipal
Code is hereby amended to read as follows:
Sec. 16-113. A~minlstration and enforcement.
Except as otherwise provided in this article, the provisions
of this article shall be administered and enforced by the
Executive Director of the Planning and Building Agency or his or
her designee. In the enforcement of this article, subject to other
requirements of law, such enforcement officer may enter upon
private or public property to examine a vehicle or parts thereof or
to obtain information as to the identity of a vehicle. If consent
to enter enclosed private property for purposes of this section has
been sought and refused, or facts and circumstances exist to
reasonably justify a failure to seek such consent, such enforcement
officer shall obtain an inspection warrant pursuant to Section
1822.50 et seq. of the Code of civil Procedure.
SECTION 2: ,~That section 16-114 of the Santa Ana Municipal
Code is hereby am%ended to read as follows:
Sec. 16-114. Authority to remove.
The Executive Director of the Planning and Building Agency or
his or her designee may 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 article.
If consent to enter enclosed private property for purposes of
this section has been refused by the property owner or occupant,
the Executive Director of the Planning and Building Agency or his
or her designee shall obtain appropriate judicial authorization
prior to the removal of a vehicle or parts thereof.
ORDINANCE NS-2331
SECTION 3: That section 16-116 of the Santa Ana Municipal
Code is hereby amended to read as follows:
16-116. Authority to cause abatement and removal.
Upon discovering the existence of an abandoned, wrecked,
dismantled, or inoperative vehicle, or parts thereof, on private
property or public property within the city, the Executive Director
of the Planning and Building Agency or his or her designee shall
have the authority to cause the abatement and removal thereof in
accordance with the procedure prescribed herein and to arrange with
and authorize private persons or City employees to accomplish such
removal.
SECTION 4: That section 16-117 of the Santa Ana Municipal
Code is hereby amended to read as follows:
Bec. 16-117.
Notices of intention to abate and remove; mailing;
form of notices.
A ten-day notice of intention to abate and remove the vehicle
or parts thereof as a public nuisance shall be mailed by registered
or certified mail to the owner of the land and to the owner of the
vehicle, unless the vehicle is in such condition that
identification numbers are not available to determine ownership.
The notices of intention shall be in substantially the following
forms:
NOTICE OF INTENTION TO ABATE AND REMOVE AN ABANDONED,
WRECKED, DISMANTLED, OR INOPERATIVE VEHICLE OR PARTS
THEREOF AS A PUBLIC NUISANCE.
(Name and address of owner of the land)
As owner shown on the last equalized assessment roll of
the land located at (address), you are hereby notified
that the undersigned pursuant to Chapter 16, Article IV
of the Municipal Code has determined that there exists
upon said land an (or parts of an) abandoned, wrecked,
dismantled or inoperative vehicle registered to ,
license number , which constitutes a public
nuisance pursuant to the provisions of Chapter 16,
Article IV of the Municipal Code.
You are hereby notified to abate said nuisance by the
removal of said vehicle (or parts of a vehicle) within
ten days from the date of mailing of this notice, and
upon your 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 vehicle)
is located.
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ORDINANCE NS-2331
AS owner of the land on which said vehicle (or said parts
of a vehicle) is located, you are hereby notified that
you may, within ten days after the mailing of this Notice
of Intention, request a public hearing, and if such a
request is not received by the Executive Director of the
Planning and Building Agency or his or her designee
within such ten-day period, the Executive Director of the
Planning and Building Agency or his or her designee shall
have the authority to abate and remove said vehicle (or
said parts of a vehicle) as a public nuisance and assess
the costs, as aforesaid without a public hearing. You
may submit a sworn written statement within such ten-day
period denying responsibility for the presence of said
vehicle (or said parts of a vehicle) on said land, with
your reasons for denial, and such statement shall be
construed as request for hearing 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
aforesaid in time for consideration at such hearing.
Notice Mailed
(date)
Is~
NOTICE OF INTENTION TO ABATE AND REMOVE AN ABANDONED,
WRECKED, DISMANTLED OR INOPERATIVE VEHICLE OR PARTS
THEREOF AS A PUBLIC NUISANCE.
(Name and address of last registered and/or legal owner
of record of vehicle--notice should be given to both if
different)
As last registered (and/or legal) owner of record of
(description of vehicle--make, model, license, etc.), you
are hereby notified that the undersigned pursuant to
Chapter 16, Article IV of the Municipal Code has
determined that said vehicle (or parts of a vehicle)
exists as an abandoned, wrecked, dismantled or
inoperative vehicle at (describe location on public or
private property) and constitutes a public nuisance
pursuant to the provisions of Chapter 16, Article IV of
the Municipal Code.
You are hereby notified to abate said nuisance by the
removal of said vehicle (or said parts of a vehicle)
within ten days from the date of mailing of this notice.
008 ORDINANCE NS-2331
As registered (and/or legal) owner of record of said
vehicle (or said parts of a vehicle), you are hereby
' 'nt
notified that you may, with! en days after the mailing
of this Notice of Intention, request a public hearing and
if such a request is not received by the Executive
Director of the Planning and Building Agency or his or
her designee within such ten-day period, the Executive
Director of the Planning and Building or his or her
designee shall have the authority to abate and remove
said vehicle (or said parts of a vehicle) without a
hearing.
Notice Mailed
(date)
SECTION 5: That section 16-118 of the Santa Ana Municipal
Code is hereby amended to read as follows:
Sec. $6-~18.
Public hearing--Request by owner of vehicle or owner
of land.
Upon request by the owner of the vehicle or owner of the land
received by the Executive Director of the Planning and Building
Agency or his or her designee within ten (10) days after the
mailing of the notices of intention to abate and remove, a public
hearing shall be held by the Executive Director of the Planning and
Building Agency or his or her designee on the question of abatement
and removal of the vehicle, or parts thereof, as an abandoned,
wrecked, dismantled or inoperative vehicle, 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.
If the owner of the land submits a sworn written statement
denying responsibility for the presence of the vehicle on his land
within such ten-day period, said statement shall be construed as a
request for a hearing which does not require his presence. Notice
of the hearing shall be mailed, by registered or certified mail, at
least ten (10) days before the hearing to the owner of the land and
to the owner of the vehicle, unless the vehicle is in such
condition that identification numbers are not available to
determine ownership. If such a request for hearing is not received
within said ten (10) days after mailing of the Notice of Intention
to abate and remove, the city shall have the authority to abate and
remove the vehicle, or parts thereof, as a public nuisance without
holding a public hearing.
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ORDINANCE NS-2331 009
SECTION 5: That section 16-119 of the Santa Ana Municipal
Code is hereby amended to read as follows:
Bec. ~6-~19. Bame-~onduct; rules of evidence; appe&r&nce or
statement of owner of land; determination by
hearing officer; order; notice of decision.
Ail hearings under this article shall be held before the
Executive Director of the Planning and Building Agency or his or
her designee who shall hear all facts and testimony he or she deems
pertinent. Said facts and testimony may include testimony on the
condition of the vehicle, or parts thereof, and the circumstances
concerning its location on the said private property or public
property. The Executive Director of the Planning and Building
Agency or his or her designee shall not be limited by the technical
rules of evidence. The owner of the land may appear in person at
the hearing or present a sworn written statement in time for
consideration at the hearing, and deny responsibility for the
presence of the vehicle on the land, with his or her reason for
such denial.
The Executive Director of the Planning and Building Agency or
his or her designee may impose such conditions and take such other
action as he or she deems appropriate under the circumstances to
carry out the purpose of this article. He or she may delay the
time for removal of the vehicle or parts thereof if, in his or her
opinion, the circumstances justify it. At the conclusion of the
public hearing, the Executive Director of the Planning and Building
Agency or his or her designee may find that a vehicle or parts
thereof have been abandoned, wrecked, dismantled, 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 and determine the administrative costs and the cost of
removal to be changed against the owner of the land. The order
requiring removal shall include a description of the vehicle or
parts thereof and the correct identification number and license
number of the vehicle, if available at the site.
If it is determined at the hearing that the vehicle was placed
on the land without the consent of the owner of the land and that
he or she has not subsequently acquiesced in its presence, the
Executive Director of the Planning and Building Agency or his or
her designee shall not assess the 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
owner of the land.
If the owner of the land submits a sworn written statement
denying responsibility for the presence of the vehicle on his or
her land but does not appear, or if an interested party makes a
written presentation to the Executive Director of the Planning and
Building Agency or his or her designee but does not appear, he or
5
ORDINANCE NS-2331
she shall be notified in writing of the decision.
SECTION 6: That section 16-120 of the Santa Ana Municipal
Code is hereby amended to read as follows:
Bec. 16-120. Appeal to the city council.
Any interested party may appeal the decision of the Executive
Director of the Planning and Building Agency or his or her designee
by filing a written notice of appeal with the clerk of the council
within five (5) days after his or her 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 clerk of the council shall give written notice of the time
and place of the hearing to the appellant and those persons
specified in this article.
In conducting the hearing the city council shall not be
limited by the technical rules of evidence.
SECTION 7: That section 16-122 of the Santa Ana Municipal
Code is hereby amended to read as follows:
Bec. 16-122. Notice and transfer to department of motor
vehicles.
Within five (5) days after the date of removal of the vehicle
or parts thereof, the Executive Director of the Planning and
Building Agency or his or her designee shall give notice to the
department of motor vehicles identifying the vehicle or parts
thereof removed. At the same time, there shall be transmitted to
the department of motor vehicles any evidence of registration
available, including registration certificates, certificates of
title and license plates.
SECTION 8: If any section, subsection, sentence, clause,
phrase or portion of this ordinance is for any reason held to be
invalid or unconstitutional by the decision of any court of
competent jurisdiction, such decision shall not affect the validity
of the remaining portions of this ordinance. The City Council of
the City of Santa Ana hereby declares that it would have adopted
this ordinance and each section, subsection, sentence, clause,
phrase or portion thereof irrespective of the fact that any one or
more sections, subsections, sentences, clauses, phrases, or
portions be declared invalid or unconstitutional.
SECTION 9: Neither the adoption of this ordinance nor the
repeal hereby of any ordinance shall in any manner affect the
prosecution for violation of ordinances, which violations were
committed prior to the effective date hereof, nor be construed as
affecting any of the provisions of such ordinance relating to the
collection of any such license or penalty or the penal provision
applicable to any violation thereof, nor to affect the validity of
any bond or cash deposit in lieu thereof, required to be posted,
filed or deposited pursuant to any ordinance and all rights and
obligations thereunder appertaining shall continue in full force
and effect.
ADOPTED this 2nd
ATTEST:
~Fa~ice C. Guy ~/-
'Clerk of the Council/
day of September , 1997.
~uel A.t Pulid0
d.~Mayor
COUNCILMEMBERS:
Pulido Aye
Richardson Aye
Espinoza Aye
Franklin Aye
Lutz
McGuigan
Moreno
AP~ AS TO FORM:
Aye
Aye ~. Sh_~..tz / ~
Aye ~istant ~ney ~
CERTIFICATE OF ORIGINAL~
State of California
County of Orange
I, JANICE C. GUY, Clerk of the Council, do hereby certify the attached Or$inance No,
~J.~ - ~ 5~.-[ to be the original ordinance adopted by the City Council of the City of Santa
Ama on ~-,:R -~'7 ; and that said ordinance was published in accordance with the Charter
of the City of Santa Ana.
Date:
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