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HomeMy WebLinkAbout90-24 CC OrdinanceORDINANCE NO. 90-24 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA, REPEALING PORTIONS OF THE NON-CODIFIED RIVERSIDE COUNTY ORDINANCES AND ADDING CHAPTER 6.14 TO THE TEMECULA MUNICIPAL CODE PERTAINING TO NUISANCE ABATEMENT THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. City Ordinance No. 90-04 adopted by reference portions of the non-codified Riverside County Ordinances. On the effective date of this Ordinance, the following provisions of the non-codified Riverside County Ordinances, which City Ordinance No. 90-04 adopted, are hereby repealed: (a) Ordinance No. 520 relating to abandoned vehicles; (b) Ordinance No. 541 relating to removal of rubbish; (c) Sections 9 through 15, inclusive of Ordinance No. 551 relating to bees. SECTION 2. Chapter 6.14 is hereby added to the Temecula Municipal Code, which shall read as follows: Divisions: Division 1 Division 2 Division 3 "Chapter 6.14 NUISANCES. GENERAL Public Nuisance Abandoned Vehicles Violations Ords 90-24 I Division 1 - Public Nuisance Sections: 6.14.001 6.14.002 6.14.003 6.14.004 6.14.005 6.14.006 6.14.007 6.14.008 6.14.009 6.14.010 6.14.011 6.14.012 6.14.013 6.14.014 6.14.015 Purpose Public Nuisances Designated Commencement of Abatement Proceeding Voluntary Abatement of Nuisances Involuntary Abatement Form of Notice Hearing Order of Abatement Appeal Notice of Council Decision Abatement of Nuisance by City Cost Accounting; Notification Assessment Lien Owner's Responsibility Alternate Actions 6.14.001 Purpose (a) In order to further the stated goals of the City of Temecula and to protect its citizens and their property from conditions which are offensive or annoying to the senses, detrimental to property values and community appearance, or hazardous or injurious to the health, safety or welfare of the general public, the City Council has determined that an Ordinance is necessary to effectively abate or prevent the development of such conditions in the City of Temecula. (b) It is the intention of the City Council, in adopting the Ordinance codified herein, to set forth guidelines for determining what conditions constitute a public nuisance; to establish a method for giving notice of the conditions and an opportunity to correct them; and finally in the event the public nuisance is not abated or corrected, to provide a procedure for a hearing and determination of the facts and manner in which the conditions shall be corrected or removed. (c) It is the purpose of this Ordinance to provide a just, equitable and practical method, in addition to any other remedy available at law, whereby lands or buildings which are dilapidated, unsafe, dangerous, unsanitary, cluttered with weeds, debris, abandoned vehicles, machinery or equipment, or are a menace, or hazard to life, limb, safety, health, morals, property values, aesthetic standards or the general welfare Ords 90-24 2 of the City of Temecula, may be required to be repaired, renovated, vacated, demolished, made safe, or cleaned up by removal of offensive conditions. (d) It is the purpose of this Ordinance to provide a program for the removal and/or abatement as public nuisances of abandoned, wrecked, dismantled, or inoperative vehicles or parts thereof from private or public property. (e) In addition to the abatement procedures provided herein, this Ordinance declares certain conditions to be public nuisances and that maintenance of such conditions shall be a misdemeanor. (f) This Ordinance is not intended to enforce Conditions, Covenants and Restrictions (CC&R's) on property, nor to supersede them. This Ordinance will be enforced uniformly within the City regardless of CC&R's. Therefore, this Ordinance does not abrogate the right of any homeowners association or private citizen to take action, legal or as otherwise provided in the CC&R's, to force compliance with the CC&R's applicable to their tract or association even though the CC&R provisions may be the same, more restrictive or may not be covered by this Ordinance. 6.14.002 Public Nuisances Designated. It shall be unlawful and it is hereby declared to be a public nuisance for any person owning, leasing, occupying or having charge of any residential, agricultural, commercial, industrial, business park, office, educational, religious, vacant or other property within the City of Temecula, to maintain such property in such a manner that any of the following conditions are found to exist thereon: (a) Any violation of any Section of the City of Temecula Ordinance No. 90-04, which adopted by reference portions of the non-codified Riverside County Ordinance including, but not limited to: (1) Ordinance No. 190 relating to accumulation of limbs, branches, trimmings and parts of domestic and cultivated fruit trees; (2) Ordinance No. 369 relating to the deposit or discharge of sewage and other waste matter; ranches; (3) Ordinance No. 431 relating to location and operation of hog Orda 90-24 3 (4) Ordinance No. 523 and 527 relating to the control of flies; of bees; (5) (6) Sections 1 through 8 of Ordinance No. 551 relating to control Ordinance No. 627 relating to regulation of picture arcades; (7) Ordinance No. 650 relating to sewage discharge; pollution; (8) Ordinance No. 655 relating to the regulation of light (9) removal of solid waste; Ordinance No. 657 relating to regulation of collection and (10) Ordinance Nos. 348 and 348.3078 relating to planning, including zoning restrictions, related to structures on property, signs restrictions, site development standards, and parking standards; (11) housing and electrical; Ordinance No. 457.73, as amended, relating to building, (b) Land, the topography or configuration of which, in any man-made state, whether as a result of grading operations, excavations, fill, or other alteration, interferes with the established drainage pattern over the property or from adjoining or other properties which does or may result in erosion, subsidence or surface water drainage programs of such magnitude as to be injurious to public health, safety and welfare or to neighboring properties; (c) Buildings or structures which are partially destroyed, abandoned or permitted to remain in a state of partial construction for more than six (6) months, or during any period of extension, after the issuance of a building permit; (d) The failure to secure and maintain from public access all doorways, windows and other openings into vacant or abandoned (not occupied or in use for any purpose, no maintenance applied to the structure or grounds) buildings or structures; (e) Painted buildings that require re-painting, and walls, retaining walls, fences or structures, or building, walls, fences or structures upon which the condition of the paint has become so deteriorated as to permit decay, excessive checking, cracking, peeling, chalking, dry rot, warping or termite infestation; Ords 90-24 4 (f) Any building or structure, wall, fence, pavement, or walkway upon which any graffiti, including paint, ink, chalk, dye or other similar marking substances, is allowed to remain for more than twenty-four (24) hours; (g) Broken windows; (h) Overgrown, dead, decayed or hazardous vegetation which: (1) May harbor rats, vermin or other disease carriers; (2) Is maintained so as to cause an obstruction to the vision of motorists or a hazardous condition to pedestrians or vehicle traffic; (3) Constitutes an unsightly appearance; (4) Creates a danger or attractive nuisance to the public; (i) Building exterior, roofs, landscaping, grounds, walls, retaining and crib walls, fences, driveways, parking lots, sidewalks or walkways which are maintained in such condition so as to become defective, unsightly or no longer viable; (j) The accumulation of dirt, litter, feces, or debris in doorways, adjoining sidewalks, parking lots, landscaped or other areas; (k) Except where construction is occurring under a valid permit, lumber, junk, trash, garbage, salvage materials, rubbish, hazardous waste, refuse, rubble, broken asphalt or concrete, containers, broken or neglected machinery, furniture, appliances, sinks, fixtures or equipment, scrap metals, machinery parts, or other such material stored or deposited on property such that they are visible from a public street, alley or neighboring property; (1) Deteriorated private streets, easements and parking lots, including those containing pot holes, or cracks; (m) Abandoned, broken or neglected equipment and machinery, pools, ponds, excavations, abandoned wells, shafts, basements or other holes, abandoned refrigerators or other appliances, abandoned motor vehicles, any unsound structure, skateboard ramps, or accumulated lumber, trash, garbage, debris or vegetation which may reasonably attract children to such abandoned or neglected conditions; Ords 90-24 5 (n) (1) Construction equipment, buses, tow trucks, dump trucks, flatbed trucks, grading equipment, tractors, tractor trailers, truck trailers, or any other commercial vehicle over twenty-five (25) feet long or eight (8) feet in height or ninety (90) inches wide, supplies, materials, or machinery of any type or description, parked or stored upon any street or property within a residential zone. (2) Commercial vehicle, for the purposes of this section, shall be defined as any motorized or non-motorized vehicle used or maintained to transport property or goods for profit, or persons for hire or compensation. Any commercial vehicle, when used as the primary source of transportation by the person owning, leasing, occupying or having charge of any such vehicle, shall be excluded from the provisions of this subsection; (o) Construction debris storage bins stored in excess of fifteen (15) days on a public street or any front or sideyard setback area without the express approval of the City Engineer; (p) Any property with accumulations of grease, oil or other hazardous material on paved or unpaved surfaces, driveways, buildings, walls, or fences, or from which any such material flows or seeps on to any public street or other public or private property; (q) Any front yard, parkway, or landscaped setback area which lacks turf, other planted material, decorative rock, bark or planted ground cover or covering, so as to cause excessive dust or allow the accumulation of debris; (r) Any condition of vegetation overgrowth which encroaches into, over or upon any public right-of-way including, but not limited to, streets, alleys, or sidewalks, so as to constitute either a danger to the public safety or property or any impediment to public travel; (s) Any habitation which is overcrowded, as defined by the Uniform Housing Code, as adopted by reference by the City of Temecula Ordinance No. 90-04, or which lacks adequate ventilation, sanitation or plumbing facilities, or which constitutes a fire hazard; (t) (1) The dumping of any waste matter in or upon any public or private highway or road, including any portion of the right-of-way thereof, or in or upon any private property into or upon which the public is admitted by easement or license, or upon any private property without the consent of the owner, or in or upon any public Ords 90-24 6 park of any public property other then property designated or set aside for that purpose by the governing board or body having charge of that property. (2) Also, any placing, depositing or dumping of any rocks or dirt in or upon any private highway or road, including any portion of the right-of-way thereof, or any private property, without the consent of the owner, or in or upon any public work or other public property, without the consent of the state or local agency having jurisdiction over the highway, road, or property. (u) Any other condition declared by any State, County, or City statute, code or regulation to be a public nuisance. 6.14.003 Commencement of Abatement Proceedings. Whenever the Director of Building and Safety (hereinafter "Director") or his duly authorized agent or representative reasonably believes a public nuisance exists, he shall commence abatement proceedings. The Director shall have responsibility for abating such nuisances on any private property and cause a written notice to be issued to abate such nuisance. (a) The notice shall contain a description of the property in general terms reasonably sufficient to identify the location of the property. It shall refer to this section and the violation(s) of City Ordinance or the Municipal Code at issue, and shall direct compliance by removal or correction of the condition which is in violation of the provisions of this Code within a minimum of seven (7) calendar days and a maximum of thirty (30) calendar days from the date of the notice. The notice shall further describe the consequences of failure to comply as prescribed in this section. (b) The notice shall be served on the owner or his agent and the person in possession of the property by registered or certified mail, return receipt requested. Delivery by first class mail shall be used when delivery by registered or certified mail is refused. Such notice by mail shall be sufficient for purposes of this Chapter. (c) Failure of any person to receive a notice shall not affect the validity of any proceedings under this Chapter. 6.14.004 Voluntary Abatement of Public Nuisances. The owner, lease holder, tenant, or occupant having charge of any building, structure, or property alleged to be a public nuisance as set forth above, may abate said nuisance at any time within the abatement period by rehabilitation, repair, removal or demolition. The Director/Designee shall be advised of the abatement and shall inspect the premises to ensure that the nuisance has in fact been abated. Ords 90-24 7 6.14.005 Involuntary Abatement. Upon failure of the owner or his agent or the person in possession of the property to remove or correct the conditions described in the notice by the date specified, the Director shall cause a hearing to be held to determine whether said building, structure, or property is being maintained in such a manner so as to constitute a public nuisance. The Director shall give not less than seven (7) days written notice of the hearing to the owner(s) of the affected properties as shown on the latest equalized tax assessment roll by mailing the same to the addresses as indicated thereon, to any persons holding permits to the applicable property, building or structure, and further, within the same time period, and by conspicuously posting on the affected property, building, or structure a copy of the notice. Notice may also be served on the holder of any mortgage or deed of trust or other lien or encumbrance of record; the owner or holder of any lease of record; and the holder of any other state of legal interest of record of the building or structure, or the land on which it is located. (a) The notice shall indicate the nature of the alleged public nuisance, a description of the property involved, and the designation of the time and place of the hearing to determine whether the same constitutes a public nuisance, and the manner of the proposed abatement if the same is found to be a public nuisance. (b) The notice and order of abatement shall be served on every party by registered or certified mail. Delivery by first class mail shall be used when delivery by registered or certified mail is refused. (c) The failure of any person to receive this notice shall not affect the validity of any proceedings under this Chapter. (d) Nothing hereby shall prevent any property owner or other interested person from abating the nuisance prior to the time of the hearing and notifying the City of the same. Upon confirmation by the City that the nuisance has been abated, the need for the hearing shall be deemed terminated. 6.14.006 Form of Notice. The notice given shall be provided in substantially the following format: 'NOTICE OF HEARING ON ABATEMENT OF PUBLIC NUISANCE A hearing will be held at Temecula before the City of Temecula Hearing Officer, to determine whether the premises at constitutes a public nuisance. Ord$ 90-24 8 The conditions asserted to constitute a public nuisance include the following: A hearing may be avoided if the following corrections are made at least two (2) calendar days before the date set for the hearing: If it is determined that the conditions on the property constitute a public nuisance, the following abatement action may be taken by the City if the owner has not taken corrective action within five (5) days after the hearing officer's determination: If abatement action is taken by the City, all costs of the abatement will be assessed against the property and will attach as a lien until paid. All persons having an interest in this matter may attend the hearing and give testimony and evidence, which will be given due consideration by the hearing officer. Call (714) __ for questions regarding this notice.' 6.14.007 Hearing. (a) The hearing to determine whether a public nuisance exists shall be conducted by the hearing officer. The hearing officer shall be determined by Resolution by the City Council. The hearing officer is authorized to take testimony and in the course of so doing, is authorized to administer oaths or affirmations pursuant to California Code of Civil Procedure Section 2093(a). (b) At the hearing, the hearing officer shall consider all relevant evidence, including but not limited to applicable Staff Reports. He shall give any interested person the reasonable opportunity to be heard in conjunction therewith. Based upon the evidence so presented, the hearing officer shall determine whether a public nuisance within the meaning of this Chapter exists. Orda 90-24 9 6.14.008 Order Of Abatement. (a) The decision of the hearing officer shall be final and conclusive in the absence of appeal as provided in this Chapter. Co) The hearing officer shall, within five (5) working days of the date of the hearing, cause to be sent a copy of the written notice of decision by certified or registered mail to the owner, all other persons and entities who received notice of the original hearing and to any other person requesting the same. The notice shall contain an order of abatement, if a public nuisance is determined to exist, directed to the owner of the affected property or the person in control and/or charge of the property, and shall set forth the nature of the nuisance, its location and the time and manner for its abatement. (c) Where an appeal is filed as provided in this Chapter, the order of abatement shall be suspended pending the review of the determination in the manner set forth in this Chapter. 6.14.009 Appeal. Any person entitled to notice of hearing, who has participated in that hearing and who is dissatisfied by the order of the hearing officer, may appeal that order by filing an appeal with the City Clerk within five (5) days of the date of the order and by paying the appeal fee set by Resolution. The notice of appeal shall specify: (a) A description of the property; Co) The abatement proceedings appealed; (c) The owner, or appealing party's, legal or equitable interest in the property; (d) A statement of disputed and undisputed facts; (e) being appealed, the appeal; and A statement specifying which portion of the proceedings that are together with any evidentiary or supporting materials that would support (0 A verification of the truth of all matters asserted. Ords 90-24 10 Upon the timely filing of a notice of appeal in the proper form, the City Clerk shall place said appeal upon the next regular meeting to the City Council scheduled to be held not less than five (5) business days after said appeal is received. The City Clerk shall provide written notice of the appeal, including the time, place, and date of the heating on the appeal, to the appellant and any other person to whom notice of the hearing officer's order was sent. Said notice shall be sent in the same manner as notice of the hearing officer's order. The City Council may limit the issues on appeal to those in substantially the same form as that sent by the hearing officer and shall be sent to all persons to whom notice of the hearing officer's order was sent as well as to all persons requesting such notice, in writing, at the time the appeal is heard. 6.14.010 Notice of Council Decision. A copy of the Council's order shall be mailed by certified or registered mail to the owner, all other persons, and entities who received notice of the original hearing and to any other person requesting the same, by the City Clerk within five (5) working days after the adoption thereof. The Council's decision shall be final and conclusive. Pursuant to Code of Civil Procedure Section 1094.6, any action to review the decision of the Council shall be commenced not later than the nineteenth day after the date the Council's order is adopted. 6.14.011 Abatement of Nuisance by City. If the nuisance is not completely abated by the date specified in the hearing officer's order, or in the City Council's determination, as appropriate, the City Manager may immediately cause the same to be abated by City personnel or under private contract. The hearing officer and/or City Council are authorized to grant reasonable extensions on the time period for abatement based on a proper showing by the property owner of extenuating circumstances, made before the date of City abatement. The owner of the premises shall be liable to the City for all costs of such abatement. 6.14.012 Cost Accounting; Notification. (a) City personnel, or any private contractor authorized to abate the nuisance, shall keep an account of the cost, including incidental expenses, of all abatement work performed on each separate lot or parcel of land where work is done and shall render an itemized report in writing to the City Council showing the total cost of abatement by rehabilitation, demolition, or repair of the property, buildings, or structure, including any salvage value relating thereto. A copy of the report shall be posted at City Hall or other official location for posting City notices for at least five (5) days before it is considered by the City Council. Proof of posting shall be made by affidavit of the Ords 90-24 11 City Clerk or Deputy City Clerk. The term 'incidental expenses' includes but is not limited to all actual expenses and costs of the City in the commencement of abatement proceedings, including preparation of notices, specifications and contracts, inspection of the work, and the cost of printing and mailings required under this Chapter, and any attorney fees expended in the abatement of the nuisance, through civil action or otherwise. The City Attorney shall be responsible for keeping an accounting of attorney fees and costs and transmitting the same to the Director. Co) Costs shall be assessed at the conclusion of the abatement; in the case of an abatement by any method which takes more than six (6) months, costs may be assessed at any time after six (6) months, but in no event more than two (2) times a year. (c) The Director shall submit his itemized statement of costs to the City and shall set the same for a hearing before the City Council. (d) The Director shall cause notice of the time and place of the hearing to be given to the owners of the property to which the same relate, and to any other interested person requesting the same by United States Mail, postage prepaid, addressed to the person at his/her last known address at least five (5) days in advance of the hearing. (e) Notice may also be served on the holder of any mortgage or deed of trust or other lien or encumbrance of record; the owner or holder of any lease of records; and the holder of any other estate or legal interest of record in or to the building or structure, or the land in which it is located. 6.14.013 Assessment Lien. The total cost for abatement of the nuisance, as confirmed by the City Council, shall constitute a special assessment against the lot or parcel of land to which it relates and, upon recordation in the office of the County Recorder of a Notice of Lien, shall constitute a lien on the property for the amount of the assessment. After confirmation and recordation, a copy of the Notice of Lien may be turned over to the tax collector to add the amounts of the assessments to the next regular tax bill levied against the respective lots and parcels of land. Thereafter the assessment amounts shall be collected at the same time and in the same manner as ordinary property taxes are collected and shall be subject to the same penalties and the same procedure for foreclosure and sale in case of delinquency as provided for ordinary property taxes. After recordation, the lien may be foreclosed by judicial or other sale in the manner and Ords 90-24 12 means provided by law. The Notice of Lien for recordation shall be in a form substantially as follows: 'NOTICE OF LIEN Claim of the City of Temecula Pursuant to the authority vested by Chapter 6.14 of the Temecula Municipal Code, the City of Temecula hearing officer [City Council] did on or about the day of ,19_, cause the property hereinafter described to be declared a public nuisance and order the same abated. The City Council of the City of Temecula, did on the day of , 19_, assess the cost of such abatement upon the property and the same has not been paid nor any part thereof. The City of Temecula does hereby claim a lien for such abatement in the amount of the assessment, to wit: the sum of $ , and the same shall be a lien upon the real property until paid in full and discharged of record. The real property hereinabove mentioned, and upon which a lien is claimed, is that certain parcel of land lying and being entirely within the City of Temecula, County of Riverside, State of California, particularly described as follows: (legal description) Dated: This __ day of , 19_. City Manager CITY OF TEMECULA' 6.14.014 Owner Responsibility. The owner of any premises within the City has the primary responsibility for keeping said premises free of public nuisances. Tenants and occupants of the premises, for the purposes of this Chapter, shall be deemed to be the agents of the owner. Ords 90-24 13 6.14.015 Alternate Actions. Nothing in this Chapter shall be deemed to prevent the City from commencing a civil or criminal proceeding to abate a public nuisance or from pursuing any other means available to it under provisions of applicable ordinances or state law to correct hazards or deficiencies in real property in addition to or as alternatives to the proceedings set forth herein. Section 6.14.017 - 6.14.100 Reserved. Sections: 6.14.101 6.14.102 6.14.103 6.14.104 6.14.105 6.14.106 6.14.107 6.14.108 6.14.109 6.14.110 6.14.111 6.14.112 6.14.113 6.14.114 Division 2 - Abandoned Vehicles Purpose Exceptions Enforcement Notice of Intent to Abate and Remove Request for Hearing Hearings Appeal Decision to Remove Vehicle Costs Franchises Notice to Department of Motor Vehicle Removal Required No City Liability Alternate Actions 6.14.101 Purpose. In addition to and in accordance with the authority granted to the City by the State under Section 22660 of the Vehicle Code to remove abandoned, wrecked, dismantled, or inoperative vehicles or parts thereof as public nuisances, the City Council makes the following findings and declarations: The accumulation and storage of abandoned, wrecked, dismantled, or inoperative vehicles or parts thereof on private or public property is found to create a condition tending to reduce the value of private property, to promote blight and deterioration, to invite plundering, to create fire hazards, to constitute a nuisance creating 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. Therefore, the presence of Orda 90-24 14 an abandoned, wrecked, dismantled or inoperative vehicle or part thereof, on private or public property except as expressly permitted in this Division, is declared to constitute a public nuisance which may be abated as such in accordance with the provisions of this Division. 6.14.102 Exceptions. (a) This Division shall not apply to: (1) A vehicle or part thereof which is completely enclosed within a building in a lawful manner where it is not visible from the street or other public or private property; or (2) A vehicle or part thereof which is stored or parked in a lawful manner on private property in connection with the business of a licensed dismantler, licensed vehicle dealer, junk dealer, or when such storage or parking is necessary to the operation of a lawfully conducted business or commercial enterprise; (b) Nothing in this section shall authorize the maintenance of a public or private nuisance as defined under provisions of law other than Chapter 10 (commencing with Section 22650) of Division 11 of the Vehicle Code and this Chapter. 6.14.103 Enforcement. Except as otherwise provided in this Division, the provisions of this Division shall be administered and enforced by the Police Chief, or his designee. 6.14.104 Notice of Intent to Abate and Remove. (a) A ten (10) day notice of intention to abate and remove a vehicle or part thereof as a public nuisance shall be issued, unless the property owner and the owner of the vehicle have signed releases authorizing removal and waiving further interest in the vehicle or part thereof; (b) For inoperable vehicles or parts thereof located on property which is (a) zoned for agricultural use or Co) not improved with a residential structure containing one or more dwelling units, the notice of intention shall not be required for removal of a vehicle or part thereof which is inoperable due to the absence of a motor, transmission, or wheels and incapable of being towed, is valued at less than two hundred dollars ($200) by any person designated pursuant to the Vehicle Code to make such appraisals, and is determined by the Police Chief to be a public nuisance presenting an immediate threat to public health or safety; provided that the property owner has signed Ords 90-24 15 a release authorizing removal and waiving further interest in the vehicle or part thereof. Prior to final disposition of such a low-valued vehicle or part thereof, the Police Chief shall provide notice to the registered and legal owners of intent to dispose of the vehicle or part, and if the vehicle or part is not claimed and removed within twelve (12) days after notice is mailed, from a location specified in Vehicle Code Section 22662, final disposition may proceed; (c) The notice of intention to abate shall contain a statement of the heating rights of the owner of the property on which the vehicle is located and of the owner of the vehicle. The statement shall include notice to the property owner that the owner may appear in person at a hearing or may submit a sworn written statement denying responsibility for the presence of the vehicle on the land, and the owner's reasons for such denial, in lieu of appearing. The notice shall be mailed, by registered or certified mail, to the owner of the land as shown on the last equalized assessment roll and to the last registered and legal owner of record of the vehicle unless the vehicle is in such condition that identification numbers are not available to determine ownership. The service is complete at the time of such deposit. (d) The notice shall be substantially in the following form: 'Notice of Intent To Abate and Remove Date: Notice Is Hereby Given that you are required at your expense to remove the vehicle identified as and located on property commonly known as , Temecula, California, within ten (10) days after the date appearing on the notice. Said vehicle is in such a condition to constitute a public nuisance. If you fail to comply with this order, City employees or private City contractors will enter upon your property and abate the public nuisance by removal of the vehicle or part thereof. The cost of the abatement incurred by the City or its private contractor will be assessed against your property and such costs will constitute a lien upon the land until paid. All persons having an interest in the property on which the vehicle or part thereof is located and/or of the vehicle or part thereof are hereby notified that such interested parties may request a hearing within ten (10) days of the date of this notice to be held at __ Ords 90-24 16 , Temecula, before a hearing officer to determine whether the vehicle or part thereof is in such a condition to constitute a public nuisance. You may appear in person at the hearing or you may submit a sworn written statement denying responsibility for the presence of the vehicle or part thereof on the land, and the reasons for such denial, in lieu of appearing. If such a request is not received within such period, the City shall remove the vehicle or part thereof. Call (714) for questions regarding this notice.' 6.14.105 Request for Hearing. (a) A hearing shall be held before the hearing officer upon request for such hearing by the owner of the vehicle or the owner of the land upon which the vehicle is located. This request shall be made in writing to the Police Chief within ten (10) days after the mailing of notice of intent to abate and remove the vehicle, or at the time of signing a release pursuant to Subsection 1 or 2 of Section 6.14.104. Co) If the owner of the land on which the vehicle is located submits a sworn statement denying responsibility for the presence of the vehicle on his/her land within such time period, this statement shall be construed as a request for hearing which does not require the presence of the owner submitting such request. If such a request is not received within such period, the City shall have the authority to remove the vehicle. 6.14.106 Hearings. (a) All hearings under this Division shall be held before the hearing officer, which heating officer shall hear all facts and testimony deemed pertinent. The facts and testimony may include testimony on the condition of the vehicle or part thereof and the circumstances concerning its location on the private or public property. The technical rules of evidence shall not apply. The owner of the land on which the vehicle is located may appear in person at the hearing or present a sworn written statement denying responsibility for the presence of the vehicle on the land, with the owner's reasons for such denial; (b) At the conclusion of the hearing the hearing officer may find that a vehicle or part thereof has 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 provided in this Division; Ords 90-24 17 (c) If it is determined by the hearing officer that the vehicle was placed on the land without the consent of the landowner and that the owner has not subsequently acquiesced to its presence, the hearing officer shall not assess 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 landowner; (d) If an interested party makes a written presentation to the hearing officer, but does not appear, said party shall be notified in writing of the decision within five (5) days of such decision by the hearing officer by certified or registered mail. 6.14.107. Appeal. Any interested party may appeal the decision of the hearing officer by filing a written notice of appeal with the City Clerk within ten (10) days after the decision and by paying the appeal fee set by Resolution. Such appeal shall be heard by the City Council which may affirm, amend or reverse the order or take any other action deemed appropriate. The City Clerk shall give written notice of the time and place of the hearing to the appellant and those persons specified in Section 6.14.106. In conducting the hearing, the City Council shall not be limited by the technical rules of evidence. The decision of the City Council shall be final. 6.14.108 Decision To Remove Vehicle. (a) An order for abatement and removal of a vehicle, made pursuant to this Division, shall include a description of the vehicle or part thereof and the correct identification number and license number of the vehicle, if available. (b) The hearing officer, or the City Council on appeal, may impose such conditions and take such actions as are deemed appropriate and justified under the circumstances to carry out removal of the vehicle or part thereof; (c) Five (5) days after adoption of the order, five (5) days from the date of mailing of notice of the decision if such notice is required, or fifteen (15) days after such action of the City Council authorizing removal following appeal, the vehicle or parts thereof may be disposed of by removal to a scrapyard or automobile dismantler's yard; (d) After a vehicle has been removed, it shall not thereafter be reconstructed or made operable, unless it is a vehicle which qualifies for either horseless carriage license plates or historical vehicle license plates, pursuant to Section 5004 of the Vehicle Code, in which case the vehicle may be reconstructed or made operable. Ords 90-24 18 6.14.109 Costs. The hearing officer, or the City Council on appeal, shall determine the administrative costs and cost of removal to be charged. If the administrative costs and the cost of removal are charged against the owner or a parcel of land pursuant to this Division and are not paid within thirty (30) days of the date of the order, or the final disposition of an appeal therefrom, such costs shall be assessed against the parcel of land pursuant to Section 38773.5 of the Government Code and shall be transmitted to the tax collector for collection. The assessment shall have the same priority as other taxes. 6.14.110 Franchises. 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 upon private property or public property to remove or cause the removal of a vehicle or part thereof declared to be a nuisance pursuant to this Division. 6.14.111 Notice to Department of Motor Vehicles. Within five (5) days after the date of removal of the vehicle or part thereof, notice shall be given to the Department of Motor Vehicles identifying the vehicle or part 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. 6.14.112 Removal Required. No person shall fail or refuse to remove an abandoned, wrecked, dismantled or inoperative vehicle or part thereof or refuse to abate such nuisance when ordered to do so in accordance with the abatement provisions of this Division or state law where such state law is applicable. 6.14.113 No City Liability. Neither the City nor any contractor thereof shall be liable for damage caused to a vehicle or part thereof by removal pursuant to this Division. 6.14.114 Alternate Actions. This Division is not the exclusive regulation of abandoned, 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 appropriate jurisdiction. Section 6.14.115 - 6.14.200 Reserved. Ords 90-24 19 Division 3 - Violations Sections: 6.14.201 6.14.202 6.14.203 Misdemeanors Authority to Arrest Citation Procedure 6.14.201 Misdemeanors. The owner, or any other person having charge or control of any building or property, who maintains any public nuisance as defined in this Chapter or who violates any order of abatement made pursuant to this Chapter is guilty of a misdemeanor. Any unauthorized person who removes any notice or order posted as required in this Chapter is guilty of a misdemeanor. No person shall obstruct, impede or interfere with any representative of the City engaged in vacating, repairing, rehabilitating or demolishing and removing any property pursuant to the provisions of this Chapter or in performing any necessary act preliminary to or incidental to such work as authorized or directed pursuant hereto. Any person violating or failing to comply with any of the provisions of this Chapter shall be guilty of a misdemeanor and shall be punished in accordance with Section 1.01.200 to 1.01.240 of this Code. A criminal prosecution may be initiated without a nuisance hearing, as provided in this Chapter, or upon a violating of any order resulting from such a hearing. Each person shall be guilty of a separate offense for each and every day during any portion of which any violation of the provisions of this Chapter is committed or permitted to continue. 6.14.202 Authority to Arrest. The following designated officers and employees shall have the power to arrest persons for misdemeanor violations of this Chapter whenever the officer or employee has reasonable cause to believe that the person has committed the offense in said officer's or employee's presence: the Building Official; the Senior Planner; and, Code Enforcement Officers Orals 90-24 20 6.14.203 Citation Procedure. All designated officers and employees exercising their authority to arrest under this Chapter shall comply with the procedures regarding the making of arrests set forth in Section 833 et seq. of the California Penal Code, and the procedures regarding misdemeanor citations set forth in Section 853.6 et seq. of the California Penal Code." SECTION 3. SEVERABILITY. The City Council hereby declares that the provisions of this Ordinance are severable and if for any reason a court of competent jurisdiction shall hold any sentence, paragraph, or section of this Ordinance to be invalid, such decision shall not affect the validity of the remaining parts of this Ordinance. SECTION 4. The City Clerk shall certify to the adoption of this Ordinance and shall cause the same to be posted as required by law. SECTION 5. EFFECTIVE DATE. This Ordinance shall be in full force and effect thirty (30) days after its passage. The City Clerk shall certify to the adoption of this Ordinance and cause copies of this Ordinance to be published and posted as required by law. PASSED, APPROVED AND ADOPTED this 4th day of December, 1990. Ronald J. Parks, Mayor ATTEST: [SEALI Ords 90-24 21 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) CITY OF TEMECULA ) SS I, June S. Greek, Deputy City Clerk of the City of Temecula, do hereby certify that the foregoing Ordinance No. 90-24 was duly introduced and placed upon its first reading at a regular meeting of the City Council on the 27th day of November, 1990, and that thereafter, said Ordinance was duly adopted any passed at a regular meeting of the City Council on the 4th day of December, 1990, by the following vote, to wit: AYES: 4 COUNCILMEMBERS: Birdsall, Lindemans, Moore, Parks NOES: 0 C OUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: Mufioz June S. Greek, Deputy City Clerk Ords 90-24 22