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HomeMy WebLinkAbout993ORDINANCE NO. 993 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF UKIAH AMENDING SECTIONS 7602, 7610 AND 7611 OF THE UKIAH CITY CODE PROVIDING FOR A HEARING BEFORE THE TRAFFIC ENGINEERING COMMITTEE ON APPEAL FROM A NOTICE OF INTENT TO REMOVE ABANDONED VEHICLE FROM PRIVATE PROPERTY The City Council of the City of Ukiah hereby ordains as follows. Section One. Sections 7602, 7610 and 7611 of the Ukiah City Code are hereby amended to read as follows: §7602: DEFINITIONS: Except where the context otherwise required, the definitions given in this Section govern the construction of this Ordinance; A. The term "vehicle" means a device by which any person or property may be propelled, moved or drawn upon a highway, except a device moved by human power or used exclusively upon stationary rails or tracks. B. The term "highway" means a way or place of whatever nature, publicly maintained and open to the use of the public for purposes of vehicular travel. Highway includes street. C. The term "public property" does not include highway. D. The term "owner of the land" means the owner of the land on which the vehicle or parts thereof is located, as shown on the last equalized assessment roll. E. The term "owner of the vehicle" means the last registered owner and legal owner of record. (Ord. 617, §1, adopted 1971.) F. The term "Traffic Engineering Committee" means the Traffic Engineer for the City of Ukiah as established in Section 7030, which is a committee consisting of the City Engineer, City Manager, Chief of Police, City Attorney, Supervisor of Public Works, or their duly appointed representatives or any revised or successor committee established by the City Code. §7610: REQUEST FOR HEARING; HEARING UNNECESSARY: Upon request by the owner of the vehicle or owner of the land received by the City Clerk or her designated representative within ten (10) days after the mailing of the notices of intention to abate and Ordinance 993 Page I of 3 remove, a public hearing shall be held by the Traffic Engineering Committee 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 (10) day period, said statement shall be construed as a request for hearing which does not require his presence. Notice of the hearing shall be mailed, 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. (Ord. 617, §1, adopted 1971 .) §7611: HEARING: All hearings under this Ordinance shall be held before the Traffic Engineering Committee which shall hear all facts and testimony it 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 Traffic Engineering Committee 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 reasons for such denial. The Traffic Engineering Committee may impose such conditions and take such other action as it deems appropriate under the circumstances to carry out the purpose of this Municipal code Chapter. It may delay the time for removal of the vehicle or parts thereof if, in its opinion, the circumstances justify it. At the conclusion of the public hearing, the Traffic Engineering Committee may find that a vehicle or parts 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 hereinafter provided and dete~-f~ine the administrative costs and the cost of removal to be charged 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 has not subsequently acquiesced in its presence, the Traffic Engineering Committee 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 Ordinance 993 Page 2 of 3 land submits a sworn written statement denying responsibility for the presence of the vehicle on his land but does not appear, he shall be notified, in writing, of the decision. (Ord. 617, §1, adopted 1971.) Section Two. 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 Ukiah 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 Three. This ordinance shall be published as required by law and shall become effective thirty days after its adoption. Introduced by title only on July 2, 1997, by the following roll call vote: AYES: Councilmembers Chavez, Ashiku, Kelly, Mastin, and Mayor Malone. NOES: None. ABSENT: None. Adopted on July 16, 1997, by the following roll call vote: AYES: Councilmembers Ashiku, Kelly, Mastin, and Mayor Malone. NOES: None. ABSENT: Councilmember Chavez. "~8heridan Malone,/~or ATTEST: Cblleen B. Henderson, City Clerk Ordinance 993 Page 3 of 3