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ORD 176ORDINANCE NO. 176 AN ORDINANCE OF THE CITY OF LA QUINTA, CALIFORNIA AMENDING CHAPTER 11.80, ABANDONED VEHICLES, OF THE LA QUINTA MUNICIPAL CODE. WHEREAS, the California Vehicle Code authorizes local governments to adopt an ordinance establishing procedures for the abatement and removal, as public nuisances, of abandoned, wrecked, dismantled, or inoperative vehicles or parts thereof from private or public property; WHEREAS, the presence of abandoned, wrecked, dismantled or otherwise inoperative vehicles, or parts thereof on public or private property is hereby declared to constitute a public nuisance, which may be abated in accordance with the provisions of this chapter; and WHEREAS, the City Council finds that the abatement and removal of abandoned, wrecked, dismantled or otherwise inoperative vehicles or parts thereof and the regulation of vehicles is necessary to preserve the health, safety, and welfare of the community. NOW, THEREFORE, the City Council of the City of La Quinta, California, does hereby ordain as follows: Section 1. That Chapter 11.80, ABANDONED VEHICLES, be amended in its entirety to read as follows: 11.80.010. Definitions. As used in this chapter the following terms shall have the meanings indicated: A. Abandoned Vehicle. "Abandoned Vehicle" means a Vehicle that is wrecked, dismantled or otherwise inoperative which is parked, stored, or left standing in public view upon private or public property for more than ten (10) consecutive days. A presumption of abandonment shall arise when a Vehicle is located in a residential zone in an area not specifically designed for vehicular parking. Areas not specifically designed for vehicular parking in residential zones shall include, but are not limited to front and side yards and unpaved areas. Ordinance No. 176 B. Camping trailer. "Camping trailer" means a vehicular portable unit mounted on wheels and constructed with collapsible partial sidewalls which fold for towing by another Vehicle and unfold at the campsite and designed for human habitation for recreational or emergency occupancy. C. Highway. "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. D. Motor home. "Motor home" means a vehicular unit built on, or permanently attached to a self-propelled Motor Vehicle chassis, chassis cab or van, which becomes an integral part of the completed Vehicle, designed for human habitation for recreational or emergency occupancy. E. Motor Vehicle. "Motor Vehicle" means a Vehicle which is self-propelled. F. Motorcycle. "Motorcycle" means any Motor Vehicle other than a tractor having a seat or saddle for use of the rider and designed to travel on not more than three wheels in contact with the ground and weighing less than one thousand five hundred pounds, except that four wheels may be in contact with the ground when two of the wheels are a functional part of a sidecar. G. Motor -driven cycle. "Motor -driven cycle" means any -� Motorcycle, including a motor scooter, with a motor which produces less than 15 gross brake horsepower, and every bicycle with a motor attached, but does not include a Motorized bicycle. H. Motorized bicycle or moped. "Motorized bicycle" or "moped" means any two -wheeled or three -wheeled device having fully operative pedals for propulsion by human power, or have no pedals if powered solely by electrical energy, and an automatic transmission and a motor which produces less than 2 gross brake horsepower and is capable of propelling the device at a maximum speed of not more than 30 miles per hour on level ground. I. Off -highway motor vehicle. "Off -highway motor vehicle" means a Motor Vehicle operated off the Highways including but not limited to: (1) Any Motorcycle or Motor -driven cycle; (2) Any snowmobile or other device designed to travel over snow or ice; 08/17/90 7671n/2588-00 - 2 - Ordinance No. 176 (3) Any Motor Vehicle commonly referred to as a sandbuggy, dune buggy, or all -terrain vehicle; and (4) Any Motor Vehicle commonly referred to as a jeep. J. Owner of the Land. "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. K. Owner of the Vehicle. "Owner of the Vehicle" means the last Registered Owner or legal owner of the Vehicle. L. Park trailer. "Park trailer" means a trailer coach, designed for human habitation for recreational or seasonal use only, which meets all of the following criteria: (1) It contains 400 square feet or less of gross floor area measured at the maximum horizontal projections. However, it may not exceed 12 feet in width or 40 feet in length in the traveling mode; (2) It is built on a single chassis; (3) It may only be transported upon the public Highways with a permit; and (4) It is constructed in accordance with the Standard No. A119.5 of the American National Standards Institute, as it may be amended. M. Public view. "Public view" means visibility from the street or from other public or private property. N. Recreational vehicle. "Recreational vehicle" means a Motor home, Slide -in camper, Travel trailer, truck camper, Park trailer, or Camping trailer, with or without motive power, designed for human habitation for recreational or emergency occupancy. 0. Registered Owner. "Registered Owner" means a person registered by the Department of Motor Vehicles as the Owner of the Vehicle. P. Slide -in camper. "Slide -in camper" means a portable unit, consisting of a roof, floor, and sides, designed to be loaded onto and unloaded from a truck, and designed for human habitation for recreational or emergency occupancy. A "slide -in camper" means a truck camper. 08/17/90 7671n/2588-00 - 3 - Ordinance No. 176 Q. Travel coach. "Travel coach" means a Vehicle, other than a Motor Vehicle, designed for human habitation or human occupancy for industrial, professional, or commercial purposes, for carrying property on its own structure, and for being drawn by a Motor Vehicle. R. Travel trailer. "Travel trailer" means a portable unit, mounted on wheels, of such a size and weight as not to require special Highway movement permits when drawn by a Motor Vehicle and for human habitation for recreational or emergency occupancy. S. Vehicle. "Vehicle" means a device by which any person or property may be propelled, moved or drawn upon any Highway, including a Recreational vehicle, excepting a device moved exclusively by human power or used exclusively upon stationery rails or tracks. 11.80.020. Prohibition. It shall be unlawful and a public nuisance for a person to park, store or leave standing an Abandoned Vehicle or parts thereof upon any public or private property within the City of La Quinta. 11.80.030. Exceptions. Section 11.80.020 shall not apply to: A. A Vehicle or part thereof which is completely enclosed within a building in a lawful manner where it is not in the public view. B. 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 or a junkyard. Nothing in the La Quinta Municipal Code shall authorize the maintenance of a public or private nuisance as defined under provisions of law other than this chapter. 11,80.040. Inspections. The City Manager or his authorized representative are authorized to enter upon private property to examine a Vehicle or part thereof, obtain information as to the identity of the Vehicle or part thereof, and to take such actions necessary for the abatement and removal of a Vehicle or part thereof declared to be a public nuisance pursuant to this ordinance. 11.80.050. Abatement and Removal. A. Notice of Intention to Abate. Upon determination that a Vehicle or parts thereof constitutes a public nuisance, a ten (10) day Notice of Intention To Abate and remove the Vehicle or 08/17/90 7671n/2588-00 - 4 - ordinance No. 176 parts thereof as a public nuisance shall be sent by certified or registered mail to the Owner of the Land and the Owner of the Vehicle unless the Vehicle cannot be identified to determine ownership. 1. A Notice of Intention To Abate shall not be required: (a) when the Owner of the Land and Owner of the Vehicle have signed releases authorizing removal and waiving further interest in the Vehicle or part thereof, or (b) when the Vehicle or part thereof 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) ("low -valued vehicle") by an appraiser specified in Vehicle Code § 22855 as it may be amended, and is determined to be a public nuisance presenting an immediate threat to public health or safety, provided that the property owner has -signed a release authorizing removal and waiving further interest in the Vehicle or part thereof. 2. Prior to final disposition of such a low -valued Vehicle or part as provided in Section 11.80.050F., for which evidence of registration was recovered, notice shall be provided to the registered and legal owners of intent to dispose of the Vehicle or part. If,t.he Vehicle or part is not claimed and removed within twelve (12) days after the notice is mailed from a location specified in Section 11.80.050F. final disposition may proceed. This exception shall only apply to inoperable Vehicles located upon a parcel (1) zoned for agricultural use or (2) not improved with a residential structure containing one or more dwelling units. 3. Motor Vehicles which are parked, resting, immobilized, or otherwise abandoned on any highway or public right-of-way and which lack an engine, transmission, wheels, tires, doors, windshield, or any other part or equipment necessary to operate safely on the highways of this state may be removed immediately upon discovery by the City Manager or his authorized representative. C. Request for Public Hearing. A public hearing shall be held upon written request of the Owner of the Vehicle or the Owner of the Land. This request shall be made to the City Clerk within ten (10) days of mailing the Notice of Intention To Abate, or at the time of signing a release. If the Owner of the Land submits a sworn written statement within the ten (10) day period denying responsibility for the presence of the Vehicle on his land such statement shall be deemed a request for public hearing which does not require his presence. 08/17/90 7671n/2588-00 - 5 - Ordinance No. 176 1. At least ten (10) days prior to the hearing, ,notice of the time, date and location of the hearing shall be mailed to the Owner of the Land and the Owner of the Vehicle, unless identification of the Vehicle is unavailable to determine ownership. 2. The public hearing shall be conducted by the City Manager or his authorized representative(s). 3. Upon request for public hearing, the City Manager or his authorized representative shall hear all testimony relevent to determine: (a) whether the Vehicle or parts thereof are abandoned, wrecked, dismantled or otherwise inoperative and should be abated and removed as a public nuisance, and (b) whether the costs of abatement shall be charged against the Owner of the Land pursuant to Section 11.80.060. 4. An order requiring abatement and removal shall be issued and sent by certified or registered mail to the Owner of the Land and the Owner of the Vehicle if it is determined that a public nuisance exists. The order shall identify the Vehicle or parts thereof including the license number if available. E. Appeal. Within ten (10) days of mailing an order requiring abatement and removal, the Owner of the Land and the Owner of the Vehicle may file a written appeal with the City Clerk. At a regular meeting not more than thirty (30) days after the appeal is filed, the City Council shall rule upon the appeal. 1. If a request for public hearing is not received within ten (10) days after mailing the Notice of Intention to Abate, the Vehicle or parts thereof may be disposed of by removal to a scrapyard or automobile dismantler's yard or other suitable site operated by a local authority for processing scrap. 2. If an order requiring abatement is issued the Vehicle or parts thereof may be disposed of as provided in this section within eleven (11) days after mailing the order unless an appeal is filed. 3. thereof may immediately authorizing If an appeal be disposed of following the removal. is filed the Vehicle or parts as provided in this section decision of the City Council 08/17/90 7671n/2588-00 - 6 - Ordinance No. 176 G. Disposition by Contractor. When the City has contracted for removal services the contractor shall be authorized to enter private property to remove or cause the removal of a Vehicle or parts thereof declared a public nuisance. H. Reconstruction Following Remoyal. After a Vehicle has been disposed of by removal it shall not be reconstructed or made operable unless it is a Vehicle which qualifies for a horseless carriage license plates or historical Vehicle license plates pursuant to Vehicle Code § 5004 as it may be amended. I. Notice to Department of Motor Vehicles. Within five (5) days after the date of removal notice shall be given to the Department of Motor Vehicles identifying the Vehicle or parts thereof and any evidence of registration available including but not limited to the registration card, certificates of ownership or license plates. J. Liability. Neither the City or its officers, employees or agents nor a contractor hired by the City shall be liable for damage to a Vehicle or part thereof by removal pursuant to this chapter. : � l .P� ._ . A. Responsibility for Costs. If the City disposes of an abandoned, wrecked, dismantled or inoperative Vehicle or part thereof by removal pursuant to Section 11.80.050F. the costs of abatement may be assessed as a lien against the land where the Vehicle is located, together with an additional twenty-five percent (25%) of the costs of abatement for inspection, and any administrative costs incurred by the City to abate the public nuisance. However, if it is determined at a public 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 cost of abatement shall not be assessed against the land nor shall the City otherwise attempt to collect such costs from the Owner of the Land. B. Assessment and Collection. Government Code Section 38773.5, as it currently exists and may be amended, provides that the assessment shall be collected at the same time and in the same manner as ordinary municipal taxes are collected. if payment is delinquent the assessment shall be subject to the same penalties and procedure and sale.as provided for ordinary municipal taxes. 08/17/90 7671n/2588-00 - 7 - Ordinance No. 176 11.80.070. Recreational Vehicles. A. Parking. No person shall park a Recreational vehicle _ in one location without moving such Vehicle for more than six consecutive months. Recreational vehicles shall be parked or stored out of the public right-of-way on a driveway, side or rear yard. B. Hook-up. Recreational vehicles shall not be connected to an electrical or water source for more than four hours per week. 11.80.080. Vehicular Nuisances. The following shall constitute a public nuisance requiring abatement pursuant to Chapter 11.72, Public Nuisances, of the La Quinta Municipal Code: A. Any Vehicle which becomes unsightly and detracts from the appearance of the neighborhood due to such factors as rust, corrosion, or faded, chipped or peeled paint. B. Any vehicle which is painted or designed in such a manner as to distract drivers from the safe operation of their Vehicles. C. Sanding or painting a Vehicle in a residential zone. D. Failure to obscure Vehicles, equipment, and machinery from Public view in a residential zone. If the parcel does not allow for storage from Public view, a paved area next to the driveway and closest to the property line shall be used for storage. E. Parking a Vehicle in a space not designated for parking by the applicable zoning ordinance, unless the Vehicle is parked for emergency service which shall not exceed four (4) hours. A. No person shall drive, move, or leave standing upon a Highway or in an offstreet public parking facility any Motor Vehicle without registering the Motor Vehicle with the Department of Motor Vehicles or paying registration fees, as provided in Section 4000 of the California Vehicle Code, as it may be amended. For purposes of this section "offstreet public parking facility" means (1) any publicly owned parking facility; and (2) any privately owned parking facility where no fee is charged for the privilege to park and which is held open for the common public use of retail customers. 08/17/90 7671n/2588-00 - 8 - Ordinance No. 176 B. Vehicles located on private property which are in public view that are not registered with the Department of Motor Vehicles will be deemed as being stored. Section I. A person violating any provision of this chapter shall be guilty of an infraction pursuant to Section 1.01.200 of the La Quinta Municipal Code; provided that any violation which creates an immediate threat to public health and safety shall constitute a misdemeanor. The third violation of this chapter and each violation thereafter shall constitute a misdemeanor requiring an appearance in municipal court. Section I. The City Clerk shall certify to the passage and adoption of this ordinance and shall cause it to be posted or published in a manner required by-law. PASSED, APPROVED, AND ADOPTED by the City Council of the City of La Quinta, California, on this 31st day of July , 1990, by the following vote, to wit: AYES: Councilmen Bohnenberger, Rushworth, Sniff & Mayor Pena NOES: None ABSENT: Councilwoman Boswortr ABSTAIN: None City of La Quinta, California ATT AUNDRA JUHOLA, C' y Clerk City of La Quinta, California APPROVED AS TO FORM: DAWN HONEYWELL, City Attorney City of La Quinta, California 08/17/90 7671n/2588-00 - 9 - STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF LA QUINTA ) I, SAUNDRA L. JUHOLA, City Clerk of the City of La Quinta, California, do hereby certify the foregoing to be a full, true and correct copy of Ordinance No. 176 which was introduced on the 3rd day of July, 1990 and was adopted at a regular meeting held on the 31st day of July, 1990 not being less than 5 days after date of introduction thereof. - I further certify that the foregoing (3A places within the City. of La r s lution of the City Council. SAUNDRA L. JU b, City Clerk City of La Quinta, California ordinance was posted in three Quinta as specified in a DECLARATION OF POSTING I, SAUNDRA L. JUHOLA, City Clerk of the City of La Quinta, Cal' ornia, do hereby certify that the foregoing ordinance was pos d pursuant to City Council Resolution on September 11, 1990. SAUNDRA L. J A, City Clerk City of La Quinta, California