Ordinance 1027ORDINANCE N0. 1027
AN ORDINANCE OF THE CITY OF
CUPERTINO AMENDING SECTIONS
11.04.090, 11.04.110, 11.04.120,
11.04.130, 11.04.140, 11.04.150,
11.04.160, 11.04.170, AND
11.04.180 OF THE CUPERTINO
MUNICIPAL CODE RELATING TO
ABANDONED, WRECKED, AND INOPERATIVE
VEHICLES AND DECLARING THE URGENCY
THEREOF.
THE CITY COUNCIL OF THE CITY OF CUPERTINO DOES ORDAIN
AS FOLLOWS:
Section 11.04.090 of the Cupertino Municipal Code is
hereby amended to read as follows:
11.04.090 Hearin s--Decision. A. All hearings under
this chapter sha 1 be el before the City Council which shall
hear all facts and testimony it deems pertinent. Said facts
and testimony may include testimony on the condition of the
vehicle or part thereof and the circumstances concerning its
location on the private property or public property. The City
Council shall not be limited by the technical rules of evidence.
The owner of the land on which the vehicle is located may appear
in person at the hearing or present a 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.
8. The City Council may impose such conditions and take
such other action as it deems appropriate under the circum-
stances to carry out the purpose of this chapter. It may delay
the time for removal of the vehicle or part thereof if, in its
opinion, the circumstances justify it. At the conclusion of
the public hearing, the City Council, 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 hereinafter provided and determine the administrative
costs and the costs of removal and storage to be charged against the
owner of the parcel of land on which the vehicle or part thereof is
located. The order requiring removal shall include a descrip-
tion of the vehicle or part thereof and the correct identifica-
tion number and license number of the vehicle, if available at
the site.
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C. If it is determined at the hearing that the vehicle
was placed on the land without the consent of the land owner
and that he has not subsequently acquiesced in its presence,
the City Council shall not assess costs of administration or
removal or storage of the vehicle against the property upon which the
vehicle is located or otherwise attempt to collect such costs
from such land owner.
D. If an interested party makes a written presentation
to the City Council but does not appear, he shall be notified
in writing of the decision. (Ord. 413 S9, 1968).
Sections 11.04.110 through 11.04.180, inclusive, of the
Cupertino Municipal Code is hereby amended to read as follows:
11.04.110 Removal--Dis osal. Five days after adoption
of the order ec aring t e ve is a 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 Section 11.04.090, or
fifteen days after such action of the governing body autho-
rizing removal following appeal, the vehicles or parts thereof
may be disposed of by removal to a scrapyard or automobile
dismantler': yard. After a vehicle has been removed it shall
not thereafter be reconstructed or made operable, unless the
vehicle qualifies for either horseless carriage license plates
or historical vehicle license plates, pursuant to Section 5004
of the California Vehicle Code, in which case the vehicle may
be reconstructed or made operable.
11.04.120 Removal--Stora a Notwithstanding the
provisions of Sect on 11.04.110, f ve 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 Section 11.04.090, or
fifteen days after such action of the governing body authorizing
removal following appeal, the City Manager may direct that the
vehicle or parts thereof be removed to the nearest garage or
other place of safety where the vehicle shall be placed in storage.
At the time of such removal, the person removing said
vehicle shall determine the amount of mileage on the vehicle and
shall report the amount of mileage immediately to the City Manager.
11.04.130 Stora a--Notice Upon the storage of any
vehicle as permitted here n, the C ty Manager shall provide the
vehicle's registered and legal owners of record, or their agents,
with a written notice of storage. Such notice shall be mailed or
personally delivered to the registered and legal owners within
forty-eight (46) hours after the vehicle has been placed in
storage, excluding weekends and holidays, and shall include the
following information:
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A. The address and telephone number of the City of
Cupertino and the name of the City official to be contacted
regarding the notice;
8. The location of the place of storage and
description of the vehicle which shall include, if available,
the name or make, the manufacturer, the license plate number,
and the mileage; and,
C. The authority and purpose for removal of the
vehicle.
The notice shall also advise the persons to be notified
that reasonable costs of storage and towing may be charged before
the vehicle is returned, that administrative costs may be charged
before the vehicle is returned, where the vehicle may be claimed,
and the date before which the claim must be made. The date
specified in the notice shall be a date not less than ten (10)
days after the notice is personally delivered or, if mailed, not
less than fifteen (15) days after the notice is dpeosited in the
mail.
11.04.140 Dis osal After Stora a Whenever a vehicle
has been removed to a garage un er the provisions of Section
11.04.120, the keeper of the garage shall care for and keep safe
such vehicle for a period not exceeding fifteen (15) days. If
the vehicle is not recovered by the owner within said fifteen
(15) days, the keeper shall contact the City Manager who shall
direct that the vehicle be disposed of by removal to a scrapyard
or automobile dismantler's yard. Any proceeds realized by the
City of Cupertino from disposal of said vehicle shall be used to
defray costs of towing and storage and administrative costs
incurred under this chapter.
11.04.150 Notice to De artment of Motor Vehicles With-
in five days after t e ate of removal of the veh cle 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, but not limited
to, registration certificates of title or license plates.
(Ord. 590 S1 (part), 1973: Ord. 413 512, 1968).
11.04.160 Assessment If the administrative costs and
costs of remova an storage w ich are charged against the owner
of a parcel of land pursuant to Section 11.04.090, 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 of the State of California and shall be transmitted
to the Tax Collector for collection. The assessment shall have
the same priority as other City tax assessments.
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11.04.170 Violation--Penalty It is unlawful and an
infraction or any person to 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 chapter or state law,
where such state law is applicable, and upon conviction of such
infraction, shall be punished as provided in Chapter 1.12.
11.04.180 Statement of Ur enc The Council hereby
finds, determines, and~ec area that t s Ordinance is an urgency
measure necessary for the immediate preservation of the public
health, safety, and welfare and shall go into effect immediately
upon adoption. The facts constituting such urgency are:
Within the city limits of the City of Cupertino there
exist many abandoned, wrecked, dismantled or inoperable vehicles
or parts thereof on public and private property. Unless
immediately abated, the continued existence of said vehicles
constitutes a threat to the health, safety, and welfare of the
residents of the City of Cupertino.
INTRODUCED and ENACTED at a regular meeting of the City
Council of the City of Cupertino, this 7th day of June, 1980,
by the following vote:
AYES: Gatto, Plungy, Sparks, Rogers
NOES : None
ABSENT: None
ABSTAIN: None
ATTEST:
CI Y CLERK
APPROVED:
OR, CITY OF CU E
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