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Home My WebLink About2020 - Amending Redding Municipal Code Chapter 9.08 t • • ORDINANCE e 'O.2 C AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF REDDING AMENDING REDDING MUNICIPAL CODE CHAPTER 9.08, ABANDONED VEHICLES. Section 1. The City Council of the City of Redding does hereby ordain that Chapter 9.08 of the Redding Municipal Code is amended as follows: A. Section 9 . 08. 010 of the Redding Municipal Code is amended to read as follows: "9. 08.010 Declared Nuisance—Definitions. In addition to and in accordance with the determination made and the authority granted with and 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 hereby makes the following findings and declarations: A. 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 an attractive 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 an abandoned, wrecked, dismantled, or inoperative vehicle or parts thereof on public or private property, except as expressly permitted in this chapter, is declared to constitute a public nuisance which may be abated as such in accordance with the provisions of this chapter. B. As used in this chapter the following words shall have the following definitions: �> V 1 . 'Board of Appeals' means the board established pursuant to Section 204 of the • • Uniform Building Code, 1991 Edition, incorporated by reference into this Code under Section 16.08 . 020 . 2. '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. 3 . '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. 4 . 'Owner of the vehicle' means the last registered owner and legal owner of record. 5 . '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. 6 . ' Police Chief' means the Chief of Police of the City of Redding, or his designated representative or representatives. " B. Section 9 . 08 . 020 of the Redding Municipal Code is amended to read as follows: "9.08 .020 Applicability. A. This chapter shall not apply to the following: 1. A vehicle, or parts 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; 2. A vehicle, or parts thereof, which is located behind a solid fence six feet in height or which is not plainly visible from a highway. 3 . A vehicle, or parts thereof, which is stored or parked in a lawful manner on private property in connection with the business of a licensed dismantler, licensed vehicle in connection with the business of a licensed dismantler, licensed vehicle dealer, or a 2 111 junkyard. This exception shall not, however, authorize the maintenance of a public or private nuisance as otherwise provided by law. 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 of the State and this chapter. " C. Section 9 . 08. 040 of the Redding Municipal Code is amended to read as follows: "9. 08 . 040 Enforcement and Inspection. Except as otherwise provided in this chapter, the provisions of this chapter shall be administered and enforced by the Police Chief. In the enforcement of this chapter, the Police Chief may enter upon private or public property to examine a vehicle or parts thereof , or obtain information as to the identity of a vehicle, and to remove or cause the removal of a vehicle or parts thereof, declared to be a nuisance pursuant to this chapter. " D. Section 9. 08. 070 of the Redding Municipal Code is amended to read as follows: "9. 08 . 070 Procedure Generally. 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 Police Chief shall have the authority to cause the abatement and removal thereof in accordance with the procedure prescribed in this chapter. " E. Section 9 . 08.080 of the Redding Municipal Code is amended to read as follows: "9. 08. 080 Notice—Contents. A ten-day notice of intention to abate and remove the vehicle, or parts thereof, as a public nuisance, 3 shall be mailed by 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 Section 9. 08. 040 of the Redding City Code, has determined that there exists upon said land an (or parts of an) abandoned, wrecked, dismantled, or inoperative vehicle registered to (name) , license (number) , which constitutes a public nuisance pursuant to the provisions of Chapter 9. 08 of the Redding 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, 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. '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 within such ten-day period by the Board of Appeals, c/o the City Attorney, 760 Parkview Avenue, Redding, California 96001, the Police Chief 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 a request for hearing at which your presence is not required. You may appear in person at 4 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) s/ ' Police Chief ' " '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 Section 9. 08. 040 of the Redding 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 9 . 08 of the Redding 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. 'As registered (and/or legal) owner of record of said vehicle (or said parts of a vehicle) , 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 within such ten-day period by the Board of Appeals, c/o the City Attorney, 760 Parkview Avenue, Redding, California 96001, the Police Chief shall have the authority to abate, and remove said vehicle (or said parts of a vehicle) without a hearing. 'Notice mailed . . . . (date) . . . . s/ ' Police Chief '" 5 411 • F. There is hereby added to the Redding Municipal Code Section 9. 08. 160, which is to read as follows: "9. 08 .160 Reconstruction. A vehicle which has been removed shall not 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 California Vehicle Code, in which case the vehicle may be reconstructed or made operable. " Section 2. It has been determined that this matter is not subject to the provisions of the California Environmental Quality Act. Section 3. The City Clerk shall certify to the adoption of this Ordinance and cause its publication according to law. I HEREBY CERTIFY that the foregoing Ordinance was introduced and read at a regular meeting of the City Council of the City of Redding on the 4th day of August, 1992, and was duly read and adopted on the 18th day of August 1992 , at a regular meeting of the City Council by the following vote: AYES: COUNCIL MEMBERS: Anderson, Arness, Dahl, Kehoe & Moss NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None ABSTAIN: COUNCIL MEMBERS: None -7)Th CHARLIE MOSS, Ma or City of Redding ATTESFORM:.PPROVED: ,NL&Z1-9( , • 11 CONNIE STROHMAYER, City Clerk R DALL A. HAYS, C ty Attorney 6