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Home My WebLink AboutOrdinance 1621 (Abandonded Vehicles)CLERK'S CERTIFICATE I, JEANNE M. LEONCINI, Clerk of the City of San Rafael, and Ex -officio Clerk of the Council of said City, do hereby certify that the foregoing Charter Ordinance No. 1621 entitled: "AN ORDINANCE OF THE CITY OF SAN RAFAEL AMENDING AND MODIFYING TITLE 11, CHAPTER 11.38 ABANDONED VEHICLES, BY AMENDING SECTIONS 11.38.010, 11.38.020, 11.38.050, 11.38.140 AND ADDING SECTIONS 11.38.160 AND 11.38.170 OF THE SAN RAFAEL MUNICIPAL CODE" is a true and correct copy of an ordinance of said City and was introduced at a REGULAR meeting of the City Council of the City of San Rafael, held on the 6TH day of JULY , 1992, published as required by City Charter in the MARIN INDEPENDENT JOURNAL , a newspaper published in the City of San Rafael and passed and adopted as an ordinance of said City at a REGULAR meeting of the City Council of said City held on the 20TH day of JULY 1992, by the following vote, to wit: AYES: COUNCILMEMBERS: Breiner, Cohen, Shippey, Thayer & P7ayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None WITNESS my hand and the official seal of the City of San Rafael this 22ND day of JULY 1992. JEA M. LEONAI,iity Clerk ORDINANCE NO. 1621 AN ORDINANCE OF THE CITY OF SAN RAFAEL AMENDING AND MODIFYING TITLE 11, CHAPTER 11.38 ABANDONED VEHICLES, BY AMENDING SECTIONS 11.38.010, 11.38.020, 11.38.050, 11.38.140 AND ADDING SECTIONS 11.38.160 AND 11.38.170 OF THE SAN RAFAEL MUNICIPAL CODE THE COUNCIL OF THE CITY OF SAN RAFAEL DO ORDAIN AS FOLLOWS: DIVISION 1: Title 11 of the Municipal Code of the City of San Rafael is hereby amended by amending Chapter 11.38 by amending sections 11.38.010, 11.38.020, 11.38.050, 11.38.140 and adding sections 11.38.160 and 11.38.170 to provide as follows: Section 11.38.010 - Purpose. In addition to and in accordance with the determination made and the authority granted by the State of California under Section 22660 of the Vehicle Code to remove abandoned, wrecked, dismantled or inoperative vehicles or parts thereof as public nuisances, the San Rafael 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 hereby 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 private or public property , except as expressly hereinafter permitted, is declared to constitute a public nuisance which may be abated as such in accordance with the provisions of this chapter.(Ord. #1137 §1 [part], 1974). Section 11.38.020 - Definitions. As used in this chapter, unless a different meaning is apparent from the context or specified elsewhere in the code, the following terms shall have the following meanings: A. "Vehicle" means a device by which any person or property may be propelled, moved or drawn upon a highway, except a device 1 O�IGI'N" A �L ,��, moved by human power or used exclusively upon stationary rails or tracks. B. "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. "Public property" includes "highway". D. "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. "Owner of the vehicle" means the last registered owner and legal owner of record. (Ord. 1137 §1 [part], 1974). F. "Inoperative vehicle" shall mean a vehicle that cannot be moved under its own power or vehicles not currently registered with the Department of Motor Vehicles excluding those vehicles that have been filed as a non -operational status vehicle. Section 11.38.050 - Enforcement. Except as otherwise provided herein, the provisions of this chapter shall be administered and enforced by the Code Enforcement Officer and/or any designated police department employee. In the enforcement of this chapter such officer and his deputies 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. (Ord. 1257 §1 [part], 1977: Ord. 1137 §1 [part], 1974). Section 11.38.140 - Notice to Department of Motor Vehicles and, to Department of Justice. Within five days after the date of removal of the vehicle, or parts thereof, notice shall be given to the Department of Motor Vehicles identifying the vehicle or parts thereof removed. At the same time there shall be transmitted to the Department of Motor Vehicles any evidence or registration available, including registration certificates, certificates of title and license plates according to the provisions of section 22852 of the Vehicle Code. The Department of Justice shall be notified upon the removal of the vehicle according to the 2 provisions of section 22523 of the Vehicle Code. Section 11.38.160 - Prohibition of Abandonment Fine, Cost of Removal and Disposition. A. No person shall abandon a vehicle upon any highway. B. No person shall abandon a vehicle upon public or private property without the express or implied consent of the owner or person in lawful possession or control of the property. C. Any person convicted of a violation of this section shall be punished by a fine of not less than one hundred dollars ($100) and shall provide proof that the costs of removal and disposition of the vehicle have been paid. No part of any fine imposed shall be suspended. The fine may be paid in installments if the court determines that the defendant is unable to pay the entire amount in one payment. D. Proof that the cost of removal and disposition of the vehicle have been paid shall not be required if proof is provided to the court that the vehicle was stolen prior to the abandonment. That proof may consist of a police report or other evidence acceptable to the court. E. The costs required to be paid for the removal and disposition of any vehicle determined to be abandoned pursuant to section 22669 shall not exceed those for towing and seven days of storage. This subdivision does not apply if the registered owner or legal owner has completed and returned to the lien holder a "Declaration of Opposition" form within the time specified in section 22851.8 CVC. Section 11.38.170 - Presumption. Overcomina Presumption. A. The abandonment of any vehicle in a manner as provided in section 11.38.060 shall constitute a prima facie presumption that the last registered owner of record is responsible for the abandonment and is thereby liable for the cost of removal and disposition of the vehicle. B. An owner who has made a bona fide sale or transfer of a vehicle and has delivered possession of the vehicle to a purchaser may overcome the presumption prescribed in subdivision (A) by 3 demonstration that he or she has complied with section 5900 of the Vehicle Code or providing other proof satisfactory to the court. DIVISION 2: If any section, subsection, sentence, clause, or phrase of this ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this ordinance. The Council hereby declares that it would have adopted the ordinance and each section, subsection, sentence, clause, or phrase thereof, irrespective of the fact that any one or more section, subsections, sentences, clauses, or phrases be declared invalid. DIVISION 3: This ordinance shall be published once in full before its final passage in a newspaper of general circulation, published and circulated in the City of San Rafael, and shall be in full force and effect thirty (30) days after its final passage. ALERS` J .40, Maydr Attest: JE NF M. LEONC NI, City Clerk The foregoing Ordinance No. 1621 was read and introduced at a regular meeting of the City Council of the City of San Rafael, held on the 6th day of July, 1992, and ordered passed to print by the following vote, to wit: AYES: COUNCILMEMBERS: Breiner, Cohen, Shippey, Thayer & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None and will come up for adoption as an ordinance of the City of San Rafael at a regular meeting of the Council to be held on the 20th day of July, 1992. J M. LEONCI9 , City Clerk 4