HomeMy WebLinkAboutOrdinance 1257 (Abate Abandoned Vehicles)CLERIC'S CERTIFICATE
I, MARION A. GRADY, City Clerk of the City pf San
Rafael, and Ex -officio Clerk of the Council of said City do
hereby certify that the foregoing Charter Ordinance mo. 1257
entitled:
An Ordinance of the City of San Rafael amending Chapter
11.38, Abandoned Vehicles, of the San Rafael Municipal
Code by Authorizing the Code Enforcement Officer to
Abate Abandoned Behicles.
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 18th
day of April 19 77 Published as re-
quired by City Charter in the
a newspaper printed and published in the City of Sam Rafael and
passed and adopted as an ordinance of said City at a
U
regular meeting of the City Council of said City held on the
2nd day of May 19 77 by the following
vote, to -wit:
Ayes: Councilmen: Jensen, Miskimen, Mulryan and Mayor Bettini
Noes: Councilmen: None
Absent: Councilman: Nixon
WITNESS my hand and the official seal of
the City of San Rafael this day of
19
MARION A. GRADY, City Clerk
ORDINANCE NO. 1257
AN ORDINANCE OF THE CITY OF SAN RAFAEL
AMENDING CHAPTER 11.38, ABANDONED VEHICLES,
OF THE SAN RAFAEL MUNICIPAL CODE
BY AUTHORIZING THE CODE ENFORCEMENT OFFICER
TO ABATE ABANDONED VEHICLES
THE CITY COUNCIL OF THE CITY OF SAN RAFAEL DO ORDAIN AS FOLLOWS:
DIVISION 1. The following Sections of Chapter 11.38,
Abandoned Vehicles, of the San Rafael Municipal Code are hereby
amended to read in their entirety as follows:
11.38.050 Enforcement. Except as otherwise provided herein,
the provisions of this Chapter shall be administered and enforced by
the Code Enforcement Officer. In the enforcement of this Chanter 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.
11.38.080 Nuisance Abatement. Upon discovering the existence
of an abandoned, wrecked, dismantled or inoperative vehicle, or Darts
thereof, on private property or public property within the City, the
Code Enforcement Officer shall have the authority to cause the abate-
ment and removal thereof in accordance with the procedure prescribed
herein.
11.38.090 Abatement Procedure. A ten-day notice of intention
to abate and remove the vehicle, or parts thereof, as a public nuisance
shall be mailed by registered or 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:
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"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 Chapter 11.38 of the Municipal Code of the City of San Rafael
has determined that there exists upon said land an (or parts of an)
abandoned, wrecked, dismantled or inoperative vehicle registered to ...
license number which constitutes a public nuisance pursuant to
the provisions of Chapter 11.38 of the San Rafael Municipal Code.
You are hereby notified to abate said nuisance by the removal
of said vehicle (or said parts of a vehicle) within 10 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 10
days after the mailing of this notice of intention request a public
hearing and if such a request is not received by the Code Enforcement
Officer within such 10 day period, the Code Enforcement Officer 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 10 day period denying responsibility for the presence of
said vehicle (or said marts 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 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.
NoticeMailed .. .. ....... (s) ..............................
(date)
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"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 (des-
cription of vehicle - make, model, license, etc.), you are hereby no-
tified that the undersigned pursuant to Chapter 11.38 of the San Rafael
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 11.38 of the
San Rafael Municipal Code.
You are hereby notified to abate said nuisance by the removal
of said vehicle (or said parts of a vehicle) within 10 days from the
date of mailing 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 10 days after the mailing of this notice of intention, request
a public hearing, and if such a request is not received by the Code
Enforcement Officer within such 10 -day period, the Code Enforcement
Officer shall have the authority to abate and remove said vehicle (or
said parts of a vehicle) without a hearing.
NoticeMailed ................ (s) ..........................
(date)
11.38.100 Hearing Request. Upon request by the owner of
the vehicle or owner of the land received by the Code Enforcement
Officer within ten days after the mailing of the notices of intention
to abate and remove, a public hearing shall be held by the City
Manager, or his designated representative, on the question of abate-
ment 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.
=cam
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-day period, the statement shall be construed as a re-
quest for a hearing which does not require his presence. Notice of
the hearing shall be mailed, by registered or certified mail, at least
ten 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 identifica-
tion numbers are not available to determine ownership. If such a re-
quest for hearing is not received within ten days after mailing of the
notice of intention to abate and remove, the City shall have the au-
thority to abate and remove the vehicle, or parts thereof, as a public
nuisance without holding a public hearing.
DIVISION 2. This Ordinance shall be published once in full
before its final passage in the Independent Journal , a newspaper of
general circulation, printed, published, and circulated in the City
of San Rafael, and shall be in full force and effect thirty (30) days
after its final passage.
C. AUL BETTINI, Mayor
Attest:
l.uciLa-d 4x
,
MARION A. GRADY, City Cter7
The above and foregoing Ordinance No. 1257 was read and
introduced at a regular meeting of the City Council of the City
of San Rafael, held on the 18th day of April , 1977, and ordered
passed to print by the following vote, to -wit:
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN : 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 2nd day of
May 1977.
MARION A. GRADY, City Clerk
RENEE 0UrtDiJaU - Deputy City .Clgrh
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