HomeMy WebLinkAboutItem 6.3 Rev6.80MuniCd
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SUBJECT
CITY OF DUBLIN
AGENDA STATEMENT
CITY COUNCIL MEETING DATE: September 27, 1993
Public Hearing: Revision of Chapter 6.80
of the Dublin Municipal Code. Abatement
of Abandoned Vehicles
(Report prepared by Police Service
staff)
EXHIBITS ATTACHED
A)~ Draft Ordinance Amending Chapter
~.80
B) /ordinance Amending Chapter 6.80
RECOMMENDATION I:
(';
\
1)
2)
3)
4)
5)
6)
Open Public Hearing
Receive Staff Presentation
Receive Public Comment
Close Public Hearing
Deliberate
Waive reading and Adopt Ordinance
This program will reimburse the City of
Dublin for the abatement of abandoned
vehicles up to $18,335 per year for the
next five years.
DESCRIPTION On September 13, 1993, the city Council
adopted Resolution No. 107-93 amending Resolution No. 89-92,
Approving Establishment of and City of Dublin Participation in
the Alameda County Abandoned Vehicle Abatement Authority, and
introduced an ordinance which included revisions to Chapter 6.80
of the Dublin Municipal Code to incorporate "highway" which is
defined as a way or place of whatever nature, publicly maintained
and open to the use of the public for purposes of vehicular
travel.
FINANCIAL STATEMENT
Staff recommends that the City Council conduct a public hearing,
deliberate, waive the reading and adopt the ordinance.
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ITEM NO. ~
COPIES TO:
CITY CLERK
FILE~
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EXHIBIT A
ORDINANCE NO. - 93
ORDINANCE AMENDING CHAPTER 6.80 - DUBLIN MUNICIPAL COD~
ABATEMENT OF ABANDONED VEHICLES
SECTION 1: AMENDING OF SPECIFIC SECTIONS OF CHAPTER 6.80: Chapter
6.80 of the Dublin Municipal Code shall be amended to read as
follows:
I. Section 6.80.010 Declaration of "Policy.
The accumulation and storage of abandoned, wrecked, dismantled
or inoperative vehicles or parts thereof on private property
or public property ftoe including streets is hereby found to
create a condition tending to reduce the value of property, to
promote blight and deterioration, to invite plundering, to
create fire hazards, to constitute attractive nuisances
creating hazards to the health, safety and welfare of minors,
to create harborage for rodents and insects and to. be
injurious to the public health, safety and general welfare.
Therefore, the presence of an abandoned, wrecked, dismantled
or inoperative vehicle or part thereof on private property or
public property, ftoe including streets, is declared to
constitute a public nuisance which may be abated in accordance
with the provisions of this chapter.
II. section 6.80.20 Definitions
The following definitions shall govern the construction of
this chapter:
"Abandoned vehicle" means any vehicle which has been left on
private property or public property, oehe~-eftan highways, and
in which the owner has no active interest and no intent to
again claim a right or interest.
"Abandoned vehicle" means any vehicle which has been left on
pri vate or public property. or highways, and in which the
owner has no active interest and no intent to again claim a
right or interest.
"Accumulation" means the gathering together of vehicles or
parts of vehicles in quanti ties which are unreasonable in
relation to uses permitted in the zoning district in which
such vehicles or parts of vehicles are gathered together.
"Inoperative vehicle" means a vehicle in such condition that
it either physically or legally cannot be driven upon a street
without:
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1. Installation of a missing part
2. Replacement of a defective part; or
3. Registration and licensing.
"storage" means the keeping of one or more vehicles or one or
more parts of vehicles for a period of time which is
unreasonable in relation to uses permitted in the zoning
district in which such vehicles or parts of vehicles are kept.
"Wrecked vehicle" means a vehicle which has suffered physical
damage to the extent that it either physically or legally
cannot be driven upon a street.
"
III. section 6.80.150 Notice to Department of Motor Vehicles.
within five(5) days after abatement and removal, notice shall
be given to the Department of Motor Vehicles identifying the
vehicle or part thereof. Any evidence of registration
available, including, but not limited to, the registration
card, certificates of ownership, and license plans shall be
transmi tted together with such notice. Also. 'Pursuant to
section 22853 of the Vehicle Code. the Department of Justice
must be advised of the abatement of a vehicle.
SECTION 2: POSTING OF ORDINANCE: The City Clerk of the City of
Dublin shall cause this Ordinance to be posted in at least three
(3) public places in the City of Dublin in accordance with section
36933 of the Government Code of the state of California.
PASSED, APPROVED AND ADOPTED this
AYES:
day of
1993.
NOES:
ABSENT:
ABSTAIN:
Mayor
ATTEST:
City Clerk
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EXHIBIT B
ORDINANCE NO. - 93
ORDINANCE AMENDING CHAPTER 6.80 - DUBLIN MUNICIPAL CODE
ABATEMENT OF ABANDONED VEHICLES
SECTION 1: AMENDING OF SPECIFIC SECTIONS OF CHAPTER 6.80: Chapter
6.80 of the Dublin Municipal Code shall be amended to read as
follows:
1. section 6.80.010 Declaration of ..Policy.
The accumulation and storage of abandoned, wrecked, dismantled
or inoperative vehicles or parts thereof on private property
or public property including streets is hereby found to
create a condition tending to reduce the value of property, to
promote blight and deterioration, to invite plundering, to
create fire hazards, to constitute attractive nuisances
creating hazards to the health, safety and welfare of minors,
to create harborage for rodents and insects and to be
injurious to the public health, safety and general welfare.
Therefore, the presence of an abandoned, wrecked, dismantled
or inoperative vehicle or part thereof on private property or
public property, including streets, is declared to constitute
a public nuisance which may be abated in accordance with the
provisions of this chapter.
II. section 6.80.20 Definitions
The following definitions shall govern the construction of
this chapter:
"Abandoned vehicle" means any vehicle which has been left on
private property or public property, or highways, and in which
the owner has no active interest and no intent to again claim
a right or interest.
"Accumulation" means the gathering together of vehicles or
parts of vehicles in quanti ties which are unreasonable in
relation to uses permitted in the zoning district in which
such vehicles or parts of vehicles are gathered together.
"Inoperative vehicle" means a vehicle in such condition that
it either physically or legally cannot be driven upon a street
without:
1. Installation of a missing part
2. Replacement of a defective part; or
3. Registration and licensing.
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"storage" means the keeping of 'one or more vehicles or one or
more parts of vehicles for a period of time which is
unreasonable in relation to uses permitted in the zoning
district in which such vehicles or parts of vehicles are kept.
"Wrecked vehicle" means a vehicle which has suffered physical
damage to the extent that it either physically or legally
cannot be driven upon a street.
III. section 6.80.150 Notice to Department of Motor Vehicles.
Within five(5) days after abatement and removal, notice shall
be given to the Department of Motor Vehicles identifying the
vehicle or part thereof. Any evidence of registration
available, including, but not limited to, the registration
card, certificates of ownership, and license plans shall be
transmi tted together with such notice. Also, pursuant to
Section 22853 of the Vehicle Code, the Department of Justice
must be advised of the abatement of a vehicle.
SECTION 2: POSTING OF ORDINANCE: The city Clerk of the city of
Dublin shall cause this Ordinance to be posted in at least three
(3) public places in the City of Dublin in accordance with section
36933 of the Government Code of the state of California.
PASSED, APPROVED AND ADOPTED this
AYES:
day of
1993.
NOES:
ABSENT:
ABSTAIN:
Mayor
ATTEST:
City Clerk