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HomeMy WebLinkAbout1464 - ORDINANCES - 12/1/1993 ORDINANCE NO. 1464 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, .AIVIENDING SECTION 11.80 .090 OF THE PALM SPRINGS MUNICIPAL CODE, PROVIDING FOR THE ABATEMENT OF A LOW-VALUED VEHICLE. WHEREAS Palm Springs Municipal Code Chapter 11. 80 relating to Abandoned Vehicles does not provide the requisite flexibility for the full range of abatement for low-valued vehicles permitted by State law; and WHEREAS Section 22661 (c) of the California Vehicle Code provides for special treatment for the abatement of low-valued vehicles; and WHEREAS the California Highway Patrol has required the City of Palm Springs to amend its Municipal Code pursuant to Section 22661 (c) of the State Vehicle Code as a condition of participation in the Riverside County Abandoned Vehicle Abatement Program; and WHEREAS the City Council adopted a resolution, on July 7, 1993 , endorsing the establishment of a County-wide service authority for the purpose of a new County Abandoned Vehicle Abatement (AVA) Program; and WHEREAS the City Council has deemed that participation in this program is beneficial to the City as it will allow for cost recovery up to $28, 553 annually for the next five years for the purpose of abatement and removal of abandoned vehicles on both public and private property. NOW, THEREFORE, IN CONSIDERATION OF ALL THE FOREGOING, THE CITY COUNCIL OF TIME CITY OF PALM SPRINGS DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Section 11. 80.090 of the Palm Springs; Municipal Code shall be amended to read as follows: 1111.80 . 090 Ten-day notice required. A ten-day notice of intention to abate and remove the vehicle, or part thereof, as a public nuisance shall be issued unless the property owner and the owner of the vehicle have signed releaoes authorizing removal and waiving further interest in the vehicle or part thereof. Such ten-day notice of intention to abate shall be mailed by registered or certified mail to the owner of the land, as shown on the .last equalized assessment roll, and to the last registered and legal owner of record of the vehicle, unless the vehicle is in such condition that identification numbers are not available to determine ownership. The ten-day notice is not required ;for removal of a vehicle or part thereof which is inoperable due to the absence of a motor, transmission or wheels and incapable of being towed, is valued less than two hundred dollars ($200) , and is a public nuisance presenting an immediate threat to public health or safety, provided that the property owner has signed a release authorizing removal and waiving further interest in the vehicle or part thereof. Prior to final disposition of such a vehicle or part for which evidence of registration was recovered, notice shall be provided to the registered and legal owners of intention to dispose of the vehicle or part, and if the vehicle or part is not claimed and removed within 12 days after the notice is mailed, disposition may proceed. R l . - Ord 1464 Page 2 r The notices of intention shall be in substantially the following forms: [EXISTING FORMS] NOTICE OF INTENTION TO DISPOSE OF AN INOPERATIVE VEHICLE OR PART THEREOF 1?S 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 11. 80. 090 of the Palm Springs Municipal Code has determined that said vehicle (or parts of a vehicle) exists as an inoperative: vehicle with a value of less than $200, and constitutes a public nuisance pursuant to the provisions of Chapter 11a80 of the Palm Springs Municipal Code, as amended, and as such has been removed from (describe location on public or private property) and placed for final disposition at (describe location) . You are hereby notified that you have 12 days from the date of mailing of thiss notice to claim and remove subject vehicle or part thereof or else final disposition shall proceed. Notice mailed /s/ . SECTION 2 . EFFECTIVE DATE. This^, Ordinance shall be in full force and effect thirty (30) days after passage. ADOPTED THIS 1st day of December _ 1993 . AYES; Members Hodges, Lyons, Reller-•Spurgin, Schlendorf and Mayor Mar,yanov NOES: None ABSENT: None ATTEST: CITY O ALM SPRINGS, CAL'IFORNIA City'Clerk Manor R13V'IEWED & APPROVED I HEREBY CERTIFY that the foregoing Ordinance 1464 was duly adopted by the City Council of the City of Palm Springs, California, in a meeting held on the 1st day of December, 1993, and that same was duly published in the DESERT SUN, a newspaper of general circulation on December 7 , 1.993. �—-JUDITH SUMICH City Clerk