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HomeMy WebLinkAbout1503 - ORDINANCES - 2/15/1995 ORDINANCE NO. 1503 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING 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 required 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 further 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 County Abandoned Vehicle Abatement (AVA) Program; and WHEREAS the City Council amended the Municipal Code on November 17, 1993 , as required by State Law to provide for initial participation in the 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 $23 , 553 annually 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 THE CITY OF PALM SPRINGS DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Section 11. 80. 090 of the Palm Springs Municipal Code shall be amended with the addition of the following: " (d) A notice of intention to abate shall not be required if (1) the property owner and the owner of the vehicle have signed releases authorizing removal and waiving further interest in the vehicle or part thereof, or (2) all. 'the following conditions are satisfied: (a) the vehicle or part thereof is inoperable due to the absence of a motor, transmission or wheels and is incapable of boring towed; (b) the vehicle or part thereof is valued at less than two hundred dollars ($200. 00) by the Police Chief of the City of Palm Springs or his designee; (c) the Department of Planning & Building has determined that the vehicle or part thereof is a public nuisance presenting an immediate ' threat to public health or safety; (d) the property owner has signed a release authorizing the removal and waiving further interest in the vehicle or part thereof; and (e) the vehicle is located upon a parcel that is either zoned for agricultural use or is not improved with a residential structure containing one or more dwelling units. If a vehicle is removed pursuant: to subdivision (2) , prior to final disposition, the registered or legal owner_ shall be notified of the intent to dispose of the vehicle or part nT thereof. If. the vehicle or part thereof is not claimed and removed from the scrapyard, automobile dismantler's yard or public disposal area within twelve (12) days after the notice 01503 Page 2 X1 r to dispose of vehicle is mailed, final disposition may proceed. " SECTION 2 . EFFECTIVE DATE. This Ordinance shall be in full force and effect thirty (30) days after passalge. ADOPTED THIS 1.5th day of February 1995. AYES: Members Hodges, Kleindienst, Lyons, Reller-Spurgin and Mayor Maryanov NOES: None ABSENT: None ATTEST: CITY OF FA M SPRINGS, CALIFORNIA By City.,Clerk Mayo` k REVIEWED & APPROVED AS TO FORM I HEREBY CERTIFY that the foregoing Ordinance 1503 was duly adoopted by the City Counci of the City of Palm Springs, California, in a meeting held on the 15th day of February, 1995, and was duly published in the DESERT SUN, a newspaper of general circulation on February 14, 1995. UDITH UMICH City Clerk '