Temple City Municipal Code Ch. 2 Nuisances

HIGHWAY: 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.

PUBLIC PROPERTY: Shall not include "highway".

VEHICLE: A device by which any person or property may be propelled, moved, or drawn upon a highway, except a device moved by human power or used exclusively upon stationary rails or tracks. (1960 Code)

The accumulation and storage of abandoned, wrecked, dismantled, or inoperative vehicles or parts thereof, except as expressly herein permitted, on private or public property (not including highways) 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.

A. The presence of an abandoned, wrecked, dismantled or inoperative vehicle or part thereof, on private or public property (not including highways), except as expressly herein permitted, may be declared to constitute a public nuisance and abated as such in accordance with the provisions of sections 4-2A-0 through 4-2A-16 of this article and section 22660 of the Vehicle Code.

B. A vehicle is deemed "inoperative" if the vehicle is: 1) mechanically incapable of being driven; or 2) prohibited from being operated on a public street or highway pursuant to Vehicle Code section 4000, 5202, 24002, or 40001, concerning license plates, registration, equipment, safety and related matters. (1960 Code; amd. Ord. 75-409; Ord. 98-824)

Sections 4-2A-0 through 4-2A-16 of this article shall not apply to:

A. A vehicle or part thereof which is completely enclosed within a building in a lawful manner where it is not visible from the street or other public or private property; or

B. A vehicle or part thereof which is stored or parked in a lawful manner on private property in connection with the business of a licensed dismantler, licensed vehicle dealer, a junk dealer, or when such storage or parking is necessary to the operation of a lawfully conducted business or commercial enterprise; or

C. A vehicle which has remained inoperative for less than seventy two (72) hours accumulated; provided, however, that this exception shall not apply to vehicles stored or parked in front yard areas.

D. A vehicle classified as a genuine antique, or collector's item, and licensed as such under applicable state law, specifically the state of California Vehicle Code, "vehicles of historic value" section 5004, "model year date license plates" section 5004.1, "pre-1943 motorcycles" section 5004.5, and "street rod vehicle plates" section 5004.6.

Nothing in this section shall authorize the maintenance of a public or private nuisance as defined under provisions of law other than chapter 10 (commencing with section 22650) of division 11 of the Vehicle Code. (1960 Code; amd. Ord. 75-409; Ord. 98-828)

Sections 4-2A-0 through 4-2A-16 of this article are not the exclusive regulation of abandoned, wrecked, dismantled or inoperative vehicles within the city; instead shall supplement and be in addition to the other regulatory provisions heretofore or hereafter enacted by the city, the state, or any other legal entity or agency having jurisdiction. (1960 Code)

Except as otherwise provided herein, the provisions of sections 4-2A-0 through 4-2A-16 of this article shall be administered and enforced by the city manager. In such enforcement, the city manager or his subordinates may enter upon private or public property to examine a vehicle or parts thereof or to obtain information as to the identity of a vehicle. Where permission is refused, search orders may be obtained. (1960 Code)

Where the city manager determined that there is such an abandoned, wrecked, dismantled or inoperative vehicle, he shall give written notice of such determination either: a) by personally serving the occupant of such premises, or b) by placing or affixing such notice to the vehicle or parts thereof. The notice shall state the date, the determination as defined in section 4-2A-0 of this article and prescribe a minimum of forty eight (48) hours within which the vehicle or part thereof shall be removed. A copy of such notice shall be promptly delivered to the city clerk. (1960 Code; amd. Ord. 98-824)

Notice of such hearing shall be mailed at least ten (10) days before the hearing by certified mail, with a five (5) day return requested, to the owner of the land as shown on the last equalized county assessment roll and to the last registered and legal owner of record if numbers are not available to determine ownership. If any of the foregoing notices are returned undelivered by the United States post office, the hearing shall be continued to a date not less than ten (10) days from the date of such return. (1960 Code)

Upon receipt of a copy of the notice set forth in sections 4-2A-5 and 4-2A-6 of this article and expiration of the forty eight (48) hour period, the city manager shall present the violation to the city council at its regular meeting, but in no event less than fifteen (15) days from the date stated on such notice. At such meeting of the city council, a public hearing shall be held on the question of public nuisance, and abatement and removal of the vehicle or part thereof as an abandoned, wrecked, dismantled or inoperative vehicle and the assessment of administrative costs and costs of removal of the vehicle or part thereof against the property on which it is located. (1960 Code; amd. Ord. 98-824)

Notice of hearing shall also be given to the California highway patrol identifying the vehicle or part thereof proposed for removal; such notice to be mailed at least ten (10) days prior to the public hearing. (1960 Code)

Hearings held as required by these sections shall be conducted as follows:

A. All such hearings shall be held before the city council which shall hear all facts and testimony it deems pertinent. Said facts and testimony may include testimony on the condition of the vehicle or part thereof and the circumstances concerning its location on the said private property or public property, the effect of such upon adjoining properties and whether a public nuisance has been created thereby. The city council shall not be limited by the technical rules of evidence. The owner of the land on which the vehicle is located may appear in person at the hearing or present a written statement in time for consideration at the hearing, and deny responsibility for the presence of the vehicle on the land, with reasons for such denial.

B. The city council may impose such conditions and take such other action as it deems appropriate under the circumstances to carry out the purpose hereof. It may delay the time for removal of the vehicle or part thereof if, in its opinion, the circumstances justify it. At the conclusion of the public hearing, the city council may: 1) find that a vehicle or part thereof has been abandoned, wrecked, dismantled, or is inoperative on private or public property; and 2) issue its written order to have the same removed from the property as a public nuisance and disposed of as hereinafter provided; and 3) determine whether the administrative costs and the cost of removal are to be charged against the owner of the parcel of land on which the vehicle or part thereof is located. The order requiring removal shall include a description of the vehicle or part thereof and the correct identification number and license number of the vehicle, if located thereon.

C. If it is determined at the hearing that the vehicle was placed on the land without the consent of the landowner and that he has not subsequently acquiesced in its presence, the city council shall not assess costs of administration or removal of the vehicle against the property upon which the vehicle is located or otherwise attempt to collect such costs from such landowner.

D. If an interested party makes a written presentation to the city council but does not appear, he shall be notified in writing of the decision. (1960 Code; amd. Ord. 75-409; Ord. 98-824)

At the conclusion of the hearing if the city council determines that a public nuisance exists, it shall adopt a resolution declaring such motor vehicle to be a public nuisance and ordering abatement thereof which order shall be served in the same manner as described above. (1960 Code; amd. Ord. 98-824)

When the city council has contracted with or granted a franchise to any person or persons, such person or persons shall be authorized to enter upon private property or public property to remove or cause the removal of a vehicle or parts thereof declared to be a nuisance pursuant thereto. (1960 Code)

The costs of removal and abatement shall be the actual charges submitted by the person or persons under contract or franchise with the city for such removal. The administrative costs are hereby determined to be twenty five dollars ($25.00) per removal. (1960 Code)

Six (6) days after the mailing of the order declaring the vehicle or parts thereof to be a public nuisance and ordering its removal, the city may cause the vehicle or parts thereof to be disposed of by removal to a scrap yard or automobile dismantler's yard or other suitable site. (1960 Code; amd. Ord. 98-824)

Within five (5) days after the date of removal of the vehicle or part thereof, notice shall be given to the department of motor vehicles identifying such vehicle or part thereof. 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. (1960 Code)

If the administrative costs and the cost of removal which are charged against the owner of a parcel of land pursuant to section 4-2A-9 of this article are not paid within thirty (30) days of the date of the order, or the final disposition of an appeal therefrom such costs shall be assessed against the parcel of land pursuant to section 38773.5 of the Government Code and shall be transmitted to the tax collector for collection. Said assessment shall have the same priority as other city taxes. (1960 Code)

ARTICLE B. POLITICAL SIGNS AND HANDBILLS

SECTION:

The city council of the city of Temple City hereby declares that its intent in adopting reasonable and nondiscriminatory regulations pertaining to the placement and removal of political signage is to provide for the health, safety, and welfare of the general public. The city council further declares that it would have passed and does hereby pass this article and each sentence, section, clause, and phrase hereof, irrespective of the fact that any one or more sections, sentences, clauses, or phrases be declared invalid or unconstitutional. (Ord. 02-875)

As used in this article, the following terms shall be defined as set forth herein:

PARKWAY: A landscaped area between the edge of curb and the front of sidewalk.

POLITICAL: Relating to or concerning an election, a candidate for election, or a ballot proposition. (Ord. 02-875)

Political signage may be placed in the public right of way in accordance with the following restrictions:

A. When curb/gutter and sidewalk is present: Political signs are allowed in an area which is a minimum of two feet (2') (24 inches) behind the back of sidewalk;

B. When curb and gutter (but no sidewalk) is present: Political signs are allowed in an area which is a minimum of six feet (6') (72 inches) behind the back of the curb;

C. When neither curb/gutter nor sidewalk is present: Political signs are allowed in an area which is a minimum of six feet (6') (72 inches) behind the edge of pavement;

D. On those streets with a parkway, political signs are not allowed in the parkway area. Political signage is allowed in the area a minimum of two feet (2') (24 inches) behind the back of sidewalk;

E. No part of the sign, including both the post and sign face, shall encroach into the areas designated above. (Ord. 02-875)

The regulations provided in this article shall apply only to areas within the public right of way. Political signs placed solely upon private property shall not be subject to this article. (Ord. 02-875)

Signs not in compliance with section 4-2B-2 of this article are hereby designated and constitute a public nuisance within this city and shall be subject to abatement and lien as provided in section 38771 et seq., of the California Government Code.

The following "special abatement procedures" shall apply:

A. Political signs not posing an immediate threat to health, safety, and welfare, placed in violation of section 4-2B-2 of this article shall be subject to removal by the city. Prior to removal, the city manager shall cause a "notice of violation and pending removal" to be delivered to the last known address of the candidate, party, and/or proponent/opponent responsible for placing the sign. Said notice shall be delivered by the United States postal service or other recognized overnight courier service and shall be deemed delivered at five o'clock (5:00) P.M. on the third day following deposit thereof in the United States postal service (or 5:00 P.M. on the day following deposit with the courier service). The notice shall inform the recipient of the location(s) of signs in violation of this article, the time after which the signs may be removed by the city, and the storage period and storage area provided for in subsection D of this section should the signs be removed. Failure of the recipient to remove the signs prior to the time stated in the notice shall subject the signs to removal by the city.

B. A political sign which is deemed by the city manager to pose an immediate threat to health, safety, and welfare shall be subject to immediate removal by the city.

C. Political signs shall be removed from the public right of way within fifteen (15) days of the conclusion of an election. Signs remaining after the fifteen (15) day period shall be subject to the notice and removal provisions of this section.

D. Political signs removed by the city shall be stored at the city for a period of fifteen (15) days following the date of removal. Upon expiration of the storage period, the city may dispose of the political signs without compensation to the owner of the political signs. (Ord. 02-875)

A. No person shall paint, mark, or write on or post or otherwise affix any handbill or sign to or upon any sidewalk, crosswalk, curb, curbstone, street lamppost, hydrant, tree, shrub, tree stake or guard, railroad trestle, electric light or power or telephone or telegraph or trolley wire pole, or wire appurtenance thereof or upon any fixture of the fire alarm or police telegraph system or upon any lighting system, public bridge, drinking fountain, street sign or traffic sign, or traffic signal facilities.

B. Any handbill or sign found posted or otherwise affixed upon any public property contrary to the provisions of this section may be removed by the city manager or his designee. The person responsible for any such illegal posting shall be liable for the cost incurred in the removal thereof and the city manager is authorized to effect the collection of said costs.

C. Nothing in this section shall apply to the installation of a metal plaque or plate or individual letters or figures in a sidewalk commemorating a historical, cultural, or artistic event, location or personality for which the city manager has granted a written permit in accordance with the appropriate section of this code.

D. Nothing in this section shall apply to the painting of house numbers upon curbs done under permits issued by the city manager under and in accordance with the provisions of this code. (Ord. 02-875)

SECTION:

Part 1. Nuisances Enumerated

Part 2. Administrative Procedures For Abatement Of Nuisances

Part 3. Recordation, Enforcement And Attorney Fees