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File #: 20-1787    Version: 1
Type: Consent Calendar Status: Passed
File created: 7/21/2020 In control: City Council/Public Financing Authority
On agenda: 8/3/2020 Final action: 8/3/2020
Title: Adopt Ordinance No. 4201 repealing Chapter 8.48 and adopting a new Chapter 8.48 of the Huntington Beach Municipal Code (HBMC) relating to Public Nuisance Abatement of Abandoned, Wrecked, Dismantled or Inoperative Vehicles Approved for introduction July 20, 2020 - Vote: 7-0
Attachments: 1. Att#1 Ordinance 4201, 2. Att#2 Legislative Draft Adopting New 8.48, 3. Att#3 Legislative Draft Replealing 8.48, 4. PPT- HBMC 8.48

REQUEST FOR CITY COUNCIL ACTION

 

SUBMITTED TO:                     Honorable Mayor and City Council Members                     

 

SUBMITTED BY:                     Oliver Chi, City Manager

 

PREPARED BY:                     Ursula Luna-Reynosa, Director of Community Development

 

Subject: 

title

Adopt Ordinance No. 4201 repealing Chapter 8.48 and adopting a new Chapter 8.48 of the Huntington Beach Municipal Code (HBMC) relating to Public Nuisance Abatement of Abandoned, Wrecked, Dismantled or Inoperative Vehicles

Approved for introduction July 20, 2020 - Vote: 7-0

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Statement of Issue:

Code Enforcement often receives requests for service from the community regarding inoperable and abandoned vehicles on private property.  There is a need to amend Huntington Beach Municipal Code Chapter 8.48 Inoperable Vehicles to update the process for abatement of Inoperable and Abandoned Vehicles consistent with the California Vehicle Code.  If adopted by the City Council, the proposed amendment will enable the Code Enforcement Division to be more responsive to the citizens of Huntington Beach and improve the City’s enforcement actions.

 

Financial Impact:

Not applicable.

 

Recommended Action:

recommendation

Adopt Ordinance No. 4201, “An Ordinance of the City of Huntington Beach Repealing Chapter 8.48 and Adopting New Chapter 8.48 of the Huntington Beach Municipal Code Relating to Public Nuisance Abatement of Abandoned Vehicles.”

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Alternative Action(s):

Do not approve the recommended action and direct staff accordingly.

 

Analysis:

Since Chapter 8.48 of the Huntington Beach Municipal Code was originally adopted, updates to the California Vehicle Code relating to the process for the abatement of inoperable vehicles have been passed by the State.  As the Community Development Department Code Enforcement Division works to modernize the City’s processes, the need to update this code chapter has become necessary.

 

If the proposed amendment is adopted by the City Council, the Code Enforcement Division will be able to cause the abatement by removal of inoperable vehicles on private property, thereby enhancing the City’s enforcement actions.

 

On an annual basis, Code Enforcement receives an average of 170 reported violations of abandoned and inoperable vehicles on private properties.  The current process involves the issuance of a Notice of Violation, Final Notice, three different levels of civil citations, and further review by the City Attorney’s Office for other legal remedies.  The entire duration of this process can take three (3) to five (5) months before an abandoned and inoperable vehicle violation is fully resolved.  The proposed amendment provides a more efficient process for resolving these types of violations.

 

Environmental Status:

The proposed Huntington Beach Municipal Code amendments are exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15061 (b) (3) of the CEQA Guidelines because there is no potential for the amendments to have a significant effect on the environment.

 

Strategic Plan Goal:

Enhance and maintain high quality City services

 

Attachment(s):

1.                     Ordinance 4201 amending Chapter 8.48 relating to Inoperable Vehicles

2.                     Legislative Draft - Chapter 8.48 - New

3.                     Legislative Draft - Chapter 8.48 - Repealing