AUGUST 2, 2005 ADOPTION OF ORDINANCE NO. 423 - PROHIBITING VEHICLES PARKED ON PUBLIC PROPERTY FROM BEING USED AS DWELLING UNITS AND ALLOWING THE CITY TO ESTABLISH A FEE TO REIMBURSE THE CITY FOR HAVING VEHICLES REMOVED, IMPOUNDED AND STORED AUGUST 2, 2005 ADOPTION OF ORDINANCE NO. 423 - PROHIBITING VEHICLES PARKED ON PUBLIC PROPERTY FROM BEING USED AS DWELLING UNITS AND ALLOWING THE CITY TO ESTABLISH A FEE TO REIMBURSE THE CITY FOR HAVING VEHICLES REMOVED, IMPOUNDED AND STORED

TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL

FROM: ASSISTANT CITY MANAGER/CITY CLERK

DATE: AUGUST 2, 2005

SUBJECT: ADOPTION OF ORDINANCE NO. 423 - PROHIBITING VEHICLES PARKED ON PUBLIC PROPERTY FROM BEING USED AS DWELLING UNITS AND ALLOWING THE CITY TO ESTABLISH A FEE TO REIMBURSE THE CITY FOR HAVING VEHICLES REMOVED, IMPOUNDED AND STORED

RECOMMENDATION

Adopt Ordinance No. 423, an Ordinance of the City of Rancho Palos Verdes Establishing the Authority to Adopt a Fee to Reimburse the City for the Costs Incurred in Connection with the Removal, Impoundment and Storage of Vehicles and Prohibiting the Parking of Vehicles that are Used as Dwellings on City Streets and Parking Lots and Amending the Rancho Palos Verdes Municipal Code.

DISCUSSION

On July 5, 2005, the City Council introduced Ordinance No. 423 to amend Title 10, Vehicles and Traffic, of the Rancho Palos Verdes Municipal Code. The introduction of Ordinance 423 constituted the first reading of the Ordinance. If the second reading of Ordinance No. 423 is adopted by the City Council this evening, the effective date of the Ordinance will be September 2, 2005, which is thirty (30) days from the adoption date.

Respectfully submitted:

Carolynn Petru

Assistant City Manager/City Clerk

Reviewed,

Les Evans

City Manager

Attachment:

Ordinance No. 423

ORDINANCE NO. 423

AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES ESTABLISHING THE AUTHORITY TO ADOPT A FEE TO REIMBURSE THE CITY FOR THE COSTS INCURRED IN CONNECTION WITH THE REMOVAL, IMPOUNDMENT AND STORAGE OF VEHICLES AND PROHIBITING THE PARKING OF VEHICLES THAT ARE USED AS DWELLINGS ON CITY STREETS AND AMENDING THE RANCHO PALOS VERDES MUNICIPAL CODE

THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES DOES HEREBY ORDAIN AS FOLLOWS:

Section 1: Chapter 10.04 of Title 10 of the Rancho Palos Verdes Municipal Code is hereby amended by adding new Section 10.04.030 thereto to read as follows:

"10.04.030 Parking vehicles that are being used as a dwelling unit for habitation-- prohibited.

No person shall park any type of motorized or non-motorized vehicle that is being occupied or used as a dwelling upon any highway, roadway, parkway, street, public right-of-way or parking lot within the City. This Section shall not apply to vehicles parked on private property for which a temporary guest permit has been issued by the Director of Planning, Building and Code Enforcement pursuant to Section 8.24.060 A 6 e of this Code."

Section 2: Chapter 10.08 of Title 10 of the Rancho Palos Verdes Municipal Code is hereby amended by adding new Section 10.08.030 thereto to read as follows:

"10.08.030 Establishment of fee to reimburse the City for the actual costs incurred by the City in connection with the towing and impounding of vehicles-- authorized.

(a) The City Council, by adoption of a resolution, may establish a fee to reimburse the City for the actual costs incurred by the City in connection with the proper removal or impoundment of any vehicle from a location within the City, pursuant to the provisions of this Chapter or the California Vehicle Code, or the storage of such vehicle. The fee shall be imposed only upon the registered owner of the vehicle that was properly removed, impounded or stored or upon the agent of that owner.

(b) Owners of vehicles that are released from being impounded or stored shall be exempt from the payment of this fee upon submission of verifiable proof that the vehicle was reported stolen at the time when the vehicle was removed or impounded or are otherwise exempt from the payment of administrative fees pursuant to the provisions of Section 22850.5 of the California Vehicle Code.

(c) The fee shall be due and owing to the City at the time of the release of the vehicle and may be collected by the Los Angeles County Sheriff’s Department or by the City Manager’s designee. Towing companies and impound companies that collect fees for towing, impounding or storing vehicles within the City of Rancho Palos Verdes shall collect the fee on behalf of the City at the time of the release of the vehicle and shall remit monthly to the City Manager or the City Manager’s designee said fee for each vehicle that is removed, impounded or stored. The monthly remittance shall be accompanied by an accounting of the accrued fees."

Section 3: The City Council declares that, should any provision, section, paragraph, sentence, or word of this ordinance be rendered or declared invalid by any final action in a court of competent jurisdiction, or by reason of any preemptive legislation, the remaining provisions, sections, paragraphs, sentences and words of this ordinance shall remain in full force and effect.

Section 4: The City Clerk shall cause this Ordinance to be posted in three (3) public places in the City within fifteen (15) days after its passage, in accordance with the provisions of Section 36933 of the Government Code. The City Clerk shall further certify to the adoption and posting of this Ordinance, and shall cause this Ordinance and its certification, together with proof of posting, to be entered in the Book of Ordinances of the Council of this City.

Section 5: This Ordinance shall go into effect and be in full force and effect at 12:01 a.m. on the thirty-first (31st) day after its passage.

PASSED, APPROVED and ADOPTED this 2nd day of August , 2005.

 

_____________________________

Mayor

ATTEST:

___________________________

City Clerk

STATE OF CALIFORNIA )

COUNTY OF LOS ANGELES )ss
CITY OF RANCHO PALOS VERDES )

I, Carolynn Petru, City Clerk of the City of Rancho Palos Verdes, do hereby certify that the whole number of members of the City Council of said City is five; that the foregoing Ordinance No. 423 passed first reading on July 5, 2005, was duly and regularly adopted by the City Council of said City at a regular meeting thereof held on August 2, 2005, and that the same was passed and adopted by the following roll call vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

____________________________

City Clerk