A.
Except when otherwise authorized by this Code or a permit issued by the Public Works Director, any item placed or left in the through pedestrian zone of a sidewalk as defined in Section 22.44.005(B)(6)(c) of this Code in a manner that interferes with the unobstructed use of the sidewalk is a public nuisance subject to immediate removal or impoundment by any employee of the Public Works Department.
B.
In the event any property of any description, except a vehicle, whether
an animal or other obstruction, shall be found existing, standing,
parked, erected or lying in or upon any part of any public street,
avenue, alley, sidewalk, thoroughfare, parkway, park or other public
place within the City in violation of and contrary to any of the rules,
regulations and ordinances of the City that are in effect, it is hereby
declared to be a nuisance, and may be removed and conveyed by or under
the direction of the Community Development Director, Public Works
Director or a member of the Police Department, or a duly constituted
agent thereof, to a designated place of impounding, to be kept until
redeemed or sold as provided in this chapter.
(Prior code §31.111; Ord. 2713, 1959; Ord. 4861, 1994; Ord. 6143, 2/27/2024)
It shall be the duty of the department authorizing the impound
immediately following the impounding of such property, where the ownership
is ascertainable, to send through the mails to such owner a letter,
stating that such property is impounded, giving the date and location
of its keeping, together with the information that before the owner
or person in charge of the property shall be permitted to remove the
same from the custody of the impounding department, evidence of identity
and ownership shall be required together with the fees necessary to
cover the cost of removal, storage and redemption.
(Prior code §31.111; Ord. 2713, 1959; Ord. 4861, 1994)
All property impounded as provided in this chapter shall be
retained until all costs of impounding, giving notice and redemption
shall have been paid. Such charges shall be set by resolution.
(Prior code §31.111; Ord. 2713, 1959; Ord. 4861, 1994)
If the owner or person having custody of such impounded property
fails or neglects to call and redeem the same within five days from
the date of giving notice as provided in this chapter, then the department
head, or designated agent authorizing the impound, shall proceed to
sell the property at public auction after giving notice of the time
and place of such sale in the same manner as required for the giving
of notice of the sale of personal property under execution, and shall
apply the proceeds of such sale: (1) to the payment of the costs and
expenses of such sale; (2) to the payment of the costs and expenses
of impounding and storing of the property, and the balance remaining
of such proceeds shall be paid to the person who shall furnish satisfactory
evidence of identity and ownership in the property.
(Prior code §31.111; Ord. 2713, 1959; Ord. 4861, 1994)
The City Council shall have authority to establish tow away
zones in the City, by resolution. Where tow away zones have been established,
any vehicle parked or left standing where signs have been posted,
giving notice of the authorized removal of such vehicles, may be removed
by any member of the Police Department authorized by the Chief of
Police to do so, in the manner and subject to the requirements of
the Vehicle Code.
(Prior code §31.112; Ord. 3157, 1966)
Whenever the Chief of Police, the Fire Chief, the City Water
Superintendent or the Public Works Director determines that an emergency
exists upon any City street or public parking area, and any vehicle
is parked in such manner as to impede the remedy of such an emergency,
such officer may cause such vehicle to be removed to the nearest legal
parking area. Upon removal of such vehicle, the person causing the
removal shall make every possible effort to notify the owner of such
vehicle of the reason for removal, the time of removal, and the location
from and to which such removal took place. Such notification shall
be made to the Police Department in writing within two hours of such
removal. An emergency under this section shall be a condition under
which public and/or private property is in danger and/or the continuation
of the condition will jeopardize the public health or safety.
(Prior code §31.112.1; Ord. 3156, 1966)
