HomeMy WebLinkAbout52-Facilities Management
~1~foF SAN BI!RNARDI~~RI!QriST FOR COUNCIL A~ION
From:
Wayne Overst.reet. Direc~o.r.~." _ '~h,,"1. CSiibject:
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Facilities Management ...., ,.V '. ~ -' ..-- :.1
ORDINANCE AMENDING CHAPTER 8.36
OF THE SAN BERNARDINO MUNICIPAL
CODE RELATING TO VEHICLE ABATEMENT
Dept:
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Date: May 25. 1990
Synopsis of Previous Council action:
Resolution No. 88-446 December 1988. ammending Municipal Code Section 8.36.050.
Recommended motion:
That further reading of the Ordinance be waived and said Ordinance
be laid over for final passage.
Contact person:
Wavne Overstreet
Phone: 5244
Supporting data attached: Yes Ward: City Wide
FUNDING REQUIREMENTS: Amount: None
Source: (Acct. No.)
(Acct. Descriotion)
Finance:
Council Notes:
75-0262
Agenda Item No
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CIT~ OF SAN BERNARDI~ - REQ~ST FOR COUNCIL Ag..ION
STAFF REPORT
December 1988 the Mayor and Common Council transferred the Vehicle
Abatement Program (VAP) from the Fire Department, to the Public
Buildings Division, Public Works Department (Reference Ordinance No.
MC-645, dated 12-07-88), July 1989 this program was expanded and a
Department of Facilities Management was authorized and the Public
Buildings Division was transferred to this new department. Several
changes were made as a result of this reorganization and expansion.
These changes were as follows:
1. Established four (4) equal geographical areas covering this
City. (approximately 22 to 24 square miles per area)
2. Authorized three (3) additional Parking Control Checkers,
radios, and vehicles.
3. Assigned appeal hearing procedures to the Board of Building
Commissioners.
4. Approved a CDBG funding application for $20,000. to help off
set equipment and personnel cost.
5. Adopted an Ordinance (No. MC-668) amending Municipal Codes to
establish administrative fees, citation authority, etc.
The majority of the ordinance amendments have been approved by the
Mayor and Council, however, in order to fully codify these actions it
was necessary to hold certain actions until State Laws were clarified
and we had obtained sufficient experience to insure other changes
were necessary.
We have now obtained all necessary clarification to State law, and
gained experience enough to recommend changes to our Municipal Code
to implement the entire program.
Based upon the number of complaints received since this program was
transfered to this department, it has been determined that,*" if we
would authorize the property owner or occupant to have one (1) or two
(2) inoperable vehicles in their back yard, with provisions that
vehicles be parked on an improved surface, be screened from view, and
all trash and debris be kept clear from the vehicle, the majority of
the resistance to this program would be eliminated.
Attached proposed ordinance has been fully staffed with and by the
City At torney's Of fice, and has been reviewed in detail by this
Department's staff and is so supported. Recommended for adoption.
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75-0264
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ORDINANCE NO.
AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING
CHAPTER 8.36 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO
VEHICLE ABATEMENT.
THE MAYOR AND COMMON COUNCIL OF SAN BERNARDINO DO ORDAIN AS
FOLLOWS:
Section 1.
Section 8.36.020 of the San Bernardino
Municipal Code is hereby amended as follows:
"8.36.020 Definitions.
Except as otherwise defined in this chapter, all terms used
in this chapter which are defined by applicable state law or this
Code are used in the chapter as so defined, unless from the
context it clearly appears that a different meaning is intended.
A. "Abandoned vehicle" means any vehicle left standing or
parked for seventy-two (72) or more consecutive hours upon a
street, alley, off-street parking facility, public property or
private property without the consent of the owner.
B. "Highway" means 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.
C. "Historic vehicle" means any vehicle which qualifies
under one of the following categories:
(1) Motor vehicle with an engine of 16 or more cylinders
manufactured prior to 1965.
(2) Vehicle manufactured in the year of 1922 or prior
thereto.
(3) Motor vehicle which was manufactured after 1922, is at
least 25 years old, and is of historic interest.
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D. "Inoperative vehicle or inoperable vehicle" means any
vehicle which is parked, resting, or otherwise immobilized and
which lacks an engine, transmission, wheels, tires, doors,
windshield, battery or any other part or equipment necessary to
operate safely on the highway.
E.
"Owner of the land"
means the owner of the land on
which the vehicle, or parts thereof, is located, as shown on the
last equalized assessment roll.
F. "Owner of the vehicle" means the last registered owner
and legal owner of record.
G. "Public Property" does not include ."highway."
H. "Vehicle" means 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.
I. "Vacant property" means any parcel of land which is
void of any buildings or structures."
Section 2.
Section 8.36.030 of the San Bernardino
Municipal Code is hereby amended as follows:
"8.36.030
Applicability.
This chapter shall not apply to:
A. A vehicle or a 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.
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, or a
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;,junkyard.
This exception shall not, however, authorize the
maintenance of a public or private nuisance as defined under
provisions of law.
C.
One inoperable vehicle per single family residence,
parked on an improved surface in a screened side or back yard
which is not visible from the street."
Section 3.
Section 8.36.050 of the San Bernardino
Municipal Code is hereby amended as follows:
"8.36.050 Administration and enforcement.
Except as otherwise provided in this chapter, the
provisions of this chapter shall be administered and enforced by
the Director of Facilities Management, or his representatives,
except that the removal of vehicle(s) or part(s) thereof from
property may be by any other duly authorized person. Any such
15 authorized person may enter upon private property for the
16 purposes specified in this chapter to examine a vehicle or parts
17 thereof, obtain information as to the identity of a vehicle, and
18 remove or cause the removal of a vehicle or part thereof declared
19 to be a nuisance pursuant to this chapter."
20
Section 8.36.080 of the San Bernardino
Section 4.
21 Municipal Code is hereby amended as follows:
22 "8.36.080 Abatement Authority.
23 Upon discovering the existence of an abandoned, wrecked,
24 dismantled, or inoperative vehicle, or parts thereof, on private
25 property or public property within the City, the Director of
26 Facilities Management, or his representatives shall have the
27 authority to cause the abatement and removal thereof in
28 accordance with the procedure prescribed in this chapter."
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Section 5.
Section 8.36.090 of the San Bernardino
Municipal Code is amended to read as follows:
"8.36.090 Ten-day notice required.
A ten-day notice of intention to abate and remove the
vehicle, or part thereof, as a public nuisance shall be issued.
Such ten-day notice of intention to abate shall be mailed by
certified mail or registered mail, return receipt requested, to
the owner of the land, as shown on the last equalized assessment
roll, and to the last registered owner and/or legal owner of
record of the vehicle, unless the vehicle is in such condition
that identification numbers are not available to determine
ownership.
The notices of intention shall be in substantially
the following forms:
'NOTICE OF INTENTION TO ABATE AND REMOVE AN
ABANDONED, WRECKED, DISMANTLED, OR
INOPERATIVE VEBICLE(S) OR PART(S) THEREOF
AS A PUBLIC NUISANCE
(Name and address of owner of the land)
As owner shown on the last equalized assessment roll of
the land located at (address), you are hereby notified that the
undersigned, pursuant to San Bernardino Municipal Code Section
8.36.080 has determined that there exists upon said land an
abandoned, wrecked, dismantled or inoperative vehicle or parts
thereof registered to
, license number
, which constitutes a public nuisance pursuant
to the provisions of San Bernardino Municipal Code Chapter 8.36.
You are hereby notified to abate said nuisance by the
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removal of said vehicle (or said parts of a vehicle) within 10
days from the date of mailing of this notice, and upon your
failure to do the same will be abated and removed by the City and
the costs thereof, together with administrative costs, assessed
to you as owner of the land on which said vehicle (or said parts
of a vehicle) is located.
As owner of the land on which said vehicle (or said parts
of a vehicle) is located, you are hereby notified that you may,
within 10 days after the mailing of this notice of intention,
request a public hearing, and if such a written request is not
received by the Director of Facilities Management of the City of
San Bernardino within such 10-day period, the Director or his
representative shall have the authority to cause the abatement
and removal of said vehicle (or parts of a vehicle) as a public
nuisance and assess the costs as aforesaid without a public
hearing. You may submit a sworn written statement within such
10-day period denying responsibility for the presence of said
vehicle (or said parts of vehicle) on said land, wit~ your
reasons for denial, and such statement shall be construed as a
request for hearing at which your presence is not required. You
may appear in person at any hearing requested by you or the owner
of the vehicle or, in lieu thereof, may present a sworn written
statement as aforesaid in time for consideration at such hearing.
Notice Mailed
/s/
(Date)
(Designated Officer)
"NOTICE OF INTENTION TO ABATE AND REMOVE AN
ABANDONED, WRECKED, DISMANTLED, OR
INOPERATIVE VEHICLE(S) OR PART(S) THEREOF
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AS A PUBLl:C NUl:SANCE
(Name and address of 1ast registered and/or 1ega1 owner of record
of vehic1e - notice shou1d be given to both if different.)
As 1ast registered (and/or 1ega1) owner of record of
(description of vehic1e - make, mode 1 , 1icense, etc.), you are
hereby notified that the undersigned, pursuant to San Bernardino
Municipal COde Section 8.36.080 has determined that said vehicle
(or parts of a vehicle) exists as an abandoned, wrecked,
dismant1ed or inoperative vehicle at (describe 10cation on public
nuisance pursuant to the provisions of San Bernardino Municipal
Code Chapter 8.36.
You are hereby notified to abate said
nuisance by the removal of said vehicle (or said parts of a
vehicle) within 10 days from the date of mailing of this notice.
As registered (and/or legal) owner of record of said
vehic1e (or said parts of a vehic1e), you are hereby notified
that you may, within 10 days after the mai1ing of this notice 'of
intention, request a public hearing and if such written request
is not received by the Director of Faci1ities Management of the
City of San Bernardino within such 10-day period, the Director,
or his representative, sha11 have authority to cause the
abatement and remova1 of said vehic1e (or said parts of a
vehic1e) without a hearing.
Notice mailed
/s/
(Date)
(Designated Officer)
Section 6.
Section 8.36.100 of the San Bernardino
Municipa1 Code is hereby amended as follows:
"8.36.100 Public Hearing.
A. If the owner of the vehic1e or owner of the 1and upon
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which the vehicle is located submits a written request for public
hearing to the Director of Facilities Management within ten days
after the mailing of the notices of intention to abate and
remove, a public hearing shall be held by the Board of Building
Commissioners, on the question of abatement and removal of
vehicle or parts thereof as an abandoned, wrecked, dismantled or
inoperative vehicle, and the assessment of the administrative
costs and the cost of removal of the vehicle or parts thereof
against the property on which it is located.
B. If the owner of the land on which the vehicle is
located submits a sworn written statement denying responsibility
for the presence of the vehicle on the land, with reasons for
such denial, within such ten-day period, said statement shall be
construed as a request for a hearing which does not require his
presence.
C. Notice of the hearing shall be mailed, by registered
,mail, at least ten days before the hearing to the owner of the
land and to the owner of the vehicle unless the vehicle is in
such condition that identification numbers are not available to
determine ownership.
If such a request for hearing is not
received within said ten days after mailing of the notice of
intention to abate and remove, the City shall have the authority
to abate and remove the vehicle or parts thereof as a public
nuisance without holding a public hearing."
Section 7.
Section 8.36.110 of the San Bernardino
Municipal Code is hereby amended as follows:
"8.36.110 Hearings to be held before the Board of Building
Commissioners.
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A. All hearings under this chapter shall be held before
the Board of Building Commissioners, who shall hear all facts and
testimony. Said facts and testimony may include testimony on the
condition of the vehicle or part thereof and the circumstances
concerning its location on the private property or public
property. The Board shall not be limited by the technical rules
of evidence.
The owner of the land on which the vehicle is
located and the owner of the vehicle may appear in person at the
hearing or the land owner may present a written statement in time
for consideration at the hearing, denying responsibility for
presence of the vehicle on the land with reasons for such denial.
B. The Board may impose such conditions and take such
other action as it deems appropriate under the circumstances to
carry out the purpose of the chapter. At the conclusion of the
public hearing, the Board may find that a vehicle or part thereof
has been abandoned, wrecked, dismantled or is inoperative on
private or public property and order the same removed from the
property as a public nuisance. The Board may further order that
the City abate the vehicle if the land owner fails to comply with
its order and lien the administrative and removal costs against
the owner's property. The order requiring removal shall include
a description of the vehicle or part thereof and the correct
identification number or license number of the vehicle if
available.
C. If it is determined at the hearing that the vehicle was
placed on the land without the consent of the land owner and that
he has not subsequently acquiesced in its presence, and that the
vehicle was not placed on the land by his tenants, the Board
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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 land owner.
Costs may be assessed against the vehicle owner.
D. A copy of the Board order shall be sent to the party
who requested the hearing."
Section 8. Section 8.36.120 of the San Bernardino
Municipal Code is hereby amended as follows:
"8.36.120 Appeal.
Any interested party may appeal the decision of the Board
of Building Commissioners to the Common Council within fifteen
(15) days of the date of the order in accordance with the
provisions of Chapter 2.64."
Section 9. Section 8.36.130 of the San Bernardino
Municipal Code is hereby amended as follows:
"8.36.130 Removal of vehicle to scrapyard.
If the owner of the property fails to remove the vehicle in
accordance with the order of the Board of Building Commissioners
or within fifteen (15) days following the appeal of said order,
the City may dispose of the vehicle or part thereof by removal to
a scrapyard or automobile dismantler's yard. After a vehicle has
been removed, it shall not thereafter be reconstructed or made
operable unless it is a vehicle which qualifies for either
horseless carriage license plates or historical vehicle license
plates, pursuant to Section 5004 of the Vehicle Code, in which
case the vehicle may be reconstructed or made operable.
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. AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTER
8.36 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO VEHICLE
ABATEMENT.
I HEREBY CERTIFY that the foregoing ordinance was duly
adopted by the Mayor and Common Council of the City of San
Bernardino at a meeting thereof, held on the
day of , 1990, by the following vote, to wit:
Council Members:
AYES
NAYS
ABSTAIN
ESTRADA
REILLY
FLORES
MAUDSLEY
MINOR
POPE-LUDLAM
MILLER
City Clerk
The foregoing resolution is hereby approved this
day
of
, 1990.
w. R. Holcomb, Mayor
City of San Bernardino
Approved as to
form and legal content:
JAMES F. PENMAN,
City Attorney
By:
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