HomeMy WebLinkAbout47-Facilities Management
. CITY OF SAN _ra-.~AfR"'.T "" COUNCIL ACTION
From:
Wayne Overstreet. Direc~ffc.t;..l.:''',~:-\' CSiibject:
Facilities Management "." ,.v '.'q "',' S7
:',,'.--' "::.; ....
ORDINANCB AllBHDING CHAPTD 8.36
OF TBB SAN BBRHARDINO MUNICIPAL
CODB RBLATING TO VBHICLB ABATBllBHT
Dept:
Date: May 25, 1990
Synopsis of Previous Council ection:
Resolution No. 88-U6 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 penon:
WaYne OVerstreet
Phone: 5244
Supporting d8t1.l~; Yes Ward: Citv Wide
FUNDING REQUIREMENTS: Amount: None
Source: (Acct. No.)
(Acct. DescriDtionl
Financs:
Council Notes:
75.0262
Agenda Item No--'l.7 -
. CITY OF SAN _RARDINO - RBQUIIST -.. COUNCIL ACTION
STAFF REPORT
December 1988 the Mayor and COllllllon Council transferred the Vehicle
Abatement Program (VAP) f.rom 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
Collllll1ssioners.
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 recOllllllend 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't!-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 Attorney's Office, and has been reviewed in detail by this
Department's staff and is so supported. RecOllllllended for adoption.
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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
14 parked for seventy-two (72) or more consecutive hours upon a
15 street, alley, off-street parking facility, public property or
16 private property without the consent of the owner.
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B.
"Highway" means a way or place of whatever nature,
18 publicly maintained and open to the use of the public for
19 purposes of vehicular travel. "Highway" inCludes street.
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C.
"Historic vehicle" means any vehicle which qualifies
21 under one of the following categories:
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(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 othe~ 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 "~ighway."
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 dismant1er, licensed vehicle dealer, or a
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A. 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 partes) thereof from
property may be by any other duly authorized person. Any such
authorized person may enter upon private property for the
purposes specified in this chapter to examine a vehicle or parts
thereof, obtain information as to the identity of a vehicle, and
remove or cause the removal of a vehicle or part thereof declared
to be a nuisance pursuant to this chapter."
Sect~on 4. Sect~on 8.36.080 of the San Bernard~no
Munic~pal Code ~s hereby amended as follows:
"8.36.080 Abatement Author~ty.
Upon discovering the existence of an abandoned, wrecked,
dismantled, or inoperative veh~cle, or parts thereof, on private
property or publ~c property with~n the City, the D~rector of
Facil~ties Management, or h~s representat~ves shall have the
authority to cause the abatement and removal thereof in
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:
'NOTJ:CE OF J:N'1'BNTJ:ON TO ABATE AND RBMOVE AN
ABANDONBD, WRBCKBD, DJ:SMANTLBD, OR
J:NOPBRATJ:VE VBIIJ:CLB( S ) OR PART( S ) THBRBOF
AS A PUBLJ:C NUJ:SANCE
(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
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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 la-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
16 hearing. You may submit a sworn written statement within such
17 la-day period denying responsibility for the presence of said
18 vehicle (or said parts of vehicle) on said land, wit~ your
19 reasons for denial, and such statement shall be construed as a
20 request for hearing at which your presence is not required. You
21 may appear in person at any hearing requested by you or the owner
22 of the vehicle or, in lieu thereof, may present a sworn written
23 statement as aforesaid in time for consideration at such hearing.
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Notice Mailed
/s/
(Date)
(Designated Officer)
'NO'1'ICB OF IM'l'BN'l'ION '1'0 ABA'l'E AND RBMOVB AN
ABANDONED, WRECKED, DISMANTLED, OR
INOPERATIVE VBBICLB( S) OR PAR'1'( S ) '1'IIBRBOF
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AS A PUBLIC MUISANCB
(Name and address of last registered and/or legal owner of record
of vehicle - notice should be given to both if different.)
As last registered (and/or legal) owner of record of
(description of vehicle - make, model, license, 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,
dismantled or inoperative vehicle at (describe location 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
vehicle (or said parts of a vehicle), 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 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 authority to cause the
abatement and removal of said vehicle (or said parts of a
vehicle) without a hearing.
Notice mailed /s/
(Date) (Designated Officer)
Section 6. Section 8.36.100 of the San Bernardino
Municipal Code is hereby amended as follows:
"8.36.100 Public Hearing.
A. If the owner of the vehicle or owner of the land upon
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which the vehicle i. located submit. 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
testi~y. 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 no~ assess cos~s of adminis~ra~ion or removal of ~he
vehicle agains~ ~he property upon which ~e vehicle is loca~ed or \
o~herwise a~~emp~ ~o co11ec~ such cos~s from such land owner.
Cos~s .ay be assessed agains~ ~e vehicle owner.
D. A copy of ~he Board order shall be sen~ ~o ~he party
who reques~ed ~e hearing."
Sec~ion 8. Sec~ion 8.36.120 of ~he San Bernardino
Municipal Code is hereby amended as follows:
"8.36.120 Appeal.
Any in~eres~ed party may appeal ~he decision of ~e Board
of Building Commissioners ~o ~he COIIIIIIon Council wi ~hin fifteen
(15) days of the date of the order in accordance with the
provisions of Chap~er 2.64."
Sec~ion 9. Section 8.36.130 of ~he San Bernardino
Municipal Code is hereby amended as follows:
"8.36.130 Removal of vehicle ~o scrapyard.
Xf ~he owner of ~he property fails to remove ~he vehicle in
accordance with ~he order of ~he Board of Building Commissioners
or wi ~hin fifteen (15) days fOllowing ~he appeal of said order,
~e City may dispose of the vehicle or part thereof by removal to
a scrapyard or automobile diaman~ler's yard. Af~er a vehicle has
been removed, it shall no~ ~ereaf~er be reconstructed or made
operable unless i~ is a vehicle which qualifies for either
horseless carriage license plates or historical vehicle license
p1a~es, pursuan~ ~o Sec~ion 5004 of ~he Vehicle Code, in which
case ~he vehicle may be recons~ruc~ed or made operable.
/ / /
/ / /
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AN OJU)INANCB OF 'I'D CITY OF SAN BERNARDINO AMJUmING CHAPTER
8.36 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO VEHICLE
ABATBMEN'1' .
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. Ho1cCllllb, Mayor
City of San Bernardino
Approved as to
form and legal content:
JAMES F. PENMAN,
City Attorney
By:
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