HomeMy WebLinkAbout29-Public Works
,
1 ORDINANCE NO.
2 ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTER
8.36 AND 10.16 OF THE SAN BERNARDINO MUNICIPAL CODE TO TRANSFER
3 AUTHORITY TO REMOVE ABANDONED VEHICLES FROM THE FIRE CHIEF TO THE
SUPERINTENDENT OF PUBLIC BUILDINGS.
4
THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO
5 DO ORDAIN AS FOLLOWS:
6
SECTION 1.
Section 8.36.050 of the San Bernardino
7 Municipal Code.is amended to read as follows:
8 "8.36.050 Administration and enforcement.
Except as otherwise provided in this chapter,
9 the provisions of this chapter shall be administered
and enforced by the Superintendent of Public
10 Buildings, or his representatives, under the
supervision of the Department Head, except that the
11 removal of vehic1e(s) or part(s) thereof from
property may be by any other duly authorized person.
12 Any such authorized person may enter upon private
property for the purposes specified in this chapter
13 to examine a vehicle or parts thereof, obtain
information as to the identity of a vehicle, and
14 remove or cause the removal of a vehicle or part
thereof declared to be a nuisance pursuant to this
15 chapter."
16
SECTION 2.
Section 8.36.080 of the San Bernardino
17 Municipal Code is amended to read as follows:
18 "8.36.080 Abatement authority.
Upon discovering the existence of an abandoned,
19 wrecked, dismantled, or inoperative vehicle, or parts
thereof, on private property or public property
20 within the City, the Superintendent of Public
Buildings, or his representatives, under the
21 supervision of the Department Head, shall have the
authority to cause the abatement and removal thereof
22 in accordance with the procedure prescribed in this
chapter."
23
SECTION 3.
Section 8.36.090 of the San Bernardino
24
Municipal Code is amended to read as follows:
25
27
"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
26
28
HE/dys
November 18, 1988
1
~9
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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 VEHICLE(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 (or
parts of an) abandoned, wrecked, dismantled or
inoperative vehicle 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 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 request is not received by the
City Administrator of the City of San Bernardino
within such 10-day period, the Superintendent of
Public Buildings, 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, with your
reasons for denial, and such statement shall be
construed as a request for hearing at which your
HE/dys
November 18, 1988
2
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
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/
"
(Designated Officer)
(Date)
"NOTICE OF INTENTION TO ABATE AND REMOVE
AN ABANDONED, WRECKED, DISMANTLED, OR
INOPERATIVE VEHICLE(S) OR PART(S) THEREOF
AS A PUBLIC NUISANCE
(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
p.ndersigned, 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 or private property)
and 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 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 a request is not received
by the City Administrator of the City of San
Bernardino within such 10-day period, the
Superintendent of Public Buildings, 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/
"
(Designated Officer)
(Date)
SECTION 4.
Section 8.36.100 of the San Bernardino
26 Municipal Code is amended to read as follows:
27 "8.36.100 Public hearing.
A. Upon request by the owner of the vehicle or
28
HE/dys
No'. ~mber 18, 1988
3
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
owner of the land received by the Superintendent of
Public Buildings, within ten days after the mailing
of the notices of intention to abate and remove, a
public hearing shall be held by the City
Administrator or his representative, on the question
of abatement and removal of the 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 submits a sworn written
statement denying responsibility for the presence of
the vehicle on his land within such ten-day period,
said statement shall be construed as a request for a
hearing which does not require his presence. 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 5.
Section 8.36.110 of the San Bernardino
Municipal Code is amended to read as follows:
"8.36.110 Hearings to be held before City
Administrator.
A. All hearings under this chapter shall be held
before the City Administrator or his representative,
who shall hear all facts and testimony he deems
pertinent. 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 City Administrator shall not be limited by the
technical rules of evidence. The owner of the land
on which the vehicle is located may appear in person
at the hearing or present a written statement in time
for consideration at the hearing, and deny
responsibility for the presence of the vehicle on the
land, with his reasons for such denial.
26
B. The City Administrator or his representative,
may impose such conditions and take such other action
as he deems appropriate under the circumstances to
carry out the purpose of this chapter. He may delay
27
28
HE/dys
November 18, 1988
4
1
2
3
4
5
7
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
6
the time for removal of the vehicle or part thereof
if, in his opinion, the circumstances justify it. At
the conclusion of the public hearing, he 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 and disposed of as
hereinafter provided and determine the administrative
costs and the cost of removal to be charged against
the owner of the parcel of land on which the vehicle
or part thereof is located. The order requiring
removal shall include a description of the vehicle or
part thereof and the correct identification number
and license number of the vehicle if available at the
site.
8
9
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, the City Administrator or
his representative, 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. .
D. If the owner of the land submits a sworn written
statement denying responsibility for the presence of
the vehicle on his land but does not appear, or if an
interested party makes a written presentation to the
City Administrator but does not appear, he shall be
notified in writing of his decision."
SECTION 6.
Section 8.36.120 of the San Bernardino
Municipal Code is amended to read as follows:
"8.36.120 Appeal.
Any interested party may appeal the decision of
the City Administrator, or his representative, to the
Common Council in accordance with the provisions of
Chapter 2.64."
SECTION 7. Section 10.16.110 (E), (F), and (G) of the San
Bernardino Municipal Code is amended to read as follows:
"10.16.110 Limited parking - Alleys and narrow
streets.
E. Police officers and the Superintendent of Public
Buildings, or his authorized representatives, are
authorized to remove from streets or highways or from
public property, within the City, to the nearest
garage or other place of safety, or to a garage
28
HE/dys
November 18, 1988
5
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
designated or maintained by the Police Department,
any vehicle which has been parked or left standing on
such street or highway for seventy-two or more
consecutive hours, or which is parked on public
property or on a street or highway in violation of
law or resolution, provided, in the latter instance,
that signs are posted giving notice of the removal.
F. Whenever a City official removes a vehicle from
a street or highway or public property as authorized
in this section and the City official knows or is
able to ascertain from the registration records in
the vehicle or from the registration records of the
California Department of Motor Vehicles the name and
address of the registered or legal owners thereof,
such City official shall immediately give or cause to
be given notice in writing to such owner of the fact
of such removal, the grounds thereof and of the place
to which such vehicle has been moved. In the event
any such vehicle is stored in a public garage, a copy
of such notice shall be given to the proprietor of
such garage.
G. Whenever a City official removing a vehicle from
a street or a highway or public property under this
section does not know and is not able to ascertain
the name of the owner or for any other reason is
unable to give the notice to the owner as
hereinbefore provided and in the event the vehicle is
not returned to the owner within a period of seventy-
two hours, then and in that event the City official
shall immediately send or cause to be sent written
report of such removal by mail to the Department of
Motor Vehicles at Sacramento and shall file a copy of
such notice with the proprietor of any public garage
in which the vehicle may be stored. Such report
shall be made on a form furnished by such department
and shall include a complete description of the
vehicle, the date, time and place from which removed,
the grounds for such removal and the name of the
garage or place where the vehicle is stored.
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
/ / / /
/ / / /
/ / / /
HE/dys
November 18, 1988
6
15
16
17
18
19
20
21
22
23
24
25
26
27
28
ORDINANCE . . . AMEND ; CHPATER 8.36 AN. .LO .16 OF THE SAN BERNARDINO
MUNICIPAL roDE 'ID TRANSFER AUI'lDRITY 'ID REM)VE ABANOONED VEHICLES FOCM THE
FIRE CHIEF 'ID THE SUPERINI'ENDENI' OF PUBLIC BUILDINGS.
1
2
day of
, 1988, by the following vote, to wit:
AYES:
Council Members
3
4
NAYS:
5
ABSENT:
6
7
City Clerk
8
9
The foregoing ordinance is hereby approved this
day
of
, 1988.
10
11
12
13
14
Evlyn Wilcox, Mayor
City of San Bernardino
Approved as to
f9rm and Legal Content:
/\
?~~-
11= y~
HE/dys
November 18, 1988
7