HomeMy WebLinkAbout32-Building & Safety
. l:ITY OF SAN BERNARDINO - REQUt:;ST FOR COUNCIL AtoilOtl
From: Mark I. Sutton, Director of Bui lding g. Safety
oept: BUILDING g. SAFETY
SUBJECT: ABANDONED VEHICLES
Date:
JULY 19, 1988
4
Synopsis of Previous Council action:
At the Meeting of the Code Review AdHoc C~mmittee hel~ on Jul~ 14, 1988, the
Committee recommended approval of the Ordlnance Amendlng Sectlon 8.36.030,.
Subsection (A), of the San Bernardino Municipal Code, to remove the exemptlon
from abatement of vehicles behind a fence or wall. (See attached.)
Recommen-'!ed motion:
That further reading of the Ordinance be waived and said Ordinance be laid
over for final passage.
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Signature .
;
. /~
, -:717~.,
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Contact person:
Mark Sutton
Phone:
5071
Supporting ~ata attached:
YES
Ward:
N/A
FUNDING REQUIREMENTS:
Amount:
Source:
Finance:
Council Notes:
75.026Z
Agenda : ~em No.
3.:6
CI'. 1 OF SAN. BERNARD' 10 - REQUF'T FOR COUNCIL AC"'--'ON
STAFF REPORT
ABANDONED VEHICLES
In April of this year, Staff was made aware of the fact that there was a
problem with the Ordinance dealing with abandoned vehicles.
The problem stems from the wording that indicates if a vehicle is not
from the street, the City cannot cause the removal of such vehicle.
the City can cause the rear yard to be cleaned, with the exception of
vehicles.
visible
In essence,
abandoned
With the possibility of the Expanded Code Enforcement Program being adopted,
Staff requested the City Attorney's Office to draft an Ordinance removing this
restriction, and allowing the City the ability to remove all nuisances when
the City becomes involved in sub-standard property cenditions.
Staff respectfully requests the adoption of the attached Ordinance.
15-0264
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ORDINANCE
ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTION
8.36.030 SUBSECTION (A) OF THE SAN BERNARDINO MUNICIPAL CODE TO
REMOVE THE EXEMPTION FROM ABATEMENT OF VEHICLES STORED BEHIND A
FENCE OR WALL
THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO
DO ORDAIN AS FOLLOWS:
SECTION 1.
Section 8.36.030 subsection (A) of the San
Bernardino Municipal Code is amended to read as follows:
"(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."
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 held on the
day
of
19 ,by the following vote, to wit:
AYES:
Council Members
NAYS:
ABSENT:
City Clerk
The foregoing resolution is hereby approved this
23 day of
19
24
Evlyn Wilcox, Mayor
City of San Bernardino
25
Approved as to form
and. legal content:
. .-"
26
, .
27 ');:;.'-:--J'1~ I i/~V!..,';r;,-
28 ~~ty Attorney
v JFW:ss
May 27, 1988
1
C I T Y 0 F SAN B ERN A R DIN 0
INTEROFFICE MEMORANDUM
8804-319
TO: James Penman, City Attorney
FROM: Mark I. Sutton, Building' Safety Director
SUBJECT: Abandoned Vehicles on Private Property
DATE:
April 26, 1988
(7422)
----------------------------- --------------------------------
Mayor Evlyn Wilcox, Jim Robbins - Administration,
Jim Richardson-Administration/Development Services
Council Office, Chief Newcombe-Fire Department
COPIES:
Attached is a memo from the Fire Department indicating that
because the vehicle is behind the fence and not visible from
the street, that the abatement of this vehicle is beyond the
scope of the City's authority.
In researching this matter, I was surprised to find that the
Municipal Code 8.36.030(A) supports this statement. I have a
problem with this in that I can clean the entire rear yard
except for abandoned vehicles, if their is a solid fence
around the rear yard.
I feel that if the City is going to get involved in property
maintenance, that the City should be able to clean the entire
yard and eliminate all present and future problems.
I am requesting that you have Municipal Code 8.36.030(A)
revised, and remove the reference to the fence or wall so
that junk and abandoned vehicles can only be stored, on all
properties except as specified in Sub-Section (B), in
enclosed structures.
Modified and partial property maintenance effects have a
tendency to weaken their overall intent.
If you should have any
please contact my office.
questions regarding
Thank you.
this
matter,
~7/~
Mark I. Sutton,
Director/Building Official
BUILDING , SAFETY DEPARTMENT
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Sua:!.e \lfallter
3d Mode. to (uil-P.O. Box 50~l, SaIl Bet'UardiAo, Ca. 92lt(8)
SaIl Bernardi DO , Cal1forn:l.a
Hareh e, lq8!
n.re Prevention
200 East 'n'l:!.rd Street
San Bernardino, Cal:I.torn:La Q240Z
Subject: Unlavtull use ot residental property
l25~ Eaat 3qth Street, San Bernardino, California QZ404
Please accept this letter as my tormal requeat to correct the ~a-
use ot resident&! property described above. This property stores
seyen to t.D junkecl automobiles vhich are alovly b.ing dismantled
ior used parta. An auto~bile r.pair garage is located at this
address.
My complaint and request for correction is prompted for the folloving
reaso1'US :
1. Gw.rd dogs are chained (under rr;t b.droom vindov) vhich "bark
and cry cont:!.noualy at night. I do not dare to walk the sida
ot my ho.. because the dogs pose such a threat to ~ aatat,..
2. Very undeairable men are meeting at th~s location and quite
otten a disagreem.nt vill occur and very towl langllAg8 can be
readily heard.
3. I suspect th. automobiles create a breading plac. tor misquitos
plus a t:l.re hazard wen the graas and veeds grov around the
junk.d yeh:i.cles.
I f..l it th.s. automobiles vere not being atored I vould not be exposed
to the above tore-mentioned complaints. The actiyiti.s at this addreas
are not normal for a residential neighborhood.
I invested 5~,OOO.OO, to up-grade this little bouse. I built and also
purchased housea in Beeh. Canyon vhich v.r. sold. I decided to aak. this
as co.tortible as my hill-top in ~eche Canyon. My improvements have
influenced the neighbora. N.v roots, landscaping and i~rov.ments are
obvious in the neighborhood.
The inyeat..nt h.re will have be.n my miatake if I cannot g.t h.lp trom
the government that controls this aection ot the city ie, Tire nepartment,
(lIisuse ot property) Ani..l Control (barking gIlArd dogs), City Clerk
(city licen.e) Police l)epartm"nt (.eetin.. plsce for the undiserables) and
City Council (repr.sentation of the City).
Because ot the risk I encounter taking this action I think it best ~
complaint be d....d annoyomous, it possible. I respectihully bonor your
deacreption iD th:!.s matter.
yncerel~1 ) _ /
A.: -~c./'"tX/.:ZLk-/
.' Susie Walker
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"""...............,,+-"'-4 +v 1""1"111"1"'; 1
HEAL1li AND SAFETY
wncked, dismantled or moperative vehic;les or partS thereof as
public nuisances, the Mayor and Common Council hereby make
the fOllowing fmdinp and declarations: The accumulation anei
storqe of abandoned, wrecked, dismantled or inoperative
vehicles or partS thereof on private or public property not in-
cludmg hi&hways is found to create a condition tending to
reduce the value of private property, to promote bJi&ht and
deterioration. to invite plunderin&, to create fue haz.uds, to
constitute an attnctive nuisance creatmg a hazard to the
health and safety of minors. to create a harborage for rodents
and insects and to be injurious to the health, safety and &cnen!
welfare. Therefore, the presence of an abandoned, wrecked,
dismantled or inoperative vehicle or part thereof on private or
public property not includmg highways. except as expressly
hereinafter permirted, is a public nuisance which may be
abated as such in accordance with the provisions of this chapter.
(Ord. 3685 (part), 1977;Ord. 2969 ~ I (part), 1969.)
8.36.020 Defmitions.
As used in this chapter:
A. "Highway" means a way or place of whatever nature.
publicly majntajned and open to the use of the public for
purposes of vehicular travel. "Highway" includes street.
B. "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.
C. "Owner of the vehic;le" means the last registered owner and
legal owner of record.
D. "Public property" does not include "highway."
E. "Vehic1e" 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.
(Ord. 3685 (part).1977;Qrd. 2969 ~ I (part). 1969.)
8.36.030 Applicability.
This chapter sh.all not apply to:
A. A vehicle or part thereof which is completely enclosed
within a building,iOr by a fence or waIl.\in a lawful
(SUI_10M)
476
ABANDONED VEHICLES
manner where it is not visible from the street or other
public or private property; or
B. A vehicle or part thereof which is $tored or parked in a law-
ful manner on private property in connection with the
business of a licensed dismantler, licensed vehicle dealer,
or a junlcyard. This exception shall not, however, authorize
the maintenance of a public or private nuisance IS defmed
under provisions of law.
(Ord. MC-IS3, 4-19-82; Ord. 3685 (part), 1977; Old. 2969 i 2,
1969.)
8.36.040 Chapter not exclusive.
This chapter is not the exclusive regulation of abandoned,
~cked, dismantled or inoperative vehicles within the City. It
shall supplement and be in addition to the other regulatory
codes, statutes and ordinances heretofore or hereafter enacted
by the City, the state or any other lepJ entity or agency having
jurisdiction. (Qrd. 2969i 3, 1969.)
8.36.050 Aciministration &DC! enforcement.
Except as otherwise provided in this chapter, the provisions
of this chapter shaI1 be administered and enforced by the Fire
Chief or other authorized City officer, except that the removal
of vehicle(s) or part(s) thereof from property may be by any
other duly authorized person. M1Y such authorized person may
enter upon private property for the purposes specified in this
chapter to examine a vehicle or partS thereof, obtain informa-
tion as to the identity of a vehicle, and remove or cause the
removal of a vehicle or part thereof dec1ared to be a nuisance
pursuant to this chapter. (Ord. MC-498. 2-17-86; Ord. 3685
(part), 1977; Ord. 2969 i 4, 1969.)
8.36.060 Right of fnanchisee to enter privale property.
When the Mayor and Common Council have contracted
with or gnn~d a fnanchise to any person or persons, such
person or persons shall be authorized to enter upon private
property or publiC property to remove or cause the removal
of a vehicle or parts thereof declared to be a nuisance pursuant
to this chapter. (Ord. 2969 i 5, 1969.)
477
(S&n Bcnwdina 4.&6)
Council Member Estrada made a motion, seconded iJy
Council Member Reilly and unanimously carried, that the
minutes of the Pol ice Building Ad Hoc Committee meeting
held July B, 19B8, be received and filed.
CODE REVIEW AD HOC COMMITTEE MEETING MINUTES -
JULY 14, 1988 - COUNCIL MEMBER REILLY
Council Member Reilly, Chairman of the Code Review Ad
Hoc Committee, presented the minutes of their meeting held
July 14, 1988, at which time the following items were
discussed: (51)
1. Incentive Program The Committee
received reports from Building and Safety,
Public Works and Personnel Departments and
determined that this item should be held in
abeyance until a full review of all city
departments and the cost impact can be deter-
mined. Methods other than mer i t increases
are to be considered. Non-monetary recogni-
tion avenues are to be explored. Mr. Sutton
was asked to review the possibility of uni-
forms and badges for his code enforcement
officers. He reported that clearly identi-
fied code enforcement cars are already in the
works.
2. Citation Authority - The Committee recom-
mended approval of the proposed ordinance
(attached) . Building and Safety will place
the ordinance on the August 1, 198B, Council
Agenda with the Acting Ci ty Administrator's
approval.
3. Limited Issuance of Permits - Item con-
tinued to a meeting to be set in early Sep-
tember.
4. Property Maintenance The Committee
recommended approval of the proposed ordi-
nance (attached). Continuing review of code
enforcement ordinances and resolutions is
planned by Building and Safety Director.
Council Member Flores made a motion, seconded by
Council Member Estrada and unanimous ly carr ied, that the
minutes of the Code Review Ad Hoc Committee meeting held
July 14, 1988, be received and filed.
23
1/1B/88
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f;.ITY OF SAN BERNARDu~O - REQU~.;T FOR COUNCIL AC. ION
Date: JULY 19, 1988
SUBJECT: 1:~~0:N.E~ ~EH~CLES...
S/ 'I/,?J' ,.;J
I;;" ~g~
~~lfl'~
From: Mark I. Sutton, Director of Bui lding & Safety
Dept: BUILDING & SAFETY
Synopsis of Previous Council action:
NONE
Recommeno:led motion:
That the attached Amendment to the San Bernardino Municipal Code, Section 8.36.030,
Sub-Section (A), "Abandoned Vehicles", be approved as requested by the Director of
Building and Safety, and reviewed and recommended by the Code Review AdHoc Committee.
/ > "/
Y7 j;
/' '_. t.. /_
Signature
)/6.,
Contact person:
Mark Sutton
Phone:
5071
Supporting :lata attached:
YES
Ward:
N/A
FUNDING REOUIREMENTS:
Amount:
Source:
Finance:
Council Notes:
75.0262
Agenda I tem No.
1
2
3
4
5
6
8
9
10
11
12
13
14
15
16
ORDINANCE
ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTION
8.36.030 SUBSECTION (A) OF THE SAN BERNARDINO MUNICIPAL CODE TO
REMOVE THE EXEMPTION FROM ABATEMENT OF VEHICLES STORED BEHIND A
FENCE OR WALL
THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO
DO ORDAIN AS FOLLOWS:
i
Section 8.36.030 subsection (A) of the San
SECTION 1.
Bernardino Municipal Code is amended to read as follows:
" (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."
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 held on the
day
of
19 ,by the following vote, to wit:
AYES:
Council Members
1i
18
19
20
21
22
NAYS:
ABSENT:
City Clerk
The foregoing resolution is hereby approved this
23 day of
19
24
Evlyn Wilcox, Mayor
25 City of San Bernardino
Approved as to form
26 and legal content:
2i
28
City Attorney
1
JFW:ss
May 27, 1988
C11. OF SAN BERNARDIL.) - REQUE~ r FOR COUNCIL AC'\.DN
STAFF REPORT
ABANDONED VEHICLES
In April of this year, Staff was made aware of the fact that there was a
problem with the Ordinance dealing with abandoned vehicles.
The problem stems from the wording that indicates if a vehicle is not
from the street, the City cannot cause the removal of such vehicle.
the City can cause the rear yard to be cleaned, with the exception of
vehicles.
visible
In essence,
abandoned
With the possibility of the Expanded Code Enforcement Program being adopted,
Staff requested the City Attorney's Office to draft an Ordinance removing this
restriction, and allowing the City the ability to remove all nuisances when
the City becomes involved in sub-standard property conditions.
Staff respectfully requests the adoption of the attached Ordinance.
75-0264