HomeMy WebLinkAboutMC-498
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ORDINANCE NO. Me-498
ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SAN
BERNARDINO MUNICIPAL CODE CHAPTER 8.36 TO CHANGE THE TITLE OF
CHIEF ENGINEER TO FIRE CHIEF AND MAKING CERTAIN OTHER TECHNICAL
CHANGES THERETO.
THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO
DO ORDAIN AS FOLLOWS:
SECTION 1. Section 8.36.050 of the San Bernardino Municipal
Code is amended to read 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 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. 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."
SECTION 2. Section 8.36.080 of the San Bernardino Municipal
Code is amended to read as follows:
"8.36.080 Abatement authority.
Upon discovering the existence of an abandoned,
wrecked, dismantled, or inoperative vehicle, or parts thereof, on
private property or public property within the City, the Fire
Chief, or other authorized City officers, shall have the
authority to cause the abatement and removal thereof in
accordance with the procedure prescribed in this chapter."
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. MC-498
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SECTION 3. 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 and legal owners of record,
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
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MC-498
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days from the date of mailing of this notice, and upon your
failure to do so 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 Fire Chief or other authorized city officer
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, anc
such statement shall be construed as a request for hearing at
which your presence is not required. You may appear in person ai
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 Is/
(Date)
(Designated Officer)
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MC;:-498
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'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 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
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 Fire Chief or other authorized
City officer 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)
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MC-498
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SECTION 4. Section 8.36.100 Subsection A of the San
Bernardino Municipal Code is amended to read as follows:
"A. Upon request by the owner of the vehicle or owner of
the land received by the Fire Chief or other authorized city
officer 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 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."
I HEREBY CERTIFY that the foregoing ordinance was duly
adopted by the Mayor and Common Council of the City of San
Bernardino at a
reqular
meeting thereof, held on
, 19~, by the following
the 17th
February
day of
vote, to wit:
AYES:
Council Members Estrada, Reilly, Hernandez,
Marks, Ouiel, Frazier, Strickler
NAYS:
None
ABSENT:
None
/:I/;:?//;>//7!~~
/ City Clerk
The foregoing ordinance is hereby approved this
18th day
of February
19 86
, -'
San Bernardin
Zu{
Approved as to form:
"'~.') (") Ii'
rI~/fl;?u:pd2/
City Attorney
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