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CITY -= SAN _NARDI~RE.I!ST FOR COUNCILOcTION
From:
Wayne Overstreet, DirecWf,~'~.. ;.:y\:-;, CSiibject:
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Facilities Management
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ORDIRANCE AllBRDIRG CIIAPTBIl 8.38
OP TBB SAN BBRRABDIRO IlURICIPAL
CODB BBLATIRG TO VEHICLE ABATBIIBR
~_...t:
Date: May 25. 1990
Synopsis of Previous Councilection:
Resolution No. 88-4016 December 1988, smmending Municipal Code Section 8.36.050.
Recommendlld motion:
That further reading of the Ordinance be waived and said Ordinance
be laid over for final passage.
"
ContllCt penon: Wavne Overstreet
Phone: 5244
Supportillfl ".tblChld: Yea Werd: City Wide
FUNDING REQUIREMENTS: Amount: Non..
Source: (Acct. No.1
(Acct. DescriDtionl
Finance:
f lei! Notal:
75..0262
Agenda Item No__6.8_
CITY. SAN _RNARDI-' R...ST FOR COUNCIL -.c-rION
STAFF REPORT
December 1988 the Mayor and COIIDDon Council transferred the Vehicle
Abatement Program (VAP) from the Fire Department, to, the Public
Buildings Division, Public Works Department (Reference Ordinance No.
MC-64S, dated 12-07-88). July 1989 this program was expanded and a
Department of Facilities Management was authorizsd 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
COIIDD1ssioners.
4. Approved a CDBG funding application for $20,000. to help off
set equipment and personnel cost.
S. Adopted an Ordinance (No. MC-668) amending Municipal Codes to
establish administrative fees, citation authority, etc.
The 1II8jority of the ordinance amendments have been approved by the
Mayor and Council, however, in order to fully codify the.e actions it
was n.c....ry to hold cert.in actions until St.te Law. w.re clarified
and we had obtained sufficient experience to insure other changes
were necessary.
We have now obtained all neces.ary clarification to State law, and
gained experience enough to recOllDDend changes to our Municipal Code
to implement the entire program.
Ba.ed 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) inoper.ble vehicles in their back y.rd, with provisions that
vehicles be parked on an .improved surface, be screened from view, and
all tra.h and debris be kept clear from the vehicle, the 1II8jority of
the resistance to this program would be eliminated.
Attached propo.ed 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. RecOllDDended for adoption.
~ I .Iu.......-.....d...!i ~ G..tL.-CJ-
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 aBLATING TO
VEHICLE ABA'1'BMBN'1'.
THE MAYOR AND COMMON COUNCIL OF SAN BERNARDINO DO ORDAIN AS
FOLLOWS:
Section 1.
Section 8.36.020 of the San Bernardino
Municipal Cod. i8 h.r.by ....nd.d as follows:
"8.36.020 Definitions.
Except as otherwise defined in thi8 chapter, all t.ras us.d
in this chapter which ar. d.fined by applicable State law or this
Code are used in the chapter as so defined, unless from the
,
context it clearly appsars that a different meaning is intended.
A. "Abandon.d vehicle" m.ans any vehicle left standing or
parked for 8eventy-two (72) or more consecutive hours upon a
street, all.y, off-street parking facility, public propsrty or
private propsrty without the cons.nt of the owner.
B.
"Highway" means a way or place of whatever nature,
18 publicly maintained and open to the use of the pUblic for
19 purpose8 of vehicular travel. "Highway" includes street.
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21 under one of the following categories:
c. "Historic vehicle" means any vehicle which qualifies
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(1) Motor vehicle with an engine of 16 or more cylinders
manufactur.d prior to 1965.
(2) V.hicle manufactured in the year of 1922 or p~ior
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 valUcle 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 valUcle" 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, lIOVed 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 structure.."
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. ~hi. ezception shall not, however, authorize the
maintenance of a public or private nuisance as defined under
provi.ions 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.
Ezcept 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,
ezcept 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
purpose. specified in this chapter to ezamine 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 4. Section 8.36.080 of the San Bernardino
Municipal COde is hereby amended 8S follows:
"8.36.080 Abatement Authority.
Upon discovering the ezistence of an abandoned, wrecked,
dismantled, or inoperative vehicle, or parts thereof, on private
property or public property within the City, the Director of
Facilities Management, or his representatives shall have the
authority to cause the abatement and removal thereof in
accordance with the procedure prescribed in this chapter."
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Sec~ion 5. S.c~ion 8.36.090 of ~he San Bernardino
Municipal COde is amended ~o read as follows:
"8.36.090 Ten-day no~ice required.
A ~en-day no~ice of in~en~ion ~o aba~e and remove ~he
vehicle, or par~ ~ereof, as a public nuisance shall be issued.
Such ~en-day no~ice of in~en~ion ~o aba~e shall be mailed by
ce~ified mail or regis~ered mail, re~urn reoeip~ reques~ed, ~o
~he owner of ~he land, as shown on ~he las~ equalized ass.ssm.n~
roll, and ~o ~he las~ regis~ered owner and/or legal owner of
record of ~he vehicle, unless ~he vehicle is in such condi~ion
~ha~ iden~ifica~ion numbers are no~ available ~o de~ermine
ownership. The no~ices of in~en~ion shall be in subs~an~ially
~he following forms:
'NOTICE OF IN'l'BN'l'ION TO ABAft AND RBMOVE AN
ABANDONBD, WRBCKBD, DISMANTLBD, OR
INOPBRATIVE VBIIICLB( S ) OR PART( S ) '1'HBRBOF
AS A PUBLIC NUISANCE
(Name and address of owner of ~e land)
As owner shown on ~he las~ equalized asses_en~ roll of
~he land loca~ed a~ (address), you are hereby no~ified ~ha~ ~he
undersigned, pursuan~ ~o San Bernardino Municipal COde Section
8.36.080 has determined ~ha~ ~here exis~s upon said land an
abandoned, wrecked, disman~led or inopera~ive vehicle or parts
~hereof regis~ered ~o
, license number
, which cons~i ~u~es a publiC nuisance pursuant
~o ~e provisions of San Bernardino Municipal COde Chap~er 8.36.
You are hereby no~ified ~o aba~e said nuisance by the
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re.oval of said vehicle (or said parts of a vehicle) wi thin 10
days from ~he da~e of mailing of ~his no~ice, and upon your
failure ~o do the same will be aba~ed and removed by the Ci ~ and
~he co.~s ~hereof, ~ogether wi~h adminis~a~ive cos~s, assessed
~o you as owner of the land on which said vehicle (or said parts
of a vehicle) is loca~ed.
As owner of ~ land on which .aid vehicle (or .aid pa~s
of a vehicle) is loca~ed, you are hereby no~ified ~ha~ you may,
wi ~hin 10 days af~er ~he mailing of ~his no~ice of in~en~ion,
reques~ a public hearing, and if such a wri~~en reques~ is no~
received by ~he Direc~or of Facili~ies Manag..en~ of ~he Ci~ of
San Bernardino wi~n such 10-day period, ~he Direc~or or his
represen~a~ive shall have ~he au~hori~ ~o cause the aba~emen~
and removal of said vehicle (or pa~s of a vehicle) as a pUblic
nuisance and assess ~he cos~s as aforesaid wi~hou~ a public
hearing. You .ay submi ~ a sworn wri ~~en s~a~emen~ wi ~hin such
10-day period denying responsibili~ for the presence of said
vehicle (or said par~s of vehicle) on said land, wi~~ your
reasons for denial, and such s~a~..en~ shall be cons~rued as a
reques~ for hearing a~ which your presence is no~ required. You
may appear in person a~ any hearing reques~ed by you or ~he owner
of the vehicle or, in lieu ~hereof, may presen~ a sworn wri ~~en
s~a~...n~ as aforesaid in ~ime for considera~ion a~ such hearing.
No~ice Mailed /s/
(Da~e) (Designa~ed Officer)
'NOTICE OF IN'l'BN'l'ION TO ABAH AND REMOVE AN
ABANDONBD, WRBCKBD, DISMANTLBD, OR
INOPBRATIVE VBIIl:CLB(S) OR PAR'l'(S) TIIBRBOF
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AS A PUBLIC NUISAIICB
(N... 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, ~equest 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 repre~entative, 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 o! the land upon
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wMch 'the veMcle is located sut.i ts a written request for public
hearing to 'the Director of Facilities Management witMn 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
veMcle 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 veMcle or parts thereof
against 'the proper1:y on wMch it is located.
B. If the owner of the land on which the vehicle is
located submits a sworn written statement denying responsibili1:y
for 'the presence of 'the vehicle on 'the land, with reasons for
such denial, within such ten-day period, said statement shall be
cons1:rued as a request for a hearing wMch 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 veMcle 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 wi1:Mn said ten days after mailing of the notice of
intention to abate and remove, the Ci1:y shall have the authori1:y
to abate and remove the vehicle or parts thereof as a pUblic
nuisance wi'thout 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 hear1.ngs under this chapter shall be held before
the Board of Building COmmissioners, who shall hear all facts and
te.t~y. Said facts and te.t~y 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 l1mi ted 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 stat_ent in t1me
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 de_s 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 r_oved 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 r~al 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 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 ~he Board order shall be sent ~o the pa~
who requested the hearing."
Sec~ion 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 Builcl1ng Commissioners to the Common Cou,ncil wi thin 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 Cocle 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 Builcl1ng Commissioners
or within fifteen (15) days following the appeal of said order,
the City lIay cU,spose of the vehicle or part thereof by removal to
a scrapyard or automobile di8llan~ler's yard. After a vehicle has
been relloved, it shall no~ 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 Sec~ion 5004 of the Vehicle Code, in which
case ~he vehicle lIay be reconstructed or lIade operable.
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AN OBDINNlCB OF THE CITY OF SAN BBRNARDINO .AMBNDING CHAP'l'ER
8.36 OF tR8 SAN BBRNARDINO MUNICIPAL CODB RELA~ING TO VEHICLE
ABATBMBNT .
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 Mellbers:
m!
NAYS
ABSTAIN
ESTRADA
REILLY
FLORES
HAUDSLEY
MINOR
POPE-LUDLAM
MILLER
City Clerk
The foregoing resolution is hereby approved this
day
of
, 1990.
W. R. HolCCl8lb, Mayor
City of San Bernardino
Approved as to
form and legal content:
JAMES F. PENMAN,
City Attorney
By:
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