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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Dept.: City Attorney's Office
Subject: Ordinance of the City of San Bernardino
Amending Chapter 10.16 of the San
Bernardino Municipal Code relating to
Code Compliance Authority to Abate
Abandoned Vehicles on Public Streets.
From: James F. Penman,
City Attorney
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Date: April 7, 1997
Synopsis of Previous Council action:
On November 26,1990, Ordinance 10.16.150 was amended in MC-762 as follows: (1)" Director
of Facilities Management" was substituted in lieu of Public Buildings Superintendent; (2) section
"B" formerly in MC-64l was deleted and (3) section "E" was added.
Recommended motion:
That Council approve the proposal to amend San Bernardino Municipal Code g 1 0.16.150, to
authorize the Code Compliance Division to abate abandoned vehicles as defined in San
Bernardino Municipal Code gI0.16.230.
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Signature
Contact person: Charlene D. Kobrine Phone: 5355
Supporting data attached: Ward:
FUNDING REQUIREMENTS: Amount:
Source: (Acct. No.)
(Acct. Descrintion)
Finance:
Council Notes:
Laid Over
Agenda Item No. J5
1.f/7jq7
CDKltbm[veh.abale ]
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STAFF REPORT
Council Meeting Date: Mondav April 7. 1997
TO:
FROM:
DATE:
AGENDA ITEM:
Mayor and Common Council
James F. Penman, City Attorney
March 31,1997
Ordinance of the City of San Bernardino Amending Section 10.16.150 of
the San Bernardino Municipal Code relating to Code Compliance
Authority to Abate Abandoned Vehicles on Public Streets.
Currently, the Code Compliance Division is authorized to abate vehicles on private property
pursuant to San Bernardino Municipal Chapters 8.30 and 15.24.
The authority to conduct vehicle abatements on public property is specifically granted to the
Facilities Management Department in San Bernardino Municipal Code Chapter 10.16.
When the Code Compliance Division reorganized in 1996 and merged with the Rental Housing,
Neighborhood Services and the Vehicle Abatement Unit, it was intended that Code Compliance
would assume the Facilities Management responsibility to abate abandoned vehicles on public
streets. As a result, Code Compliance obtained the Facilities Management vehicle abatement
budget and personnel to conduct the vehicle abatements, however, they currently lack the express
authority in the Municipal Code to act.
By passing this amendment to Chapter 10.16 of the San Bernardino Municipal Code, the Code
Compliance Division is authorized and empowered to remove abandoned vehicles from public
streets.
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Char ene D. obrine
Deputy City Attorney
CDKltbm[veh.srl]
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ORDINANCE NO.
AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING
CHAPTER 10.16 OF THE SAN BERNARDINO MUNICIPAL CODE AMENDING
3 SECTION 10.16.150 AUTHORIZING THE CODE COMPLIANCE DIVISION TO
REMOVE AND ABATE ABANDONED VEIDCLES ON PUBLIC STREETS PURSUANT
4 TO CALIFORNIA VEIDCLE CODE fi 22651 AND SAN BERNARDINO MUNICIPAL
CODE fi 10.16.230.
THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO
6 DO ORDAIN AS FOLLOWS:
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5
7 SECTION 1. Section 10.16.150 is hereby amended by adding subsection F to read as
follows:
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9
10
11
12
13
14
15
16
17 III
18 III
III
19 III
20 III
21 III
III
22 III
23 III
24 III
III
25 III
26 III
27 11/
III
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"10.16.150 Parking enforcement.
(F) The Code Compliance Manager, or his or her
authorized representatives, is authorized pursuant
to Section 22651 of the California Vehicle Code
or other State law to remove any abandoned motor
vehicle, trailer or dolly parked, left standing or
abandoned upon any street, alley, off-street public
parking facility, or other property owned, leased,
operated and! or controlled by the City for
seventy-two (72) or more consecutive hours."
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ORDINANCE NO.
AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING
3 CHAPTER 10,16 OF THE SAN BERNARDINO MUNICIPAL CODE AMENDING
SECTION 10.16,150 AUTHORIZING THE CODE COMPLIANCE DIVISION TO
4 REMOVE AND ABATE ABANDONED VEHICLES ON PUBLIC STREETS PURSUANT
TO CALIFORNIA VEmCLE CODE fi 22651 AND SAN BERNARDINO MUNICIPAL
5 CODE fi 10.16.230.
6 I HEREBY CERTIFY that the foregoing Ordinance was duly adopted by the Mayor
7 and Common Council of the City of San Bernardino at a meeting thereof,
held on the _ day of , 1997, by the following vote, to wit:
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9 Council Members:
10
NEGRETE
11 CURLIN
12 ARIAS
13 OBERHELMAN
DEVLIN
14 ANDERSON
15 MILLER
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17
18
AYES
NAYS
ABSTAIN
ABSENT
CITY CLERK
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The foregoing Ordinance is hereby approved this _ day of
,1997
TOM MINOR, Mayor
City of San Bernardino
Approved as to fonn
23 and legal content:
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25 JAMES F. PENMAN,
City Attorney
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