HomeMy WebLinkAbout55-Building & Safety
~ OF SAN BERNARoQO - REaOEsT FOR COUNCIL CbTION
From: Mark I, Sutton, Director of 8ui Idlng & Safety
Dept: BUILDING & SAFETY
SUBJECT: ABANDONED VEHICLES
Date:
JULY 19, 1988
4
Synopsis of Previous Council action:
At the Meetin9 of the Code Review AdHoc Committee held on July 14, 1988, the
Committee recommended approval of the Ordinance Amending Section 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.)
Rec:ommen-::ted motion:
That further reading of the Ordinance be waived and said Ordinance be laid
over for final passage.
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Signature
Contact person:
Mark Sutton
Phone:
5071
Supporting :lata anached:
YES
War~:
NfA
FUNDING REQUIREMENTS:
Amount:
Source:
Finance:
Council Notes:
15.0212
. ~.
Agenda item No SS-'
.CITOOF SAN BERNARDI~ - REQ~T FOR COUNCIL A,,-ION
STAFF REPORT
A8ANDONED 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.
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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
of
meeting held on the
, 19__, by the following vote, to wit:
day
Bernardino, at a
Council Members
AYES:
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 an legal con ent:
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JFW:ss
May 27, 1988
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C I T Y 0 F SAN B ERN A R DIN 0
INTEROFFICE MEMORANDUM
8804-319
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TO: James Penman, City Attorney
FROM: Mark I. Sutton, Building' Safety Director
SUBJECT: Abandoned Vehicles on Private Property
DATE:
Apr il 26, 1988
(7422)
COPIES:
Mayor Evlyn Wilcox, Jim Robbins - Administration,
Jim Richardson-Administration/Development Services
Council Office, Chief Newcombe-Fire Department
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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,
D.7/~
Mark I. Sutton,
Director/Building Official
BUILDING , SAFETY DEPARTMENT
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~a haJ~ inspe=~e~ t~e .~Ov. refe~9~=ee ~~:~.~~y _nd 4~~d no +. ~~
c~de ~'iclat1o~S. ~ur'.nfc~=emen~ cf ~=~n~cn. ~~o~.rat1v. veh1Cl~5
is limited and .S1nce ~hes. vehi:les 6~. loc~te~ i~ the rEA~ y~~~
~~~ind an ~nclo$a~ f.~=e ~~ 15 ~evond t~e sc~~e of O~r au~nO~1~Y.
I ~~ve fo~~arde= y~U~
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SUOnari1ao, Ca. 9ZltOS)
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Me.rc:!a a, 1955
l'1re Pr.Y.DUOll
200 Eaat 1hlrtl Str..t
SaD IaJ'llU'CliDO, Cal1forn1a qzltOz
Sub;ject: UDlawfull .. of naid.ntal propert)'
l2S! iut ~th Str..t, SU Bernardino, Californ1. qzltOlt
'1.... acc.pt tb18 l.tt.r .. ~ formal r.qu.at to corr.ct the ~.-
_. of re.id.ntal prop.l't)' d.acribed .bov.. 'ftI1. prop.l't)' .tor..
....D to t.D ;jIlllkM .lItoIlll1l11.. which are .10w}: beilll ~.-A..tled
tor uaed parte. All .uto_ll1le repair p.r.,. 1a loc.t.4 lit U1.
.ddr....
)CJ oo.pl&1nt ud ...qu..t for oorrection i. proapted for the foUorine
r...OD8:
1. GlI&Z'd dop are ohain.d (WIder 11\7 becl.rooa window) wh1ch baz'k
ucl CI"7 CODUaoual: .t a1pt. I do IIOt dare to walk the md.
of WIIf ho.. bee.ua. the dop PO" .ucb . threat to WIIf ..fa1:7.
2. v.ry Wld..i,..bl. ..Il are ...tine .t thi. loc.tioD ucl qmt.
ott.n . ti.........nt rill OCO\lJ' and nl"7 fowl lllllSlMlP Call b.
re.cU.l: b.ard. .
}. I .uap.d the .utollOolle. or.ate . bread1111 plac. for lIi..qu1t08
plu a fire !lazard wh.n the 11'''. and weed. p<ow aroUDd the
;juak.d yebiol...
I f..l if th... autollObile. w.r. IIOt beinS .tor.d I vould IIOt be .xpo..el
to the abov. fore_Dtion.dco.plainta. '1'/1.. actiY1ti.. at thi. addrH&
are not DONAl for a re.U.ntial D8ighborbood.
I illV..tad IltO,OOO.lXl, to up-crade tlU.. Uttl. ao... I built and alAlo
purchaa.d bou_ ill Reeh. Ca11YOll wII10h w.... 8Old. I d.oided to 8aIt. thi.
.. oo"ortibl. .. .Y hl11-top iD ~ch. CaD10D. )CJ i.,roy....t. !lav.
iDflu.Do.d the D8ipbor.. N.w roof., l&lldaeap1DS ad i.,ro....Dt. are
obYio\18 in tb. neighborhood.
'1'/1.. illy..t..llt ber. rill have b..n WIIf ~.tak. if I o_t ,.t h.lp froa
the sonrn..llt that oODtrola thi. .actloD of the city ie, 111'. Depart..Dt,
(~au. of property) ADiM1 CoDtrol (barldAS pard dop). C1ty Cleft
(clty 11c....) Pollca I)epart."Dt (..aUD.. plac. for the 1IA41a.,..blu) ael
C1t: CoUl1cll (reF_.ntation of the C1t;y).
Iaca.. of the ri_ I .Deounter tald.ng thi. aeUon I think it be.t WIIf
c_,laint be clee.lId &lIaoyOIlOU, if poa81bl.. I ....pecUblll11 boDoI' ;YO\lJ'
4NCreptioD ill th1a ..tt.r.
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CC-Aniaal Control-City Clerk-Police Oe,...t..Dt~it)' Council
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:)
HEALTH AND SAFETY
wrecked. dismantled or .inoperative whicles or partS thereof IS
public nuisances. the Mayor and Common COlIDciI hereby malee
the followin& rUldinp and declarations: The accumulation and
storqe of abandoned. wrecked. dismantled or inoperative
vehicles or partS thenlof on private or public property not in-
c:IudiD& hiahways is found to create a condition tendina to
nduce the Yalue of private property, to promote bli&ht and
deterioration. to invite plunderin&. to create fire hIzuds, to
constitute an attnc:tift n";",,'=8 creatine a ba.zarcl to the
health and safety of minors, to create a hIrborap for rodents
and insects and to be injurious to the health. safety and ..nen)
welfare. 'Therefore. the presence of an abandoned, wrecked.
dismantled or inoperatift whic:le or part thereof on private or
public property not inc:ludinJ hilhways, except IS expressly
hereinafter pemaitted. is a public nuisance which may be
abated IS such in accordance with the provisions of this chapter,
(Ord. 3685 (part),1977;Ord. 2969 II (pert), 1969,)
8.36.020 Definitioas.
A5 used in this chapter:
A, "Hiahway" means a way or place of whatever nature,
publicly maintained and open to the use of the public for
Puiposes of ~hicular tra~l. "Hiahway" inc:ludes street.
S, "Owner of the land" means the oWller of the land on
which the ~hic:le, or parts thereof. is located, as shown
on the last eqll~ H7'ld assessment roll.
C. '"Owner of the whicle" means the last reeistered oWller and
lepl oWller of record. .
0, "Public property" does not include "hiahway'"
E. "Vehicle" means. device by which any person or property
may be propelled, mo~d or drawn upon a hiahway except
a device mowd by human power or used exclusi~ly upon
stationary rails or tracks.
(Ord, 3685 (part).1977;Ord. 2969 II (part), 1969,)
8.36.030 Applicability,
This chapter shall not apply to:
A, A vehicle or part thereof 'II .
within a buildinc. or by a
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ABANDONED VEHICLES
, manner where it is not ,visible from the street or other
public or private property; or
B, A "hiele or part thereof which is stored or parked in a law-
ful manner on private propertY in connection with the
business of a licensed dismantler, licensed "hiele dealer,
or a junlcyard, This exception sbaIl Dot, however, authorize
the maintenance of a public or private Duisance as defIDed
WIder provisions of law,
(Ord, MC-I 53,4-19-82: Ont, 3685 (part), 1977; Ont. 2969 i 2.
1969,)
8.36,040 Chapter Dot exelusive.
This chapter is not the exclusive reculation of abandoned,
wrecked, dismantled or inoperative vehicles within the City. It
shaI1 supplement and be in addition to the other recuJatory
cocIes. statutes and ordinances heretofore or hereafter enactlld
by the City. the state or any other lepJ entity or aaency baYina
jurisdiction. (Ont. 2969" 3. 1969,)
8.36.050 AdmiDistratioa aDd eaforcement.
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 offJCer. except tbat the removal
of vebiele(s) or partes) thereof from property may be by any
other duly authorized person, Any such authorized person may
enter upon private propertY for the PIlfllOSCS spec:UJed in this
chapter to examine a vehicle or parts thereof. obtain informa-
tion as to the identity of a vebicle, and remove or cause the
removal of . vehiele or part thereof declazed 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 franchisee to enter private property,
When the Mayor and Common Council have contracted
with or arantcd a franchise to any person or persons, such
person or persons shal1 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 pUBUant
to this chapter. (Ord, 2969 , 5, 1969.)
477
(San _0 ....,)
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Council Member Estrada made a motion, seconded by
Council Member Reilly and unanimously carried, that the
minutes of the Police Building Ad Hoc Committee meeting
held July 8, 1988, 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, 1988, Council
Agenda with the Acting Ci ty Administrator's
approval.
3. L imi ted I ssuance of permi ts - I tem 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 unanimously carried, that the
minutes of the Code Review Ad HOC Committee meeting held
July 14, 1988, be received and filed.
23
7/18/88