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HomeMy WebLinkAbout33-City Attorney CIT\ OF SAN BERNARDI"'.oJ - REQUEl.. FOR COUNCIL ACT .IN From: Subject: Changing Title of Chief Engineer to Fire Chief Ralph H. Prince Dept: City Attorney Date: January 24, 1986 Synopsis of Previous Council action: 1/9/86 Legislative Review Committee recommended approval of attached ordinance, and further that the City Attorney change all references of "Chief Engineer" to "Fire Chief" in applicable ordinances and resolutions by reference. (The latter recommendation is accomplished by separate ordinance and resolution.) Recommended motion: Waive further first reading of ordinance and layover for final adoption. i'/() " ,/7 ,. ..:...:,,:,: ""/,,,",, .~.::., ,:,..; ~'<{ ,'. ..., (/ "",,.'c-,"', ". :u_"" Jf .. - ~~ . Signature Contact person: ______._J'!il!Jill1l. Sabourin__.. Phone: 5055 Supporting data attached: )'e$ Ward: N/A FUNDING REQUIREMENTS: Amount: None Sou rce: N/A ~ Finance: Council Notes: Aqenda Item No,- .:f... ~ J 75-0262 CIT\ OF SAN BERNARDlh..J - REQUE~ ,/ FOR COUNCIL ACT~"N STAFF REPORT At the request of Gerald M. Newcombe, Fire Chief, San Bernardino Municipal Code Chapter 8.36, regarding abandoned vehicles, has been reviewed and updated. This Chapter has been amended to replace the title "Chief Engineer of the Fire Department" with the current title "Fire Chief". Of particular concern to Chief Newcombe was San Bernardino Municipal Code Section 8.36.090, notice of intention to abate, which is mailed to vehicle and property owners. The notice also contained the term "Chief Engineer," and thus created confusion as to who had the authority to cause the abatement of an abandoned vehicle (or parts of a vehicle). The amendment resolves all confusion. Section 8.36.090 of the San Bernardino Municipal Code was further amended to direct that all notices of intention to abate mailed to property and vehicle owners shall be sent by certified or registered mail, return receipt requested, as an additional means of ensuring receipt of the notice. It was also requested that Section 8.36.090 be amended to omit the option of having the property owner and the owner of the vehicle sign releases authorizing the removal of said vehicle. This transfers the responsibility of the removal of said vehicle upon the City, which now incurs a $20 charge for each vehicle that must be removed. This amendment would alleviate such additional costs incurred by the City. At its meeting of January 9, 1986, the Legislative Review Committee recommended approval of the attached ordinance. 75-0264 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 ORDINANCE NO. 1 2 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. 3 4 5 6 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 7 Code is amended to read as follows: "8.36.050 Administration and enforcement. Except as otherwise provided in ttis 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 25 Chief, or other authorized City officers, shall have the 26 authority to cause the abatement and removal thereof in 27 2H accordance with the procedure prescribed in this chapter." / / / / / / / / 1 1 2 3 4 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 2] 22 23 24 25 2G 27 5 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 0 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 th 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 , ~X' 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 2 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 / / / / 2:-J 2G1 1 2 3 4 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 5 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 b the City Administrator of the City of San Bernardino within such lO-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 lO-day period denying responsibility for the presence of said vehicle (or said parts of vehicle) on said land, with your reasons for denial, an such statement shall be construed as a request for hearing at which your presence is not required. You may appear in person a 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/ (Designated Officer) (Date) / / / / 27 2R: 3 10 1] ]2 ]3 14 15 ]6 17 18 ]9 20 2] 22 23 24 ~I WI 27 2R ] 2 3 4 5 6 7 8 '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 9 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 publi 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 th 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) 4 1 2 3 4 5 6 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 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 7 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 meeting thereof, held on , 19__, by the following the day of vote, to wit: AYES: Councilmen NAYS: ABSENT: City Clerk The foregoing ordinance is hereby approved this day of , 19__. 2;, Mayor of the City of San Bernardin9 Approved as to form: I 2G .' , --<.-.1 / 27 2R ,,,- . I i ~.~-. , / ( j City Attorney "