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HomeMy WebLinkAbout29-Public Works , 1 ORDINANCE NO. 2 ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTER 8.36 AND 10.16 OF THE SAN BERNARDINO MUNICIPAL CODE TO TRANSFER 3 AUTHORITY TO REMOVE ABANDONED VEHICLES FROM THE FIRE CHIEF TO THE SUPERINTENDENT OF PUBLIC BUILDINGS. 4 THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO 5 DO ORDAIN AS FOLLOWS: 6 SECTION 1. Section 8.36.050 of the San Bernardino 7 Municipal Code.is amended to read as follows: 8 "8.36.050 Administration and enforcement. Except as otherwise provided in this chapter, 9 the provisions of this chapter shall be administered and enforced by the Superintendent of Public 10 Buildings, or his representatives, under the supervision of the Department Head, except that the 11 removal of vehic1e(s) or part(s) thereof from property may be by any other duly authorized person. 12 Any such authorized person may enter upon private property for the purposes specified in this chapter 13 to examine a vehicle or parts thereof, obtain information as to the identity of a vehicle, and 14 remove or cause the removal of a vehicle or part thereof declared to be a nuisance pursuant to this 15 chapter." 16 SECTION 2. Section 8.36.080 of the San Bernardino 17 Municipal Code is amended to read as follows: 18 "8.36.080 Abatement authority. Upon discovering the existence of an abandoned, 19 wrecked, dismantled, or inoperative vehicle, or parts thereof, on private property or public property 20 within the City, the Superintendent of Public Buildings, or his representatives, under the 21 supervision of the Department Head, shall have the authority to cause the abatement and removal thereof 22 in accordance with the procedure prescribed in this chapter." 23 SECTION 3. Section 8.36.090 of the San Bernardino 24 Municipal Code is amended to read as follows: 25 27 "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 26 28 HE/dys November 18, 1988 1 ~9 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 owner and/or legal owner of record of the vehicle, 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 days from the date of mailing of this notice, and upon your failure to do 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 Superintendent of Public Buildings, or his representative 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, and such statement shall be construed as a request for hearing at which your HE/dys November 18, 1988 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 presence is not required. You may appear in person at 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 /s/ " (Designated Officer) (Date) "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 p.ndersigned, 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 Superintendent of Public Buildings, or his representative, shall have authority to cause the abatement and removal of said vehicle (or said parts of a vehicle) without a hearing. Notice mailed /s/ " (Designated Officer) (Date) SECTION 4. Section 8.36.100 of the San Bernardino 26 Municipal Code is amended to read as follows: 27 "8.36.100 Public hearing. A. Upon request by the owner of the vehicle or 28 HE/dys No'. ~mber 18, 1988 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 owner of the land received by the Superintendent of Public Buildings, 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 or his representative, 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. B. If the owner of the land submits a sworn written statement denying responsibility for the presence of the vehicle on his land within such ten-day period, said statement shall be construed as a request for a hearing which does not require his presence. 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 vehicle 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 within said ten days after mailing of the notice of intention to abate and remove, the City shall have the authority to abate and remove the vehicle or parts thereof as a public nuisance without holding a public hearing." SECTION 5. Section 8.36.110 of the San Bernardino Municipal Code is amended to read as follows: "8.36.110 Hearings to be held before City Administrator. A. All hearings under this chapter shall be held before the City Administrator or his representative, who shall hear all facts and testimony he deems pertinent. Said facts and testimony 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 City Administrator shall not be limited by the technical rules of evidence. The owner of the land on which the vehicle is located may appear in person at the hearing or present a written statement in time for consideration at the hearing, and deny responsibility for the presence of the vehicle on the land, with his reasons for such denial. 26 B. The City Administrator or his representative, may impose such conditions and take such other action as he deems appropriate under the circumstances to carry out the purpose of this chapter. He may delay 27 28 HE/dys November 18, 1988 4 1 2 3 4 5 7 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 6 the time for removal of the vehicle or part thereof if, in his opinion, the circumstances justify it. At the conclusion of the public hearing, he 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 removed from the property as a public nuisance and disposed of as hereinafter provided and determine the administrative costs and the cost of removal to be charged against the owner of the parcel of land on which the vehicle or part thereof is located. The order requiring removal shall include a description of the vehicle or part thereof and the correct identification number and license number of the vehicle if available at the site. 8 9 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, the City Administrator or his representative, shall not assess costs of administration 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. . D. If the owner of the land submits a sworn written statement denying responsibility for the presence of the vehicle on his land but does not appear, or if an interested party makes a written presentation to the City Administrator but does not appear, he shall be notified in writing of his decision." SECTION 6. Section 8.36.120 of the San Bernardino Municipal Code is amended to read as follows: "8.36.120 Appeal. Any interested party may appeal the decision of the City Administrator, or his representative, to the Common Council in accordance with the provisions of Chapter 2.64." SECTION 7. Section 10.16.110 (E), (F), and (G) of the San Bernardino Municipal Code is amended to read as follows: "10.16.110 Limited parking - Alleys and narrow streets. E. Police officers and the Superintendent of Public Buildings, or his authorized representatives, are authorized to remove from streets or highways or from public property, within the City, to the nearest garage or other place of safety, or to a garage 28 HE/dys November 18, 1988 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 designated or maintained by the Police Department, any vehicle which has been parked or left standing on such street or highway for seventy-two or more consecutive hours, or which is parked on public property or on a street or highway in violation of law or resolution, provided, in the latter instance, that signs are posted giving notice of the removal. F. Whenever a City official removes a vehicle from a street or highway or public property as authorized in this section and the City official knows or is able to ascertain from the registration records in the vehicle or from the registration records of the California Department of Motor Vehicles the name and address of the registered or legal owners thereof, such City official shall immediately give or cause to be given notice in writing to such owner of the fact of such removal, the grounds thereof and of the place to which such vehicle has been moved. In the event any such vehicle is stored in a public garage, a copy of such notice shall be given to the proprietor of such garage. G. Whenever a City official removing a vehicle from a street or a highway or public property under this section does not know and is not able to ascertain the name of the owner or for any other reason is unable to give the notice to the owner as hereinbefore provided and in the event the vehicle is not returned to the owner within a period of seventy- two hours, then and in that event the City official shall immediately send or cause to be sent written report of such removal by mail to the Department of Motor Vehicles at Sacramento and shall file a copy of such notice with the proprietor of any public garage in which the vehicle may be stored. Such report shall be made on a form furnished by such department and shall include a complete description of the vehicle, the date, time and place from which removed, the grounds for such removal and the name of the garage or place where the vehicle is stored. 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 / / / / / / / / / / / / HE/dys November 18, 1988 6 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ORDINANCE . . . AMEND ; CHPATER 8.36 AN. .LO .16 OF THE SAN BERNARDINO MUNICIPAL roDE 'ID TRANSFER AUI'lDRITY 'ID REM)VE ABANOONED VEHICLES FOCM THE FIRE CHIEF 'ID THE SUPERINI'ENDENI' OF PUBLIC BUILDINGS. 1 2 day of , 1988, by the following vote, to wit: AYES: Council Members 3 4 NAYS: 5 ABSENT: 6 7 City Clerk 8 9 The foregoing ordinance is hereby approved this day of , 1988. 10 11 12 13 14 Evlyn Wilcox, Mayor City of San Bernardino Approved as to f9rm and Legal Content: /\ ?~~- 11= y~ HE/dys November 18, 1988 7