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HomeMy WebLinkAbout32-Building & Safety . l:ITY OF SAN BERNARDINO - REQUt:;ST FOR COUNCIL AtoilOtl From: Mark I. Sutton, Director of Bui lding g. Safety oept: BUILDING g. SAFETY SUBJECT: ABANDONED VEHICLES Date: JULY 19, 1988 4 Synopsis of Previous Council action: At the Meeting of the Code Review AdHoc C~mmittee hel~ on Jul~ 14, 1988, the Committee recommended approval of the Ordlnance Amendlng Sectlon 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.) Recommen-'!ed motion: That further reading of the Ordinance be waived and said Ordinance be laid over for final passage. ~:// Signature . ; . /~ , -:717~., - . Contact person: Mark Sutton Phone: 5071 Supporting ~ata attached: YES Ward: N/A FUNDING REQUIREMENTS: Amount: Source: Finance: Council Notes: 75.026Z Agenda : ~em No. 3.:6 CI'. 1 OF SAN. BERNARD' 10 - REQUF'T FOR COUNCIL AC"'--'ON STAFF REPORT ABANDONED 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 cenditions. Staff respectfully requests the adoption of the attached Ordinance. 15-0264 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 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 Bernardino, at a meeting held on the day of 19 ,by the following vote, to wit: AYES: Council Members NAYS: ABSENT: City Clerk The foregoing resolution is hereby approved this 23 day of 19 24 Evlyn Wilcox, Mayor City of San Bernardino 25 Approved as to form and. legal content: . .-" 26 , . 27 ');:;.'-:--J'1~ I i/~V!..,';r;,- 28 ~~ty Attorney v JFW:ss May 27, 1988 1 C I T Y 0 F SAN B ERN A R DIN 0 INTEROFFICE MEMORANDUM 8804-319 TO: James Penman, City Attorney FROM: Mark I. Sutton, Building' Safety Director SUBJECT: Abandoned Vehicles on Private Property DATE: April 26, 1988 (7422) ----------------------------- -------------------------------- Mayor Evlyn Wilcox, Jim Robbins - Administration, Jim Richardson-Administration/Development Services Council Office, Chief Newcombe-Fire Department COPIES: 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, ~7/~ Mark I. Sutton, Director/Building Official BUILDING , SAFETY DEPARTMENT MIS/tmo c - v o . San Bernardino \ , \ ... L D ... C " I ( F NEW C 0 M.B E ~.3'. O~O F I .. << G E R , 1 . E D I ~ A . T . I. . , ""I PREy.WTIO- DI"'IIOW A='R:L ::.lqas SW:~S' 101".1",.'" :'~':IQ M:):!es.to S~n 5e~nard~no.c6.=:~,:,a ~ef: 1:58 E. :~~~ ~~.S.B. D-=~"" 1'"";$. We.lkS'....: ~e h~J~ ~nsoe=~~= t~e a~cv~ ~e~~~~-=~~ =r=~~~~v ~nd ~~~O no f -~ c~de ~.~clat~o~5. ~ur e~+=~=eman~ cf ~=~n~cn. ~nooer~~~v~ ye~~=~~~ 15 liml~ed and s~~ce ~he5e v~hi=les ~~e l~c?ted l~ th~ rea~ ~a""= e~~~nd an ~nclo52~ fe~=e l~ l~ bevon~ t~e sc~~~ of O~r au~no~~~... I ~?ve fc~~a~ce= y~U~ :et~er t~ :.w~lc~~~ and t~ey :an nelc ~ou W1t~ YOU~ ~rc=le~. Sc.fE":Y -:0 S:5' f =;.nce~elv Ge~.r 1 d tJe....;::oCTloe =,..."'" C~.~.&..... - - - "-~ . J/IV~ f"":l.keY J. Parlo'.. F,:re r-1~~s~.al .:: _.',J .. .-: --.-;' - ~". . ... ....:....... ~. ...-...- 2 JOE .. S T :: 01, L I ~ 0 ~ N T '" I .. :l I A 9 2 . 5 r ,iii E E , 0 '1I 1I 9 SA'" aERP\lAAOINO 7 , . I 1 . . . S 1 . . PRiDE ;' .~.... !N PROGR:::SS . -~~ ..... _: _.ro_';'.:'~" ....,--;-.* r .-' /1' ~ :- ~~/' qC, / (1) ../ Sua:!.e \lfallter 3d Mode. to (uil-P.O. Box 50~l, SaIl Bet'UardiAo, Ca. 92lt(8) SaIl Bernardi DO , Cal1forn:l.a Hareh e, lq8! n.re Prevention 200 East 'n'l:!.rd Street San Bernardino, Cal:I.torn:La Q240Z Subject: Unlavtull use ot residental property l25~ Eaat 3qth Street, San Bernardino, California QZ404 Please accept this letter as my tormal requeat to correct the ~a- use ot resident&! property described above. This property stores seyen to t.D junkecl automobiles vhich are alovly b.ing dismantled ior used parta. An auto~bile r.pair garage is located at this address. My complaint and request for correction is prompted for the folloving reaso1'US : 1. Gw.rd dogs are chained (under rr;t b.droom vindov) vhich "bark and cry cont:!.noualy at night. I do not dare to walk the sida ot my ho.. because the dogs pose such a threat to ~ aatat,.. 2. Very undeairable men are meeting at th~s location and quite otten a disagreem.nt vill occur and very towl langllAg8 can be readily heard. 3. I suspect th. automobiles create a breading plac. tor misquitos plus a t:l.re hazard wen the graas and veeds grov around the junk.d yeh:i.cles. I f..l it th.s. automobiles vere not being atored I vould not be exposed to the above tore-mentioned complaints. The actiyiti.s at this addreas are not normal for a residential neighborhood. I invested 5~,OOO.OO, to up-grade this little bouse. I built and also purchased housea in Beeh. Canyon vhich v.r. sold. I decided to aak. this as co.tortible as my hill-top in ~eche Canyon. My improvements have influenced the neighbora. N.v roots, landscaping and i~rov.ments are obvious in the neighborhood. The inyeat..nt h.re will have be.n my miatake if I cannot g.t h.lp trom the government that controls this aection ot the city ie, Tire nepartment, (lIisuse ot property) Ani..l Control (barking gIlArd dogs), City Clerk (city licen.e) Police l)epartm"nt (.eetin.. plsce for the undiserables) and City Council (repr.sentation of the City). Because ot the risk I encounter taking this action I think it best ~ complaint be d....d annoyomous, it possible. I respectihully bonor your deacreption iD th:!.s matter. yncerel~1 ) _ / A.: -~c./'"tX/.:ZLk-/ .' Susie Walker ....... ._':__"1 ,-.__....__, ....1..__ ,..., __I. n_'.._.... """...............,,+-"'-4 +v 1""1"111"1"'; 1 HEAL1li AND SAFETY wncked, dismantled or moperative vehic;les or partS thereof as public nuisances, the Mayor and Common Council hereby make the fOllowing fmdinp and declarations: The accumulation anei storqe of abandoned, wrecked, dismantled or inoperative vehicles or partS thereof on private or public property not in- cludmg hi&hways is found to create a condition tending to reduce the value of private property, to promote bJi&ht and deterioration. to invite plunderin&, to create fue haz.uds, to constitute an attnctive nuisance creatmg a hazard to the health and safety of minors. to create a harborage for rodents and insects and to be injurious to the health, safety and &cnen! welfare. Therefore, the presence of an abandoned, wrecked, dismantled or inoperative vehicle or part thereof on private or public property not includmg highways. except as expressly hereinafter permirted, is a public nuisance which may be abated as such in accordance with the provisions of this chapter. (Ord. 3685 (part), 1977;Ord. 2969 ~ I (part), 1969.) 8.36.020 Defmitions. As used in this chapter: A. "Highway" means a way or place of whatever nature. publicly majntajned and open to the use of the public for purposes of vehicular travel. "Highway" includes street. B. "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. C. "Owner of the vehic;le" means the last registered owner and legal owner of record. D. "Public property" does not include "highway." E. "Vehic1e" means a device by which any person or property may be propelled, moved or drawn upon a highway except a device moved by human power or used exclusively upon stationary rails or tracks. (Ord. 3685 (part).1977;Qrd. 2969 ~ I (part). 1969.) 8.36.030 Applicability. This chapter sh.all not apply to: A. A vehicle or part thereof which is completely enclosed within a building,iOr by a fence or waIl.\in a lawful (SUI_10M) 476 ABANDONED VEHICLES manner where it is not visible from the street or other public or private property; or B. A vehicle or part thereof which is $tored or parked in a law- ful manner on private property in connection with the business of a licensed dismantler, licensed vehicle dealer, or a junlcyard. This exception shall not, however, authorize the maintenance of a public or private nuisance IS defmed under provisions of law. (Ord. MC-IS3, 4-19-82; Ord. 3685 (part), 1977; Old. 2969 i 2, 1969.) 8.36.040 Chapter not exclusive. This chapter is not the exclusive regulation of abandoned, ~cked, dismantled or inoperative vehicles within the City. It shall supplement and be in addition to the other regulatory codes, statutes and ordinances heretofore or hereafter enacted by the City, the state or any other lepJ entity or agency having jurisdiction. (Qrd. 2969i 3, 1969.) 8.36.050 Aciministration &DC! enforcement. Except as otherwise provided in this chapter, the provisions of this chapter shaI1 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. M1Y such authorized person may enter upon private property for the purposes specified in this chapter to examine a vehicle or partS thereof, obtain informa- tion as to the identity of a vehicle, and remove or cause the removal of a vehicle or part thereof dec1ared 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 fnanchisee to enter privale property. When the Mayor and Common Council have contracted with or gnn~d a fnanchise to any person or persons, such person or persons shall 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 pursuant to this chapter. (Ord. 2969 i 5, 1969.) 477 (S&n Bcnwdina 4.&6) Council Member Estrada made a motion, seconded iJy Council Member Reilly and unanimously carried, that the minutes of the Pol ice Building Ad Hoc Committee meeting held July B, 19B8, 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, 198B, Council Agenda with the Acting Ci ty Administrator's approval. 3. Limited Issuance of Permits - Item 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 unanimous ly carr ied, that the minutes of the Code Review Ad Hoc Committee meeting held July 14, 1988, be received and filed. 23 1/1B/88 ~ ~ - --- f;.ITY OF SAN BERNARDu~O - REQU~.;T FOR COUNCIL AC. ION Date: JULY 19, 1988 SUBJECT: 1:~~0:N.E~ ~EH~CLES... S/ 'I/,?J' ,.;J I;;" ~g~ ~~lfl'~ From: Mark I. Sutton, Director of Bui lding & Safety Dept: BUILDING & SAFETY Synopsis of Previous Council action: NONE Recommeno:led motion: That the attached Amendment to the San Bernardino Municipal Code, Section 8.36.030, Sub-Section (A), "Abandoned Vehicles", be approved as requested by the Director of Building and Safety, and reviewed and recommended by the Code Review AdHoc Committee. / > "/ Y7 j; /' '_. t.. /_ Signature )/6., Contact person: Mark Sutton Phone: 5071 Supporting :lata attached: YES Ward: N/A FUNDING REOUIREMENTS: Amount: Source: Finance: Council Notes: 75.0262 Agenda I tem No. 1 2 3 4 5 6 8 9 10 11 12 13 14 15 16 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: i Section 8.36.030 subsection (A) of the San SECTION 1. 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 Bernardino, at a meeting held on the day of 19 ,by the following vote, to wit: AYES: Council Members 1i 18 19 20 21 22 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 and legal content: 2i 28 City Attorney 1 JFW:ss May 27, 1988 C11. OF SAN BERNARDIL.) - REQUE~ r FOR COUNCIL AC'\.DN STAFF REPORT ABANDONED 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. 75-0264