HomeMy WebLinkAbout22- Mayor's Office CITY OF SAN BERNARDINO —REQUEST FOR COUNCIL ACTION
From: Glenn Baude, Director Subject: Ordinance amending Sections
8.36.050,lacing t parking and 8 rage f
O relating to parking and storage of
inoperable and abandoned vehicles.
Dept: Code Compliance/Mayors Office
Date: March 27,2000
Synopsis of Previous Council Action:
January 31, 2000 reviewed by Legislative Review Committee.
March 13, 2000 Legislative Review Committee referred to full Council.
Recommended Motion:
The said ordinance to be laid over for final adoption.
Signature
Contact person: Glenn Baude Phone: 3845364
Supporting data attached: Yes Ward
FUNDING REQUIREMENTS: Amount:
Source: (Acct. No.)
(Acct. Description)
Finance:
Council Notes:
Agenda Item No.
43JADOD
CITY OF SAN BERNARDINO—REQUEST FOR COUNCIL ACTION
STAFF REPORT
Subject:
Ordinances of the City of San Bernardino amending Sections 8.36.050, 8.36.100, and
8.36.120 of the San Bernardino Municipal Code related to administration and
enforcement of abandoned vehicles.
Background:
Chapter 8.36 of the San Bernardino Municipal Code prohibits storage of abandoned
vehicles. The primary enforcement agency for this chapter is currently Code
Compliance. There is a need to update the current ordinance as it still authorizes the
Superintendent of Buildings or his representative to c'-:use removal of inoperative
vehicles. Staff proposes changes to Municipal Code Sections 8.36.100 and 8.36.050
replacing Superintendent of Buildings and Grounds with Code Compliance Director. In
addition, we propose changing Municipal Code Section 8.36.120 to reflect Code
Compliance's current hearing process using a Hearing Officer and Board of Building
Commissioners.
Financial Impact:
There is no cost associated with the ordinance revisions.
Recommendation:
That said ordinances be laid over.ji final adooaon.
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4 ORDINANCE NO.
5 AN ORDINANCE OF THE CITY OF SAN BERNARDINO
AMENDING SECTION 8.36.050 OF THE SAN BERNADINO MUNICIPAL
6 CODE RELATED TO ADMINISTRATION AND ENFORCEMENT OF
ABANDONED VEHICLES
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8 THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO DO ORDAIN AS FOLLOWS:
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SECTION 1. Section 8.36.050 of the San Bernardino Municipal Code is
10 hereby amended to read as follows:
11 Section 8.36.050 Administration and enforcement.
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Except as otherwise provided in this Chapter, the provisions of this
13 Chapter shall be administered and enforced by the Code Compliance Director, or
his representatives, except that the removal of vehicles(s) or parts(s)thereof from
14 property may be by any other duly authorized person. Any such authorized person
15 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
16 vehicle, and remove or cause the removal of a vehicle part thereof declared to be a
17 nuisance pursuant to this Chapter.
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I ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTION
2 8.36.050 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO
ADMINISTRATION AND ENFORCEMENT OF ABANDONED AND INOPERABLE
3 VEHICLES.
4 I HEREBY CERTIFY that the foregoing ordinance was duly adopted by the Mayor and
5 Common Council of the City of San Bernardino at a joint regular meeting thereof, held on the
6 _day of , 2000,by the following vote,to wit:
7
Council Members: AYES NAYS ABSTAIN ABSENT
8
ESTRADA
9
10 LIEN
11 MCGINNIS
12 SCHNETZ
13 SUAREZ
14 ANDERSON
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16 MCCAMMACK
17
18 City Clerk
19 The foregoing ordinance is hereby approved this day of
2000.
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21
22 Judith Valles, Mayor
City of San Bernardino
23 Approved as to
Form and legal content:
24
25 JAMES F. ENMAN,
City Atto
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By:
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2 ORDINANCE NO
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4 AN ORDINANCE OF THE CITY OF SAN BERNARDINO
AMENDING SECTION 8.36.100 OF THE SAN BERNARDINO
5 MUNICIPAL CODE RELATED TO PUBLIC HEARING FOR
ABANDONED VEHICLES
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7 THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO DO ORDAIN AS FOLLOWS:
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SECTION 1. Section 836.100 is hereby amended to read as follows:
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10 Section 8.36.100 Public Hearing
11 A. Upon request by the owner of the vehicle or owner of the land
received by the Director of Code Compliance, within 10 days after the mailing of
i2 the notices of intention to abate and remove, a public hearing shall be held by the
Hearing Office, on the question of abatement and removal or the vehicle or parts
13 thereof as an abandoned, wrecked, dismantled or inoperative vehicle and the
14 assessment of the administrative costs and the cost or removal of the vehicle or
parts thereof against the property on which it is located.
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B. If the owner of the land submits a sworn written statement
16 denying responsibility for the presence of the vehicle on his land within such ten-
17 day period, said statement shall be construed as a request for hearing which does
not require his presence. Notice of the hearing shall be mailed,by registered mail,
18 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
19 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,
20 the City shall have the authority to abate and remove the vehicle or parts thereof as
21 a public nuisance without holding a public hearing.
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�1/3/d
1 ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTION
2 8.36.100 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO PUBLIC
HEARING FOR ABANDONED VEHICLES.
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4 I HEREBY CERTIFY that the foregoing ordinance was duly adopted by the Mayor and
5 Common Council of the City of San Bernardino at a joint regular meeting thereof, held on the
6 day of 2000,by the following vote,to wit:
7 Council Members: AYES NAYS ABSTAIN ABSENT
8 ESTRADA
9 LIEN
10 MCGINNIS
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12 SCHNETZ
13 SUAREZ
14 ANDERSON
15 MCCAMMACK
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17 City Clerk
18 The foregoing ordinance is hereby approved this day of
19 2000.
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21 Judith Valles,Mayor
22 City of San Bernardino
Approved as to
23 Form and legal content:
24 JAMES . PENMAN,
25 City A
26 By
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1 ORDINANCE NO.
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3 AN ORDINANCE OF THE CITY OF SAN BERNARDINO
4 AMENDING SECTION 8.36.120 OF THE SAN BERNARDINO
MUNICIPAL CODE RELATED TO APPEALS OF VEHICLE
5 ABATEMENT HEARING DECISIONS
6 THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
7 BERNARDINO DO ORDAIN AS FOLLOWS:
8 SECTION 1. Section 8.36.120 is hereby amended to read as follows:
9 Section 8.36.120 Appeal
10 Any interested party may appeal the decision of the Hearing Officer,to the
11 Board of Building Commissioners. All requests for appeal of the hearing order
shall include a fee as established by resolution. If the Board of Building
12 Commissioners find the appeal to be valid, the appeal fee shall be reimbursed to the
appellant.
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1 ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTION
2 8.36.120 OF THE SAN BERNARDINO MUNICIPAL CODE RELATED TO APPEALS
OF VEHICLE ABATEMENT HEARING DECISIONS.
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I HEREBY CERTIFY that the foregoing ordinance was duly adopted by the Mayor and
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5 Common Council of the City of San Bernardino at a joint regular meeting thereof, held on the
6 _day of 2000,by the following vote,to wit:
7 Council Members: AYES NAYS ABSTAIN ABSENT
8 ESTRADA
9 LIEN
10 MCGINNIS
11
SCIINETZ
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13 SUAREZ
14 ANDERSON
15 MCCAMMACK
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17 City Clerk
18 The foregoing ordinance is hereby approved this day of
19 2000.
20
21 Judith Valles, Mayor
22 City of San Bernardino
Approved as to
23 Form and legal content:
24 JAMES F ENMAN,
25 City Art
26 By. J:lf
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