HomeMy WebLinkAbout29691
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
29
30
31
32
ORDINANCE N0.`5~~/'
AN ORDINANCE OF THE CITY OF SAN BERNARDINO PROVIDING FOR THE
ABATEMENT AND REMOVAL AS PUBLIC NUISANCES OF ABANDONED WRECKED
DISMANTLED OR INOPERATIVE VEHICLES OR PARTS THEREOF FR~M PRIVAT~
PROPERTY OR PUBLIC PROPERTY NOT INCLUDING HIGHWAYS AND RECOVERY OE
COSTS OF ADMINISTRATION THEREOF AS AUTHORIZED BY SECTION 22660 OF
THE VEHICLE CODEo
THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO
DO ORDAIN AS FOLLOWSo
SECTION ONEo In addition to and in accordance with the
determination made and the authority granted by the State of Cal-
ifornia under Section 22660 of the Vehicle Code to remove abandon
wrecked, dismantled or inoperative vehicles or parts thereof as
public nuisances, the Mayor and Co~on Council of the City of San
Bernardino hereby make the following findings and declarations:
The accumulation and storage of abandoned~ wrecked, dis-
mantled or inoperative vehicles or parts thereof on private or
public property not including highways is hereby found to create
a condition tending to reduce the value of private property, to
promote blight and deterioration, to invite plundering, to create
fire hazards, to constitute an attractive nuisance creating 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 general welfareo Therefore, the presence of an abandoned,
wrecked, dismantled or inoperative vehicle or part thereof, on
private or public property not including highways, except as
expressly hereinafter permitted, is hereby declared to constitute
a public nuisance which may be abated as such in accordance with
the provisions of this ordinance.
As used in this Ordinance:
(a) The term "vehicle" 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,
(b) The term "highway" means a way or place of whatever
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
29
301
31'I
32
~ nature, publicly maintained and open to the use of the public for
purposes of vehicular travel. Highway includes streeto
(c) The term "public property" does not include "highway"o
SECTION TWOo This Ordinance shall not apply too
(a) A vehicle or 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; or
(b) A vehicle or part thereof which is stored or parked in
a lawful manner on private property in connection with the business
of a licensed dismantler, licensed vehicle dealer, a junk dealer,
or when such storage or parking is necessary to the operation of
a lawfully conducted business or commercial enterprise.
Nothing in this section shall authorize the maintenance of
a public or private nuisance as defined under provisions of law
other than Chapter 10 (commencing with Section 22650) of Division 1
of the Vehicle Code and this Ordinance.
SECTION THREE: This Ordinance is not the exclusive regu
of abandoned, wrecked, 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 legal entity or agency
having jurisdictione
SECTION FOUR: Except as otherwise provided herein, the
provisions of this Ordinance shall be administered and enforced by
the Supervising License Inspector or other authorized city officer,
In the enforcement of this Ordinance such officer and his deputies
may enter upon provate or public property to examine a vehicle or
parts thereof, or obtain information as to the identity of a
vehicle declared to be a nuisance pursuant to this Ordinance,
SECTION FIVE; When the Mayor and Common Council have con-
tracted with or granted a franchise to any person or persons, such
person or persons shall be authorized to enter upon pri.vate
-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
26
27
28
29
30'~
31
32
i
property or public property to remove or cause the removal of a ,
vehicle or parts thereof declared to be a nuisance pursuant to this',
Ordinance. ~ ~I
SECTION SIX: The Mayor and Coc~on Council shall from time ~I
to time determine and fix an amount to be assessed as administrative
costs under this Ordinanceo
i
SECTION SEVEN: A public hearing shall be held on the questio~
of abatement and removal of the vehicle or part 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 part thereof against the property on which it is
locatedo Notice of hearing shall be mailed at least ten days befo:
the hearing by certified mail, with a five-day return requested,
to the owner of the land as shown on the last equalized assessment
roll and to the last registered and legal owner of record unless
the vehicle is in such condition that identification numbers are
not available to determine ownershipo If any of the foregoing
notices are returned undelivered by the United States Post Office,
the hearing shall be continued to a date not less than ten days fr~
the date of such returno
SECTION EIGHTe Notice of hearing shall also be given to the
California Highway Patrol identifying the vehicle or part thereof
proposed for removal, such notice to be mailed at least ten days
prior to the public hearing,
SECTION NINE: All hearings under this Ordinance shall be
held before the Franchise Bureau of the City of San Bernardino
which shall hear all facts and testimony it deems pertinento Said
facts and testimony may include testimony on the condition of the
vehicle or part thereof and the circumstances concerning its
location on the said private property or public property, The
Franchise Bureau shall not be limited by the technical rules of
evidence. The owner of the land on which the vehicle is located
-3-
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 deniala
The Bureau may impose such conditions and take such other
~ action as it deems appropriate under the circumstances to carry out
~ the purpose of this Ordinance. It may delay the time for removal
of the vehicle or part thereof if, in its op~,nion, the circumsta
s
justify it, At the conclusion of the public hearing, the Bureau
10
11
12
13
14
15
16.
17I
18I
19I
20I
21II
22
23
24
25
26
27
28
29
30
31
32
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 administrativ
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 locatedo
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,
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 Bureau
shall not assess costs of administration or removal of the vehicle
against the property upon which the vehicle is located or other-
wise attempt to collect such costs from such land owner,
If an interested party makes a written presentation to the
Bureau but does not appear, he shall be notified in writing of the
decisiona
SECTION TEN: Any interested party may appeal the decision
of the Bureau by filing a written notice of appeal with the said
Bureau within five days after its decisiono
Such appeal shall be heard by the Mayor and Common Council
who may affirm, amend or reverse the order or take other action
deemed appropriatea
-4-
The clerk shall give written notice of the time and place
of the hearing to the appellant and those persons specified in
Section Seven.
In conducting the hearing, the Mayor and Co~on Council shall
~ not be limited by the technical rules of evidenceo
6
7
8
9
10
11
12
13
14
15
16
17!
18
19
20.
21~I
22I
23
24
25
26
27
28
29
30
31
32
SECTION ELEVEN: Five days after adoption of the order
declaring the vehicle or parts thereof to be a public nuisance,
five days from the date of mailing of notice of the decision if
such notice is required by Section Nine, or fifteen days after
such action of the governing body authorizing removal following
appeal, the vehicles or parts thereof may be disposed of by removall
i
to a scrapyard or automobile dismantler~s yard. After a vehicle ~
has been removed, it shall not thereafter be reconstructed or made
~ operableo
SECTION TWELVE: Within five days after the date of removal
I of the vehicle or part thereof, notice shall be given to the
Department of Motor Vehicles identifying the vehicle or part the
removed. At the same time there shall be transmitted to the Dep
ment of Motor Vehicles any evidence of registration available,
including registration certificates, certificates of title and
license plateso
SECTION THIRTEEN; If the administrative costs and the cost
of removal which are charged against the owner of a parcel of land
pursuant to Section Nine are not paid within thirty days of the
date of the order, or the final disposition of an appeal therefrom,
such costs sha11 be assessed against the parcel of land pursuant
I to Section 3877305 of the Government Code and shall be transmitted
' to the Cou~ty Auditox for collection. Said assessment shall have
the same priority as other city taxes,
I HEREBY CERTIFY that the foregoing ordinance was duly
adopted by the Mayor and Cou~on Council of the City of San
-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
29
30
31
32
Bernardino at a ~- meeting thereof,
held on the ~ o,r~ y of ~ , 196Q by the foll~wing vote,
to wit;
AYESa
NOES:
ABSENT
~
~ ~~-_,
_~_
City erc
The foregoing ordinance is hereby approved this ~/~1. day
of ~ut~, 1969,
~
~,,
o t e o n erna ino
Approved as to form~
~/~t^~ h"/~
/
City A torney
F'1 LED
JAN 21 1969
T N, City Clerk
~~n