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HomeMy WebLinkAbout3267 n I I ~7 ~ 1 ORDINANCE NO. i 2I ORDINANCE OF THE CITY OF SAN BERNARDI 0 AMENDING ORDINANCE NO. 2969 ENTITLED IN PART "AN ORDINANCE PROVIDING FOR THE 3 ABATEMENT AND REMOVAL AS PUBLIC NUISANCES OF ABANDONED, WRECKED, DISMANTLED OR INOPERATIVE VEHICLES AND PROVIDING FOR RE- 4 QUIRED FORM OF NOTICE TO THE OWNER OF THE LAND AND VEHICLE AND RIGHT OF SAID OWNERS TO A PUBLIC HEARING, AND REPEALING ORDINANCE 5 NO. 3240. 6 THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO DO ORDAIN AS FOLLOWS: 7 SECTION 1. Ordinance No. 2969 Section One is hereby amended 8 to read as follows: 9 i "SECTION ONE: In addition to and in accordance 10 with the determination made and the authority granted by the State of California under Section 22660 of the Ali 11 Vehicle Code to remove abandoned, wrecked, dismantled ~ or inoperative vehicles or parts thereof as public 12 nuisances, the Mayor and Common Council of the City of San Bernardino hereby make the following findings 13 and declarations: 14 The accumulation and storage of abandoned, wrecked, dismantled or inoperative vehicles or parts thereof on 15 private or public property not including highways is hereby found to create a condition tending to reduce the 16 value of private property, to promote blight and deterio- ration, to invite plundering, to create fire hazards, to 17 constitute an attractive nuisance creating a hazard to the health and safety of minors, to create a harborage 18 for rodents and insects and to be injurious to the health, safety and general welfare. Therefore, the presence of 19 an abandoned, wrecked, dismantled or inoperative vehicle or part thereof, on private or public property not in- 20 cluding highways, except as expressly hereinafter per- mitted, is hereby declared to constitute a public 21 nuisance which may be abated as such in accordance with the provisions of this ordinance. 22 As used in this ordinance: 23 (a) The term 'vehicle' means a device by which any 24 person or property may be propelled, moved or drawn upon a highway, except a device moved by human power or used 25 exclusively upon stationary rails or tracks. 26 (b) The term 'highway' means a way or place of whatever nature, publicly maintained and open to the use 27 of the public for purposes of vehicular travel. Highway includes street. 28 (c) The term 'public property' does not include 29 'highway'. 30 (d) The term 'owner of the land' means the owner of the land on which the vehicle, or parts thereof, is lo- 31 Gated, as shown on the last equalized assessment roll. 32 I' i l~l~ (e) The term 'owner of the vehicle' means the I last registered owner and legal owner of record." 2 SECTION 2. Ordinance No. 2969 Section Seven is hereby 3 amended to read as follows:- 4 "SECTION SEVEN. Upon discovering the existence of 5 an abandoned, wrecked, dismantled, or inoperative ve- hicle, or parts thereof, on private property or public 6 property within the city, the Supervising License Inspector or other authorized city officers, shall 7 have the authority to cause the abatement and removal thereof in accordance with the procedure prescribed 8 herein." 9 SECTION 3. Ordinance No. 2969 Section Eight is hereby 10 amended to read as follows: 11 "SECTION EIGHT. A 10-day notice of intention to abate and remove the vehicle, or parts thereof, as a 12 public nuisance shall be mailed by registered mail to the owner of the land and to the owner of the ve- 13 hide, unless the vehicle is in such condition that identification numbers are not available to determine 14 ownership. The notices of intention shall be in sub- stantially the following forms: 15 NOTICE OF INTENTION TO ABATE AND REMOVE AN 16 ABANDONED, WRECKED, DISMANTLED, OR INOPERATIVE VEHICLE OR PARTS THEREOF AS A PUBLIC NUISANCE 17 (Name and address of owner of the land) 18 19 As owner shown on the last equalized assessment roll of the land located at (address), you are hereby notified 20 that the undersigned pursuant to Section Seven has deter- ~ mined that there exists upon said land an (or parts of 21 an) abandoned, wrecked, dismantled or inoperative ve- hicle registered to license 22 number whic constitutes a public nuisance pursuant to the provisions of Ordinance No. 23 2969, as amended. 24 You are hereby notified to abate said nuisance by the removal of said vehicle (or said parts of a vehicle) 25 within 10 days from the date of mailing of this notice, and upon your failure to do so the same will be abated 26 and removed by the city and the costs thereof, together with administrative costs, assessed to you as owner of 27 the land on which said vehicle (or said parts of a vehicle) is located. 28 As owner of the land on which said vehicle (or said 2g parts of a vehicle) is located, you are hereby notified that you may, within 10 days after the mailing of this 30 notice of intention, request a public hearing and if such a request is not received by the Franchise Bureau 31 of the City of San Bernardino within such 10-day period, the Supervising License Inspector or other authorized 32 city officer shall have the authority to abate and - 2 - i 1 remove said vehicle (or said parts of a vehicle) as a public nuisance and assess the costs as aforesaid with- 2 out a public hearing. You may submit a sworn written statement within such 10-day period denying responsi- 3 bility for the presence of said vehicle (or said parts of a vehicle) on said land, with your reasons for 4 denial, and such statement shall be construed as a request for hearing at which your presence is not re- 5 quired. You may appear in person at any hearing re- quested by you or the owner of the vehicle or, in lieu 6 thereof, may present a sworn written statement as afore- said in time for consideration at such hearing. 7 Notice Mailed /s/ 8" date) (designated officer) 9 10 NOTICE OF INTENTION TO ABATE AND REMOVE AN ABANDONED, WRECKED, DISMANTLED OR INOPERATIVE 11 VEHICLE OR PARTS THEREOF AS A PUBLIC NUISANCE 12 (Name and address of last registered and/or legal owner of record of vehicle--notice 13 should be given to both if different.) 14 As last registered (and/or legal) owner of record of 15 (description of vehicle--make, model, license, etc.), you are hereby notified that the undersigned pursuant to Section Seven has determined that said vehicle (or 16 parts of a vehicle) exists as an abandoned, wrecked, dis- mantled or inoperative vehicle at (describe location 17 on public or private property) and constitutes a public nuisance pursuant to the provisions of Ordinance No. 18 2969, as amended. 19 You are hereby notified to abate said nuisance by the removal of said vehicle (or said parts of a vehicle) 20 within 10 days from the.. date of mailing of this notice. 21 As registered (and/or legal) owner of record of said 22 vehicle (or said parts of a vehicle), you are hereby notified that you may, within 10 days after the 23 mailing of this notice of intention, request a public hearing and if such a request is not received by the Franchise Bureau of the City ofSan Bernardino with- 24 in such 10-day period, the Supervising License In- spector or other authorized city officer shall have 26 the authority to abate and remove said vehicle (or said parts of a vehicle) without a hearing. 26 Notice Mailed /s/ 27 ate designated officer " 28 SECTION 4. Ordinance No. 2969 is hereby amended by adding 29 thereto Section Eight and One-half to read as follows: 30 "SECTION EIGHT AND ONE-HALF. Upon request by 31 the owner of the vehicle or owner of the land re- ceived by the Supervising License Inspector or other 32 authorized city officer within 10 days after the ~ - 3 - iI 1 mailing of the notices of intention to abate and remove, a public hearing shall be held by the 2 Franchise Bureau of the City of San Bernardino on the question of abatement and removal of the 3 vehicle or parts thereof as an abandoned, wrecked, dismantled or inoperative vehicle, and the assess- 4 ment of the administrative costs and the cost of removal of the vehicle or parts thereof against 5 the property on which it is located. 6 If the owner of the land submits a sworn written statement denying responsibility for the presence 7 of the vehicle on his land within such 10-day period, said statement shall be construed as a 8I request for a hearing which does not require his presence. Notice of the hearingshall be mailed, 9' by registered mail, at least 10 days before the hearing to the owner of the land and to the owner 10~ of the vehicle, unless the vehicle is in such condition that identification numbers are not 11 available to determine ownership. If such a request for hearing is not received within said 12 10 days after mailing of the notice of intention to abate and remove, the city shall have the 13 authority to abate and remove the vehicle or parts thereof as a public nuisance without hold- 14 ing a public hearing." 15 SECTION 5. Ordinance No. 2969 Section Nine is hereby 16 amended to read as follows: 17 "SECTION NINE. All hearings under this ordinance shall be held before the Franchise Bureau of the City 18 of San Bernardino which shall hear all facts and testi- mony it deems pertinent. Said facts and testimony may 19 include testimony on the condition of the vehicle or part thereof and the circumstances concerning its 20 location on the said private property or public property. The Franchise Bureau shall not be limited by the techni- 21 cal rules of evidence. The owner of the land on which the vehicle is located may appear in person at the hear- 22 ing or present a written statement in time for consider- ation at the hearing, and deny responsibility for the 23 presence of the vehicle on the land, with his reasons for such denial. 24 The Bureau may impose such conditions and take 25 such other action as it deems appropriate under the circumstances to carry out the purpose of this ordi- 26 nance. It may delay the time for removal of the vehicle or part thereof if, in its opinion, the circum- 27 stances justify it. At the conclusion of the public hearing, the Bureau may find that a vehicle or part 28 thereof has been abandoned, wrecked, dismantled or is inoperative on private or public property and order 29 the same removed from the property as a public nuisance and disposed of as hereinafter provided and determine 30 the administrative costs and the cost of removal to be charged against the owner of the parcel of land on 31 which the vehicle or part thereof is located. The order requiring removal shall include a description of 32 the vehicle or part thereof and the correct identifi- cation number and license number of the vehicle, if available at the site. - 4 - I ~i, ~I 1~ If it is determined at the hearing that the vehicle was placed on the land without the consent 2 of the land owner and that he has not subsequently acquiesced in its presence, the Bureau shall not 3 assess costs of administration or removal of the vehicle against the property upon which the vehicle 4 is located or otherwise attempt to collect such costs from such land owner. 5 If the owner of the land submits a sworn written 6 statement denying responsibility for the presence of the vehicle on his land but does not appear, or if 7 an interested party makes a written presentation to the Franchise Bureau of the City of San Bernardino 8 but does not appear, he shall be notified in writing ~ of the decision." 9 10 SECTION 6. Ordinance No. 2969 Section Ten is hereby amended 11 to read as follows: 12 "SECTION TEN. Any interested party may appeal the decision of the Bureau by filing a written notice 13 of appeal with the said Bureau within five days after its decision. 14 Such appeal shall be heard by the Mayor and Com- 15 mon Council who may affirm, amend or reverse the order or take other action deemed appropriate. 16 The clerk shall give written notice of the time 17 and place of the hearing to the appellant and those persons specified in Section Eight. 18 In conducting the hearing, the Mayor and Common 19 Council shall not be limited by the technical rules of evidence." 20 SECTION 7. Ordinance No. 3240 is hereby repealed. 21 I HEREBY CERTIFY that the foregoing ordinance was duly adopted 22 by the Mayor and Common Council for the City of San Bernardino at 23 g f_5 a /Z.L meetin thereof held on the 24 day of 1972, by the following vote, to wit: 25 ~ 7 _ AYES : Counci /men ~-a->.,~re GL~~.Ec.z ~-~~`s<-2 27 ~ NAYS: 28 ~ ABSENT: ~-%~~--t"-~~ 29 _ 30 T Clem 31 T1~e foregoing ordinance is hereby approve :his ~ day of y'~,~^ 32 1972. ~ Approved as to form: i ~ ~ ~ ~~r / L ~ ~l`~'d?~t~ ayor e City of an Bernardino ~ City A torney I cP~