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ORDINANCE NO. ,-:;;""j/9
ORDINANCE OF THE CITY OF S~ ~RNARDINO AMENDING ORDINANCE
NO. 2969 ENTITLED IN PART "AN ORDINANCE . . . PROVIDING FOR THE
ABATEMENT. . . OF ABANDONED. . . VEHICLES. . ."; AND EMPOWERIN
THE CHIEF ENGINEER OF THE FIRE DEPARTMENT TO CAUSE SUCH ABATEMENT
AND THE CITY ADMINISTRATOR TO ACT AS HEARING OFFICER THEREFOR.
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THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO
DO ORDAIN AS FOLLOWS:
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Section 1: Ordinance No. 2969 section Four is hereby amen -
ed to read as follows:
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"SECTION FOUR: Except as otherwise provided herein, the
provisions of this Ordinance shall be administered and enforced
by the Chief Engineer of the Fire Department of the City of San
Bernardino or other authorized city officer. In the enforcement
of this Ordinance such officer and his deputies may enter upon
private 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 2: Ordinance No. 2969 Section Seven is hereby
amended to read as follows:
"SECTION SEVEN: Upon discovering the existence of an
abandoned, wrecked, dismantled, or inoperative vehicle, or parts
thereof, on private property or public property within the city,
the Chief Engineer of the Fire Department of the City of San
Bernardino or other authorized city officers, shall have the
authority to cause the abatement and removal thereof in accordanc
with the procedure prescribed herein."
Section 3: Ordinance No. 2969 Section Eight is hereby
amended to read as follows:
"SECTION EIGHT: A 10-day notice of intention to abate and
remove the vehicle, or parts thereof, as a public nuisance shall
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be mailed by registered mail 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 owner
ship. 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 OR PARTS 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 Section
Seven has determined that there exists upon said
land an (or parts of an) abandoned, wrecked, dis-
mantled or inoperative vehicle registered to
, license number ,
which constitutes a public nuisance pursuant to the
provisions of Ordinance No. 2969, as amended.
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 so
the same will be abated and removed by the city
and the costs thereof, together with administra-
tive 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 Chief Engineer of the Fire Depart-
ment or other authorized city officer shall
have the authority to cause the abatement and
removal of said vehicle (or said 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
suchlO-'day period denying responsibility for
the presence of said vehicle (or said parts of
a vehicle) on said land, with your reasons for
denial, and such statement shall be construed
as a request for hearing at which your presence
is not required. You may appear in person at
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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 con-
sideration at such hearing.
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Notice Mailed
/s/
(date)
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NOTICE OF INTENTION TO ABATE AND REMOVE AN
ABANDONED, WRECKED, DISMANTLED OR INOPERATIVE
VEHICLE OR PARTS THEREOF AS A PUBLIC NUISANCE
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(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 under-
signed pursuant to Section Seven has determined
that said vehicle (or parts of a vehicle) exists
as an abandoned, wrecked, dismantled or inopera-
tive vehicle at (describe location on public or pri-
vate property) and constitutes a public nuisance
pursuant to the provisions of Ordinance No. 2969,
as amended.
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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 themailingofthisnoticeofintention.re_
que~t a public hearing and if such a request is not
received by the City Administrator of the City of
San Bernardino within suchlO-day period, the Chief
Engineer of the Fire Department or other authorized
city officer shall have the authority to cause the
abatement and removal of said vehicle (or said parts
of a vehicle) without a hearing.
Notice Mailed
/~~eSignated officer) "
(date)
Section 4: Ordinance No. 2969 Section Eight and One~Half is
hereby amended to read as follows:
"SECTION EIGHT AND ONE-HALF: Upon request by the owner of
27 the vehicle or owner of the land received by the Chief Engineer
28 of the Fire Department or other authorized city officer within
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10 days after the mailing of the notices of intention to abate
and remove, a public hearing shall be held by the City Adminis-
trator of the City of San Bernardino on the question of abate-
ment 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.
If the owner of the land submits a sworn written statement
denying responsibility for the presence of the vehicle on his
land within such 10-day period, said statement shall be construe
as a request for a hearing which does not require his presence.
Notice of the hearing shall be mailed, by registered mail, at
least 10 days before the hearing to the owner of the land and
to the owner of the vehicle, unless the vehicle is in such con-
dition that identification numbers are not available to deter-
mine ownership. If such a request for hearing is not received
within said 10 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: Ordinance No. 2969 Section Nine is hereby amende
to read as follows:
"SECTION NINE: All hearings under this ordinance shall be
held before the City Administrator of the City of San Bernardino
who shall hear all facts and testimony he deems pertinent. Said
facts and testimony may include testimony on the condition of th
vehicle or part thereof and the circumstances concerning its
location on the said private property or public property. The
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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.
The City Administrator may impose such conditions and take
such other action as he deems appropriate under the circumstances
to carry out the purpose of this ordinance. He may delay 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, the City Administrator 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 asa 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.
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 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.
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1 If the owner of the land submits a sworn written statement
2 denying responsibility for the presence of the vehicle on his
3 land but does not appear, or if an interested party makes a
4 written presentation to the City Administrator of the City of
5 San Bernardino but does not appear, he shall be notified in
6 writing of the decision."
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Section 6. Ordinance No. 2969 section Ten is hereby amended
8 to read as follows:
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"SECTION TEN: Any interested party may appeal the decision
of the City Administrator by filing a written notice of appeal
with the said City Administrator within five days after his
decision.
Such appeal shall be heard by the Mayor and Common Council
who may affirm, amend or reverse the order or take other action
deemed appropriate.
The Clerk shall give written notice of the time and place
of the hearing to the appellant and those persons specified in
Section Eight.
In conducting the hearing, the Mayor and Common Council
shall not be limited by the technical rules of evidence."
I HEREBY CERTIFY that the foregoing ordinance was duly
adopted by the Mayor and Common C9uncil of the City of San
Bernardino at a
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meeting thereof, held
on the . / /~'(jday <if
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, 1974, by the following
vote, to wit:
"
AYES:
Councilmen
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NAYS:
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ABSENT:
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ordinance is hereby approved this~ day
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The foreg()ing
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,. 1974.
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of
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Approved as to form:
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FILED
j-.cJl-i 1:J 197~
28 LUCILLE GOFORTH, City Clerk
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Bernardino
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