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ORDINANCE NO. ~ 6 t.;.r
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ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING
ORDINANCE NO. 2969 ENTITLED IN PART "AN ORDINANCE. . . PRO-
VIDING FOR THE ABATEMENT AND REMOVAL AS PUBLIC NUISANCES
OF ABANDONED, WRECKED, DISMANTLED OR INOPERATIVE VEHICLES
OR PARTS THEREOF FROM PRIVATE PROPERTY OR PUBLIC PROPERTY. .
AND PROVIDING FOR CERTAIN REVISIONS IN ORDER TO COMPLY WITH
CHANGES IN THE STATE LAW AS SET FORTH IN THE CALIFORNIA
VEHICLE CODE.
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THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO
7 DO ORDAIN AS FOLLOWS:
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SECTION 1. The title of Ordinance No. 2969 is hereby
9 amended to read as follows:
10 "AN ORDINANCE OF THE CITY OF SAN BERNARDINO PROVIDING
11 FOR THE ABATEMENT AND REMOVAL AS PUBLIC NUISANCES OF ABANDONED,
12 WRECKED, DISMANTLED OR INOPERATIVE VEHICLES OR PARTS THEREOF
13 FROM PRIVATE PROPERTY OR PUBLIC PROPERTY, NOT INCLUDING
14 HIGHWAYS, AND RECOVERY OF COSTS OF ADMINISTRATION THEREOF AS
15 AUTHORIZED BY SECTIONS 22660 THROUGH 22664 OF THE VEHICLE
16 CODE."
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SECTION 2. Ordinance No. 2969, Section One is hereby
18 amended to read as follows:
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"SECTION ONE: In addition to and in accordance with the
determination made and the authority granted by the State of
California under Sections 22660 through 22664 of the Vehicle
Code to remove abandoned, wrecked, dismantled or inoperative
vehicles or parts thereof as public nuisances, the Mayor and
Common Council of the City of San Bernardino hereby make the
following findings and declarations:
The accumulation and storage of abandoned, wrecked,
dismantled or inoperative vehicles or parts thereof on
private or public property not including highways is hereby
1 found to create a condition tending to reduce the value of
2 private property, to promote blight and deterioration, to
3 invite plundering, to create fire hazards, to constitute an
4 attractive nuisance creating a hazard to the health and
S safety of minors, to create a harborage for rodents and
6 insects and to be injurious to the health, safety and
7 general welfare. Therefore, the presence of an abandoned,
8 wrecked, dismantled or inoperative vehicle or part thereof,
9 on private or public property not including highways, except
10 as expressly hereinafter permitted, is hereby declared to
11 constitute a public nuisance which may be abated as such in
12 accordance with the provisions of this ordinance.
13 As used in this ordinance:
14 (a) The term "vehicle" means a device by which any
15 person or property may be propelled, moved or drawn upon a
16 highway except a device moved by human power or used
17 exclusively upon stationary rails or tracks.
18 (b) The term "highway" means a way or place of whatever
19 nature, publicly maintained and open to the use of the public
20 for purposes of vehicular travel. Highway includes street.
21 (c) The term "publiC: property" does not include
22 "highway. "
23 (d) The term "owner of the land" means the owner of the
24 land on which the vehicle, or parts thereof, is located,
25 as shown on the last equalized assessment roll.
26 (e) The term "owner of the vehicle" means the last
27 registered owner and legal owner of record."
28 SECTION 3. Ordinance No. 2969, Section TwO, Subsection
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1 (b) is hereby amended to read as follows:
2 "(b) A vehicle or part thereof which is stored or
3 parked in a lawful manner on private property in connection
4 with the business of a licensed dismantler, licensed vehicle
5 dealer, or a junkyard. This exception shall not, however,
6 authorize the maintenance of a public or private nuisance as
7 defined under provisions of law."
8 SECTION 4. Ordinance No. 2969, Section Four, is hereby
9 amended to read as follows:
10 "SECTION FOUR: Except as otherwise provided herein, the
11 provisions of this Ordinance shall be administered and enforced
12 by the Chief Engineer of the Fire Department of the City of
13 San Bernardino or other authorized city officer, except that
14 the removal of vehicles or parts thereof from property may be
15 by any other duly authorized person. Any such authorized
16 person may enter upon private property for the purposes
17 specified in this Ordinance to examine a vehicle or parts
18 thereof, obtain information as to the identity of a vehicle,
19 and remove or cause the removal of a vehicle or part thereof
20 declared to be a nuisance pursuant to this Ordinance."
21 SECTION 5. Ordinance No. 2969, Section Eight, is hereby
22 amended to read as follows:
23 "SECTION EIGHT: A 10-day notice of intention to abate
24 and remove the vehicle, or part thereof, as a public nuisance
25 shall be issued, unless the property owner and the owner of
26 the vehicle have signed releases authorizing removal and
27 waiving further interest in the vehicle or part thereof.
28 Such 10-day notice of intention to abate shall be mailed by
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1 registered or certified mail to the owner of the land, as
2 shown on the last equalized assessment roll, and to the
3 last registered and legal owners of record, unless the
4 vehicleis in such condition that identification numbers are
5 ot available to determine ownership. The notices of intention
6 shall be in substantially the following forms:
7 "NOTICE OF INTENTION TO ABATE AND
REMOVE AN ABANDONED, WRECKED, DISMANTLED,
8 OR INOPERATIVE VEHICLE OR PARTS THEREOF
AS A PUBLIC NUISANCE
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(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, dismantled or in-
operative vehicle registered to
license number , which const1tutes 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,
and upon your failure to do so the same will be abated
and removed by the city and the costs thereof, together
with administrative costs, assessed to you as owner
of the land on which said vehicle (or said parts of
a vehicle) is located.
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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 Department or other
authorized city officer shall have the authority to
cause the abatement and removal of said vehicle (or
parts of a vehicle) as:apublic.nuisance-and assess
the costs as aforesaid without a public hearing. You
may submit a sworn written statement within such 10-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 YOuF
presence is not required. You may appear in person
at any hearing requested by you or the owner of the
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vehicle or, in lieu thereof, may present a sworn
written statement as aforesaid in time for
consideration at such hearing.
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Notice Mailed
/s/
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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 undersigned pursuant
to Section Seven has determined that said vehicle
(or parts of a vehicle) exists as an abandoned,
wrecked, dismantled or inoperative vehicle at (describe
location on public or private property) and 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.
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
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 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.
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Notice Mailed
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(date)
(designated officer)
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SECTION 6. Ordinance No. 2969, Section Eleven is
23 hereby amended to read as follows:
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"SECTION ELEVEN: Five days after adoption of the order
25 declaring the vehicle or part thereof to be a public nuisance,
26 five days from the date of mailing of notice of the decision if
27 such notice is required by Section Nine of this Ordinance, or
28 fifteen days after such action of the governing body authorizing
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iremoval following appeal, the vehicle or part thereof may
2 be disposed of by removal to a scrapyard or automobile
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dismantler's yard. After a vehicle has been removed, it
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shall not thereafter be reconstructed or made operable, unless
it is a vehicle which qualifies for either horseless carriage
license plates or historical vehicle license plates, pursuant
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to Section 5004 of the Vehicle Code, in which case the vehicle
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may be reconstructed or made operable."
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SECTION 7. Ordinance No. 2969, Section Twelve, is
10 hereby amended to read as follows:
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"SECTION TWELVE: Within five days after the date of
12 removal of the vehicle or part thereof, notice shall be
13 given to the Department of Motor Vehicles identifying the
14 vehicle or part thereof removed. At the same time there shall
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be transmitted to the Department of Motor Vehicles any
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evidence of registration available, including, but not limited
Ito, the registration card, certificates of ownership, or
]license plates."
I HEREBY CERTIFY that the foregoing ordinance was duly
adopted by the Mayor and Common Council of the City of San
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Bernardino at? ~ ~
on the 77-[ day Of~~'
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lvote to wit:
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1977, by the following
meeting thereof, held
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AYES:
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NAYS:
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ABSENT:
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The foregoing ordinance
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is hereby approved this
2
, 1977.
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"'-'LED
NOV 1 0 1977
~Gt;n~cle~
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