HomeMy WebLinkAboutOrdinances_2346_CCv0001.pdf ORDINANCE NO. 22.346
.AN ORDINANCE OF THE CITY OF REDLANDS AMENDI`G CHAPTER 8.56 OF THE
REDLANDS MUNICIPAL CODE TO ESTABLISH REGULATIONS FOR VEHICLE
ABATEMENT AND REMOVAL
The City Council of the City of Redlands does ordain as follows,
Section,L Chapter 8.56 of the Redlands Municipal Code entitled "Abandoned Vehicles"
is hereby deleted in its entirety and rewritten to read as follows:
"Chapter 8.56
VEHICLE ABATEMENT AND REMOVAL
Sections:
8.56.010 Authority.
8.56.020 Agreements for vehicle abatement services.
8.56.030 Definitions.
8.56.040 Public nuisances.
8.56.050 Exceptions.
8.56.060 Chapter supplemental to existing law.
8.56.070 Prohibited uses.
8.56.080 Duty to abate.
8.56.090 Emergency abatement and other services.
8.56.100 Abatement procedures for vehicles which are a public nuisance.
8.56.110 Payment for abatement of vehicles which are a public nuisance.
8.56.120 Appeal of abatement.
8.56.1310 Appeal of charges.
8,56.140 Cancellation of charges.
8.56.150 Procedure for refund of payment.
8,56.160 Pavment for abatement of abandoned vehicles.
8.56.170 Disposal of vehicles which are a public nuisance.
8.56.180 Abatement procedures for abandoned vehicles.
8.56.190 Abatement procedures for abandoned vehicles valued at greater than three
hundred dollars.
8.56.200 Procedure for redemption of vehicles.
8.56.210 Authorization to enforce ordinances and Vehicle Code provisions.
8-56.220 Administration of Chapter.
8.56.230 Violation - Criminal penalties.
DA43028LE
8,56.240 Injunction.
8.56.250 Attorneys' Fees
8.56260 Assessment
8.06.010 Authority.
A. Pursuant to the authority cited in this Chapter. Vehicle Code Sections 22660 and
22669, Government Code Section 38773.5 and the authority granted by the state and California
Constitution Article X1, Section 7, the City Council of the City of Redlands authorizes the
Community Development Director of the City to enforce the provisions of this Chapter within the
City. This authority includes the right to enter private or public property for the purposes specified
in this Chapter, to examine a vehicle or parts thereof to obtain information as to the identity of a
vehicle and remove or cause the removal of a vehicle or parts thereof declared to be a nuisance. The
authority granted under this Chapter shall extend to any person performing a franchise or contract
awarded by the City pursuant to Vehicle Code Section 22710 after a determination has been made
by the Community Development Director pursuant to Vehicle Code Section 22669.
B. Unless determined otherwise pursuant to the prosecutorial discretion of the City
Attorney, any person interfering with or refusing entry to property to any City or contracted service
employee performing duties under this Chapter shall be guilty of a misdemeanor and, upon arrest
and conviction, shall be punished by a fine not in excess of one thousand dollars, and/or
imprisonment of not more than six (6) months. This includes all attempts to retrieve, remove or
relocate vehicles at the onset of, or during, the abatement and removal process by the City and/or
its contractors.
8.06.020 Agreements for vehicle abatement services.
A. The City may enter into an agreement with San Bernardino County, a vehicle
abatement service authority, or others, as appropriate, for vehicle abatement services provided that
San Bernardino County, the vehicle abatement service authority or others will enforce the provisions
of this Chapter. Any such agreement shall be approved by the City Council. If the City enters into
an agreement with San Bernardino County, a vehicle abatement service authority or others for
abatement services, all references in this Chapter to the responsibilities of the City in this Chapter
shall become the responsibility of such contractor.
B. The City may also enter into a franchise or execute a contract for the removal of
abandoned vehicles in accordance with applicable law. Any such agreement shall be approved by
the City Council.
8.06.030 Definitions. For the purpose of this Chapter, unless otherwise apparent frorn
the context, words used in this Chapter are defined as follows:
DJM3028LE
"Abandoned vehicle" means a vehicle which is located on public or private property without
the express or implied consent of the property owner or person in lawful possession or control of the
property.
"Director" means the Community Development Director of the City or his or her designee.
"Dismantled" means that integral component parts necessan, to operate the vehicle on a
highway, roadway or public street have been removed from the vehicle.
"Fee" means any amount of monev charged, fined or paid to the City relating to the
administration and/or enforcement costs incurred for the purpose of enforcing this Chapter,
"Inoperable" means a vehicle that is absent a motor, transmission, wheels or any other part
of equipment necessary to operate safely on a highway, roadway or public street, or to be moved
under its own power.
"Junked" means a vehicle which has been destroyed or damaged to such an extent that it is
nonrepairable.
"Licensed dismantler's yard" means premises used for dismantling or wrecking of vehicles.,
where there is buying,selling or dealing in such vehicles, their integral parts or component materials
thereof, and the sale of dismantled,partially dismantled, wrecked or inoperative vehicles.
"Lien sale" means a sale of a vehicle to obtain legal ownership of a vehicle under title or
requiring registration under the Vehicle Code.
"Owmer"means any person or entity having legal title in any personal or real property subject
to the provisions of this Chapter.
"Owner of the vehicle" means the last registered owner and legal owner of record.
"Person" means a natural person. individual, firm, co-partnership, association or corporation.
"Private property" means property owned by a person other than a public entity.
"Public property" means property owned by a public entity.
"Roadway" means that portion of a highway which is improved, designed or ordinarily used
for vehicular travel. including improved shoulders.
"Unattended vehicle" means a vehicle foi-which a licensed driver responsible for the same
is not within an audible distance and immediately available for moving the vehicle.
DJN13028LE
"Vehicle" means any device by which persons or property may be propelled,moved or drawn
upon a highway, and shall include all types of motor vehicles, but shall exclude devices moved
exclusively by human power or used exclusively upon stationary rails or tracks.
"Vehicle abatement appeals board" means a three person body appointed by the Community
Development Director to hear appeals under this Chapter.
"Wrecked"means a vehicle which has been damaged to such an extent that it is only semi-
repairable and/or uneconomical to repair.
8.06.040 Public nuisances.
Pursuant to the determination made, and the authority granted by the State under Sections
22660 et seq. of the Vehicle Code to abate and remove abandoned, dismantled, inoperative,junked
and wrecked vehicles, and/or parts thereof as public nuisances, and in accordance with the City's
police power authority,the City Council makes the following finds and declarations:
A. The accumulation or storage of dismantled,wrecked,inoperative,junked,abandoned
vehicles, or parts thereof, on private or public property is found to create a condition tending to
reduce the value of private and public property, to promote blight and deterioration, 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 welfare of the public.
B. Therefore, the presence of abandoned, dismantled, inoperative,junked or wrecked
vehicles, or parts thereof, on private or public property (other than on streets, public roadways,
alleys, right-of-way and highways) in the City, except as expressly permitted in this Chapter, is
declared to constitute a public nuisance which may be abated as such in accordance with the
provisions of this Chapter.
8.06.050 Exceptions.
A. This Chapter shall not apply to any vehicle, or parts thereof, which is completely
enclosed within a building consisting of four walls and roof and constructed in a lawful manner,
where such vehicle is not visible from the street or other public or private property or a vehicle. or
parts thereof,which is stored or parked in a lawful manner on property used in connection with the
business of a licensed dismantler, garage, vehicle dealer or junkyard.
B. This exception shall not authorize the maintenance of a public or private nuisance as
defined tinder the provisions of law other than this Chapter.
8.06.060 Chapter supplement to existing law, This Chapter is not the exclusive means
for the regulation of abandoned, dismantled, inoperative, junked or wrecked vehicles, or parts
DJM302SLE 4
thereof, or public nuisances within the City. It shall supplement and be in addition to the other
regulator,codes,statutes and ordinances heretofore or hereafter enacted by the City,the state or any
other legal entity or agency having jurisdiction over the same.
8.06.070 Prohibited uses. Any abandoned.dismantled-inoperative,junked or wrecked
vehicles, or parts thereof, or fully or partially disassembled vehicle (including vehicles without
hoods, fenders, engines, body panels, headlights.trunk lids, wheels. windows or windshields) when
placed or kept for more than seventy-two hours in residential, commercial or industrial sites (except
licensed vehicle impound storage yards., garages, vehicle dealers. junkyards and/or dismantling
yards) and visible from outside the parcel of land upon which such is or are kept, is prohibited and
constitutes a violation of this Chapter.
8.06.080 Duty to abate.
A. No person shall cause, permit. maintain, conduct or otherwise allow an abandoned,
dismantled, inoperative,junked or wrecked vehicle, or parts thereof. to be openly stored within the
City.
B. It shall be the duty of every owner, and/or occupant, in control of any land located
within the City to remove, abate and prevent the recurrence of open storage of such a vehicle. Any
recurrence of such condition of a specific vehicle on the same property may be deemed a
continuation of the original condition and additional notification requirements under Sections
8.06.100 and 8.06.2 10 of this Chapter shall not be required.
8.06.090 Emergency= abatement and other services.
Z:�
A. Emergency Abatement. When a vehicle defined by this Chapter as a public nuisance
constitutes an immediate hazard or threat of harm and the situation calls for abatement sooner than
the procedures in this Chapter allow, the Director, the Redlands Police Department or the Redlands
Fire Department,may take or cause emergency removal of such nuisance with such notice to parties
concerned,or without notice,as the particular circumstances reasonably allow. Required notification
procedures prior to disposal of such vehicle(s) shall be followed.
B. Request for Service. If any member of the public. except self storage operators,
requests the City, in writing, to remove abandoned, dismantled, inoperative, junked or wrecked
vehicles, or parts thereof the Director is authorized to provide processing and removal for a fee
which covers all City costs. The Citv or its contractors may dispose of the removed abandoned.
dismantled, inoperative,junked or wrecked vehicles or parts thereof. through transfer of title or lien
sale process, as otherwise as authorized by law,
C. Complaints. The Director shall investigate complaints associated with abandoned,
dismantled, inoperative,junked or wrecked -vehicles or parts thereof. The compliant may be made
verbally, or in writing,and must have situs address andz"or assessor parcel number with a description
DJM3028LE 5
of the violation. The process referred to in Section 8.06,100 of this Chapter will be utilized for
abatement if such is determined to be appropriate.
8.06.100 Abatement procedures for vehicles which are a public nuisance.
A. A ten-day "notice of intent to abate and remove" shall be given to the property owner
to remove the vehicle or vehicles, or parts thereof, as a public nuisance, unless the property owner
and the owner of the vehicle have signed releases authorizing removal and waivingftirther interest
in the vehicles or parts thereof. Notification shall be given either by personal delivery or posting the
property, and shall be mailed by registered or certified mail addressed to the property owner's last
known address or residence addresses as the same appears in the public records or the last equalized
assessment roll, and to the last registered and/or legal owner of the vehicle by registered or certified
mail to the last address listed with the Department of Motor Vehicles. If such a vehicle is in such
condition that identification numbers are not available to determine ownership, notice need not be
given to the last registered and/or legal owner of the vehicle.
B. The notice shall be substantially as follows:
"You are hereby notified to abate this public nuisance by removal of the vehicle(s),
or parts thereof,within ten (10) days from the date of mailing of this notice. If you
fail to do so,the public nuisance and such dismantled, wrecked,junked, inoperative,
abandoned vehicle(s), or parts thereof,may be abated and removed by the City or its
contractor and all the costs for abatement and removal, together with administrative
costs, may be assessed to the legal owner of the land on which the public nuisance
and such dismantled,junked, abandoned, inoperative vehicles, or parts thereof, are
located."
C. The ten-day notice shall also set forth the procedures and time period for filing an
appeal. The notice shall contain a statement of the hearing rights of the owner of the property on
which the vehicle is located and of the owner of the vehicle. The statement shall include notice to
the property owner that the property owner may appear in person at a hearing or may submit a sworn
statement denying responsibility for the presence of the vehicle on the land,with the reasons for such
denial, in lieu of appearing.
D, If the nuisance is not abated and a request for a hearing has not been received within
the time period given in the notice. the City, its authorized agent, contractor or employee is
authorized to abate the nuisance.
E. A "notice of intent to abate and remove" shall not be required for removal of a
vehicle, or parts thereof,which is inoperable due to the absence of a motor, transmission or wheel
and incapable of being towed; is valued at less than two hundred dollars, and is determined to be a
public nuisance presenting an immediate threat to public health or safety-, provided that the property
owner has signed a release authorizing removal and waiving further interest in the vehicle, or parts
DJM3028LE 6
thereof. Pursuant to Vehicle Code Section 22661, notice of intent to dispose of the vehicle. or parts
thereof. shall be provided to the last registered and legal owner prior to final disposition. If the
vehicle, or parts thereof, are not claimed and removed within twelve days after the notice is mailed,
the City, or its contractor. may authorize disposal of the vehicle and parts thereof. The City and its
contractors shall not be liable for damage caused to a vehicle. or parts thereof by removal pursuant
to this section. This section shall only apply to inoperable vehicles located upon a parcel that (1) is
zoned for agricultural use,or; (2)is not improved with a residential structure containing one or more
dwelling units.
F. Notice shall be given to the Department of Motor Vehicles within five days after the
date of removal of vehicles under this section, identifyingftthe vehicle, or parts thereof, and any
evidence of registration available, including, but not limited to, the registration card, certificates of
ownership or license plates.
G. No vehicle which has been abated or removed as a public nuisance shall 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 to Vehicle Code Section 5004, in which
case the vehicle may be reconstructed or made operable.
H. The City, its employees and agents, and contract services shall not be liable for
damage caused to a vehicle, or parts thereof, by removal pursuant to this Chapter.
8.06.110 Payment for abatement of vehicles which are a public nuisance.
A. When abatement has been completed, the Director may render to the City Finance
Director an itemized statement covering work necessary for the abatement. The Finance Director
may present the propem owner a demand for payment by mail. If payment is not made on behalf
of the property owner within sixty days after mailing of such bill.the Director may file the necessary
documents to make the cost of the abatement of the nuisance,a special assessment against that parcel
of land as provided in Government Code Section 38773.5. The assessment may be collected at the
same time and in the same manner as ordinary municipal taxes are collected and shall be subject to
the same penalties and sale in case of delinquency as provided for ordinance municipal taxes,
13. All laws applicable to the levy, collection and enforcement of municipal taxes shall
be applicable to the special assessment. However, if any real property to which the cost of
abatement relates has been transferred or conveyed to a bona fide purchaser for value, or if a lien of
a bona fide encumbrancer of value has been created and attached thereon, prior to the date on ,vhich
the, first installment of such taxes would become delinquent, then the cost of abatement shall not
result in a lien against the real property, but instead, shall be transferred to the unsecured roll for
collection.
C. Notices or instruments relatin- to abatement proceedings or special assessment shall
be entitled to recordation. Costs of removal and administrative costs are a debt to the City from the
DJM3028LE 7
owner of the properly and/or vehicle and may be enforced as such in any court of competent
jurisdiction,
8.06.120 Appeal of abatement.
A. Upon written request by the legal owner of the vehicle tinder title or requiring
registration under the Vehicle Code, or the owner of the land on which such vehicle is located.
received by the City within ten days after mailing the notice of intent to abate and remove, or a
sworn written statement from the owner of the land, claiming nonresponsibility for the vehicle(s),
a public hearing shall be held by the vehicle abatement appeals board on the abatement and removal
of such vehicle(s), and parts thereof, as a public nuisance.
B. The sworn written statement shall be construed as a request for hearing which does
not require the presence of the owner submitting such a request. The vehicle abatement appeals
board shall hear and act on appeals within sixty days of filing and its determination shall be
conclusive. The owner of the land on which the vehicle is located may appear in person at the
hearing, or present a sworn written statement denying responsibility for the presence of the vehicle
on the land, with the reasons for such denial.
C. If it is determined at the hearing that the vehicle was placed on the land without the
consent of the landowner and that the property owner has not subsequently acquiesced in its
presence, then the City shall not assess the costs of administration or removal of the vehicle against
the property upon which the vehicle is located or otherwise attempt to collect such cost from the
owner. If such a request is not received within such period as described in this section, then the
Director shall have the authority to remove the vehicle.
8.06.130 Appeals of charges. Any appeal from charges for the cost of removal and
abatement must be filed within sixty days from the date of billing or mailing of a bill which shows
abatement charges. The appeal shall be heard by the vehicle abatement appeals board.
8.06.140 Cancellation of charges. All of any portion of any such special assessment,
penalty, or costs heretofore entered, shall on order of the vehicle abatement appeals board be
canceled as uncollected, or refunded by the City if collected, if it or they were entered, charged or
paid:
A. More than once;
B. Through clerical error,
C. Through the error or mistake of the vehicle abatement appeals board, the Director or
the person designated by the board to give notice to abate regarding
any material fact relevant to the
determination of a charge;
D. Illegally;
E The owner of the land xvas not responsible for the vehicle(s).
R On property acquired after the lien date by the state or by any county, city, school
DJM3028LE 8
district. or other political subdivision and because of this public ownership, not subject to sale for
delinquent taxes.
8.06.150 Procedure for refund of payment. No order for a refund under Section
8.06.140 shall be made except on a claim verified by the person who paid the special assessment.
or his or her guardian, executor or administrator and filed within three years after making the
payment sought to be refunded.
8.06.160 Payment for abatement of abandoned vehicles.
A. Abandonment of any vehicle on public or private property shall constitute a prima
facie presumption that the last registered owner of record is responsible for the abandonment and is
hereby liable for the cost of removal and disposition of the vehicle. When the abatement has been
completed, the Director may render to the City Finance Director an itemized statement covering
work necessary for abatement and the Finance Director may present to the registered owner of the
vehicle a demand for payment of the costs required for removal and disposition of the vehicle
pursuant to Vehicle Code Section 22669 and appropriate provisions of this chapter, not to exceed
those for towing and seven days of storage.
B. The limitation of this Section shall not apply if the registered owner or legal owner
of the vehicle has completed and returned to the lienholder a declaration of opposition forrri, within
the time specified in Vehicle Code Section 22851.8.
8,06.170 Disposal of vehicles which are a public nuisance. If a vehicle and part thereof,
is removed from a property as a public nuisance, the vehicle or parts thereof, may be disposed of by
removal to a scrap yard, licensed automobile dismantler's yard or any suitable site determined by the
City for processing as scrap.
8.06.180 Abatement procedures for abandoned vehicles,
A. If an abandoned vehicle and parts thereof are removed from a property, and the
estimated value of the vehicle is three hundred dollars or less. a distinctive notice which states that
the vehicle will be removed by the City or its contractors shall be securely attached to the vehicle
not less than seventy-two hours before the vehicle is removed. Inu-nediately after the removal of the
vehicle. the City shall notify the Stolen Vehicle System of the Department of Justice in Sacramento
of the removal.
B. Within forty-eight hours of the removal. excluding weekends and holidays. a notice
shall be sent to the registered and legal owners of the vehicle by registered or certified first class mail
to the last address listed with the Department of Motor Vehicles, and to any other person known to
have an interest in the vehicle. This notice shall include the following information:
I The name, address and telephone number of the City,
RM41028LE 9
2. The location of the place of storage and description of the vehicle which shall include,
if available, make,license plate number, vehicle identification number, and mileage,
3. The authority and purpose for removing the vehicle;
4. A statement that the vehicle will be disposed of fifteen days from the date of the
notice,
5. A statement that the owners and interested persons, or their agents, have an
opportunity for a post-storage hearing to determine the validity of the storage, if the request is made
in person, in writing, or by telephone within ten days from the date of the notice that, if the owner
or interested person or his/her agent, disagrees with the decision of the City the decision may be
reviewed pursuant to Section 11523 of the Government Code, and.that during the time of the initial
hearing or during the time the decision is being reviewed pursuant to Section 11523 of the
Government Code,the vehicle in question shall not be disposed of,
6. Any requested hearings shall be conducted within forty-eight hours of the request,
excluding weekends and holidays.
C. Failure of either the registered or legal owner or interested person or their agent to
request or to attend a scheduled hearing shall satisfy due process post-storage validity hearing
requirements.
D. If after fifteen days from the notification date,the vehicle remains unclaimed and the
towing and storage fees have not been paid,and if no request for a post-storage hearing was made
or a post-storage hearing was not attended. the City may authorize disposal of the vehicle on a form
approved by the Department of Motor Vehicles. If the vehicle is claimed by the owner within
fifteen days of the notice date, the lien holder which is storing the vehicle may collect reasonable
fees for services rendered, but may not collect lien sale fees as provided for in Vehicle Code Section
22851.12.
E. If the names and addresses of the registered and legal owners of the vehicle are not
available from the records of the Department of Motor Vehicles,the City may authorize disposal of
the vehicle at any time after the removal.
F. Disposal of the vehicle may only be to a licensed dismantler or scrap iron processor.
A vehicle disposed of pursuant to this section shall not be reconstructed or made operable, unless
it is a vehicle which qualifies for either horseless carriage or historical vehicle license plates. A copy
of the City's authorization for disposal shall be forwarded to the licensed dismantler within five days
of the disposal to a licensed dismantler. A copy of the City's authorization for disposal shall be
retained by the lien holder who stored the vehicle for a period of ninety days if the vehicle is
disposed of to a scrap iron processor.
G. The City,or at the request of the City the lien holder.shall obtain a copy of the names
and addresses of all persons having an interest in the vehicle, if any, from the Department of Motor
Vehicles either directly or by use of the California Law Enforcement Telecommunications System.
DJM3028LE 10
This section does not require the City or lienholder to obtain a copy of the actual record on file at
the Department of Motor Vehicles.
8.06.190 Abatement procedures for abandoned vehicles valued at greater than three
hundred dollars.
After the abatement and removal process has occurred. and the post-storage notification
requirements described in Section 10.20.180 have been met, a lien sale may be conducted on every
removed, abandoned vehicle with a value of over three hundred dollars and such sale may be carried
out if all fees and costs for the removal, storage and application for lien sale have not been paid and
the vehicle has not been redeemed by the registered or legal owner of the vehicle
8.06.200 Procedure for redemption of vehicles.
A. A vehicle which is valued at three hundred dollars or less, and which has been
removed from a property by the City and/or its contract services as an abandoned vehicle, may be
redeemed by the registered or legal owner of the vehicle after payment of reasonable removal and
storage costs, excluding lien sale costs, within fifteen days of the mailing date of notification of
removal.
B. A vehicle which is valued at three hundred dollars or less, and which has been
removed from a property by the City and/or its contract services as a public nuisance, may be
redeemed by the registered or legal owner of the vehicle after payment of reasonable removal,
storage and any lien sale costs within the time period provided in Section 8.06.100 of this Chapter.
C. A vehicle which is valued at greater than three hundred dollars and which has been
removed from a property by the City and/or its contact services, may be redeemed by the registered
or legal owner of the vehicle after payment of reasonable removal, storage and lien sale costs. within
the time period provided in Section 8.06.100 of this Chapter.
8.06.210 Authorization to enforce ordinances and Vehicle Code provisions.
A. Notwithstanding any other provision of this Chapter, the Director is authorized to
remove abandoned and unattended vehicles pursuant to the provisions of the law. including
appropriate ordinances adopted by the City. and abandoned vehicles pursuant to the provisions of
Vehicle Code section 22669.
B. In exercising this authority, they shall follow all procedural and legal requirements
applicable to the sections.
8.06.220 Administration of Chapter.
A. This Chapter shall be administered under the direction and control of the City
DA43028LE 1 I
Manager, who shall use only regularly employed and salaried officers or other employees in the
administration thereof. according to the requirements of the law, except that, as authorized by the
law, the removal of vehicles, or parts thereof from property may be by any other duly authorized
person or agent of the City.
B. Any such authorized person or agent may enter upon private property for the purposes
w -
specified in the Chapter to examine a vehicle, or parts thereof obtain information as to the identity
of a vehicle and remove. or cause the removal of a vehicle, or parts thereof, declared ap ublic
nuisance pursuant to this Chapter.
8.06.230 Violation - Criminal Penalties.
A. Unless otherwise provided, any person, entity, agency, firm or corporation violating
any provision of this Chapter, other than the provisions of subsection 8.06.01 OB of this Chapter,
shall be guilty of an infraction or misdemeanor, dependant upon the prosecutorial discretion of the
City Attorney, and each day or portion thereof such violation is in existence shall be a new and
separate offense.
B. Any person so convicted shall be:
1. Guilty of an infraction,punishable by a fine of not less than fifty dollars, but
not exceeding one hundred dollars as provided in Vehicle Code Section 22523, for a first violation;
2. Guilty of an infraction offense and punishable by a fine not less than one
hundred dollars and not exceeding two hundred dollars for a second violation;
3. The third and any additional violations shall constitute a misdemeanor offense
and shall be punished by a fine of one thousand dollars, or by imprisonment in the county Jail for
a term not exceeding six months, or both.
C. Notwithstanding the above, a first or second offense may be charged and prosecuted
as a misdemeanor. In addition to the above penalties, such convicted person, agency, firm,
corporation or other entity may, in the discretion of the court, be ordered to reimburse the City for
all necessary costs incurred through investigation, discovery. analysis, inspection, abatement and
other actual costs incurred by the City or its agents pertaining to the violation.
D. The court shall fix the amount of any such reimbursements upon submission of proof
of such costs by the City. Payment of any penalty herein provided shall not relieve a person, firm,
corporation or other entity from the responsibility of correcting the condition resulting from the
violation.
DJM3028LE 12
8.06.240 Injunction.
A. Any use of property contrary to the provisions of this Chapter shall be and is declared
to be unlawful. Upon request of the Director, an action for injunctive relief may be commenced for
the abatement, removal and enjoinment thereof in the manner provided by law.
B. Application shall be made to the court having jurisdiction to grant such relief to abate
or remove such use, and restrain and enjoin any person from using any property contrary to the
provisions of this Chapter.
8.06.250 Attomeys' Fees.
A. Pursuant to Government Code Section 38773.5, in the event any action,
administrative proceeding or special proceeding is commenced by the City to abate a nuisance in
accordance with the provisions of this Chapter, and at the initiation of such action or proceeding the
City has elected to seek recovery of its own attorneys' fees, the prevailing party in such action,
administrative proceeding or special proceeding shall be entitled to the recovery of its reasonable
attorneys' fees, in an amount not in excess of the reasonable attorneys' fees incurred by the City in
such action or proceeding.
B. In the event the City elects to seek recovery of its attorneys' fees in any action or
proceeding commenced to abate a nuisance pursuant to this Chapter, written notice of the same shall
be sent to the owner of the property constituting the alleged nuisance.
8.56.260 Assessment.
The provisions of Sections 38773.5 and 39580 to 39585 of the Government Code, as they
exist and as they may be subsequently amended, are incorporated herein by this reference and made
a part of this Chapter. The County Auditor and/or Assessor shall enter any assessment in charge
imposed pursuant to this Chapter in the County tax role for the affected parcel of property. The
amount of the assessment or charge shall be collected at the time and in the manner as ordinary
municipal taxes; and if delinquent, the amount is subject to the same penalties and procedures of
foreclosure and sale as are provided for ordinary municipal taxes.
DA43028LE 13
Section 2. The Mayor shall sign this ordinance and the City Clerk- shall certify to the
adoption of this ordinance and shall cause it, or a summary of itto be published once in the
Redlands Daily Facts, a newspaper of general circulation within the City and thereafter this
ordinance shall take effect as provided by law.
Mayor of the City of Redlands
ATTEST:
tilitytlerk
1, Lorrie Poyzer, City Clerk of the City of Redlands,hereby certify that the foregoing ordinance was
duly adopted by the City Council at a regular meeting thereof held on the 5th day of August
1997, by the following vote:
AYES: Councilmembers Gilbreath, Cunningham, Banda; Mayor Larson
NOES: Councilmember Gil
ABSTAIN: None
ABSENT: None
City ler of tine CitWedlands
DJM3028LE 14