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Item #2 <br />CITY OF COLTON <br />AGENDA REPORT <br />FOR COUNCIL MEETING OF December 18,2001 <br />TO: Honorable Mayor and City Council <br />FROM: City Attorney <br />SUBJECT: Adoption of Ordinance Classifying Storage of Commercial and <br />Construction Vehicles, Machinery and Materials in Residential Zones <br />and Public Places as a Public Nuisance <br />,DATE: December 18, 2001 <br />BACKGROUND: <br />City staff requested that the City Attorney research the possible actions that the City <br />Council may take to regulate the storage of commercial and construction vehicles and <br />equipment in residential areas and in public places such as streets, sidewalks and other <br />public rights-of-way. This request was made in response to numerous complaints of such <br />vehicles and equipment being stored on residential streets and on residential property <br />visible to neighbors and individuals passing by. <br />DISCUSSION / ANALYSIS: <br />Under the California Government Code, the City Council may declare a public nuisance <br />and prohibit encroachments on public places such as sidewalks, streets, and alleys. <br />(Gov. Code Sections 38771, 38775.) In addition, the California Vehicle Code permits the <br />City Council to prohibit or restrict the parking or standing of any type of vehicle on certain <br />streets or highways. (Veh. Code Section 22507.) In light of this authority granted by the <br />State, the proposed ordinance adds a new subdivision to the existing classifications of <br />public nuisances listed in Colton Municipal Code section 8.040.030. <br />This new subdivision specifies that storing construction equipment and vehicles, including <br />buses, in a residential zone, on residential property, or on sidewalks, streets, or other <br />public places constitutes a public nuisance. In addition, the proposed ordinance includes <br />exceptions for storing the specified items "to the extent reasonably necessary" for repair <br />work, construction or landscaping on or adjacent to property where the vehicles are being <br />used. The proposed ordinance also includes exceptions for picking up and delivering <br />goods and merchandise and for storing the specified items within a structure so they are <br />not visible from streets, sidewalks or neighboring property. <br />FINANCIAL IMPACT: <br />Unknown. <br />RVPUB\NGS\623714 <br />