HomeMy WebLinkAboutMC-241
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ORDINANCE NO.
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2 ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTER 8.18
OF THE SAN BERNARDINO MUNICIPAL CODE TO REQUIRE NOTICE TO OWNERS
3 AS ASCERTAINED FROM TITLE RECORDS AND TO CHANGE THE TITLE "CHIEF
ENGINEER" TO "FIRE CHIEP".
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THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO DO
5 ORDAIN AS FOLLOWS:
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SECTION 1. Section 8.18.010 Subsection B of the San
7 Bernardino Municipal Code is amended to read:
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"B. The Fire Chief or his authorized representative,
9 hereinafter called "Fire Chief", shall have the right to enter
10 upon private property to determine whether such a public nuisance
11 exists."
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SECTION 2. Section 8.18.030 Subsection A of the San
13 Bernardino Municipal Code is amended to read:
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"A. The Fire Chief shall notify the owner, occupant or agent
15 thereof, or person in charge or control of the property, each
16 hereinafter referred to as 'owner', personally or by certified
17 mail of such accumulation and shall conspicuously post such notice
18 in writing on any lot or premises upon which the Fire Chief
19 determines after investigation that such public nuisance exists.
20 Such notice shall bear a title with the words 'Notice To Clean
21 premises' in letters not less than one inch in height, and it
22 shall direct the abatement of the nuisance and refer to this
23 chapter for particulars. Such notice shall require the owner to
24 commence the abatement within five days and to complete such
25 abatement within ten days from the date of the notice. Notices
26 which are served by certified mail shall be addressed to the owner
27 of the property at the address ascertained from title company
28 records or as otherwise known. Service by certified mail shall be
MG-241-
1 deemed complete upon deposit in a public receptacle for United
2 States mail. The notices shall specify that a failure to comply
3 with the notice is an infraction."
4 SECTION 3. Section 8.18.030 Subsection C of the San
5 Bernardino Municipal Code is amended to read:
6 "C. The Fire Chief and his designated representatives shall
7 enforce the provisions of this chapter and are authorized to make
8 arrests and issue notices to appear pursuant to Section 836.5 and
9 Chapter 5C of Part 2 Title 3 (Sections 853.6, et seq.) of the
10 Penal Code of the state."
11 SECTION 4. Section 8.18.080 of the San Bernardino Municipal
12 Code is amended to read:
13 "8.18.080 Urgent public nuisance - Notice to property
14 owner.
15 In the event of an 'urgent' public nuisance, it shall be the
16 duty of the Fire Chief of the Fire Department of the City to
17 notify the owner of any lot or premises to abate the same of any
18 or all matter referred to in Section 8.18.010 and found to
19 constitute an urgent public nuisance. Such notice shall be in
20 writing and shall be delivered to the owner personally, or shall
21 be conspicuously posted on such lot or premises, and if such
22 owner neglects to do so for forty-eight hours after service or
23 posting of such notice, then the Fire Chief shall cause the lot
24 or premises to be cleared of all such matter, and the nuisance to
25 be abated, and the expense of such clearing shall be a lien on the
26 lot. The procedures to be followed with respect to the assessment
27 of the foregoing expense and fee shall be the same as those set
28 forth in Section 8.18.060. 'Urgent' public nuisance as employed
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in this section means vlhatever is a menace to public health or
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safety, or whatever constitutes a fire hazard under conditions
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which would be judicially determined to be a nuisance per se, or
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a nuisance in fact, or where the destruction or removal of the
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objectionable items is reasonably necessary under the
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circumstances to prevent immediate harm to the public."
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I HEREBY CERTIFY that the foregoing ordinance was duly
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adopted by the Mayor and Common Council of the City of San
9
Bernardino at a
re<]ular
meeting thereof, held on
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the
20th day of
1Jecem'cer
, 1982, by the following vote,
11 to wit:
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AYES:
Council Members
~astaneda, Reilly, Hernand@z,
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Marks, Juiel, qobbs, Stric]{ler
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NAYS:
:lone
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ABSENT:
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___ ~-'I'4"A/~4b
/' City Clerk
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Th~ foregoing ordinance is hereby
~:?2rday
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of
/ ' " )
A"keMtr.' l~
, 1982.
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Approved as to form:
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/.'t:~.~~
City At orney
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