HomeMy WebLinkAboutMC-239
..
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
-
ORDINANCE NO.
\'""".,.~, 3 G
ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTER
8.27 CF THE SAN BERNARDINO MUNICIPAL CODE TO DECLARE DISEASED
TREES, DEAD OR DRY PALM FRONDS AND FENCES IN DISREPAIR PUBLIC
NUISANCES; AUTHORIZE THE PUBLIC SERVICES SUPERINTENDENT TO NOTIFY
O\~ERS THAT WEEDS ADJOINING FENCES INCREASE THE FIRE HAZARD; AND
TO REQUIRE NOTICE TO OWNERS AS MAY APPEAR IN THE LATEST RECORDS
OF A TITLE COMPANY OR THE TAX ROLLS.
THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO
DO ORDAIN AS FOLLOWS:
SECTION 1. Section 8.27.010 Subsection A of the San
Bernardino Municipal Code is amended to read:
"A. The existence of weeds, dry vegetation of any type,
dead or diseased trees, dead or dry palm fronds, fences in dis-
repair or broken, rubbish, refuse, and dirt upon streets, road
sides, sidewalks, parkways between sidewalks and curbs, along
fences, vacant lots, easements or other property is hereby declare
a public nuisance, and the periodic removal thereof is necessary
to protect the health and safety of the inhabitants of the City."
,
SECTION 2. Section 8.27.030 Subsection A of the San
Bernardino Municipal Code is amended to read:
"A. Whenever any of the public nuisances described or
mentioned in Section 8.27.010 exist in the City, the Public Ser-
vices Superintendent may find and declare the same to be a public
nuisance under the provisions of this chapter and may order the
abatement of such public nuisance as hereinafter provided. The
Public Services superintendent may further find and declare that
weeds and vegetation on specified parcels of property are seasonal
and recurrent nuisances and order the periodic abatement of such
nuisances as hereinafter provided, and may further find that weeds
and other matters constituting public nuisances along and near
/
J"
"'MC-239
1
2
3
4
5
6
7
8
9
]0
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
dead trees and fences increase the fire hazard and may notify the
owner of such condition in order that remedial action can be
undertaken. "
SECTION 3.
Section 8.27.040 Subsection A of the San Ber-
nardino Municipal Code is amended to read:
"A. When the Public Services Superintendent finds a
nuisance to exist, he shall cause a 'Notice to Clean Premises' to
be given in regard to all property on which, or abutting that
property on which, the nuisance exists. A notice shall be mailed
to each property owner as their names and addresses appear in the
latest records of a title company or the tax assessment rolls of
the County or as may be otherwise known. In addition to the date
and a description of the property by street designation and any
other information deemed appropriate by the Public Services
Superintendent, the contents of the notice shall be in substantially
the following form:
'NOTICE IS HEREBY GIVEN pursuant to Section 8.27.040 of the
San Bernardino Municipal Code that the Public Services
Superintendent of the City of San Bernardino has determined
that a nuisance exists on or abutting the property described
in this Notice or on the parkway thereof. The nuisance
consists of one or more of the following: weeds, sage brush
chaparral, brush, dry vegetation or vegetation which attains
such extensive growth as to become a fire menace when dry,
poison oak or ivy or other plants which are noxious or
dangerous, dry grass, stubble, brush, dead wood, dead or dis
eased trees, dead or dry palm fronds, fences in disrepair or
broken, litter, flammable material which creates a fire hazar
-2-
empty containers, abandoned asphalt or concrete, rubble or
waste materials. You must abate or remove this nuisance;
otherwise, it will be removed and abated by the City of San
Bernardino, in which case the cost of such removal shall be
assessed upon the property from which, or abutting the
property from which, said nuisance is removed, and such
costs will constitute a tax lien upon such lots or land
until paid.
Any person objecting to this determination of a
nuisance or the proposed removal and abatement of said
nuisance shall file a written protest with the City Clerk
not later than 10 days from the date of this notice. The
City Clerk shall transmit such protest promptly to the Board
of Building Commissioners of San Bernardino.
NOTICE IS FURTHER GIVEN that said protest shall be
heard before the Board of Building Commissioners in the
Council Chambers at City Hall, 300 North "D" Street, San
Bernardino, California, on the first Friday of the next
month after the date of this notice at 9:00 o'clock in the
morning. If a timely protest has been filed, you or your
agent may appear at said hearing and be heard and may
present and hear evidence concerning the proposed abatanent.'"
SECTION 4. Section 8.27.050 of the San Bernardino Municipal
Code is amended to read:
"A. Whenever the Public Services Superintendent has deter-
mined that weeds, dead or dry palm fronds or other dry vegetation
of any type on specified parcels of property are seasonal or re-
current nuisances, the notice provided for in Section 8.27.040
-3-
.
shall have this additional language added to the first paragraph
of the notice:
'The Public Services Superintendent has also determined
that the property described in this Notice supports the
growth of weeds, dead or dry palm fronds and dry grass which
are seasonal and recurrent nuisances that must also be re-
moved and abated hereafter from time to time. N0tice of
a regrowth of this nuisance during this calendar year will
be given by postcard only without further hearing. Failure
to abate such recurring conditions will result in the City
abating such nuisance, in which case the cost of such
removal shall constitute a tax lien upon the property
described in this Notice until paid. The efficient and
economical control of such seasonal and recurrent nuisances
may require preventative chemical control of such weeds,
weed seeds and weed seedlings, and the City may require
preventative chemical control of such nuisance. '
B. After such seasonal and recurrent nuisance has been
abated once and the nuisance recurs in the same calendar year, the
Public Services Superintendent shall cause a postcard notice to
be mailed to the property owners as their names and addresses
appear in the latest records of a title company or the tax
assessment rolls of the County or as may be known to the Public
Services Superintendent. The notice shall show the property
address to which the notice relates and the contents of the post-
card notice shall be in substantially the following form:
'NOTICE OF REGROWTH
A 'NOTICE TO CLEAN PREMISES' was previously mailed to you
-4-
-.
declaring a nuisance on the above property. That notice,
which required removal or abatement of such nuisance, also
declared that substantial regOC'owth must be abated.
The above property was recently inspected and the
removal of the following items is required at this time:
You are hereby urged to perform the abatement work indicated
within ten days from the date of this Notice. If the
property is not cleaned and the nuisance abated within that
time, the City will have the work done to abate the nuisance
and will assess the cost thereof as a tax lien against the
property. '"
I HEREBY CERTIFY that the foregoing ordinance was duly
adopted by the Mayor and Common Council of the City of San
Bernardino at a
reg1.2]ar
meeting thereof, held on
the
20th day of
December
, 1982, by the following
vote, to wit:
AYES:
Council Members "a st:a:-lecl a , Feilly, Fernanclez,
~1arks 1 :~(uie 1.; Hobbs, S t.r ick. ~_er
NAYS:
None
ABSENT:
none
~//~<f~~/
/C~ty C erk
The foregoing ordinance is
this=:/~.:2f- day
/
of ,<t.<Ce4/c dcv
~ved as to form: <0
~ jl"~?I1'<,~,
ity At orney
-5-