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CITY OF SAN BERARDINO - REQUEST ~R COUNCIL ~N
From:
James F. Penman
City Attorney
Subject:
Ordinance amending Section 8.33.010
of the San Bernardino Municipal Code
Relating to property nuisances
Dept:
Date: July 11, 1989
Synopsis of Previous Council action:
April 2, 1973
Adoption of Ordinance No. 3339 approving system
for regulation of property nuisances.
May 21, 1984
Adoption of Ordinance MC-373 amending Chapter 8.33
Recommended motion:
Waive further reading of the Ordinance and layover for adoption.
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, Signature
Contact person:
Dennis A. Barlow
Phone:
5255
Supporting data attached:
Ward:
FUNDING REQUIREMENTS:
Amount:
Source: (Acct, No.!
(Acct, DescriPtion)
Finance:
Council Notes:
A,...onl"4~ I +OPY'll 1\11'\
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CITY OF SAN BERNiRDINO - REQUEST ~R COUNCIL ACTION
STAFF REPORT
Chapter 8.33 of the San Bernardino Municipal Code relates to
property nuisances but is limited to property "used or zoned for
commercial or manufacturing purposes."
The Mayor has proposed that the requirements of this Chapter
be extended to residential property as part of the effort to
reduce blight and improve the health and safety of the City.
The proposed ordinance deletes the words "used or zoned for
commercial or manufacturing purposes" from Section 8.33.010
thereby making the ordinance applicable City wide.
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ORDINANCE NO.
2 ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTION
8.33.010 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO
3 PROPERTY NUISANCES
4 THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO
DO ORDAIN AS FOLLOWS:
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SECTION 1.
Section 8.33.010 of the San Bernardino
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Municipal Code is hereby amended to read as follows:
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"It is a public nuisance for any person, partnership,
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firm or corporation, owning, leasing, occupying or
having charge of any premises in the City to maintain
such premises in such manner that any of the
following conditions are found to exist:
A. Buildings which are abandoned, partially
destroyed, or permitted to remain unreasonably in
a state of partial construction;
B. Unpainted buildings causing dry rot, warping and
termite infestation;
c. Overgrown trees and other vegetation causing
detriment to neighboring properties or property
values;
D. Dead, decayed, diseased or hazardous trees, weeds
and other vegetation or exterior landscaping
constituting an unsightly appearance, or
dangerous to public safety and welfare, or
detrimental to nearby property or property
values;
E. Inoperable or abandoned motor vehicles except as
permitted by Chapter 8.36;
DAB:br
July 11, 1989
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L -
ORDINANCE - AMENDING SECTION
OnCIPAL CODE
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DAB:br
July 11, 1989
8.33.010 OF THE SAN BERNARDINO
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F.
Garbage and refuse cans stored in outside areas
for an unreasonable period of time and visible
from public streets, except as permitted by the
Director of Public Services;
G.
Packing boxes and other debris stored in outside
areas for unreasonable periods of time and
visible from public streets, or causing detriment
to neighboring properties;
H.
Broken windows constituting hazardous conditions;
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Maintenance of premises in such condition as to
be detriment to the public health, safety or
general welfare, or in such manner as to
constitute a public nuisance as defined by Civil
Code Sections 3479 and 3480;
J.
The emission of noise of such loud, unusual,
unnecessary, penetrating, raucous or boisterous
nature as to unreasonably disturb, annoy,
injure, interfere with or endanger the comfort,
repose, health, peace, safety or welfare of
adjacent property owners or occupiers of normal
sensitivity;
K.
Property maintained in such condition as to
become so defective, unsightly, or in such
condition of deterioration or disrepair that the
same causes appreciable diminution of the
property values of surrounding properties or is
materially detrimental to proximal properties and
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ORDINANCE
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-~ENDING SECTION 8.33.010 O~THE SAN BERNARDINO
\.lNICIPAL CODE ~
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DAB:br
July 11, 1989
improvements. This includes, but is not limited
to, the keeping or disposing of, or the
scattering over the property or premises,
including sidewalks, of any of the following:
(1) Lumber, junk, trash, or debris;
(2) Abandoned, discarded, or unused objects
or equipment such as automobiles, trailers,
campers, boats, bus bodies, and similar
objects or equipment;
(3) Any device, decoration, design, fence,
structure, or vegetation which is unsightly
be reason of its condition or its
inappropriate location;
(4) Wood or paper signs in deteriorating
condition;
(5) Any wall, fence or hedge;
Maintenance of premises so out of harmony or
conformity with the maintenance standards with
adjacent properties as to cause substantial
diminution of the enjoyment, use, or property
values of such adjacent properties;
Property maintained (in relation to others) so as
to establish a prevalence of depreciated values,
impaired investments, and social and economic
maladjustments to such an extent that the
capacity to pay taxes is reduced and tax receipts
from such particular area are inadequate for the
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JJ _ .[
ORDINANCE -AMENDING SECTION 8.33.010
CHCIPAL CODE
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DAB:br
July 11, 1989
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OF THE
SAN BERNARDINO
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cost of public services rendered therein;
N.
Any premises which are painted in an extremely
vivid and garish manner or which contain signs of
such size or quantity or which depict persons,
things, or acts in such a manner as to be
unreasonable or unnecessarily injurious and
detrimental to other properties and improvements
in the vicinity or which contain election
campaign posters and billboards or signs,
billboards or placards advertising a circus,
carnival, sporting or similar event and which
remain forty-five days after such election or
event has been concluded;
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Any vacant, commercial or industrial property on
which are located signs related to uses no longer
conducted or products no longer sold on the
premises, provided that outdoor advertising
displays which are located in permitted zoning
districts or which are otherwise legally
permitted are excepted herefrom.
P.
Automobile service stations, and the buildings
and premises thereof, that have been vacant or
abandoned for a period in excess of one hundred
and eighty consecutive days without being
reestablished and which have been maintained in
such a condition as to become so defective,
unsightly, or in such a condition of
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ORDINANCE - ~NDING SECTION 8.33.010 OF THE SAN BERNARDINO
~NICIPAL CODE C)
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deterioration or disrepair that the same cause
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appreciable diminution of the property values of
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surrounding properties, or are materially and
4 economically detrimental to the neighboring
5 properties and improvements.
6 I HEREBY CERTIFY that the foregoing ordinance was duly
7 adopted by the Mayor and Common Council of the City of San
8 Bernardino at a meeting thereof, held on the
9 day of , 1989, by the following vote, to wit:
10 AYES: Council Members
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NAYS:
ABSENT:
City Clerk
The foregoing ordinance is hereby approved this
day
of
, 1989.
W.R. Holcomb, Mayor
City of San Bernardino
Approved as to form
and legal content:
JAMES F. PENMAN,
City Attorney
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By: .JtJ~"'7 iJt;;~
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DAB:br
July 11, 1989
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