HomeMy WebLinkAbout27-City Attorney
, CI~ OF SAN BERNARoQO - REQU~ FOR COUNCIL AC~N
F,,?m: JAMES PENMAN,
City Attorney
Dept: CITY ATTORNEY
[iEC'O: - AOMlIf.u8f'f~:
AMENDMENT OF SAN BERNARDINO
MUNICIPAL CODE SECTION 19.60.070
!387 SEP ! 0', Ii, [: 3
Date: AUGUST 27, 1987
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Synopsis of Previous Council action:
NONE
Recommended motion:
WAIVE FIRST READING AND LAY OVER FOR FINAL PASSAGE
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JOHN WILSON
Phone:
5162
Contect penon:
Supporting data attachad: Staff Memorandum
Ward:
FUNDING REQUIREMENTS:
Amount:
-0-
Sourca: (ACCT. NO.)
(ACCT. DESCRIPTION)
Finance:
COIIl.ell Notal:
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clk OF SAN BERNARD~ - REQUE~t FOR COUNCIL ACUN
STAFF REPORT
In a recent court action of the City of San Bernardino vs.
Lubinsky, the municipal court found some difficulty in
determining that an abandoned sign as set forth under
19.60.070 of the Municipal Code as presently written con-
stitutes a nuisance. The purpose of this ordinance is to
clarify that it is the intent of the Mayor and Common Council
for the City of San Bernardino that pursuant to their authority
as a Charter City, and as set forth under Government Code Section
38771, such signs do constitute a nuisance within the City of
San Bernardino.
8-27-87
75-0264
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ORDINANCE NO.
ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTION
19.60.070 OF THE MUNICIPAL CODE TO CLARIFY THAT ABANDONED SIGNS
CONSTITUTE A NUISANCE.
THE MAYOR AND Cot1MON COUNCIL OF THE CITY OF SAN BERNARDINO
DO ORDAIN AS FOLLOWS:
SECTION 1. Section 19.60.070 of the San Bernardino Municipal
Code is amended to read:
"19.60.070 ABANDONED SIGNS. Any sign which is not used for
a period of one hundred and eighty days shall be considered
abandoned and is hereby declared to be a danger to the health,
safety, and welfare of the citizens of San Bernardino. Any wood
sign which is partially or wholly obscured by the growth of dry
vegetation or weeds or by the presence of debris or litter also
presents a danger to the health, safety and welfare of the
citizens of San Bernardino. Any such signs as set forth above
are hereby deemed to be a public nuisance. Any such sign shall
be removed by the property owner within ten days after notice
from the Superintendent of Building and Safety, which notice
shall provide an opportunity to be heard before the Superinten-
dent on the abandonment and nuisance decision. The appeal shall
be granted or the decision modified if facts or circumstances
disprove the existence of a public nuisance. Any sign not
removed within ten days after such notice may be sumnari1y abated
by the Superintendent of Building and Safety if no appeal has been
taken from the Superintendent's decision pursuant to San Bernar-
dino r1unicipal Code Section 2.64 or, if the appeal has been denie
or modified. Costs of such abatement may be assessed against
the property, using the procedures established in Section 8.27.100
throuJh 8.27.140, inclusive, which are hereby made applicable,
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except that the Superintendent of Building and Safety shall act
instead of the Public Services Superintendent in making the
assessment."
I HEREBY CERTIFY that the foregoing ordinance was duly
adopted by the Mayor and Common Council of the City of San
Bernardino at a
meeting thereof, held
on the
day of
, 1987 by the following
vote, to wit:
AYES:
Council Members
NAYS:
ABSENT:
City Clerk
The foregoing ordinance is hereby approved this
day
, 1987.
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Mayor of the City of San Bernardino
Approved as to form and legal content:
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yiyy Attorney
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8/6/87
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