HomeMy WebLinkAboutMC-1292
Adopted: February 2, 2009
Effective: March 5, 2009
1
ORDINANCE NO. MC-1292
2
3 AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING
4 CHAPTER 15.24 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO
5 PROPERTY MAINTENANCE REQUIREMENTS.
6 THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO
7 DO ORDAIN AS FOLLOWS:
8
SECTION 1.
Chapter 15.24 is amended to read in its entirety as follows:
9
10 CHAPTER 15.24
11 PROPERTY MAINTENANCE REQUIREMENTS
12 Sections:
13 15.24.010 Findings.
14 15.24.020 Purpose.
15 15.24.030 Definitions.
16 15.24.040 Property Maintenance Requirements.
17 15.24.050 Enforcement-Penalty.
18 15.24.070 Severability.
19
20
15.24.010
Findings.
21 The citizens of San Bernardino have become increasingly concerned with the
22 unsightliness, the deterioration, and the degradation of certain properties, whether residential,
23 commercial or any other zoning designation in their neighborhoods and have sought the help of
24 City government in their effort to preserve their neighborhoods. Local governments have the
25 authority to establish minimum requirements for property maintenance to protect the health, safety
26 and appearance of neighborhoods. Enforcement of these minimum maintenance requirements can
27 reduce and eliminate blight and deterioration of neighborhoods, protecting both property values and
28 neighborhood integrity.
1
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
MC-1292
1 The Mayor and Common Council hereby find that the deterioration of neighborhoods by
2 the failure to maintain properties to minimum standards results in an adverse effect on the health,
3 safety and welfare of the citizens of this City.
4
15.24.020 Purpose.
The purpose of this Chapter is to establish and enforce minimum maintenance standards
for all property within the City in order to protect and preserve neighborhood integrity.
15.24.030
Definitions.
For the purpose of this chapter, unless otherwise apparent from context, certain words and
phrases used in this chapter shall have the meanings hereinafter designated. The definitions in this
chapter are included for reference purposes only and are not intended to narrow the scope of
definitions set forth in applicable laws or regulations. All terms used in this chapter which are not
defined in this section, but are defined by applicable laws, shall have the same meaning as the
definition in the applicable law, unless from context it clearly appears that a different meaning is
intended.
I. "Applicable Laws" means any applicable state or federal law, any uniform or state
codes adopted by the San Bernardino Municipal Code, including but not limited
to the California Building Code, Uniform Housing Code, Uniform Code for the
Abatement of Dangerous Buildings, and California Fire Code.
2. "Graffiti" means any inscription, word, figure, mark or design that is written,
marked, etched, scratched, drawn or painted on real property, buildings, structures
(permanent or temporary), or other fixtures thereon, or on any personal property
placed on such real property, including vehicles.
3.
"Inoperable or Abandoned Vehicle" means any vehicle, operative or inoperative
that is:
2
MC-1292
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
(a) mechanically incapable or being driven; or
(b) prohibited from being operated on a public street or highway pursuant to
the provisions of the California Vehicle Code concerning license plates,
registration, equipment, safety and related matters; or
( c) has been left by the owner or responsible person for over seventy-two
hours and has indicia of being inoperable, including but not limited to, flat
or deflated tires, cobwebs, and accumulated dirt, trash or debris in and on
the vehicle; or
(d) wrecked and/or dismantled.
4.
"Owner" means any person having a legal or equitable interest in the property.
5.
"Person" means an individual, partnership, corporation, association or
organization, or the agent of any of the foregoing.
6.
"Property" means any real property zoned for any of the uses set forth in the
Development Code and includes sidewalks and parkways adjacent to the property.
7.
"Recreational Vehicle" means any vehicles towed or self-propelled on its own
chassis or attached to the chassis of another vehicle and designed or used for
recreational or sporting purposes or exclusively for hauling personal property.
The term "recreational vehicle" includes, but is not limited to motor homes, fifth-
wheels, campers, camp trailers, trailers, boats, water craft, and all terrain vehicles.
8.
"Visible" means viewable from the public right of way, from property open to the
general public, common areas on a property or viewable from another property in
proximity to the property in question.
3
MC-1292
1 15.24.040 Maintenance requirements for single family residences, multi-residential,
2 commercial and industrial property.
3 Any person owning, renting, occupying, managing, or otherwise having charge of any
4 single family residence, multi-residential, commercial and industrial property shall maintain the
5 property in accordance with the following minimum standards. Failure to comply with these
6 minimum standards shall constitute a violation of this Code.
7 A. Exterior Requirements.
8 I. Lack of Landscaping.
9 All required setbacks abutting a public right-of-way and front and visible
10 side yards shall be landscaped (except for improved surfaces including, but not limited to walks
11 and driveways) with trees, shrubs, ground cover, decorative rock, redwood bark and/or grass.
12 2. Unmaintained Landscaping.
13 Trees, shrubs, lawns and other planted vegetation shall be maintained,
14 including regular irrigation, pruning of trees, trimming of shrubs and cutting oflawns.
15 3. Weeds, Drybrush and Overgrown Vegetation.
16 Property shall be free of overgrown or dead vegetation, including, but not
17 limited to weeds, trees or limbs, bushes and other planted vegetation. Weeds include sage brush,
18 dry grass, chaparral, and any other brush or vegetation which attains extensive growth and becomes
19 a fire menace when dry.
20 4. Trash, Debris and Improper Storage.
21 Property shall be free of trash, litter, debris, packing boxes, lumber, junk,
22 salvage materials( except where otherwise permitted by this code), broken or inoperative furniture,
23 appliances, machinery, equipment, any furniture (except for furniture specifically designed for
24 outdoor use) including, but not limited to furniture on porches, balconies, sun decks and in front
25 yards, and any other improperly stored personal property causing an unsightly appearance.
26 5. Vehicle and Recreational Vehicle Storage.
27 All operable vehicles and recreational vehicles shall be parked or stored
28 in designated, screened areas, a garage, carport or on an improved surface. None of the above shall
4
MC-1292
1 be occupied.
2 6. Inoperable and Abandoned Vehicles.
3 Property shall be free of inoperable or abandoned vehicles and parts of
4 vehicles unless they are safely stored in a garage or other enclosed storage area. This section shall
5 not apply to a vehicle, or part thereof, which is stored or parked in a lawful manner on private
6 property in connection with the lawfully authorized and permitted business of a licensed dismantler,
7 licensed vehicle dealer or a licensed junkyard; provided however that this exception shall not
8 authorize the maintenance of a public or private nuisance as defined by applicable laws.
9 7. Condition of Structures.
10 All improvements on the property, including, but not limited to buildings,
11 garages, carports, porches, gates, fences, doors, windows, roofs, gutters, signs, permanent or
12 temporary structures, stairs, handrails, retaining walls and trash enclosures shall be
13 painted/preserved and maintained in good repair and condition. Paint or preservatives shall not be
14 worn, peeling or cracking.
15 8. Improved Surfaces.
16 Walkways on private property, driveways, parking areas and all improved
17 surfaces shall be maintained in good repair and safe condition. Parking lot striping and handicap
18 markings shall be maintained in good condition.
19 9. Graffiti.
2 0 Buildings, structures, sidewalks, driveways, other improved surfaces and
2 1 any other personal property placed on real property, including vehicles, shall be free of graffiti.
22 10. Rodent and Vermin Control.
23 Property shall be free from infestation of termites, insects, vermin or
24 rodents.
25 11. Sewage.
26 Improved property shall be properly connected to a sewage disposal system
27 or a sanitary sewer and free from sewage seepage.
28 III
5
MC-1292
1 12. Pools and Spas.
2 Pools and spas shall be securely fenced and adequately maintained in
3 accordance with the Development Code and other applicable laws.
4 13. Construction.
5 All buildings or structures in a state of partial construction, repair or
6 rehabilitation shall have an activelvalid permit and shall be completed during the term of an
7 activelvalid building permit or other time frame ordered by the City. The owner or responsible
8 person shall be progressing diligently to complete the repair, construction or rehabilitation of the
9 building or structure.
10 14. Fencing.
11 All fencing shall be constructed in compliance with the Development Code
12 and other applicable laws with acceptable fencing materials such as wood, vinyl, masonry or
13 wrought iron.
14
15 B. Interior Requirements.
16 The interiors of all buildings and structures on the property, both existing and new, and
17 all parts thereof, shall be maintained in good repair and safe, sanitary conditions in conformance
18 with the building code under which it was built or remodeled and any retroactive codes.
19
20
21
22
23
24
25
26
27
28
15.24.050
A.
Enforcement-Penalty.
Any person who violates or causes violation of any provision of this Chapter shall
be deemed guilty of an infraction, which upon conviction thereof is punishable in
accordance with the provisions of Section 1.12.010 of this Code.
B.
Nothing in this Chapter shall be deemed to prevent the City Attorney from
commencing a civil action to abate a nuisance in addition to, alternatively to, or
in conjunction with the proceedings set forth in this Chapter; nor shall anything
in this Chapter be deemed to prevent the City from commencing a criminal action
6
MC-1292
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
with respect to the nuisance in addition to, alternatively to, or in conjunction with
the proceedings set forth in this Chapter, or other ordinance, statute or state law.
C. Payment of any fine or service of jail sentence herein provided shall not relieve
a person, firm, partnership, corporation, or other entity from the responsibility of
correcting the condition resulting from the violation. In addition to the above
penalties, the Court may order that the guilty party reimburse the City for all costs
of investigating, analyzing and prosecuting the enforcement action against the
guilty party. The Court shall fix the amount of any such reimbursement upon
submission of proof of such costs by the City.
15.24.070 Severability.
The provisions of this Chapter are severable, and if any sentence, section, or other part of
this Chapter should be found to be invalid, such invalidity shall not affect the remaining provisions,
and the remaining provisions shall continue in full force and effect.
III
III
III
III
III
III
III
III
III
III
III
III
III
7
MC-1292
1 I HEREBY CERTIFY that the foregoing ordinance was duly adopted by the Mayor and
2 Common Council of the City of San Bernardino at a regular meeting thereof, held on
3 the 2nd day of Feb., 2009 the following vote, to wit:
4
COUNCIL MEMBERS:
AYES
NAYS
ABSTAIN ABSENT
5 ESTRADA
6 BAXTER
x
----L-
7 BRINKER
x
8 VACANT
9 KELLEY
10 JOHNSON
11 MCCAMMACK
----L-
----L-
----L-
12
13
cz~ h.~
Rachel G. Clark, City Clerk
14
15
The foregoing ordinance is hereby approved this ~ay of Feb.
,2009.
16
17
18
19
20 Approved as to form:
21 JAMES F. PENMAN,
City Attorney
22
23
24
25
26
27
28
8