HomeMy WebLinkAbout07.I- Community Development ORDINANCE (ID# 1779) DOC ID: 1779 N
CITY OF SAN BERNARDINO—REQUEST FOR COUNCIL ACTION
Municipal Code
From: Margo Wheeler M/CC Meeting Date: 07/02/2012
Prepared by: Shirley Robinson, (909) 384-
5057
Dept: Community Development Ward(s): All
Subject:
Ordinance of the City of San Bernardino Amending the San Bernardino Municipal Code Titles 2,
10, 12, 13, 15, 16, and 17 to Reflect Organizational Changes from the Development Services
Department to the Community Development Department or the Public Works Department.
(FIRST READING)
Financial Impact:
None.
Motion: Lay over Ordinance for final adoption.
Synopsis of Previous Council Action:
None.
Background:
The responsibilities for various duties have not been updated in the Municipal Code since the
former Development Services Department was changed into the Public Works Department and
the Community Development Department. Titles 2, 10, 12, 13, 15, 16, and 17 have been
reviewed by staff from both departments to update responsibilities of the various divisions. The
{ minor Code Amendments also update these chapters with regard to Department and Division
1 titles. The following updates include:
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j Title 2 deletes references to the former Code Enforcement Department, as this Department was
merged into Community Development.
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3 Title 10 has been updated to replace references to the former Public Services and Facilities
1 Management Departments with the Public Works Department. Also deletes references to the
former "Director of Facilities Management" position and notes that the duties of that former
position are now carried out by Code Enforcement personnel, the Police Department or
Community Development.
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Updated:628/2012 by Gwendolyn Waters N
1779
Titles 12, 15, 16 and 17 have been updated to reflect the change from "Development Services
Department"to "Community Development Department."
Title 12 has also been updated to note that the former City Administrator title is now "City
Manager." Section 12.36.030 has been updated to clarify that the Building Official is now
responsible for making determinations regarding the construction of buildings below grade.
Title 15 has also been updated to reflect that the Building Official makes determinations
regarding the demolition or moving of structures, and Chapter 15.08 (Liquefaction) has been
deleted in its entirety as it has been superseded by state law.
Attached is a "redline"version showing the specific changes to the Municipal Code.
Amend San Bernardino Municipal Code Titles 2, 10, 12, 13, 15, 16, and 17 to reflect
organizational changes.
City Attorney Review:
Supporting Documents:
Draft Ordinance (PDF)
Revised Title Pages (2, 10, 13, 15, 16, 17) (PDF)
Redline Title Pages(2, 10, 13, 15, 16, 17) (PDF)
Updated:6/28/2012 by Gwendolyn Waters N
I ORDINANCE NO.
2 AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING THE SAN
3 BERNARDINO MUNICIPAL CODE TITLES 2, 10, 12, 13, 15, 16, AND 17 TO REFLECT
ORGANIZATIONAL CHANGES FROM THE DEVELOPMENT SERVICES DEPARTMENT
4 TO THE COMMUNITY DEVELOPMENT DEPARTMENT OR THE PUBLIC WORKS
DEPARTMENT.
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6 WHEREAS on July 1, 2010, the Community Development Department and the Public Works
7 Department were reorganized and became two separate entities; and
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8 WHEREAS, Titles 2, 10, 12, 13, 15, 16 and 17 of the San Bernardino Municipal Code have not c
9 been updated since the reorganization to reflect the amended responsibilities that occurred as a result of E
10 the reorganization; and o
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u WHEREAS, the amendments to Titles 2 delete references to the former Code Enforcement a
12 Department,as this Department was merged into Community Development; and
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WHEREAS, the amendments to Title 10 replace references to the former Public Services and
14 Facilities Management Departments with the Public Works Department, and also deletes references to
15 the former "Director of Facilities Management" position and notes that the duties of that former position c
�✓ 16 are now carried out by Code Enforcement personnel, the Police Department or Community
17 Development; and
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19 WHEREAS, the amendments to Titles 12, 15, 16 and 17 reflect the change from "Development n
20 Services Department" to"Community Development Department';and x
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21 WHEREAS,the amendments to Title 12 also note that the former City Administrator title is now d
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"City Manager" and Section 12.36.030 has been updated to clarify that the Building Official is now
23 responsible for making determinations regarding the construction of buildings below grade; and
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zs WHEREAS, the amendments to Title 15 also reflect that the Building Official makes
26 determinations regarding the demolition or moving of structures, and Chapter 15.08 (Liquefaction) has
been deleted in its entirety as it has been superseded by state law.
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Pace 2g. 1239
1 NOW THEREFORE, THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
2 BERNARDINO DO ORDAIN AS FOLLOWS:
3 SECTION 1. The Mayor and Common Council finds that the above-stated Recitals are true and
4 hereby adopts and incorporates them herein.
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6 SECTION 2. Various sections of the San Bernardino Municipal Code Title 2 "Administration
and Personnel', Title 10 "Vehicles and Traffic', Title 12 "Streets, Sidewalks and Public Places", Title
7 13 "Public Utilities", Title 15 `Buildings and Construction", Title 16 "Signs", and Title 17 to
8 "Environmental Protection', are hereby amended to read as shown on Exhibit A ("redhne" version),
q attached and incorporated herein.
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to SECTION 3. Compliance with the California Environmental Quality Act: The Mayor and u
11 Common Council finds that the proposed Ordinance amending Titles 2, 10, 12, 13, 15, 16 and 17 of the 4
12 San Bernardino Municipal Code is exempt from the California Environmental Quality Act (CEQA) c
t3 pursuant to Section 15061(b)(3) of the CEQA Guidelines, as an action that will not result in a direct or
14 reasonably foreseeable indirect physical change in the environment.
15 SECTION 4. Severabilitv: If any section, subsection, subdivision,sentence, or clause or phrase
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16 in this Ordinance or any part thereof is for any reason held to be unconstitutional, invalid or ineffective A
17 by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the
18 remaining portions of this Ordinance or any part thereof The Mayor and Common Council hereby
declares that it would have adopted each section irrespective of the fact that any one or more
19 subsections, subdivisions, sentences, clauses, or phrases be declared unconstitutional, invalid, or O
20 ineffective. 4:
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I AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING THE SA1\
2 BERNARDINO MUNICIPAL CODE TITLES 2, 10, 12, 13, 15, 16, AND 17 TO REFLECT
ORGANIZATIONAL CHANGES FROM THE DEVELOPMENT SERVICES DEPARTMENT
3 TO THE COMMUNITY DEVELOPMENT DEPARTMENT OR THE PUBLIC WORKS
DEPARTMENT.
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5 I HEREBY CERTIFY that the foregoing ordinance was duly adopted by the Mayor and
6 Common Council of the City of San Bernardino at a meeting thereof,held on the_day
of 2012, by the following vote to wit:
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Council Members: AYES NAYS ABSTAIN ABSENT d
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to MARQUEZ o
t t JENKINS
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12 VALDIVIA
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SHORETT
13 KELLEY
14 JOHNSON
15 MC CAMMACK
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16 Georgeann Hanna,City Clerk
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The foregoing Ordinance is hereby approved this day of 2012. x
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# 23 PATRICK J. MORRIS,Mayor a
Approved as to form: City of San Bernardino
2a JAMES F. PENMAN
25 City Attorney
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TITLE 2
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Title 2
ADMINISTRATION AND PERSONNEL
Chapters:
2.01 Mayor Pro-Tempore
2.02 City Manager
2.04 Department of Human Resources
2.06 Purchasing Agent
2.08 City Treasurer
2.10 Department of Finance
2.12 Fire Department `w
2.14 Department of Public Works E
2.15 Department of Community Development
2.16 (Repealed By MC-1220, 3.20-06) E E
2.17 Boards, Bureaus and Commissions - General d
2.18 Parks, Recreation and Community Services Department
2.19 (Repealed by MC-1352, 7.20-11)
2.20 Special Counsel Services o
2.22 Planning Commission .2
2.23 Historical Preservation Commission
2.24 (Repealed by MC-1352, 7-20.11)
2.26 Animal Control Commission n
2.27 (Repealed by MC-1352, 7.20-11)
2.28 Board of Water Commissioners
2.30 Fine Arts Commission
2.31 Relocation Appeals Board
2.32 Board of Fire Commissioners
2.34 Board of Police Commissioners
2.36 Police Officer Standards and Training
2.38 Police Reserve °
2.39 Human Relations Commission
2.40 Community Development Commission
2.41 (Repealed by MC-1190, 11-1-04)
2.42 (Repealed by MC-1352, 7-20-11) .
2.43 Bureau of Franchises
2.44 (Repealed by MC-1190, 11.1.04)
2.45 Board of Building Commissioners
2.46 Disaster Council 'm
2.47 (Repealed by MC-1190, 11-1-04)
2.48 State Employee's Retirement System
2.49 Senior Affairs Commission E
2.50 Civil Service Rules and Regulations
2.52 City Hall
2.54 Holidays a
2.56 Elections
2.58 Meetings
2.60 (Repealed by MC-1220, 3-20.06)
2.62 Filing of Official Bonds
2.64 Appeals to Common Council
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At any time that such committee, by majority approval, decides to review any other
item or business not referred to it, the committee shall notify the Mayor and City
Manager of that decision and shall include such item in its minutes for placement
on the next Council agenda. Reasonable advance notice shall be given when
feasible. (Ord. MC-362,4-16-84; Ord. MC-345,3-5-84.)
2.76.030 Information from City personnel.
Upon the referral of any matter by the Mayor and Common Council
committee, whether standing, permanent or temporary, or when any such
committee has determined by majority vote to inquire into any other item of
business not referred to it, such Council committee shall have power to request, E E
upon giving reasonable notice, any department head, division head, officer or v
employee of the City to appear before it to provide information, data or testimony E
and each department head, division head, officer or employee shall comply with d
such request in a reasonable and timely manner. Any department head, division
head, officer or employee of the City desiring to be placed on telephone standby _
and agreeing to be available for a telephone call on short notice may make a
arrangements for such telephone standby with the Council office. (Ord. MC-361,
4-16-84; Ord. MC-345, 3-5-84.)
2.76.040 Repealed by MC-1289, 11-03-08.
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2.76. 050 Assignment of Committee Members and Designation of Committee
Chairpersons.
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It shall be the responsibility and duty of the Mayor Pro-Tempore to assign
Council Members to all standing committees and ad hoc committees of the
Common Council. It shall also be the responsibility and duty of the Mayor
Pro-Tempore to designate chairpersons of all standing committees and ad hoc
committees of the Common Council. Ali such assignments to and membership
on, and designation of chairpersons of, standing committees and ad hoc
committees of the Common Council shall be subject to the approval and
appointment of the Common Council. (Ord. MC-1289, 11-03-08; Ord. MC-1267, a
4-07-08)
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Chapter 2.77 a:
FACILITIES MANAGEMENT DEPARTMENT
(REPEALED BY MC-1324) E
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Chapter 2.79
INFORMATION TECHNOLOGY DEPARTMENT
Sections:
2.79.010 Established.
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2.79.020 Director-Duties.
2.79.010 Established.
The Information Technology Department is established which shall be
administered by a Director of Information Technology. The position of Director of
Information Technology shall be filled by appointment of the City Manager with the
approval of the Common Council.
2.79.020 Director - Duties. w
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The Director of Information Technology, under the immediate supervision v
and direction of the City Manager, shall have all the powers and perform all the
duties that are now or may hereafter be conferred or imposed by City Charter, law E
or the Mayor and Common Council relating to development and maintenance of
the City's computer systems, and other such duties as may be assigned by the City
Manager. The Director shall plan, coordinate and report on all the duties and
activities involved in such programs. o
(Ord. MC-1220, 3-02-06)
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Chapter 2.80
ANIMAL CONTROL DEPARTMENT
(REPEALED BY MC-1324)
Chapter 2.81
POLICE DEPARTMENT r
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Sections:
2.81.010 Appointment of Police Chief.
2.81.020 Duties of Police Chief. °
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2.81.010 Appointment of Police Chief. d
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The Mayor shall appoint, subject to the confirmation of the Common a
Council, a Police Chief. The position requires exceptional qualifications of a
managerial, professional and educational character.
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2.81.020 Duties of Police Chief.
The Police Chief shall have the general management and supervision over
the Police Department, under the regulations and directions of the Mayor and E
Common Council and under the immediate supervision of the City Manager. u
(Ord. MC-1220, 3-20-06) m
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TITLE 10
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l Title 10
VEHICLES AND TRAFFIC
ARTICLE I. GENERAL REGULATIONS
Chapters:
10.04 Definitions
10.08 Obedience to Traffic Regulations
10.12 Traffic-Control Devices m
10.16 Stopping,Standing and Parking E
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10.20 Special Stops m
10.24 Operation of Vehicles and Bicycles E
10.28 Pedestrians
10.32 Buses and Railroad Trains
10.36 Loading Zones, Bus Stops and Crosswalks u
10.38 Drive-In Establishments o.
10.40 Damage to Property u
10.44 Violation - Penalty
ARTICLE ll. SPECIFIC REGULATIONS
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10.48 Bicycles
10.52 Speed Limits
10.56 Noise Limits
ARTICLE 1. GENERAL REGULATIONS vi
Chapter 10.04
DEFINITIONS'
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Sections:
10.04.010 Defined words from Vehicle Code. m
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10.04.020 Generally. a
10.04.025 Abandoned vehicle. v
10.04.030 Alley. i-
10.04.040 Commercial vehicle. -o
10.04.050 (Repealed by MC-210)
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10.04.060 Holiday and holidays.
10.04.070 Loading zone.
10.04.080 Official traffic-control devices.
10.04.090 Official traffic signals. E
10.04.095 Off-street parking facility u
10.04.100 Owned by the City.
10.04.110 Park. Q
For statutory provisions defining terms used in the Vehicle Code,see Vehicle Code§100
et seq.
[Rev. June 14,20121 10-1
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10.08.020 Exemptions to authorized emergency vehicles.
The provisions of this Article regulating the operation, parking and standing of
vehicles shall not apply to authorized emergency vehicles, or authorized emergency
vehicles(privately owned), as defined in Section 10.04.010. (Ord. 1052 Art.2§2,1941.)
Chapter 10.12
TRAFFIC-CONTROL DEVICES'
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Sections:
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10.12.010 Traffic signals,safety zones,turning markers and E
turns. c
10.12.020 One-way streets and alleys.
10.12.030 Obedience to no-turn signs and turning markers. a
10.12.040 Signaling devices. c
10.12.050 Enforcement. 0
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10.12.010 Traffic signals, safety zones,turning markers and turns. .n
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A. The Common Council shall, by resolution, authorize: g'
1. The Installation and maintenance of official traffic signals at such
intersections and other places as it may deem necessary for the
regulation of traffic;
l2. The establishment of safety zones at such places as it may deem
necessary for the protection of pedestrians; L6
3. The establishment of turning markers, U-turns and right and left turns
at such places as it may deem necessary for the regulation of traffic; o
provided, however, the City Engineer or Director of Public Works are N
authorized to designate safety zones, no parking zones, turning y
markers, U-turns and right and left turns in all cases of emergency or a
as a temporary measure for a period of not exceeding fifteen days at a
such place or places as such officer may deem necessary. The City 2
Engineer shall erect official traffic signals at such appropriate place or F
places, and the Director of Public Works shall erect such official traffic d
signs at such place or places. a
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B. The City Engineer shall install and maintain, or cause to be installed and
maintained, such official traffic signals as are authorized by the Common c
Council;the Director of Public Works shall install and maintain,or cause to be
installed and maintained, such official safety zones, turning markers, U-turns
and right and left turns as are authorized by the Common Council; M
3 For statutory provisions on local authority to place traffic-control devices, see Vehicle
Code §21351 et seq. And §21450 et seq.
[Rev,June t4,20121 10-5
`J C. The City Engineer is authorized to cause the placing and maintenance of
warning and control devices for public works projects being done under
contract with the City. Any person or firm performing work in a City street
pursuant to such a contract shall provide warning and control devices as may
be required in accordance with the latest edition of the 'Work Area Traffic
Control Handbook"(WATCH), as promulgated by the American Public Works
Association, or as may be approved by the City Engineer. Such devices shall
be removed after completion of the work or improvement project when their
use is no longer required. y
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D. The Director of Public Works is authorized to cause the placing and E
maintenance of warning and control devices for street cutting and street
Improvement projects not performed under public works contract with the City. E
Designation of the types and number and placement of signs shall be the duty a
of the City Engineer or his designee, who shall file a copy of any such v
designation with the Director of Public Works. Any person or firm performing U
work in a City street other than as a contractor on a public works projectfor the o
City shall provide warning and control devices as may be required in
accordance with the latest edition of the "Work Area Traffic Control E
Handbook" (WATCH), as promulgated by the American Public Works
Association, or as may be approved by the Director of Public Works. The
Director of Public Works shall have authority to enforce the placement and
maintenance of all such traffic control devices as are designated by the City
Engineer or as are otherwise required by the Director of Public Works. Such
` devices shall be removed after completion of the work or improvement project
J\ when their use Is no longer required. r
(Ord. MC-344, 2-20-84;Ord.3658, 1977;Ord. 1652 Art.3§1, 1941.)
10.12.020 One-way streets and alleys.
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Whenever the Common Council by resolution designates any one-way street N
or alley, the Director of Public Works shall install and maintain signs giving notice
thereof and indicating the course to be traveled. When such signs are so erected, no
person shall drive any vehicle in a direction contrary thereto. (Ord. MC-344, 2-20-84; a
Ord. 1706, 1943;Ord. 1652 Art.3§1-A, 1941.) m
10.12.030 Obedience to no-turn signs and turning markers.
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Whenever authorized signs are erected Indicating that no right or left or U-turn >
Is permitted, no driver of any vehicle, except a bus,shall disobey the directions of any
such sign;and when authorized marks, buttons,or other indications are placed within
an intersection indicating the course to be traveled by vehicles turning thereat, no E
driver of any vehicle, except a bus, shall disobey the directions of such Indications; o
provided that such exception shall be observed as are permitted by law. (Ord. 2856,
1967; Ord. 1652 Art.3§2, 1941.)
10.12.040 Signaling devices.
It Is unlawful for the operator of any vehicle to make a right turn in violation of
or against a red or stop signal at any intersection In the City when a sign is erected at
such intersection prohibiting any such right turn against a red or stop signal. The
Mayor and Common Council shall by resolution designate such intersections,and the
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1 Director of Public Works shall cause signs to be placed and maintained prohibiting
any such right turn as herein provided. (Ord. MC-460, 5-13-85; Ord. MC-344, 2-20-84;
Ord, 1876, 1949;Ord. 1652 Art.3 §3, 1941.)
10.12.050 Enforcement.
No provision of this Article for which signs are required shall be enforced
against an alleged violator if at the time and place of the alleged violation an official
sign is not in proper position and sufficiently legible to be seen by an ordinarily 'a
observant person. (Ord. 1652 Art. 3§4, 1941.)
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Chapter 10.16 c
STOPPING, STANDING AND PARKING £
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Sections: a
10.16.010 Parking time limited in certain places. c0
10.16.020 Parking prohibited at any time. a
10.16.030 Angle parking. s
10.16.040 Parking parallel on one-way streets. .2
10.16.050 Loading and unloading passengers and freight.
10.16.060 Parking spaces.
10.16.070 Twenty-minute parking.
10.16.080 Bus and taxicab stands.
10.16.090 Stopping prohibited within certain places.
10.16.100 Unlawful parking for certain purposes.
10.16.110 Limited parking -Alleys and narrow streets.
10.16.120 Parking of Commercial Vehicles Prohibited on Public
Streets and Rights-of-Way; Exceptions.
10.16.130 Application of other laws prohibiting the stopping,
standing, or parking of vehicles. d
10.16.140 Removal of ignition key.
10.16.150 Parking enforcement. N
10.16.160 (Repealed by MC-973, 7-1-96)
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10.16.170 Parking -Commissioners. �
10.16.180 Exemption to Parking Restriction -Issuing of permit. m
10.16.190 Parking -Commissioners' permits. F
10.16.200 Limited parking-Street sweeping. 9
10.16.210 Parking limitations - Central City Mall. N
10.16.220 (Repealed by MC-973, 7-1-96) m
10,16.230 Parking Abandoned Vehicles.
10.16.240 Parking on Unpaved Parcels of Real Property c
10.16.250 Parking on Unpaved Parcels of Multi-Residential £
Commercial or Industrial Property.
10.16.260 Parking of Recreation Vehicles on Public Right-of-Way.
10.16.270 Parking Limitations - San Bernardino Baseball Stadium a
Premises.
For statutory provisions on local parking regulations,see Vehicle Code §22500 et seq.
And§22652; for provisions on local parking curb markings,see Vehicle Code §21458; for
provisions on local traffic regulation, see Vehicle Code §21100 et seq.
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10.16.280 Parking on Off Street Parking Areas.
10.16.010 Parking time limited in certain places.
A. Whenever the Mayor and Common Council by resolution determine that any
street, alley, or portion thereof, or other property owned, leased, operated,or
controlled by the City shall be restricted or limited as to time or purpose of
parking thereon, the Director of Public Works shall cause signs or markings
giving adequate notice thereof to be placed and maintained on such street,
alley or other property indicating such limitations or purposes as may be d
provided in such resolution. a
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B. After the sign or marking has been placed pursuant to this section, it is E
unlawful for any driver of any vehicle to park such vehicle on such street, alley, a
or portion thereof, or other property for a time longer or for a purpose other o
than is indicated on the sign or marking,or contrary to the restriction indicated U
on the sign or marking. 7E
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C. The driving or moving of a vehicle from one parking space to a different
parking space in the same time-restricted street, alley, or portion thereof, or g
other property,shall not be deemed a defense to the time limitations imposed
by this section.
(Ord.MC-344,2-20-84;Ord.3845§1, 1979;Ord.3837§7, 1979;Ord.3328(part), 1973;Ord.
1652 Art.4§1, 1941.) n'
10.16.020 Parking prohibited at anytime.
A. Whenever the Common Council determines by resolution that the stopping, Ui
standing or parking of any vehicle upon any street,alley, or portion thereof,or
upon other property owned, leased, operated, or controlled by the City, will o
create a traffic hazard or tend to create traffic congestion, the Director of
Public Works shall Indicate, or cause to be indicated, such place or places by
appropriate signs, or he shall place or cause to be placed and maintained red rn
paint upon the entire curb surface of such street,alley,or portion thereof,or of a
such property,and it thereafter is unlawful for the driver of any vehicle to stop,
stand or park such vehicle on any such street, alley, or portion thereof, or
other City property in violation of such signs or red paint. v
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B. It is unlawful for any person to stop, stand or park a vehicle upon any street,
alley, or portion thereof, or other property owned, leased, operated or
controlled by the City:
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1. Within fifty feet of the nearest mil of a railroad crossing;
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2. Within twenty feet of a crosswalk except that a bus may stop at a a
designated bus stop;
3. Within thirty feet of the approach to any traffic signal, stop sign, or
flashing beacon; or
4. At any place where the City Engineer determines that it is necessary In
order to eliminate dangerous traffic hazards, such location not to
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J exceed fifty feet in length.
5. In front of a public or private driveway, except that a bus engaged as a
common carrier, school bus, or a taxicab may stop to load or unload
passengers when authorized by the City pursuant to ordinance.
6. On a sidewalk,except electric cars when authorized by City ordinance,
as specified in Vehicle Code Section 21114.5.
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C. Whenever the Common Council determines by resolution that the parking of v
any commercial vehicle or house car upon any street, alley, or part thereof, or E
upon other property owned, leased, operated, or controlled by the City, will m
create a traffic hazard,the Director of Public Works shall indicate,or cause to E
be indicated, such place or places by appropriate prohibitory signs, and it is a
thereafter unlawful for the driver of any commercial vehicle or house car to 0
park such commercial vehicle or house car on any such street or alley, or U
portion thereof,or on other property in violation of such signs. a
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D. Pursuant to Section 22651 of the California Vehicle Code or other State law,
any vehicle parked or left standing where the Mayor and Common Council by
resolution or ordinance have prohibited such parking may be removed. No
vehicle may be removed unless signs are posted giving notice of the removal.
(Ord. MC-641, 11-7-88; Ord. MC-460, 5-13-85; Ord. MC-344, 2-20-84; Ord.3736 §1, 1978;
Ord.3328 (part),1973;Ord.3315,1972;Ord.1652 Art.4§2,1941.)
10.16.030 Angle parking. -
The Common Council is authorized to determine, by resolution, those streets
or parts of streets upon which angle parking shall be permitted(other than upon those
state highways where such parking is prohibited by the state Vehicle Code) and the o
Director of Public Works shall place and maintain white lines upon the surface of the N
roadway Indicating the angle at which parking is permitted.(Ord.MC-344,2-20-84;Ord.
1652 Art.4§$, 1941.) rn
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10.16.040 Parking parallel on one-way streets. m
A. Subject to other and more restrictive limitations, a vehicle may be stopped or
parked within eighteen inches of the left-hand curb facing in the direction of N
traffic movement upon any one-way street.
B. In the event a highway Includes two or more separate roadways and traffic is
restricted to one direction upon any such roadway, no person shall stand or E
park a vehicle upon the left-hand side of such one-way roadway unless signs
are In place permitting such standing or parking.
(Ord.2768, 1966; Ord. 1652 Art.4§4, 1941.) a
10.16.050 Loading and unloading passengers and freight.
It Is unlawful for the operator of any vehicle to stop such vehicle for a period of
time longer than is necessary for the loading or unloading of passengers or freight;
provided,that in no event shall such vehicle be stopped for a period in excess of three
( ) minutes for the loading or unloading of passengers, nor In excess of forty minutes for
[Rev.June 14,2012] 10_9
Packet Pg. 1252
7.I.b
the loading or unloading of freight, in any of the following places:
1. At any curb where the grade of the street exceeds twelve percent;
2. In any alley;
3. In any loading zone, as authorized by the Director of Public Works;
and provided further, that such vehicle is authorized to be stopped for
a period not to exceed ten minutes for the loading or unloading of
passengers immediately adjacent to hotel entrances.
(Ord.3328(part), 1973;Ord. 1652 Art.4§5, 1941.) E E
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10.16.060 Parking spaces. E
A. The Director of Public Works is authorized to install and maintain parking o
space markings to Indicate parking spaces where authorized parking is U
permitted. R
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B. When such parking space markings are placed, subject to other and more
restrictive limitation, no vehicle shall be stopped, left standing or parked other
than within a single space unless the size or shape of such vehicle makes
compliance impossible.
(Ord.MC-344,2-20-84;Ord.3328(part), 1973; Ord. 1652 Art.4§6, 1941.) _
n
10.16.070 Twenty-minute parking.
When the Director of Public Works places and maintains or causes to be
placed and maintained authorized signs or green paint on curbs, no vehicle may be
parked for a longer period of time than twenty minutes as Indicated on such signs or Cli
by the green paint on the curbs. (Ord.MC-344,2-20.84;Ord.3328(part),1973; Ord. 1652 0
Art.4§7, 1941.) ri
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10.16.080 Bus and taxicab stands.
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A. The driver of a bus or taxicab shall not stand or park upon any street in any m
business district at any place other than at a bus stop, or taxicab stand F
respectively, except that this provision shall not prevent the driver of any such q
vehicle from temporarily stopping in accordance with other stopping or parking N
regulations at any place for the purposes of and while actually engaged in >
loading or unloading passengers. 0:
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B. It is unlawful for any person to stop,stand or park a vehicle other than a bus in
a bus stop when any such stop has been officially designated and
appropriately signed, except that the driver of a passenger vehicle may
temporarily stop therein for the purpose of and while actually engaged in a
loading or unloading passengers when such stopping does not interfere with
any bus waiting to enter or about to enter such zones.
(Ord. MC-460, 5-13-85; Ord. 1652 Art.4§8, 1941.)
10.16.090 Stopping prohibited within certain places.
[Rev.June 14,20121 10-10
Packet Pg. 1253
A. It is unlawful for the operator of any motor vehicle to stop such vehicle,except
when necessary to avoid conflicts with other traffic, or in compliance with the
direction of a police officer or traffic sign or signal in any of the following
designated places.
B. At any point where the adjacent curb has been painted or marked red by the
Director of Public Works, or at any place where by other appropriate signs,
placed and maintained by the Chief of Police, notice is given that the stopping
of vehicles is prohibited.
(Ord. MC-344,2-20-84;Ord. 1652 Art.4§9, 1941.) E
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10.16.100 Unlawful parking for certain purposes.
E
It is unlawful for the operator of any vehicle to stand or park such vehicle upon a
m
any roadway for the principal purpose of: o
U
A. Washing,greasing or repairing such vehicle except repairs necessitated by an o
emergency;
B. Within the business district from which vehicle merchandise is being sold.
(Ord.MG-460,5-13-85;Ord.MC-401,8-20-84;Ord. 1652 Art.4§10, 1941.)
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10.16.110 Limited parking -Alleys and narrow streets.
iZ
A. It is unlawful for the driver of any vehicle to park such vehicle upon any public
street, or alley, within the City, the roadway of which is not more than
twenty-five feet and not less than twenty feet in width for a period of not to
exceed thirty minutes between the hours of eight a.m.and five p.m. of any day
except Sundays and holidays.
0
B. It is unlawful for the driver,owner or operator of any truck to park such vehicle N
upon any public street or alley within the City, the roadway of which is not
more than sixty-two and one-half feet, between the hours of six p.m. and six rn
a.m., except for the period of time necessary for the loading or unloading of a
passengers or freight; provided, that In no event shall such truck be stopped v
fora period In excess of twenty minutesforthe loading or unloading of freight. F
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C. The Chief of Police may,with the consent of the Mayor and Common Council, m
permit the parking of trucks upon such streets or alleys for a period of time as
specifically set forth In the permit and upon such conditions as therein
specified.
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D. Use of Streets for Storage of Vehicles - Generally - When Prohibited. It is u
unlawful for any person who owns or has possession, custody or control of
any vehicle to park or leave standing such vehicle upon any street or alley for
seventy-two or more consecutive hours.
E. Police officers and the Superintendent of Public Buildings, or his authorized
representatives, are authorized to remove from streets or highways or from
public property,within the City, to the nearest garage or other place of safety,
or to a garage designated or maintained by the Police Department, any
vehicle which has been parked or left standing on such street or highway for
[Rev.June 14,2012] 10-11
PackefPg. 1254
7.I.b
allow such vehicle to stand upon any street, alley or parking lot upon which
there is no attendant, when such motor vehicle is unattended, without first
locking the ignition of the vehicle and removing the ignition key from such
vehicle.
B. Any person convicted under this section shall be punished by a fine of not less
nor more than two dollars; and such person shall not be granted probation by
the court, nor shall the court suspend the execution of the sentence imposed
upon such person.
(Ord. MC-460, 5-13-85; Ord.3880 §2 (part), 1980; Ord.2613,1964; Ord. 1652 Art. 4 §14, E
1941.) a
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10.16.150 Parking enforcement. E
A. Parking control checkers are authorized and empowered to enforce parking o
regulations adopted pursuant to this Article and to issue parking control U
notices throughout the City as provided in Section 40202 of the California o
Vehicle Code. S
E
B. The Director of Public Works, or his or her authorized representatives, is g'
authorized and empowered to enforce parking regulations adopted pursuant
to Section 10.16.160 relating to parking spaces reserved for handicapped n
persons and to Issue parking control notices relating thereto as provided in
Vehicle Code Section 40202.
l C. The Director of Public Works, or his or her authorized representative, is m
authorized and empowered to enforce parking regulations adopted pursuant u6
to Section 10.16.170 relating to parking spaces reserved for City board or
commission members and to issue parking control notices relating thereto as
provided in Vehicle Code Section 40202.
N
D. Any police officers,the Director of Public Works,parking control checkers,or
any regularly employed and salaried City employee enforcing parking laws
and regulations, are authorized and empowered to immobilize vehicles as a
provided In Section 22651.7 of the Vehicle Code of the State of California. d
F
E. The Director of Public Works, or his or her authorized representative, is v
authorized and empowered to enforce parking regulations adopted pursuant
to this Chapter and to issue parking control notices throughout the City of San
Bernardino as provided in San Bernardino Municipal Code Sections
15.24.040.A.5., 15.24.040.A.6., 15.24.050.A.5., and 15.24.050.A.6.
E
F. The Code Compliance Manager, or his or her authorized representatives, is
authorized pursuant to Section 22651 of the California Vehicle Code or other M
State law to remove any abandoned motor vehicle, trailer or dolly parked, left a
standing or abandoned upon any street, alley, off-street public parking facility,
or other property owned, leased, operated and/or controlled by the City for
seventy-two(72)or more consecutive hours.
(Ord. MC-993, 4-21-97; Ord. MC-762,11-26-90; Ord. MC-641,11-7-88; Ord. MC-547,
10-20-86; Ord. MC-541, 8-19-86; Ord. 3855 §1, 1979; Ord. 3844 §1, 1979; Ord. 3733 §1,
1978;Ord.3555, 1976; Ord,3497, 1975;Ord,2754, 1966:Ord. 1652 Art.4§15, 1941.)
[Rev.June 14,20121 10-14
Packet Pg. 1255
10.16.160(Repealed by MC-973,7-1-96)
10.16.170 Parking-Commissioners.
When the Director of Public Works places and maintains or causes to be
placed and maintained authorized signs or markings on, in or about public parking
spaces designating the spaces to be available and reserved for vehicular parking by
City board or commissioner members only, no vehicle other than those with a permit
pursuant to Section 10.16.190 shall be parked in any such parking space so marked,
signed or designated. (Ord. MC-42, 1961; Ord. 3680§2 (part), 1979; Ord. 3855§2,1979;
Ord.3543(part), 1975;Ord.1652 Art.4§17,1941.) E E
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10.16.180 Exemption to parking restrictions -Issuing of permit. E
A. Notwithstanding any other provision of this Chapter limiting or restricting the c
parking or standing of vehicles on certain streets or highways, or portions u
thereof, during all or certain hours of the day, vehicles displaying the a
appropriate preferential parking permit as hereafter provided may park on
streets designated by resolution and shall not be subject to applicable parking E
limitations or restrictions; provided, however, such exemption shall not be
permitted at loading zones or when parking is completely prohibited under all
circumstances.
B. The Director of Public Works/Parking Control shall issue a preferential permit
not to exceed four permits per dwelling, to persons whose residence is
adjacent to designated streets in a time limit parking zone when permitted by r
resolution and upon application therefor. A fee shall not be required for 16
issuance or relssuance of any preferential parking permit.
M
The permits shall be valid for only the same block upon which the residence or o
business is located or in cases of corner locations, the permits shall be valid N
on the two contiguous blocks. The permits shall be valid for the period
specified thereon.
a
The permit shall be displayed on the vehicle as directed by the Director of d
Public Works/Parking Control. r
v
C. The Director of Public Works shall Issue a preferential parking permit to
validated employees who have signed a car pooling contract with the City.
Permits are to be validated every six months, during June and December of
each year.
E
The permits shall only be valid for the fourth level of the City Hall Five Level
Parking Structure and designated spaces at the City Yards,the Central Police °
Station and the Norman Feldheym Central Library. a
The permit shall be displayed on the vehicle as directed by the
Facilities Manager.
D. For all permits Issued under this section, the Director of Public Works shall
keep a record of each permittee's name, address, vehicle license plate
number,California drivers license number,date of issuance,expiration date,if
( any, and any other information required for the proper administration of the
[Rev. June 14,20121 10-15
Packet Pg. 1256
7.Lb
`�. issuance of permits.
(Ord. MC-1131, 11-04-02; Ord. MC-875, 6.7-93; Ord. MC-855, 12-21-92; Ord. MC-843,
6-20-92; Ord. MC-738,8-6-90.)
10.16.190 Parking-Commissioners' permits.
A. The Superintendent of Public Buildings/Parking Control shall issue a permit to
all City Board and Commissioner members.The permit shall be effective for a
one-year period and shall be annually renewed prior to the expiration of the
one-year period. The permit shall expire and shall be of no further force and m
effect when the person to whom it is issued ceases to be a member of the City E
Board or Commission. A decal or sticker, with the expiration date printed
thereon,shall be affixed to the rear left bumper of the vehicle. The City Clerk B
shall provide the Superintendent of Public Buildings/Parking Control with a
current list of all Board and Commissioner members, and shall keep such list o
current by providing names of new board and commission members as u
appointed or name of any board and commissioner members removed. o
.2
B. For all permits issued under this section, the Superintendent of Public 2
Buildings/Parking Control shall keep a record of the name, address, vehicle
license plate number, California driver's license number, type of permit,
date of issuance, expiration date, and any other information required for the
proper administration of the issuance of permits.
(Ord.3880§2(part), 1979; Ord.3855§4, 1979;Ord.1652 Art.4§19, 1941 r=
10.16.200 Limited parking-Street sweeping. O
The Director of Public Works is authorized to prohibit parking on designated
City streets and private streets open for public use, for limited periods of time on
designated days, for street sweeping purposes, when debris or refuse on a given o
street has accumulated. The Director of Public Works is authorized to install at any N
such street or streets signs giving notice that no person shall stand, stop or park a y
vehicle, except as provided on such signs. Whenever authorized signs are in place o
giving notice that stopping, standing or parking is prohibited during such hours on a
such days as are indicated on such signs, it is unlawful for any person to stop or park v
any vehicle at any time during such hours on such days. (Ord. MC-344, 2-20-84; Ord.
3880§1,1979;Ord.1652 Art.4§20, 1941.)
10.16.210 Parking limitations-Central City Mall. d
The Superintendent of Public Buildings/Parking Control is authorized to
prohibit vehicular parking In any parking area of the Central City Mall, except for the v
parking of motor vehicles during the period of time such person or the occupants of
such vehicle are customers or invitees of the retail and business establishments in the 2
Central City Mall.The Superintendent of Public Buildings/Parking Control shall install a
and maintain at each entry to the parking area of the Central City Mall, authorized
signs giving notice that no person shall stop, stand or park a motor vehicle in any
parking area of the Central City Mall, except as provided on such signs. Whenever
authorized signs are in place giving notice, it is unlawful for any persori'to stop,stand
or park any motor vehicle in such parking area of the Central City Mall except during
the period of time of such person or occupants of such vehicle are customers or
invitees of the retail and business establishments of the Central City Mall. Any
[Rev.June 14,20121 10-16
PacketPg. 1257
person violating this section shall be deemed guilty of any infraction and upon
conviction thereof shall be fined as set forth in Section 10.44.010.
The provisions of this section shall not be applicable in parking areas of the
Central City Mall specifically reserved for employee parking or for use of business
invitees of the buildings known as the Andreson and Woolworth Buildings. (Ord.
MC-415, 10-15-84.)
10.16.220 (Repealed by MC-973, 7-1-96)
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10.16.230 Parking Abandoned Vehicles. a
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A. It is unlawful to park, leave standing or abandon any motor vehicle, trailer or
dolly upon any street, alley, off-street public parking facility, or other property
owned, leased, operated and/or controlled by the city for seventy-two (72)or o
more consecutive hours. U
m
B. It is unlawful to park, leave standing, or abandon a vehicle upon private ,-a,
property without the express or implied consent of the owner or person in
lawful possession or control of the property for seventy-two (72) or more g
consecutive hours.
n
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C. Any person convicted of a violation of this section shall be punished by a fine
of not less than One Hundred Dollars ($100.00) and shall provide proof that
the costs of removal and disposition of the vehicle have been paid. No part of
any imposed fine shall be suspended pursuant to Section 22523 of the r
California Vehicle Code.
(Ord. MC-668.7-17-89) rvi
10.16.240 Parking on Unpaved Parcels of Real Property. o
A. A person shall not stop, stand or park a vehicle on any unpaved parcel of real w
property; provided however, that nothing in this section shall be construed to
prevent the parking of a vehicle in a residential zone on an unpaved driveway a
or a drive approach to a garage or other durable or permanent driveway or
pad installed for the purpose of parking such vehicle on a parcel of real F
property which is not subject to Section 19.24.060(18) of the City of San d
Bernardino Development Code at the time of violation. w
v
B. Those persons authorized to issue citations pursuant to Municipal Code w
Section 9.90.010 are any police officer, any parking control checker, or any ,
code enforcement officer is authorized and empowered to enforce this parking
regulation and to issue parking control notices related thereto as provided in
Vehicle Code Section 40202. z
(Ord. MC1064, 1-10-00) Q
10.16.250 Parking on Unpaved Parcels of Multi-Residential, Commercial or
Industrial Property.
A. A person shall not stop, stand or park a vehicle on any unpaved parcel of
multi-resldential, commercial, or industrial property; provided however, that
this ordinance shall not apply in instances where a Temporary Use Permit has
[Rev.June 14,2012] 10-17
'IidGke>;r Pg`,;1256•:
7.I.b
been granted under Development Code Section 19.70.020(9).
B. The Police Chief, or his or her authorized representatives, is authorized and
empowered to enforce this parking regulation and to issue parking control
notices related thereto as provided in Vehicle Code Section 40202.
(MC-1072, 5-1.00)
Section 10.16.260 Parking of recreation vehicles on public right-of-way.
m
A. Recreation vehicles may be temporarily parked on public right-of-ways In front
of residences for not more than 48 continuous hours for the purposes of E
v
loading or unloading. Forty-eight hours must elapse before the start of anew
forty-eighty hour period,together with movement of the vehicle a distance of QE
at least 500 feet.
a
B. The Police Chief, or his or her authorized representative, is authorized and
empowered to enforce this parking regulation and to Issue parking control v
notices related thereto as provided in Vehicle Code Section 40202.
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10.16.270 Parking Limitations - San Bernardino Baseball Stadium
Premises.
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Vehicular parking is prohibited in any parking area of the San Bernardino
Baseball Stadium except for the parking of motor vehicles during the period of time
that the occupants of such vehicle are licensees or Invitees of events occurring at the
San Bernardino Baseball Stadium premises. The Director of Public Works shall
install and maintain at each entrance to the parking area of the San Bernardino
Baseball Stadium authorized signs giving notice that no person shall stop, stand or
park a motor vehicle in any parking area of the San Bernardino Baseball Stadium,
except as provided on such signs. Subsequent to the initial posting of authorized d
signs giving notice, It is unlawful for any person to stop, stand or park any motor
vehicle In such parking area of the San Bernardino Baseball Stadium except during
the period of time the occupants of such vehicle are licensees or invitees of the events rn
occurring at the San Bernardino Baseball Stadium premises. Any person violating a
this section shall be deemed guilty of an infraction and upon conviction thereof shall a
be fined as set forth In Secti0n 10.44.010. (MC-1076,7-10.00;MC-1068,4-17-00) f=
a
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10.16.280 Parking on Off Street Parking Areas.
m
A. A person shall not park, or display a vehicle in a public or private off street
parking area, including paved vacant lots, for the purpose of the sale, lease,
display, repair or storage of said vehicle, unless said lot has received all E
necessary approvals, permits and business registration for said sale, lease,
display, repair or storage of vehicles.
B. For this section, the term "vehicle" includes, but is not limited to: cars, vans, a
trucks, trailers, boats, campers and recreation vehicles.
C. Those persons authorized to issue citations pursuant to Municipal Code
Section 9.90.010, any police officer, any parking control checker, and the
Director of Community Development, or his or her authorized representative,
is authorized and empowered to enforce this parking regulation and to Issue
parking control notices related thereto as provided in Vehicle Code Section
[Rev.June 14,2012] 10-18
PacketPg. 1259
40202.
(Ord. MC-1116,2-19-02)
Chapter 10.20
SPECIAL STOPS'
Sections:
10.20.010 Stop sign erection.
10.20.020 Stop at through street or stop intersection.
10 20.030 Emerging from alley or private driveway.
E
10.20.010 Stop sign erection. d
E
Whenever any ordinance or resolution of this City designates and describes
any street or portion thereof as a through street, or any intersection at which vehicles o
are required to stop at one or more entrances thereto,the Director of Public Works v
shall erect and maintain stop signs as follows: o
U
A. A stop sign shall be erected on each and every street intersecting such
through street or portion thereof so designated and at those entrances of other
intersections where a stop is required.
r
a. Every such sign shall be placed at or near the entrance to the highway or
intersection where a stop is required and every such sign shall conform to the
requirements of the Vehicle Code.
(Ord.MC-344,2-20-84; Ord. 1652 Art.5§1,3-17-41.) tO
10.20.020 Stop at through street or stop intersection. "
C
When stop signs are erected,as provided in this Article, at the entrance to any
intersection,every driver of a vehicle and every motorman of a street car shall stop at
every such sign, before entering the intersection, except when directed to proceed by
a police officer or traffic-control signal. (Ord. 1652 Art. 5§2,3-17-41.) a
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10.20.030 Emerging from alley or private driveway. F
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5 For statutory provisions on local authority to regulate stops at through streets and stop
intersections, see Vehicle Code §21101.
[Rev.June 14,2012] 10-19
�x�.:
10.24.030 Operation of vehicle prohibited when fire apparatus in
operation.
When any fire apparatus is engaged in extinguishing a fire, it is unlawful for
any person to operate any vehicle upon the same street, so as to approach within
three hundred feet of such fire apparatus. (Ord. 1652 Art. 6§3, 1941)
10.24.040 Certain vehicles prohibited in the business district.
H
A. It is unlawful for the operator of any of the following vehicles to drive the same E
in the business district between the hours of seven a.m. and six p.m. of any a
day except Sunday: E
1. Any vehicle so loaded that any part of its load extends more than
three feet to the front or more than ten feet to the rear of the vehicle; v
0
except with written permit of the Chief of Police; O
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2. Any vehicle used exclusively for advertising purposes. u
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B. The Director of Public Works is authorized to establish over an appropriate
street or streets, and to designate by appropriate signs, through traffic routes
for the movement of vehicles of two or more tons capacity designed for
carrying merchandise, freight or material. When any such through traffic
routes are established and designated by appropriate signs, the operator of
any vehicle mentioned in this section shall drive on such route or routes, and
none other, except when It Is reasonably necessary.
(Ord. MC-344,2-20-84;Ord. 1652 Art.6§4, 1941.)
vi
10.24.050 Crossing fire hose.
0
It is unlawful for any person to drive any vehicle over any unprotected hose of N
the Fire Department when laid down on any street, private driveway or street car
track, to be used at any fire or alarm of fire, without the consent of the Fire o
Department. (Ord. MC-460, 5.13.85;Ord. 1652 Art.6§5, 1941.) a
m
10.24.060 Unlawful to drive through procession. &
v
It is unlawful for the operator of any vehicle or street car to drive between the
vehicles comprising a funeral procession or other authorized procession, provided
that such vehicles are conspicuously so designated. (Ord. 1652 Art. 6§6, 1941.)
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10.24.080 (Repealed by MC-460.) t
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10.24.090 Skateboards, skates,etc., restricted.
Q
It is unlawful for any person to ride upon or use in any manner any coaster,toy
vehicle, roller skate, skates, skateboard or other kindred contrivance or device upon
any sidewalk within a business district of the City or upon any public roadway in the
City.(Ord. 3554, 1976;Ord. 1652 Art. 6§9, 1941.)
10.24.100 Use of coasters and similar devices restricted.
[Rev. June 14,2012] 10-21
NOME
7.I.b
10.24.180 Speed limit on public grounds.
It is unlawful for any person to drive or operate a motor vehicle on any
roadway, road, alley or way, or upon the grounds of a public park, playground or
public school or of a county or municipal institution or building, or of an educational
institution or building, at a speed in excess of fifteen miles per hour. (Ord. MC-460,
5.13-85;Ord.2579(part), 1964;Ord. 1652 Art.6§20, 1941.)
10.24.190 Commercial Vehicles Prohibited on Certain Streets. E
M
A. Pursuant to the authority and restrictions of Vehicle Code Sections 35701, at
seq., no person shall operate or drive any commercial vehicle upon the E
following streets, and the Traffic Engineer shall cause appropriate signage to
be erected giving notice thereof: o
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1. Palmyra Drive between Sierra Way and Sonora Drive; o
2. Arlington Drive between Palmyra Drive and its terminus three hundred U
feet to the southeast; E
3. Lugo Avenue between Palmyra Drive and Ralston Avenue;
4. Thirty-Ninth Street between Lugo Avenue and its terminus
two-hundred ninety feet to the east;
5. Thirty-Ninth Street between Palmyra Drive and Belle Street;
6. Ralston Avenue between Waterman Avenue and Sonora Drive;
7. Belle Street between Ralston Avenue and Thirty-Ninth Street;
8, Sonora Drive between Palmyra Drive and its terminus two-hundred
sixty feet to the southeast;
9. Sonora Drive between Palmyra Drive and its terminus two-hundred M
sixty feet to the southeast;
10. Twenty-Fourth Street between Lincoln Drive and "I"Street;
11. Twenty-Fifth Street between Lincoln Drive and "I" Street; CIT
12. Twenty-Sixth Street between Lincoln Drive and"I" Street; N
13. T' Street between Twenty-Third Street and Twenty-Seventh Street;
14. Davidson Street between Tippecanoe Avenue and Richardson Street; a
15. Hardt Street between Tippecanoe Avenue and Richardson Street; m
16. Gould Street between Tippecanoe Avenue and Richardson Street;
17. Coulston Street between Tippecanoe Avenue and Richardson Street; d
18. Tie Juana Street between Fourth Street and Fifth Street;
19. Cabrera Avenue between Fourth Street and Fifth Street;
20, Kingman Street between Tia Juana Street and Mt.Vernon Avenue.
21. Poplar Street between Pepper Avenue and Meridian Avenue. m
22. Meridian Avenue between Mill Street and the end of Meridian Avenue E
north of Walnut Street.
23. Mt. Vernon Avenue between r Street and 2"" Street (Mt. Vernon
Avenue Bridge), except for commercial pickup trucks, vans, and a
passenger cars.
(Ord. MC-1283,09-02-08)
B. Pursuant to the authority and restrictions of Vehicle Code Sections 35701,at
seq., no person shall operate or drive any vehicle exceeding a maximum
gross weight limit of ten thousand pounds upon the following streets, and the
Director of Public Works shall cause appropriate signs to be erected giving
(Rev.hme 14,20121 10-23
Packet Pg. 1262
7.I.b
notice of such weight limitation prohibition:
1. Airport Drive;
2. Arrowhead Avenue, between Marshall Boulevard and Kendall Drive;
3. Businesscenter Drive;
4. Commeroenter Circle;
5. Commercenter East;
6. Commercenter West;
7. Diners Court;
8. San Bernardino Civic Plaza Access Loop; v
9. Sunwest Lane, between Hospitality Lane and"E"Street.
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C. Pursuant to the authority and restrictions of Vehicle Code Sections 35701, E
35703, et seq., no person shall operate or drive any commercial vehicle d
having a manufacturers Gross Vehicle Weight rating (GVWR) exceeding o
thirty thousand(30,000)pounds upon the following streets,and the Director of u
Public Works shall cause appropriate signs to be erected giving notice of such n
weight limitation prohibition:
c
1. 40'Street, east of Harrison Street for a distance of five hundred(500) M
feet;
2 40'h Street,west of Waterman Avenue to Acacia;
3. Valencia Avenue, between 4&Street and 3&Street; —
4. Parkside Drive, between 401b Street and 30"Street;
5. Sierra Way,from the Highway 18 Junction to 30'"Street;
6. Mountain View Avenue, from Its merge with Electric Avenue to 30th
Street; Ui
7. Electric Avenue, from 40'" Street to its merge with Mountain View M
Avenue;
8. Hospitality Lane,from E Street to Waterman Avenue; °
9. Hunts Lane,from Hospitality Lane to E Street N
(Ord.MC-1139,03-03-03; Ord.MC-1133,11.18.02;Ord.MC-1110, 12.03.01;Ord.MC-1079,
8.21-00; Ord. MC-1046; 5-3-99; Ord. MC-465, 7-1-85; Ord. MC-344, 2-20-84; Ord. MC-80, m
m
1981;Ord.37118, 1978; Ord.2915,1968;Ord. 1652 Art.6§21, 1941.) a
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10.24.200 Municipal parking lots and structures. F
v
A. A municipal parking facility is a parking lot, parcel of land, facility, garage or
structure owned, leased or operated by the City, or in which the City has a
possessory right of Interest,and which is used as a municipal or public parking
facility for the off-street parking of vehicles.
B. It is unlawful in any municipal parking facility for any person to park or leave s
standing any vehicle,whether attended or unattended, in any driveway, aisle,
walk or area other than entirely within a designated parking space or in any a
location or position across any line or marking designating a parking space.
C. It Is unlawful in any municipal parking facility for any person to drive a vehicle,
upon any driveway,aisle,walk or area in a direction contrary to the direction of
travel indicated by arrows or marking painted or placed thereon.
D. It is unlawful in any municipal parking facility for any person to drive a vehicle
[Rev.June 14,2012] 10-24
at a speed greater than is reasonable and prudent having due regard for the
weather, visibility, the traffic on and the surface and width of the driveway or
aisle or in any event to drive the vehicle at a speed which endangers the
safety of persons or property.
E. It Is unlawful in any municipal parking facility for any person to drive a vehicle
at a speed greater than ten miles per hour.
F. The provisions of this section shall not relieve any person from the duty to
observe other and more restrictive provisions of the Vehicle Code or local d
ordinance or of any special condition or regulation imposed by the Mayor and E
Common Council, or Director of Public Works. c
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G. It is unlawful for any person to ride upon any bicycle, roller skate or 4
skateboard, or other kindred contrivance in any municipal parking facility as $
defined in Subsection A of this section except a municipal parking facility L)
located in a municipal park or play-ground. o
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H. The provisions of this section shall not apply to a police officer in the 3
performance of his duties.
(Ord.MC-811, 11-4-91;Ord.MC-460,5-13-85;Ord.MC-344,2.20-84;Ord. 3538, 1975;Ord.
3329, 1973;Ord. 1652 Art.6§22, 1941.) (City Attorney Opinion No. 91-26)
10.24.210 Cruising regulations.
l A. No person shall drive a motor vehicle on a street or highway past a traffic 16
control point in traffic which is congested at or near the traffic control point,as 16
determined by the ranking peace officer on duty within the affected area,three
or more times in one direction within a three hour period and after a peace
officer has given written notice to said person passing the control point the o
second time that passing the control point a third time shall constitute a N
misdemeanor in violation of this section.The beginning and end of the portion y
of the street or highway subject to cruising controls shall be clearly identified
by signs that state the appropriate provisions of Section 21100(K) of the a
California Vehicle Code and this section. m
B. This section shall not apply to the vehicle operators of the following vehicles:
emergency vehicles as defined in Section 165 of the California Vehicle Code,
taxicabs for hire, buses,vehicles being driven for business purposes,and any r
publicly owned or leased vehicle of any city, county, district, state, or federal
agency. d
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C. Any person, firm or corporation violating any provision of this section is guilty
of a misdemeanor which upon conviction thereof is punishable in accordance z
with the provisions of Section 1.12.010 of this Code.
(Ord. MC-574,1-5-87.)
10.24.220 Traffic diversion.
A. If a peace officer determines pursuant to California Vehicle Code Section
21101.2 and this section that the traffic load on a particular street or highway
[Rev.June 14,20121 10-25
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The Common Council may by resolution establish at the intersections of
certain streets the "Scramble System" of traffic control for pedestrians, and the
Director of Public Works is authorized and required to install and maintain the
necessary traffic controls, and/or signs at or near such intersections, and the Director
of Development Services is authorized and required to install and maintain the
necessary traffic signals. (Ord. MC-1027, 9-8-98; Ord. MC-344,2-20-84; Ord.2288, 1960;
Ord. 1652 Art. 7§6, 1941.)
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Chapter 10.32 m
BUSES AND RAILROAD TRAINS E
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Sections: E
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10.32.010 Boarding or alighting from buses.
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10.32.020 Unlawful riding. cJ
10.32.030 Railway trains and street cars not to block street. R
10.32.040 Speed of trains and cars upon public streets. SL SL
10.32.050 Speed of trains over right-of-way.
10.32.060 Railway gates.
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10.32.010 Boarding or alighting from buses.
It is unlawful for any person to board or alight from any bus while such bus is in A
ll motion.(Ord. MC-460,5-13-85.)
l 10.32.020 Unlawful riding.
It is unlawful for any person to ride on any bus upon any portion thereof not
designed or intended for the use of passengers. This provision shall not apply to any c
employee engaged in the necessary discharge of a duty. (Ord. MC-460,5-13-85.)
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10.32.030 Railway trains and street cars not to block street.
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It is unlawful for the operator of any steam, interurban, or street railway train or 2
car to operate the same in such a manner as to prevent the use of any street for
purposes of travel for a period of time longer than eight minutes. (Ord. 1652 Art. 8 §3,
1941.)
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10.32.040 Speed of trains and cars upon public streets.
C
It is unlawful for any person,firm or corporation to operate, permit or cause to E
be operated any engine, train, locomotive, steam train, electric car or electric train
over, across, upon or along any public street within the City except as specifically
provided in Section 10.32.060, at a rate of speed greater than one mile in three a
minutes. (Ord. 1652 Art.8 §4, 1941.)
10.32.050 Speed of trains over right-of-way.
It is unlawful for any person,firm or corporation to operate, permit or cause to
be operated any engine, train, locomotive, steam train, electric car or electric train
upon the right-of-way now owned and operated by the Atchison,Topeka&Santa Fe
[Rev.June 14,20121 10-28
P�cke{:pg;.1265'
2.L6
Railway,while crossing over, upon or along any public street within the City at a rate
of speed greaterthan thirty miles per hour,except that the speed may be increased to
a rate of speed not greater than forty miles per hour in that section north from
Baseline to the limits of the City. (Ord. 1652 Art. 6§5, 1941.)
10.32.060 Railway gates.
It is unlawful for any person to drive any vehicle through or under any safety
gate or railroad barrier which is maintained at a railroad crossing for the purpose of
warning persons of the approach of a train or car,while such gate or barrier is closed 9
or while it is being opened or closed. (Ord. MC-460,5-13-85;Ord. 1652 Art.8§6, 1941.)
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Chapter 10.36
LOADING ZONES, BUS STOPS,AND CROSSWALKS8 E
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Sections: a
10.36.010 Loading zones and bus stops to be painted or marked. ci
10.36.020 Authorization to establish crosswalks. o
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10.36.010 Loading zones and bus stops to be painted or marked.
The City Engineer shall determine, and the Director of Public Works shall
mark,the location of all loading zones and bus stops by causing the adjacent curb to
be painted or marked respectively yellow, white and red; that portion so marked
yellow shall be established as a loading zone,and the curb surface so painted yellow
shall have thereon in black letters the words"loading zone,"and such loading zone so
located and marked shall be used only as a place for the loading or unloading of
passengers or freight, subject to the limitations prescribed;that portion painted white
shall be established as a passenger loading zone,and the curb surface painted white
shall have thereon in black letters the words 'passenger loading zone," and such
passenger loading zone so located and marked shall be used only as a place for the
loading or unloading of passengers; that portion painted red shall have thereon in `✓
white letters the words"bus stops,"and such bus stop so located and marked shall be
used only as a place for the loading and unloading of passengers, subject to the
limitations herein prescribed, and the City Engineer may determine, and the Director a
of Public Works shall mark, the location in front of and adjacent to hospitals, police w
stations and theaters where it is unlawful to stop, stand or park a vehicle by causing
the adjacent curb to be painted or marked red.(Ord. MC-344,2-20-84; Ord. 1730, 1945; m
Ord. 1652 Art. 9§1, 1941)
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10.36.020 Authorization to establish crosswalks.
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The City Engineer is authorized and required to establish crosswalks, E
approximately equal in width to the adjacent sidewalk at all intersections, or between
intersections,where In his opinion there is a particular danger to pedestrians crossing
the roadway, and when so designated by the City Engineer, the Director of Public a
Works shall designate the crosswalks upon the surface of the roadway by white
painted lines.(Ord. MC-344,2-20-84; Ord. 1652 Art.9§2. 1941.)
gFor statutory provisions on local parking curb markings,see Vehicle Code§21458;for
l provisions on local authority to establish crosswalks,see Vehicle Code §21106.
/ (Rev.June l4,2012] 10-29
Packet Pg. 1266
7.I.b
Chapter 10.40
DAMAGE TO PROPERTY
Sections:
10.40.010 Report required.
10.40.020 Accident reports confidential.
10.40.010 Report required.
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The driver of a vehicle, or the person in charge of any animal, involved in any E
accident resulting in damage to any property,publicly owned,including but not limited
to any fire hydrant; ornamental lighting post or ornamental shade tree, located in or QE
along any street or within any public park; or resulting in damage to any property w
owned by any public utility, including but not limited to a telephone pole,electric light o
or power pale,where the damage exceeds twenty-five dollars,shall within twenty-four
hours after such accident make or cause to be made a written report of such accident a
to the Police Department of the City upon forms furnished by the Police Department. v
(Ord. 1652 Art. 10§1, 1941.) E
10.40.020 Accident reports confidential.
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All required accident reports shall be without prejudice to the individual so
reporting and shall be for the confidential use of the Police Department, except that
l the Police Department shall disclose the names and addresses of persons involved
1 in, or witnesses to,an accident,the registration numbers and descriptions of vehicles
J involved,and the date,time and location of an accident,to any person who may have
a proper interest therein,including the driver or drivers involved,or the legal guardian
thereof, the parent of a minor driver, the authorized representative of a driver, or to
any person injured therein,and the owners of vehicles or properly damaged thereby,
or all of them. No such report shall be used as evidence in any trial, civil or criminal, N
arising out of an accident, except that the department shall furnish upon demand of
any person who has, or claims to have, made such a report or upon demand of any
court,a certificate showing that a specified accident report has or has not been made a
to the Police department solely to prove a compliance or a failure to comply with the 2
requirement that such a report be made to the Police Department. (Ord. 1652 Art. 10
§3, 1941.)
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Chapter 10.44
VIOLATION -PENALTY
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Sections: E
10.44.010 Violation-Penalty.
10.44.020 Delinquent parking citations.
10.44.010 Violation-Penalty.
Any person violating any provision of Title 10,Article I of this Code or any rule
or regulation made by the Common Council by resolution or by the City Engineer or
Director of Public Works pursuant thereto Is guilty of an Infraction, which upon
conviction thereof is punishable in accordance with the provisions of Section 1.12.010
of this Code. (Ord.MC-460,5-13-85;Ord. MC-344,2-20-84;Ord.3035,1969;Ord. 1652 Art.
[Rev.June 14,2012] 10-31
PacketPg. 1267
WATERMAN AVENUE: Between Barton Road and Central Avenue.
(Ord.MC-1341, 1-6-11;Ord. MC-1082, 9.5.00;Ord. MC-1067,3-6-00; Ord. MC-992,4-7-97;
Ord.MC-988, 12-16-96:Ord.MC-907,7-5-94;Ord. MC-587,3-23-87;Ord.MC-438,2-18-65;
Ord. MC-93, 1981;Ord.2265(part), 1973;Ord.2105§3Y:,1956.)
10.52.055 Fifty-five miles per hour.
In accordance with and pursuant to the authority of Sections 22357, 22358,
and 22360, of the California Vehicle Code, the Mayor and Common Council do N
hereby determine and declare upon the basis of an engineering and traffic m
investigation that a prima facie speed limit of fifty-five miles per hour shall be v
established upon the following streets or portions thereof in the City:
E
BASE LINE STREET: Between Mardian Avenue and California Street. a
(Ord. MC-988, 12-16-96) o
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10.52.060 Erection of signs.
a
The Director of Public Works Is ordered and directed to erect and maintain or
cause to be erected and maintained appropriate signs giving notice of the prima facie
speed limits established in this chapter along such streets. (Ord. MC-344, 2-20-64;
Ord. 2392, 1981;Ord.2105§4. 1956.)
Chapter 10.56
NOISE LIMITS"
Sections:
10.56.010 Incorporation of state statutes.
10.56.020 Muffler requirement.
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10.56.010 Incorporation of state statutes.
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A. It is unlawful for any person to operate on public or private property other than m
public streets or highways a motorcycle, motor-driven cycle, or any other
motor vehicle at any time or under any condition of grade, load, acceleration a
or deceleration in such a manner as to exceed the noise limits established in
Section 23130 of the Vehicle Code for such motorcycle, motor-driven cycle or P
other vehicle based on a distance of fifty feet from the path of travel within the - v
speed limits specified in Section 23130.
B. The provisions of Section 23130 of the Vehicle Code of the State are
incorporated by reference and made a part of this Chapter wherever such
provisions may be made applicable without contravening Subsection A of this £E
section; and any words and phrases contained in this section shall have the m
same meanings as are set forth in the Vehicle Code for such words and a
phrases when such meanings are not In conflict with the intent of Section
23130.
(Ord.MC-460, 5-13-85;Ord.3086(part), 1970;Ord. 821 §710(x),1921.)
"For statutory provisions on noise limits,see Vehicle Code§§23130 and 23130.5.
f Rev.June l4,2012) 10-40
Packet Pg. 1268
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TITLE 12
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Title 12
STREETS, SIDEWALKS AND PUBLIC PLACES
Sections:
12.03 Right-of Way Permits -Excavations and Temporary
Encroachments.
12.04 (Repealed by MC-1004, 10-20-97)
12.08 (Repealed by MC-1004, 10-20-97)
12.12 Telegraph and Telephone Poles - Underground 2
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Utilities.
12.1 £6 Datum Plan. E
12.20 Public Projects. d
12.24 Public Works Contracts. G
12.28 Improvements.
12.30 Sight Distance Requirement. o
12.32 House Numbers. u
12.36 Streets Grades. R
12.40 Street Trees. u
12.44 Obstructions. E
12.48 Bridges.
12.52 Fire Hydrants.
12.56 Parades.
12.60 Vending Near Public Schools.
12.64 Motion Picture and Television Production Permits.
12.68 Park and School Grounds.
'1 12.72 Clocks.
12.76 Seccombe Lake Park.
12.80 Public Parks and Recreational Facilities. M
12.84 Off-Street Public Parking.
12.88 Hang Gliding. °
12.90 Establishment, Financing and Operation of Assessment
Districts. a
12.92 Construction and Maintenance of Sidewalks, Curbs o,
and Driveways. a
12.93 City Participation in Sidewalk/Curb Repair and Sewer 2
Connection Costs.
12.94 Improvement Districts. 'O
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12.95 Substandard Driveway Approach.
12.96 Installation and Maintenance of Landscaped Frontages
on City Rights-of-Way and Within the Building Set-back
Area up to a Maximum of Twenty(20) Feet.
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12.98 Camping on Public Streets and Parks. E
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[Rev. June 14,2012] 12-1
Packet Pg. 1270
7.I.b
,) (Ord.MC-1281,08-18-08)
12.03.030 Notice to Disconnect or Remove.
Whenever the Director of Public Works determines that it is reasonable
and necessary that any property located in or under any public street, or public
place In this City, owned, maintained, or controlled by any person, be temporarily
disconnected, and reconnected, or permanently moved, relocated, or removed
from any public street, or other public place, in order that the City, or other y
governmental agency, or instrumentality, may most economically, under modern
engineering and construction methods install, construct, build, or erect any public v
improvement, or works in or under any public street,the Director of Public Works
shall give timely written notice to the person owning, maintaining, or controlling E
such property, to move, relocate, or temporarily disconnect the same, as may be d
determined by the City Engineer. (MC-1027,9-8.98;Ord. MC-1004, 10-20-97) o
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12.03.040 Power to Regulate. n
.2
A. The City shall adopt such regulations for the location, size, depth, number
of facilities to be accommodated, installation and repair methods and
surcharges for new or recently rehabilitated public streets that may require
excavations as it may deem necessary for public welfare. The regulations
are intended to protect the public right-of-way and equitably allocate
available space. In the event a utility cannot locate as directed by the
City without violation of PUC installation guidelines, then alternate
alignments shall be selected.
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B. Whenever an excavation is made by tunneling under the surface of the M
street, the City shall adopt such regulations and require such inspections,
as it may deem necessary to insure full compliance with the other sections c
of this chapter.
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C. Whenever conduits are placed under City streets or in public
rights-of-ways, the City will require the owner/user to insure the conduits a
can be located, with accuracy, by a reliable method. This shall mean a v
horizontal location within 4 inches and depth within 18 Inches.
v
D. Plans shall be prepared and submitted that show the location, depth and
type of proposed facilities, as well as other existing underground utilities. 'w
Such plans shall be to scale and no less than V" 60' and shall show the
right-of-way line,curb lines and all known underground utilities,conduits or
buried wires. L
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E. City direction to relocate or locate in other positions to clear existing or
future facilities will be considered mandatory and not merely
recommendations. Failure to follow approved plans will result in the
facility being relocated as directed at the cost of the Owner.
12.03.050 Noninterference With Franchise Rights.
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[Rev.June 14,2012] 12-5
Packet Pg: 1271
7.I.b
Nothing in this chapter shall be construed as interfering with any rights
granted to any persons,firm or corporation under and by virtue of any franchise of
the State of California or of the City or to any rights granted in the future.
12.03.055 Moratorium.
A. It shall be unlawful for any Person to excavate, cut,or open the pavement
surface of any street within 5 years after acceptance of the street
construction work by the City Engineer,with the exception of seal coated or
microsurfaoed streets, which shall be for a period of 3 years after
acceptance of the work by the City Engineer. This moratorium on street E
excavations shall not apply If the Director of Public Works grants a street
excavation permit for any of the following reasons. E
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(1) Excavation work that is mandated by City,County, State or Federal $
legislation or that is required as a condition of approval to a
City-issued development permit; a
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(2) Utility service for development where no other reasonable means of
providing service exists, as determined by the Director of Public
Works; m
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(3) For a Prospect Hole, as defined in this Chapter, to verify utility
depth or location;
(4) Excavations which are essential components of a regional project
which will provide a substantial public benefit;
(5) Written requests for State/Federal mandated pipeline integrity
inspections;or °
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(6) Other situations where the Director of Public Works finds that the
excavation is necessary for the public health, safety,or welfare. A
a
B. In the event of an emergency which endangers life or property, or for an
emergency repair or modification which is necessary to prevent interruption
of life essential utility services, excavation work may occur without first
obtaining a permit; however, written application for a permit shall be
provided the following business day.
C. If a permit is granted by the Director of Public Works or emergency w
excavation work as hereinabove described is performed, the following E
conditions shall apply: L
(1) All restoration and repair work shall be performed in accordance a
with the most current trench, backfill and pavement replacement
detail standards in effect and as approved by the City Engineer.
(2) Provide a written pavement life performance warranty in a form
acceptable to the City, unless one is already provided through a
franchise agreement with the City. The warranty shall provide that
y— in the event that subsurface material or pavement over or within the
[Rev.June 14,2012] 12-6
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Trench Influence Area becomes depressed, broken, or otherwise
fails at any time after the excavation (or joint operation excavation)
has been completed, that Person shall repair or reconstruct the
subsurface and pavement to a condition to the satisfaction of the
City Engineer; and
(3) The Person requesting the excavation permit or responsible for
emergency excavation work shall submit an application for an
excavation permit, pay all required fees and comply with the c
provisions of Chapter 12.03. £
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D. The moratorium on excavations shall not apply in any area where the street
pavement construction was completed 5 years prior to the effective date of a
this ordinance, d
(Ord.MC-1281,08-18-08) u
12.03.060 Permit Application. o
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A. Every permit for any excavation or encroachment in or under the surface of
any street shall be granted subject to the rights of this City, or any other
person entitled thereto,to make reasonable use of that part of the street for
any purpose for which the street may be lawfully used, consistent with the
excavation and/or encroachment made pursuant to such permit.
B. It is unlawful to remove material from or engage in construction, repair or
1 installation of condults within any street in such a manner as to render such r
l street impassable or dangerous to public travel. Closure of streets must
be approved in advance with approval of traffic detour plans submitted in M
accordance with the guidelines prepared by the Director of Community
Development for the City of San Bernardino. °
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C. It is unlawful for any person to make excavations or encroachments in or
under the surface of any street,sidewalk or public place,for the installation,
m
repair, or removal of any pipe, conduit, duct, or tunnel, or for any other a
purpose except the installation of poles and anchors serving overhead m
lines without first:
v
1. Making and filing a written application with the Director of
Public Works a minimum of forty-eight hours priorto starting
any excavation or encroachment,except any person,or firm
holding a public utility franchise in the City may, for
emergency purposes only, make and file a written E
application during the next business day following the
making of such emergency excavations or encroachments.
2. Receiving a written permit from the Director of Public
Works.
3. Making a deposit or other acceptable security to cover the
cost of Installation including:
a. Inspection.
b. Restoring the street or sidewalk to its original
[Rev.June 14,2012) 12-7
Packet Pg. 1273
condition.
C. Restoring all signs, pavement markings, conduits,
cables, pipes to a condition acceptable to the City
using similar materials and methods to match the
original improvements.
d. Incidental expenses in connection therewith, as
hereinafter provided for.
D. Before issuing any permit provided for in this section,the Director of Public l5
Works shall require that a written application be made and filed with the E
Department of Public Works which shall provide the following: v
c
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1. Name and residence, or business address of applicant; E
d
2. A detailed description of the work, its location and
approximate area (in square feet) and the purpose for the U
excavation(installation, repair, enhancement, etc.); a
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3. A plat of the proposed work not larger than 24"x36" nor
smaller than 8-1/2"x 11" and at a scale not smaller than
1"=60'showing the following: o
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a. Right-of-way lines.
b. Curb lines, back of sidewalk, street lights, traffic
signal and boxes.
C. Location of proposed excavation including the
length and width of the trench.
d. North arrow and scale. ,.;
e. Street names and cross street (even if shown with
broken centerline to nearest cross street). °
f. ALL underground facilities with size, location and N
ownership based on a search of available records.
This is required for the full right-of-way width for lines
going in the general direction of the street and for the a
length of the trench for excavations generally
perpendicular to the street.
g. Such other Information as the Director of Public °
Works may require.
a
No plats shall be reaulred when excavations or encroachments are made for
service connections or for locating or repalrina existing underground d
Installations. E
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E. Applicant must show legal authority to occupy and use the street, or a
sidewalk wherein the excavation/encroachment is proposed to be made.
F. It is unlawful for any person to make any excavation,install or maintain any
tank, pipe, conduit,duct,or tunnel, in or under the surface of any street, or
sidewalk or public place, at any location other than that described in the
application,and shown on the plats filed by such person. Any deviation in
location necessitated by actual field conditions shall be corrected on the
final plats and submitted to the Director of Public Works as the AS
[Rev.June 14,2012] 12-8
Packet Pg. 1274
CONSTRUCTED plats.
G. The Director of Public Works may require site survey in order to insure
accurate location of facilities as deemed necessary to insure compliance
with this section.
H. Those performing the work shall have a valid current City of San
Bernardino business registration and shall list the number thereof on the
application. The job superintendent, as well as the owner's authorized
representative, shall also provide 24 hour emergency telephone numbers
should problems be discovered other than during normal working hours £E
and shall list same on the application.
1. The Director of Public Works may issue vehicle parking permits that allow
encroachment into time limited parking areas for extended work periods. o
See Section 12.03.090.
(Ord.MC-1027,9-8-98;Ord.MC-1004, 10.20-97.) o.
U
12.03.070 Fees.
A. Before a right-of-way excavation/encroachment permit is issued, the
person making the application shall pay the City a non-refundable
right-of-way construction permit fee as established by resolution.
B. Public utilities approved by the Director of Public Works may obtain a
l right-of-way blanket permit for minor work and emergency work.
Applicants shall pay a non-refundable blanket permit fee as established by
resolution. A blanket permit will be valid for TWELVE months from the M
date of issuance.
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Minor work is defined as cable location and repair, constructing, ci
modifying or abandoning individual service connections, maintaining
and/or operating existing facilities, installing protection and electrical m
m
disconnecting equipment, and other equivalent minor work within local a
residential streets and easements. Construction or replacement of new 2
distribution and transmission facilities, work within arterial or collector
roads or highways,or any other activity not construed to be minor work will m
require individual permits.
Emergency work is defined as work necessary to repair damage to
existing facilities and/or reestablish service.
E
Work done under a blanket permit shall not require submittal of
detailed plans as required by Section 12.30.060 unless deemed necessary
by the Director of Public Works. a
C. Other public agencies may obtain a no fee preliminary permit In order to
complete the review process and obtain any permit requirements. Prior to
any work being done under this preliminary permit,the person or contractor
that will perform the work must obtain a right-of-way permit and pay all
associated permit fees and deposits.
D. Applicants obtaining a permit for the purpose of Installing sewer laterals
[Rev.June 14,20121 12-9
Packet Pg. 1275
7.I.b
and making connection to existing sewer lines will need to provide
evidence (receipts) to the Director of Public Works showing that Sewer
Capacity Fees (paid to the Water Department) and Sewer Connection
Fees (paid to the Community Development Department) have been paid
for the property being connected.
(Ord. MC-1027, 9-8-98.)
12.03.080 [Intentionally Left Blank]
12.03.090 Encroachment for Lane Closure. "
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A. Closure of traffic lanes on arterial and collector streets as designated in the E
City's General Plan Circulation Element shall be avoided between the m
morning and evening peak hours to accommodate traffic operations. E
Generally, the period from 7:00 am to 8:30 am constitutes the morning m
peak and the period from 3:30 pm to 5:30 pm constitutes the evening peak.
Peak flow need only be addressed weekdays (Monday through Friday). _
21
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B. Permits shall be required for excavations/encroachments that will occur at 2
the places and times specified in Paragraph A and shall be assessed an
additional fee, as determined by resolution, for each day of the closure or
operation.
C. Emergency closures shall not require an encroachment permit. The
owner/contractor completing the work shall notify the Director of Public
Works immediately by telephone or telecopier or in person of such r
emergency closures. As used in this section emergency means an actual,
threatened, or anticipated incident or situation which seriously threatens
the public health and safety. In the event such emergency closures
present a hazard or serious impact on the travelling public, the
owner/contractor shall pay the City actual costs for traffic control officers, N
personnel or equipment dispatched to correct the traffic disruption. These
actual costs shall be over and above any blanket permit, lane closure or m
after the fact permit issued. a
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D. All traffic lane closures shall follow the advance warning and safety signing
as required by the WATCH manual or other approved traffic control w
manual. Failure to comply with this section shall constitute sufficient
grounds for the City to issue a stop work order.
c
E. Projects involving the use of"Rule 20"funds or being done at the request
of the City in relation to other ongoing City projects are exempt from the u
provisions of this section. =°•
a
12.03.100 Inspection and Plan Review - Deposit.
A. Before excavation/encroachment permits are issued, a deposit to coverthe
estimated cost of the inspection, plan review and repair/replacement costs
shall be paid to the City. Franchise holders who have repair/replacement
language within the franchise agreement or who have previously
undertaken all repaidreplacement obligations need only provide inspection
and plan review fees. Both inspection and plan review will be charged as
[Rev.June 14,20121 12-10
Packet Pg. 1276
a percentage of the estimated construction cost with a minimum basic fee
to cover administrative costs associated with the permit and plan
review/inspections. Public utilities performing work under a blanket
permit, in lieu of providing the Inspection and plan review deposit, shall be
billed quarterly for costs based on construction activities and plan reviews
conducted for the public utilities, by the City, in public rights-of-way and
public places.
B. Plan reviews shall be submitted to the Department of Development
Services for review and comment. Two (2) plans shall be submitted and
no permits shall be issued or construction started,until the plan review has E
been completed and plans approved. v
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C. No portion of the deposit for repair/replacement costs shall be returned w
until all work has been satisfactorily completed and all markings, signs, o
conduits and systems are returned to working order or replaced In kind. u
This shall also Include the removal of pavement markings made to locate n
underground utilities and facilities and used by the contractor for 0
construction purposes. The street shall be returned to a condition that
reflects no evidence of the construction activities. Depending on the
location of and direction of the excavation, the contractor may be required
to pave to limits of 2 feet each side of the trench,from the curb to the first
lane line, a full lane width, a full half street section or the entire street
section should the trench be skewed or impact both sides of the street.
Surface treatments such as chip seal,slurry seal may be considered based
> on the condition of the street and area of the patch.
(Ord. MC-1027,9-8-98;Ord. MC-1004,10-20-97.) uS
12.03.110 Bonds, Insurance, Deposits.
0
A. Except as provided in the Streets and Highways Code Section 1468,
before an excavation/encroachment permit is issued, a deposit in an
amount of the estimated construction cost,as determined by the Director of o
Public Works, shall be paid to the City for damages and as indemnity for a
any damages, which may be caused by the permitted excavation or m
obstruction; or in lieu of such deposit, post security in a form approved by
the City Attorney. Security shall indemnify the City for any damages and
shall be further conditioned upon the compliance by the applicant with all y
provisions of this Chapter. Such deposit or security shall be for 100
percent of the estimated construction cost,as determined bythe Director of
Public Works, to guarantee faithful performance of all work, in a manner
satisfactory to the City, and that all materials and workmanship will be free E
from original or developed defects. The depositor security will remain in
effect until the end of all warranty periods set forth in this Chapter.
Changes in the work or extensions of time, shall in no way release the a
applicant or surety from Its obligations.
B. Applicant shall furnish to the City a policy or certificate of liability Insurance
In which the City is the named insured or Is named as an additional insured
with the applicant. Franchised utilities doing work with their own forces
\ shall not be required to submit insurance certifications or policies.
Notwithstanding any inconsistent statement in the policy or any
(Rev.June 14,20121 12-11
I
have the burden of proving that they did not build or improve for the
purpose of sale.
D. Notwithstanding any provision in this Chapter to the contrary,a contractor
who has been awarded a competitive bid by the City for a public project
involving street excavation or cutting shall not be required to file a bond or
special deposit under Section 12.03.110 to cover the cost of repairing or
replacement of street surface excavated or damaged, provided that the
contractor's bid documents or contract require that they perform such
street repair or replacement as a part of the awarded project and that they v
so perform in a manner satisfactory to the Director of Public Works and in E
accordance with all provisions of this Section.
E
E. An agreement between the Redevelopment Agency and the City in a form a
satisfactory to the City Attorney unconditionally providing and o
guaranteeing that the agency provide and pay for those U
excavations/encroachments and other costs required pursuant to the o
provisions of this Section may be filed with the Director of Public Works as .�
security in lieu of the bond, cash or certificate of deposit whenever the E
excavations/encroachments are located in a redevelopment project area
and the agreement recites that the excavations/encroachments are in
compliance with the redevelopment plan for the area and in furtherance of n
the public interest in promoting public or private development.
(Ord. MC-1027,9-8-98;Ord. MC-1004,10-20-97.)
12.03.120 Notifications and Guldellnes. r
N.r �
A. Twenty-four (24) hours prior to commencing any work within any public
right-of-way or public place, the applicant shall notify the Department of
Public Works to arrange for inspection service. All work shall be o
performed under the inspection and authority of the Director of Public
Works or their authorized representative and shall comply with this Chapter y
and the policy concerning excavations/encroachments.
a
B. It is unlawful for any person to make any excavations in any street or m
sidewalk without maintaining safe crossings for vehicle traffic at all street
intersections, alleys, and private driveways, and safe crossing for d
pedestrians at intervals of not more than three hundred feet.
v
If any excavation is made across any street or alley, at least one
safe crossing shall be maintained at all times for vehicles and pedestrians.
E
Free access must be provided and maintained to all fire hydrants
and water valves.
(Ord.MC-1027,9-8.98;Ord, MC-1004, 10-20-97.) <
12.03.130 Completion of Work and Non-Conforming Work.
A. After work under the permit is commenced,the applicant shall perform the
work with due diligence, and so as not to obstruct any street, alley,
sidewalk or public place, or travel thereon more than is actually
�) necessary. If the work is not so performed, or 4 the work does not, in the
[Rev. June 14,2012] 12-13
Padket Pg. 1276
judgement of the Director of Public Works, comply with the terms of this
Chapter, the Director of Public Works shall notify the applicant, in writing,
that the work is not performed with due diligence, or that the work has
not been properly done, and require the applicant, within three days after
service of such notice, to diligently proceed with said work or properly
complete the same. If the applicant fails to comply with such notice, the
Director of Public Works shall do whatever work is necessary to restore the
street, alley, sidewalk or public place to the same condition as existed
before work began.
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The applicant shall be responsible for all costs incurred by the City £
n
in the restoration and enforcement actions pursuant to this Section. v
(Ord.MC-1027,9-8-98; Ord. MC-1004, 10-20-97.) F
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12.03.140 Warranty of Work-Notice-Repair by City. n
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A. The applicant shall warrantee the fitness of all work for the period of one a
year,or as specified in franchise agreements, after completion of said work
against all defects in workmanship or materials. Whenever within said 3
period of one year any pubic improvement so warranted becomes in need
of repairs, by reason of any defect in workmanship or material,the Director
of Public Works shall serve on the applicant written notice stating what
repairs are necessary and requiring such repairs to be made within three
days after receipt of said notice. If the applicant fails to comply with such
notice,the Director of Public Works shall proceed to make such repairs.
The applicant shall be responsible for all costs including materials,
labor and administration necessary to repair or replace defective work.
Such funds shall be withheld from the bonds or security deposit submitted
by the applicant until reimbursement is made or other acceptable c
arrangement for payment has been established. N
(Ord. MC-1027,9-8-98; Ord. MC-1004, 10-20-97.)
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12.03.150 Abandonment of Facilities. a0
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A. When abandonment of existing facilities is contemplated, the utility shall F
make every effort to utilize the current alignment and location for the a
proposed new facilities thereby preserving the available right-of-way. In y
the event this is impractical or technically infeasible, the owner/user shall d
be responsible for the removal of the abandoned facility.
B. Abandoned facilities may be removed when new facilities are installed or c
may be deferred until such time as the abandoned facility conflicts with £
proposed new development or the installation of any new facilities. The
owner shall coordinate the removal and disposal of the abandoned
facilities with the contractor making the new improvements. The owner a
shall be fully responsible for the disposal of the ducts, conduits,
conductors,pipes,fittings and all other portions of the abandoned work and
for any hazardous materials that may be present in any of the abandoned
facilities. Should contamination be evident in the surrounding soils, the
owner shall investigate and mitigate the contamination.
C. The owner shall maintain records of such abandoned facilities and shall
[Rev.June 14,2012) 12-14
cket Pg. 1279
show such abandoned facilities on any requests to locate facilities when
there is a reasonable expectation of conflict with the proposed
construction. Such facilities shall be clearly designated as abandoned
and upon request the owner shall supply information on the material
present.
12.03.160 Permit Expiration.
A. If after a permit has been issued pursuant to this Chapter,and construction
has not commenced within sixty days after the date thereof or other date d
set forth in the permit, then such permit shall become void. Before work E
commences the applicant must obtain a new permit and pay the usual fee.
Applicant may request, in writing, that the Director of Public Works extend E
the permit time but such requests shall be made prior to the 60 day a
expiration date. The request shall state the reasons for the extension,the o
duration of the extension request and shall provide justification for not U
beginning the work within the first 60 days. v
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Deposits made on the value of the work may be released upon 3
request of the applicant after the applicant submits evidence of the proper
completion of the work or evidence that the permit terminated prior to the
commencement of the work. Fees for plan review and Inspections
performed will not be reimbursed nor applied to resubmittal for a permit for
the same area. n
l B. Preliminary permits that have been issued to a public agency under the r
provisions of this Chapter but for which an Excavation/Encroachment
permit has not been issued or work commenced within one (1) year of
Issuance of the Preliminary Permit, or other date set forth on the permit,
shall become void. Resubmittal of the preliminary permit will be required
to reactivate the process. N
m
C. Permits for encroachments into the public right-of-way shall not be granted rn
for any period longer than thirty days. a
(Ord. MC-1027,9-8-98; Ord,MC-1004, 10-20-97.) _w
12.03.170 Violation-Penalty v
d
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A. Any person violating any provision of this Chapter is guilty of a 'm
misdemeanor, which upon conviction thereof is punishable in accordance
with the provisions of Section 1.12.010 of this Code. The enforcement of
the penal provisions in this Section shall not bar the City from pursuing any £
other remedies permitted by law.
(Ord. MC-1004, 10-20.97)
Chapter 12.04
(Repealed by MC-1004, 10-20-97)
Chapter 12.08
(Repealed by MC-1004, 10.20-97)
[Rev.June 14,2012] 12--15
Packet Pg. 1280
7.I.b
Common Council may thereafter, in accordance with the improvement act
specified or designated for the project, adopt a resolution or ordinance
ordering the Improvement substantially as proposed, or as modified,
altered or changed by order of the Mayor and Common Council as
authorized by the improvement act for the project.
C. After such finding and determination by the Mayor and Common Council,
the provisions of law for debt limitation and majority protest as mentioned In
Article XIII, Section 17, of the Constitution shall not apply.
(Ord.2063 §5, 1953.)
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12.28.060 Permit required. E
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It is unlawful for any person, firm or corporation to grade, prepare, E
subgrade, pave, lay sewer or drain pipe, construct curbs, gutters, driveways, a
sidewalks, manholes, catch basins, retaining walls, traffic signals, street lighting o
systems, or similar structures in any street, alley or way,which street,alley or way L)
is dedicated or proposed to be dedicated for public use,within the City,without first a
obtaining a written permit from the City to do so. No such permit shall be issued
for use of quarry tile or ceramic tile for such improvements, but permission maybe
granted for use of patterned concrete in such sidewalks, street medians and
parkways. The Director of Public Works may establish a standard color for
patterned concrete to be placed in sidewalks, street medians and parkways on
public developments, but the developer shall have the right to choose the color if
the improvements are being made by a private developer. (Ord. MC-1027, 9.8-98;
Ord.MC-460, 5-13-85;Ord. MC-320, 12-5-83;Ord. 3918§t, 1980; Ord.2519, 1963;Ord.
1 1963§1, 1952.) (City Attorney Opinion No. 90-15) '?
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12.28.070 Written application required.
M
Any person, firm or corporation desiring a permit under this Chapter shall o
present a written application therefor to the City Engineer, setting forth the name
and address of the applicant, details concerning the location, nature and extent of
construction intended to be made,and the purpose for which the construction is to
be made and used. (Ord. 1963§2, 1952.) (City Attorney Opinion No. 90-15) a
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12.28.080 Fees required.
a
For construction, repair and alteration of sidewalks, curbs, gutters, m
driveways, subgrades and pavements, manholes, catch basins, retaining walls,
traffic signals, street lighting systems, and other structures, and for excavating,
laying and backfilling sewers and drainage pipe lines, concerning which c
specifications, lines and grades therefor shall be determined by the City Engineer, E
charges for inspections and construction staking shall be based upon a schedule
of fees fixed by resolution duly adopted by the Mayor and Common Council after
the conclusion of a public hearing relating thereto. (Ord. 3918§2, 1980; Ord. 3432
(part), 1974; Ord. 1963§3, 1952.) (City Attomey Opinion No. 90-15)
12.28.090 Plan fees.
Charges shall be made by the City Engineer and paid by the applicant for
checking improvement plans relating to street projects, except as otherwise
provided in Title 18, based upon a schedule of fees fixed by resolution duly
(Rev.June 14,2012] 12-21
Packet Pg. 1281
Chapter 12.30
SIGHT DISTANCE REQUIREMENT
Sections:
12.30.010 Definitions. u
12.30.020 Provision of Sight Distance.
12.30.030 Obstructions. E
12.30.040 Existing Obstructions. m
12.30.050 Street Trees. E
12.30.060 Violation- Penalty. 4
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12.30.010 Definitions. �j
M
A. "Director of Public Works" as used in this Chapter includes any authorized E
representative of said director. 2
B. "Traffic Engineer" as used in this Chapter includes any authorized
representative of the City's Traffic Engineer.
C. "Sight restriction" as used in this Chapter includes any obstruction to a n
driver's line of sight.
D. "Sight triangle" as used in this Chapter means the area in which no sight ,,;
restrictions are allowed.
(Ord. MC-1027,9-8-98; Ord. MC-783, 5-6-91.)
0
12.30.020 Provision of Sight Distance. N
Sufficient sight distance shall be provided at all intersections to allow
approaching vehicles to stop before colliding with a vehicle on an intersecting a
street. No obstructions that create a sight restriction shall be permitted within the m
clear sight triangle, as shown on the Standard Drawing(s) for Sight Distance F
Requirements incorporated into the Traffic Policy Paper promulgated from time to v
time by the Department of Development Services and on file with the City Clerk. u°
(Ord.MC-1027,9-8-98;Ord.MC-783, 5-6-91.) >>
C
12.30.030 Obstructions.
E
Obstructions shall include any objectextending more than two and one-half
(2%z')feet above the pavement, at the curblines of the Intersecting streets, such as
trees, shrubs, fences, walls, newspaper racks, utility facilities, bus shelters, etc. a
Trees, trimmed to a minimum height of eight (6) feet above ground, traffic signal
and street light poles, shall not be considered as obstructions, unless a finding is
made by the Traffic Engineer that they constitute a sight restriction based on the
size, trunk diameter, number in a small area, or number in a row. Legally parked
motor vehicles shall not constitute an Obstruction. (Ord. MC-783,5-6-91.)
12.30.040 Existing Obstructions.
[Rev.June 14,20121 12-23
2. Where the grade of the street is established along the property line:
a. The grade of the street along the property line shall be a
straight line drawn between described points;
b. The grade at the curbline at right angles to the property line
shall be lower than the grade at the properly line at the rate
of one quarter of an inch per foot of distance between the
curbline and the property line. w
c
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3. The grade of the sidewalk shall be a straight line drawn between the Ea
grade at the curbline and the grade at the property line taken at right
angles with either curbline or property line. E
B. The grade of the roadway taken at right angles to the curb-line shall °o
conform to a curved line which shall be a parabola intersecting gutter lines U
on each side or roadway and centerline of street. 6
U
C. The grade of the street at the gutter line shall be ten inches belowthe grade 3
atthe curbline.
D. Unless it clearly appears to the contrary, the grade of all streets heretofore
established shall be construed to have been established in accordance
with the grades hereby established, and all ordinances establishing the
grades of any street in the City subsequently adopted by the Mayor and
Common Council of the City shall be deemed to have been passed and r
adopted in the light of this section, and the grades of any such street shall ui
be deemed established along and across any such street in accordance
with the provisions of this section unless a contrary intention clearly
appears. o
(Ord. 1301, 1926; Ord.821 §402, 1926,) cli
12.36.030 Construction of buildings below street grade unlawful.
a
It is unlawful to erect, build or construct any building, structure or d
improvement within the City below the established grade of the street except as F
follows: that in the event the Building Official determines by reason of mountains, d
hills or other topography that it is Impractical to conform to this requirement,then, y
the Building Official may grant an exception permitting the construction of buildings d
and structures below established grade. (Ord.2265, 1959;Ord. 1900§1, 1950.)
c
12.36.040 Violation of Section 12.36.030-Penalty. E
E
U
Any person, firm or corporation violating any provisions of Section 12.36.030 is 14
guilty of a misdemeanor, which upon conviction thereof is punishable in a
accordance with Section 1.12.010 of this Code. (Ord.MC-460,5-13-85;Ord. 1900§2,
1950.)
[Rev.June 14,2012] 12_28
Packet Pg. 1283
7.Lb
l (2Y:')feet above the pavement at the curblines of the intersecting streets,
except that trees with main stalks or trunks exposed to a height of eight(8')
feet above the ground need not be trimmed or cut, unless directed to do so
by the Director of Public Works.
B. It is unlawful for any owner or occupant of any premises in the City to
permit, keep, or maintain hedges, shrubs, or any growth over two (2')feet
in height within a distance of six(6')feet from the property line at any point
within six(6')feet of a driveway,except thattrees with main stalks or trunks
exposed to a height of eight(8')feet above the ground need not be trimmed d
or cut unless the trees are determined to constitute a sight restriction to the v
Director of Public Works. `m
(Ord. MC-1027, 9-8-98; Ord. MC-783, 5-6-91; Ord. MC-344, 2-20-84; Ord. MC-325, E
12.5.83;Ord. 2273(part), 1959;Ord. 1655§6(h), 1941.) C
m
a
12.40.130 Duty of property owner and abatement of nuisance. °
U
m
A. The owner or occupant described in Sections 12.40.110 and 12.40.120 a
and other property owners fronting any street, sidewalk, parkway, lane, 2
alley, park or other public place shall water, keep, maintain and permit
trees, hedges, shrubs or any other growth located thereon In accordance
with this Chapter and other ordinances of the City or rules and regulations n
of the Director of Public Services. _
B. Any tree, shrub or palm growing on any parkway or sidewalk which Is
damaged in violation of Section 12.40.110 or any growth of any tree,shrub,
or hedge or other vegetation which is in excess of the height limits set forth
in Section 12.40.120, unless otherwise permitted by the Traffic Engineer, Is
hereby declared a public nuisance, the removal of which is necessary to
protect the health and safely of the City's inhabitants. The Director of o
Public Works may find and declare the same to be a public nuisance, may N
order abatement thereof in accordance with the procedure set for
N
abatement pursuant to Chapter 8.30, and may assess costs for the rn
abatement pursuant to Chapter 3.68 of this Code (Ord. MC-1027, 9-8-98; a
Ord. MC-783, 5-8-91; Ord. MC-344, 2.20.84; Ord. MC-325, 12-5-83; Ord. 2273 m
(part) 1959;Ord. 1655§6(1), 1941.) a
P
12.40.140 Violation-Penalty. m
d
Any person violating any provision of this Chapter Is guilty of an infraction, r
which upon conviction thereof is punishable in accordance with the provisions,of
Section 1.12.010 of this Code. (Ord MC-460,5-13-B5;Ord.MC-325, 12-5-83;Ord. 1885
§§1,2, 1952.) E E
U
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[Rev.June 14,20121 12_32
Packet Pg. 1284
J D. Faithful Performance Bond. To ensure cleanup and restoration of the site,
an applicant may be required to post a refundable faithful performance
bond in an amount to be deterrnined at the time the application is
submitted. Upon completion of the filming activity and inspection of the
site by the City, the bond may be returned to applicant.
E. Waiver or Modification. The provisions of this section may be waived or
modified by the City Administrator if he or she finds that the proposed
activity involves minimal or no risk to persons or property so as to warrant a
waiver or reduction in insurance requirements. `m
(Ord. MC-746, 10-15-90; Ord. MC-466, 7-15-85.) v
12.64.090. Violations. E
A. If a person violates any provision of this Chapter or a permit issued v
pursuant thereto, the City Administrator may forthwith suspend or revoke cod
the permit.
a
u
B. Any person violating any provision of this Chapter is guilty of an infraction, 2
which upon conviction thereof, is punishable in accordance with the g
provisions of Section 1.12.010, Subsection B,of this Code.
(Ord.MC-746, 10-15-90; Ord. MC-466, 7-15-85.) °nr'
12.64.100 Designated officer. n
' l The City Manager is designated as the officer to process each application
under the provisions of this Chapter. The City Manager, or his or her designee,
shall coordinate any matters involving investigation or determination affecting the
granting of a permit, and, after the granting of any permit, shall coordinate all City
officers and services to provide such assistance in the filming as is reasonable o
under the circumstances. To effectuate the purposes of this Chapter, the City N
Manager shall have authority to waive any time limits otherwise applicable under
the San Bernardino Municipal Code, to approve temporary street closings, and to rn
Issue such othertemporary permits as the Mayor and Common Council could do if a
time were available for submission of such matters to the Mayor and Common
Council.(Ord.MC-466, 7-15-85.)
a
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t
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2
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Chapter 12.68
PARK AND SCHOOL GROUNDS'
117or statutory provisions on municipal regulation of parks,see Pub. Res.Code §5181 et
seq.
[Rev. June 14,2012] 12-48
PacketPg.-1285
7.I.b
staff, facility, equipment or building;
9. If the permit applied for is for the purposes of holding classes or
courses of instruction or activity on City property for fees for any
program not approved, sponsored or sanctioned by the City's
Department of Parks and Recreation;
10. That the applicant has failed to comply with any conditions imposed
on any prior permits issued pursuant to the provisions of this
Chapter;
11. If the requirements of this Chapter and all other laws are not met. E
M
B. The Director shall specify in writing the grounds for the denial of the permit. `w
(Ord. 3525(part), 1975; Ord. 3326 §7, 1973.) E
v
12.80.090 Right of appeal of denial of permit or conditions imposed on o
issuance of permit. u
Fa
a
A. The applicant may appeal the denial of a permit, or conditions imposed .2
upon the issuance of a permit, by the director, to the City Manager.
B. The applicant must file the appeal with the City Manager within five days of
the Directors mailing of such decision. The City Manager shall hold a
hearing within three days of the filing of the appeal, at the office of the City
Manager, at which time the applicant may present any and all evidence,
testimony, and information relevant to the application.
N
C. In the case of a denial of a permit, the City Manager shall, within
twenty-four hours of the appeal hearing, issue his decision, either affirming
the denial of the application, or directing the Director of Parks and
Recreation to issue the permit as applied for, subject to reasonable terms
and conditions. When the appeal is taken on the conditions imposed by v
the Director of Parks and Recreation, the City Manager shall within
twenty-four hours of the hearing, issue his decision either affirming the a
conditions imposed or directing the Director to issue the permit with .2
amended conditions,
v
d
D. The decision of the City Manager shall be final and binding; provided, that
the Mayor and Common Council reserves the power to overrule or modify 0:
such decision and to issue or deny the permit. c
(Ord. 3326§8, 1973.) E
L
12.80.100 Fees and deposits.
a
A. Upon granting of a permit under this Chapter, any fees or deposits required
for the use of City personnel, parks, buildings, equipment, and facilities
shall be paid by the applicant to the Director no later than three working
days before the date the activity is to be held. If the fees or deposits are
not paid on or by the third day before the activity is to be held, the permit
theretofore issued shall be null and void; provided, that the Director upon
showing of good cause may permit payment at any time prior to the
[Rev.Jum 14,2012] 12-57
Packet Pg. 1286
" NO;N
»<
1r
12.84.400 Maturity of bonds.
The full amount of the bonds may be divided into two or more series and
different dates fixed for the bonds of each series. The maximum term which the
bonds of any series shall run before maturity shall not exceed forty years from the
date of the series. (Ord.3589§8(b), 1976.)
12.84.410 Annual assessments.
c
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The annual assessment provided for in the 1951 Act shall be computed on E
the basis of the formula set forth in the resolution of intention to form the district as
originally adopted or as modified by subsequent change and modification or other QE
proceedings conducted pursuant to this Chapter or any other law, and the
limitations upon the rate or period thereof provided in the Act shall not apply. If the o
assessed value of any parcel of property does not appear on the tax roll, an u
estimated assessed value of such parcel shall be made by the Director of Public a
Works in consultation with the County Assessor, and such estimate shall for .�
purposes of such ad valorem assessment he considered the assessed value of E
such parcel.
m
A. Supplemental Advances and Levies. The provisions of Sections 8800 to �
8809, inclusive, of the Streets and Highways Code of the state shall apply
to assessments levied hereunder if so stated in the resolution of intention.
B. Additional Collection Provisions. The provisions of Sections 8680 to 8688,
inclusive,and 8830 to 8835, inclusive,of the Streets and Highways Code of
the state shall apply to assessments levied hereunder.
C. Charges. The Mayor and Common Councilor the Parking Commission of
the City, as the case may be, may by resolution prescribe, revise and N
collect fees, tolls, rates, rentals and other charges (other than special
assessments), including but not necessarily limited to service charges and
standby charges for services or facilities furnished by the district, charges a
for the availability of the facilities of the district regardless of whether the w
facilities are used or not, and minimum charges. Such charges shall be
payable on a uniform and equitable basis by the owner of the property to
which the facilities of the district are available, including the owners of
publicly owned property.Any delinquent charges and all penalties thereon
when recorded as hereinafter provided shall constitute a lien on the real
property to which the facilities of the district are available (except that no
such lien shall be created against any publicly owned property), and such E
lien shall continue until the charge and all penalties thereon are fully paid or m
the property sold therefor. All remedies provided for collection of due and
unpaid charges which are provided in the Revenue Bond Law of 1941 of a
the state may be exercised to enforce payment of any charges levied under
this article. A resolution prescribing or revising such charges shall not be
adopted until the Mayor and Common Council or the Commission, as the
case may be, has given notice of and held a hearing thereon substantially
as provided in Section 54354.5 of the Government Code, being part of the
l Revenue Bond Law of 1941. Any assessment levied against any parcel of
real property pursuant to this Article which is held by any court of
[Rev.June 14,2012) 12-74
cket Pg,1287
"funds of the City which are attributable to the district" includes without
limitation,grants from other governmental agencies to the City on behalf of
the improvement district or revenues raised by operation of the facilities
constructed under this Chapter within the improvement district.
(Ord.3589§9(z), 1976.)
12.84.730 Annual assessments.
The annual assessment provided for in this Article shall be computed on
the basis of the formula set forth in the resolution of intention to form the district as
originally adopted or as modified by subsequent change and modification or other a
proceedings conducted pursuant to this Chapter or any other law, and shall be
without limitation upon the rate or period thereof. If the assessed value of any
parcel of property does not appear on the tax roll, an estimated assessed value of a
such parcel shall be made by the Director of Public Works in consultation with the o
County Assessor, and such estimate shall for purposes of such ad valorem 0
assessment be considered the assessed value of such parcel. o
u
A. Supplemental Advances and Levies. The provisions of Sections 8800 to
8809,inclusive of the Streets and Highways Code of the state shall applyto g
assessments levied hereunder.
m
r
r
B. Additional Collection Provision. The provisions of Sections 8680 to 8688,
inclusive,and 8830 to 8835,Inclusive,of the Streets and Highways Code of
the state shall apply to assessments levied hereunder.
C. Charges. Should the Mayor and Common Council determine to prescribe,
revise and collect fees, tolls, rates, rentals and other charges (other than
special assessments), including but not necessarily limited to service
charges and standby or maximum charges for services or facilities c
furnished by the district, charges for the availability of the facilities of the N
district regardless of whether the facilities are used or not, the same shall
be done by resolution. Such charges shall be payable on a uniform and o
equitable basis by the owner of the property to which the facilities of the a
district are avail-able, including the owners of publicly owned property. d
Any delinquent charges and all penalties thereon when recorded as
hereinafter provided shall constitute a lion on the real property to which the
facilities of the district are available (except that no such lien shall be
created against any publicly owned property), and such lien shall continue r
until the charge and all penalties thereon are fully paid or the property sold
therefor. All remedies provided for collection of due and unpaid charges
which are provided in the Revenue Bond Law of 1941 of the state P
(commencing with Government Code Section 54300)may be exercised to 0
enforce payment of such charges shall not be adopted until the Mayor and
Common Council have given notice of and held a hearing thereon a
substantially as provided in Section 54354.5 of the Government Code,
being part of the Revenue Bond Law of 1941.
(Ord. MC-1027,9-8-98;Ord. 3603(part), 1976; Ord.3589§9(aa), 1976.)
12.84.740 Exemption of residential property.
Should there be included in the district properly used for residential
[Rev.June 14,2012] 12-84
Packet Pg. 1288'
district,as shown by the diagram map,the benefits arising from such work,
and to be received by each such lot or parcel of land. He shall thereupon
prepare an assessment roll for submission to the Mayor and Common
Council for confirmation by resolution, which assesses upon and against
the lands in the assessment district the total amount of the costs and
expenses of such work and/or the cost of management, administration,
maintenance or operation of the improvement,if any,for the first year or for
the term of the assessment. Such roll shall assess the total sum upon the
several lots or parcels of land in the assessment district benefited thereby,
in proportion to the estimated benefits to be received by each of the several m
lots or parcels of land within the district or within each zone included in the E
district, if any.
E
B. Method of determining the assessment benefit.The method of determining
the assessment benefit to be received by each of the said several lots or o
parcels of land within the district and/or zone shall be set forth In the U
resolution of Intention, which may include but shall not be limited to, land a
area,assessed valuation of real property, assessed valuation of land only
or number of lots or parcels. E
C. Assessment computation. The annual assessment provided for in this
section shall be computed on the basis of the formula set forth in the
resolution of intention originally adopted or as modified by subsequent
change and modification or other proceedings conducted pursuant to this
Chapter orany other law,and the limitations upon the rate or period thereof
provided in the Act (as defined in Section 12.90.040 Subsection B,
Paragraph 11) shall not apply. If the assessed value of any parcel of u
property does not appear on the tax roll, an estimated assessed value of
such parcel shall be made by the Director of Public Works In consultation
with the County Assessor,and such estimate shall for purposes of such ad
valorem assessment be considered the assessed value of such parcel. N
N
D. Subsequent year assessments. Except as otherwise provided by the a
issuance of bonds, the cost for the improvement and/or acquisition or a
management, administration. maintenance or operation of the m
improvement, if any, for any subsequent fiscal year during which an
assessment is to be levied and collected within the assessment district d
pursuant to this Chapter, shall be accomplished by preparing an y
assessment roll for submission to the Mayor and Common Council for
confirmation by resolution for each fiscal year in which the assessment is to
be levied and collected, and shall constitute the levy of an assessment for
the fiscal year referred to in the assessment.When a bond issue funds the E
casts involved, such assessments shall be levied and collected as v
specified in the bond-authorizing resolution or ordinance.
(Ord. MC-1027,9-8-98;Ord. MC-150,4-5-82.) Q
12.90.100 Engineer's report.
Prior to or at the time of the adoption of the resolution of intention, the
engineer shall file a report with the City Clerk.When the report is filed with the City
Clerk, the City Clerk shall present it to the Mayor and Common Council for
consideration.The Mayor and Common Council may modify it in any respect.The
[Rev.June 14,20121 12-95
Packet Pg. 1289...
s
belonging to any county, City, public agency, school board, educational,
penal or reform institution or institution for the feeble minded or the insane
shall be assessed in accordance with the provisions of Sections 5300
through 5325, inclusive, of the Streets and Highways Code.
F. Termination upon determination of no benefit. If the Mayor and Common
Council find and determine that the area proposed to constitute the
assessment district will not be benefited thereby the Mayor and Common
Council shall terminate the proceedings.
v
G. Effective date; effect of determinations in resolution; limitation on actions. E
v
From and after the date the Mayor and Common Council adopt the w
resolution of intention, the area named therein shall constitute the E
assessment district within the City bearing the name set forth in the
resolution. The determinations made in the resolution forming the o
assessment district shall be final and conclusive. No action or proceeding u
to attack, review, set aside, or void the resolution, or any of the a
proceedings, acts or determinations theretofore taken, done, or made
pursuant to this Chapter, shall be maintained by any person unless such E
action or proceeding Is commenced within thirty days after the adoption of
such resolution. Thereafter, all such actions or proceedings, and any
defense of Invalidity of such resolution or of such proceedings, acts or n
determinations,are forever barred.
H. Disposition of property. The Mayor and Common Council, subject to the
provisions of the City Charter, may determine that any parcel of property
acquired from the proceeds of the assessment district or any
improvements, extensions or replacements thereof or additions thereto, M
are no longer needed for the purpose of the assessment district or such
facilities may be otherwise better provided. Subject to the provisions of
the City Charters and restrictions In the resolution providing for the N
issuance of any outstanding bonds,if any, relating to the facilities involved,
the property may thereafter be sold, leased or otherwise disposed of,either rn
during or after the term of the assessment or bonds and the proceeds a
placed in a fund as designated by the Mayor and Common Council and d
used for the benefit of the assessment district.
v
d
I. Assessment roll. Except as otherwise provided by the issuance of bonds,
the assessment roll shall state the amount to be assessed upon each lot or
parcel of land within the district and shall refer to said lots or parcels of land
by their respective County Assessor's parcel number as shown on the last m
equalized County assessment roll,and shall refer to the fiscal year to which E
it applies,and shall upon Its confirmation be filed in the office of the Director v
of Public Works. When a bond Issue funds the costs involved, such
assessment roll procedures as are provided for in the bond-authorizing a
resolution or ordinance shall prevail.
J. Assessment diagram map. Prior to the confirmation of the assessment roll
by the Mayor and Common Council, the Engineer shall file with the City
Clerk and the Director of Public Works an assessment diagram map.
Upon the confirmation of the assessment roll,the City Clerk shall record a
notice of assessment, as provided in Streets and Highways Code Section
[Rev.June 14,2012] 12_97
Packet Pg. 1290
B. This Chapter shall apply to property fronting on,or otherwise adjacent to,or
in conjunction with any street,arterial or collector street section.
C. This Chapter shall apply to driveway construction, reconstruction, or
removal and curb infill in front of a vacant lot, unimproved property, or
where an existing driveway no longer serves any development on a lot or
property.
N
D. Definitions.
E
v
As used in this Chapter: m
E
1. "Sidewalks or curbs" includes gutters, driveways, pavement to the a
center line of the street,full pavement in alleys, storm and sanitary o
drainage facilities, water mains, pipes, conduits, tunnels, hydrants, U
and other necessary works and appliances for providing water O
service, paving to provide a parking lane on arterial or collector
street sections, parkway trees, and street lighting facilities.
2. "Fronting and facing" means abutting in the case of property
adjoining an alley improvement. In the case of street lighting, in n
determining how much of the front footage of a block has been
Improved, the front footage of property benefiting from existing
_ installations may be included regardless of the side of the street on
\/) which the Installation has been constructed.
N
3. 'Block' means property facing one side of any street between the M
next Intersecting streets or between the terminus of a dedicated
right-of-way of a street and an intersecting street. Street does not
Include an alley or other right-of-way unless it is of same width as a N
regular residential minimum-width street approved as part of a
master plan of circulation or streets by the City. In the case of an rn
alley, block means property facing both sides of any alley between a
the next intersecting streets or alleys,or between the terminus of an w
alley and an Intersecting street. In the case of street lighting, block
means property facing the side of any street on which the a
improvement is to be constructed between the next intersecting
streets on the side to be improved or between the terminus of a
dedicated right-of-way of a street and a street intersecting the side
to be improved; or property facing the side of any street on which
the improvement is to be constructed between the next Intersecting E
streets on the side to be improved or between the terminus of a v
dedicated right of way of a street and a street Intersecting the side M
to be improved and the property facing the opposite side of the a
street.
Where a block exceeds 1,000 feet in length, a length of frontage of
1,000 feet constitutes a block as used in this Chapter, if so
designated by the Director of Public Works. A determination by
the Director of Public Works of such a 1,000-foot block establishes
a block and cannot later be changed to include a portion of said
[Rev.June 14,2012] 12-100
Packet Pg. 1291
7.I.b
-_� 1,000-foot block in another block.
4. "Driveway" means a paved portion of a public street providing an
unobstructed passage from the roadway to an off street area used
for driving, servicing, parking, or otherwise accommodating motor
vehicles.
5. "Cost, construction cost," or variants thereof, means and includes
the actual cost of construction of the work and any incidental or y
administrative expenses. v
E
6. "Superintendent of Streets" means the Director of Public Works of v
the City of San Bernardino or his designee. a
E. This Chapter shall apply to the removal of existing curbs and gutters, and o
construction of new curbs and gutters and fill-in street paving, as required u
to match adjoining curb alignments,for parcels with a frontage of less than o
300 feet. v
(Ord.MC-1027,9-8-98;Ord. MC-691, 12-18.89;Ord. MC-796,7-1-91.) E
12.92.020 Adoption of State Statutes By reference.
r
n_
The rules, regulations and procedures as set forth in Chapters 22,24, and ...
27, of Division 7 of the California Streets and Highways Code,are hereby adopted
.� by reference except as modified by this Chapter. (Ord. Mc-691, 12-18-89.)
12.92.030 Duty to Remove Abandoned Driveways and Reconstruct
Appurtenant Areas.
M
A. When the owners of lots or portions of lots fronting on any portion of a
public street have driveways existing which no longer serve any N
improvements on said lot or parcel of property, the owners shall remove
and eliminate the driveways and construct or reconstruct sidewalks, curbs rn
and parkways In conformance with the remainder of the block. a
m
B. When the Director of Public Works finds any such abandoned driveways,
the Director of Public Works shall notify the owners of the property to
remove the abandoned driveways and to reconstruct the appurtenant
areas. d
(Ord. MC-1027,9-8-98; Ord,MC-691, 12-18-89.) X
c
12.92.035 Removal of Curbs and Gutters. £
E
A. For any lot with a total frontage of less than 300 feet on a public street
where that lot's existing curbs and gutters do not match adjoining sections, a
the owner of such lot shall remove the existing curbs and gutters and other
appurtenant improvements in conflict and shall construct new curbs and
gutters and other appurtenant improvements which are aligned with the
adjoining sections. For comer lots, the parcel on the other side of the
intersecting street shall be considered as an adjoining section.
These improvements will be required only if the existing dedicated
[Rev.June 14,20121 12-101
Packet Pg. 1292
i.l.b
right-of-way for street and highway purposes will accommodate the
relocation of the curbs and gutters, except for minor amounts required to
allow construction of standard handicap ramps at Intersections.
B. When the Director of Public Works finds any such improvements adjoining
any lots or portions of lots, that need to be widened to match adjoining
sections, the Director of Public Works shall notify the owners of the
property to remove the existing improvements and construct new
improvements, in conformance with the remainder of the block.
(Ord. MC-1027,9-8-98;Ord.MC-796, 7-1-91.) w
E
12.92.040 Duty To Maintain and Repair Sidewalks and Curbs. a
v
E
A. The owners of lots or portions of lots fronting on any portion of a public a
street or place when that street or place is improved or if and when the area o
between the property line of the adjacent property and the street line is v
maintained as a park or parking strip,shall maintain any sidewalk and curb a
in such condition that the sidewalk and curb will not endanger persons or .�
property and maintain it in a condition which will not interfere with the public E
convenience in its use.
B. When the Director of Public Services finds any sidewalks or curbs out of
repair or pending reconstruction and in condition to endanger persons or
property or in condition to interfere with the public convenience in its use,
the Director of Public Services shall notify the owners of the property
fronting on that portion of such sidewalk or curb so out of repair,to repair
the sidewalk or curb.
(Ord. MC-1274,7-21.08;Ord. MC-1027,9-8-98;Ord.MC-691, 12-18-89.)
e>"
12.92.050 Duty to Construct. o
A. The owners of lots or portions of lots fronting on any public street or place N
when the street or place has been improved by the construction of rn
sidewalks or curbs for a total frontage of more than fifty percent(50%) on a
one side of such street or place in any block,or where a petition signed by m
the owners of more than sixty (60%)of the front footage of any part of an
unimproved portion or portions of a block has been filed with the City
Clerk requesting the installation of such Improvements in front of said part, y
or whenever the City upon its own motion orders the installation of such m
improvements in front of said part, shall have the duty of constructing or
causing the construction of sidewalks or curbs in front of their properties c
upon notice so to do by the City. £
s
U
B. When the Director of Public Works finds that sidewalks or curbs have been
constructed in front of properties constituting more than fifty percent(50%) a
of the frontage in any block, or where a petition signed by the owners of
more than sixty percent (60%) of the front footage of the block has been
filed with the City Clerk requesting the installation of such improvements,or
whenever the City upon its own motion has ordered the installation of such
Improvements in front of said part,said Director of Public Works shall notify
the owners of the property fronting on that portion of the street in such block
In which no sidewalks or curbs have been constructed theretofore, to
[Rev.June 14,2012] 12-102
Packet Pg. 1293
- construct or cause to be constructed sidewalks or curbs in front of their
property.
(Ord.MC-1027,9-8-98;Ord. MC-691, 12-18-89.)
12.92.060 Service and Contents of Notice.
A. Notice to construct, repair, maintain, remove or reconstruct sidewalks,
curbs or driveways may be given by delivering a written notice personally to
the owner of the property or to the person in possession of the property
facing upon the sidewalks,curbs or driveways to be improved or by mailing d
a written notice to the owner of the property thereof at his last known o
address as appears on the tax assessment rolls of mailing a written notice `m
to the owner of the property thereof at his last known address as appears E
on the tax assessment rolls of the County. Immediately upon mailing the a
notice,the property shall be posted in a conspicuous place. c
0
B. The notice shall particularly specify what work is required to be done, a
where standard construction drawings may be obtained showing how it is
to be done and what materials shall be used in the construction and shall c
further specify that if a permit Is not obtained and the construction is not
commenced within sixty (60) days after notice is given and diligently and
without interruption prosecuted to completion,the Director of Public Works
shall cause the construction to be done,and the cost of the same shall be a
lien on the property.
n
However, upon petition by all of the affected property owners, the 60-day 16
period may be waived and the Director of Public Works may Immediately ui
cause the construction to be done, and the cost of the same shall be a lien
upon the property.
0
C. The notice shall specify the day, hour and place when the Mayor and N
Common Council will hear objections or protests, if any, which may be
raised by any property owner or other interested persons, but in no case o
shall such hearing be sooner than ten (10) days after giving notice. a
Upon the day and hour fixed for the hearing the Mayor and Common d
Council shall hear and pass upon objections or protests and their decision F
shall be final and conclusive. v
a
N
D. If the required improvements are not commenced and prosecuted to d
completion with due diligence as required by the notice, the Director of
Public Works shall forthwith make the required Improvements.
(Ord. MC-1027,9-8-98;Ord. MC-691, 12-18-89,) £
s
U
12.92.070 Hearing and Assessment of Costs.
a
A. Upon the completion of the improvements, the Director of Public Works
shall cause notice of the cost of the Improvements to be given in the
manner specified in Subsection 12.92.060, except for posting, said notice
shall specify the day, hour and place when the Mayor and Common
Council will hear and pass upon a report by the Director of Public Works of
\ the cost of the improvements, together with any objections or protests, if
any, which may be raised by any property owner liable to be assessed for
[Rev.June 14,20121 12-103
Packet Pg. 1294
the cost of such improvements and any other interested persons. In no
case shall the hearing provided for in this section be sooner than ten (10)
days after giving of notice.
B. The cost of the improvements may include administrative expenses
required for the proper coordination and functioning of the improvements in
front of the parcel as determined by the Mayor and Common Council.
C. Upon the day and hour fixed for the hearing the Mayor and Common
Council shall hear and pass upon the report of the Director of Public Works, 5
together with any objections or protests which may be raised by any of the £
owners liable to be assessed for such construction and an other
property Y
interested persons. E
Thereupon the Mayor and Common Council may make such revision, o
correction or modifications in the report as it may deem just, after which, by u
resolution, the report as submitted, or as revised, corrected or modified, n
shall be confirmed. The Mayor and Common Council may adjourn the
hearings from time to time. The decisions of the Mayor and Common
Council on all protests and objections which may be made, shall be final
and conclusive.
D. Upon confirmation of the above report, the Mayor and Common Council
may order the notice of lien to be turned overto the accounting officer of the
City,whereupon it shall be the duty of this officer to have the amount of the
assessment added to the next regular bill for taxes levied against the lot or m
parcel of land. If the City taxes are collected by the county officials, the
notice of lien shall be delivered to the County Auditor, who shall enter the M
amount thereof on the County assessment book opposite the description of
the particular property and the amount shall be collected together with all
other taxes thereon against the property. The notice of lien shall be N
delivered to the County Auditor before the date fixed by law for the delivery
of the assessment book to the County Board of Equalization.
(Ord. MC-1027,9-8-98;Ord. MC-691, 12.18.89.) a
m
12.92.080 (Repealed by MC-737,7-16-90.)
n
12.92.090 Limitation of Actions. v+
d
A. Time.
No action, suit, or proceeding to set aside, cancel, avoid, annul or correct E
any assessment or reassessment, or to review any of the proceedings,
acts or determinations therein,or to question the validity of,or to enjoin the
collection of the assessments or reassessments, or to enjoin the issuance a
of bonds to represent the same, shall be maintained by any person unless
such action is commenced within 30 days after the recording of the
warrant, diagram and assessment or reassessment, and thereafter all
persons shall be barred from any such action or any defense of invalidity of
the assessment or of bonds issued thereon or of the reassessment if such
` is made and of bonds Issued thereon.
LRev.June 14,2012] 12-104
Packet Pg. 1295
The Director of Public Services may promulgate written procedures,
regulations, guidelines and fees pertaining to the implementation of this chapter.
Such procedures, regulations,guidelines and fees shall not become effective until
approved by resolution by the Mayor and Common Council. (Ord.MC-737, 7-16-90)
Chapter 12.94
IMPROVEMENT DISTRICTS
c
v
Sections: E
D
12.94.010 Definitions. m
12.94.020 Issuance of bonds -Administrative fee. E
12.94.030 Advance of estimated costs -Reimbursement of a
expense-surplus. o
U
12.94.010 Definitions. 6
a
U
A. "Improvement District" means any assessment district created by action of
the Mayor and Common Council for the purpose of funding curbs, gutters,
streets, storm sewers, sanitary sewers, water mains and other public
improvements necessary or convenient for the purpose of the district being
formed. Public improvements shall include, but shall not be limited to,those
itemized in Streets and Highways Code Sections 5101,8570,and 10100.
B. "Developer-requested Improvement district" means any improvement
district where a developer representing a majority in Interest of the owners
of the land affected requests that the City form such district to enable such
owners to develop a new subdivision or parcel map of any type or
undertake enlargement, development, expansion or change of use of
existing commercial or industrial development. Whether a particular N
developer represents a majority in interest of the owner shall be
determined by the Director of Public Works. o
m
a
C. "1911 Act" refers to"The Improvement Act of 1911", Streets and Highways 2
Code, Division 7, being Section 5000, at seq.
v
D. "1913 Act" refers to"The Municipal Improvement Act of 1913",Streets and
Highways Code, Division 12, Section 10000,at seq.
E. "1915 Act" refers to "The Improvement Bond Act of 1915", Streets and
Highways Code, Division 10, being Section 8500, at seq. E
(Ord.MC-1027,9-8-98;Ord.MC-149,4-5-82.)
m
12.94.020 Issuance of bonds -Administrative fee. a
For any developer-requested improvement district in which the
improvements are to be financed by issuance of assessment district bonds, bonds
may be authorized and issued by authority of the Mayor and Common Council
under the provisions of the 1911 Act,the 1913 Act,the 1915 Act,or any other state
-� law or any ordinance or provision of the San Bernardino Municipal Code, as the
Mayor and Common Council may determine. For any such Issuance, an
[Rev.June 14,2012] 12-106
Packet Pg. 1296
rt#
administrative fee of one percent of the total bond issue shall be paid to the City's
Assessment District Reserve Fund to be used exclusively for the financing of
assessment districts as authorized by the Mayor and Common Council. Such fee
shall be paid out of the proceeds of the sale of the bonds,and shall be in addition to
any other applicable fees, charges or incidental expenses. (Ord. MC-467, 7-15-85;
Ord.MC-149,4-5-82.)
12.94.030 Advance of estimated costs - Reimbursement of expenses of
surplus. u'
c
d
Prior to the adoption of a resolution of intention relative to any E
developer-requested improvement district, the developer representing the owner
or owners of the property therein shall advance to the City the estimated costs of E
organizing, engineering and developing the proposed assessment district, in such a
amount and payable at such times as the Director of Public Works shall designate. o
Such advancement of funds shall be utilized solely for the expenses of organizing, 0
engineering and developing the proposal for such district. In the event the district
fails at the public hearing or is otherwise terminated for any reason, or the bonds a
are not sold, such portion of the advancement representing actual costs to the City
in preparing for such Improvement district, including administrative costs, shall be
held by the City, as reimbursement for such expense, and any surplus remaining
shall be returned to the person or persons depositing such funds. If the
improvement district is finalized and bonds are sold, the expenses shall be
reimbursed to the City from bond proceeds; and the entire amount deposited shall
be returned to the person or persons depositing such funds. (Ord. MC-1027,9-8-98;
Ord.MC-149,41-5-82.)
Chapter 12.95
SUBSTANDARD DRIVEWAY APPROACHES Ci
a
Sections:
12.95.010 Substandard Driveway Approaches: City N
Participation. rn
12.95.020 Eligible Projects. a
12.95.030 Work Performed.
12.95.010. Substandard Driveway Approaches: City Participation. v
v
N
Notwithstanding other provisions of this Code, the Streets and Highways >
Code or any other provision of law, the City, at its discretion, may contribute fifty
percent(50%)of the cost incurred for removal and reconstruction of substandard c
driveway approaches as provided in this Chapter. (Ord. MC-854, 11-16-92.) E
E
12.95.020. Eligible Projects.
a
Eligible projects for City participation of one-half the cost shall be only
those driveway approaches which exit onto arterial or collector streets and which
have been found by the Director of Public Works to not be in accordance with the
Department of Development Services' Standard Drawing No. 203. (Ord. MC-1027,
9-8-98;Ord. MC-854, 11-16-92.)
12.95.030 Work Performed,
[Rev.June 14,20121 12-107
PacketPg. 1297
7.I.b
The work hereunder may be performed by a private contractor engaged by
the property owner or, by the City, at the discretion of the Director of Public Works
and following application to the Community Development Department for
participation in the program.
(a) An application for work to be performed may be initiated by either
the City or the property owner.
(b) Applications, outlining the work to be performed shall be completed w
on forms to be provided by the Development Services Department. d
E
v
(c) The Director of Public Works, upon finding that an application is v
consistent with the intent of this Chapter, shall have an inspection E
made of the project; estimate the cost of the work; and advise the a
v
property owner of the dollar amount of the City's one-half o
contribution. u
m
a
(d) If the Director of Public Works makes a determination that the City 2
shall perform the work, the property owner shall deposit the sum
determined ursuant to
p (a) above with the Community
Development Department, prior to the work being performed. The
Director of Public Works shall determine time frame for such
payment and if the property owner shall have not made such
deposit, within such time frame then that property shall be dropped
from the project. 16
(e) If the Director of Public Works makes a determination that the
property owner may perform the work, then the property owner or
his/her private contractor must obtain a no cost Public Works
construction permit. Following final inspection and approval of the
work by the City, and upon the presentation of receipted bills or N
invoices, the Director of Public Works shall authorize 50% of the
actual cost of the project, or the sum determined pursuant to (c) rn
above, whichever is less, to be paid to the property owner. a
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(f) The Director of Public Works may initiate the removal and
reconstruction hereunder by mailing a letter to the property owner y
advising of the City's participation program and enclosing an >
application form. In the event a property owner fails to respond or X
declines to participate in the program within 15 days after the date
of the notice, all proceedings will terminate. E
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(g) Any unforeseen necessary extra work which may arise during such R
removal and reconstruction or caused by such removal and a
reconstruction shall be shared equally by the property owner and
the City.
(Ord. MC-1027, 9-8-98; Ord MC-854, 11-16-92.)
Chapter 12.96
INSTALLATION AND MAINTENANCE OF LANDSCAPED FRONTAGES
ON CITY RIGHTS-OF-WAY AND WITHIN THE BUILDING SET-BACK AREA
(Rev.June 14,20121 12-108
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B. After applications for assistance and the Agreement for joint City property
owner participation are approved, the Director of Public Works shall notify
the property owner to prepare landscape plans for approval and upon
approval of plans to cause landscaping to be installed on the frontages.
Landscape plans shall be reviewed and approved by the Director of Parks,
Recreation and Community Services Department prior to commencement
of landscape installation.
(Ord.MC-1027,9-8-98; Ord.MC-786,5-20-91.)
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12.96.040 Participation by City. E
Notwithstanding other provisions of this Chapter or any other provision of E
law,the City may pay Y.of the cost of construction of landscaping located on the m
right-of-way and within the building set-back area up to a maximum of twenty(20)
feet, at the discretion of the Development Services Director. The Development o 0
Services Director shall make such determination based on the cost of the FU
construction,the ability of the property owner to pay and the cooperation exhibited n
by the property owner. Such determination shall be subject to appeal to the E
Mayor and Common Council pursuant to Chapter 2.64 of this Code.(Ord.MC-1027, g'
9-8-98;Ord. MC-786,5-20-91.)
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12.96.050 Duty to Install Landscaping.
The owners of lots or portions of lots fronting on the City rights-of-way in the
specified areas whenever the City has approved the application and signed the
agreement to pay the 50%portion of the costs of the installation of such landscape cli
improvements in front of said part,shall have the duty of installation or causing the o
installation of landscaping in front of their properties upon notice so to do by the N
City. (Ord. MC-786,5-20-91.)
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12.96.060 Duty to Maintain and Repair Aker Installation. a
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A. The owners of lots or portions of lots fronting on any portion of the public F
right-of-way on the specified streets and arterials or in the specified a
commercial zones shall after such property is Improved, maintain that y
property in accordance with established City standards and in such
condition that the improved area will not endanger persons or property and
maintain it in a condition which will not interfere with the public convenience
in its use.
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B. When the Director of Public Works finds any landscaped frontages which ;:
are not being maintained up to City maintenance standards or which are in a
condition to endanger persons or property or in condition to interfere with
the public convenience in its use, the Director of Public Works shall notify
the owners of the property fronting on that portion of such rights-of-way to
perform maintenance of the landscaped frontages.
(Ord. MC-1027,9-8-98; Ord.MC-786,5-20-91.)
12.96.070 Service And Contents of Notice to Maintain After Installation.
[Rev.June 14,20121 12-110
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A. Notice to repair or maintain landscaping and appurtenant areas may be
given by delivering a written notice personally to the owner of the property
or to the person in possession of the property facing upon the City
rights-of-way to be maintained or by mailing a written notice to the owner of
the property thereof at his last known address as appears on the tax
assessment rolls of the County. Immediately upon mailing the notice, the
property shall be posted in a conspicuous place.
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B. The notice shall particularly specify what work is required to be done, w
where standard landscape maintenance requirements may be obtained E
showing how it is to be done and what materials and plants shall be used in
the maintenance improvements and shall further specify that if the E
maintenance is not commenced within thirty(30)days after notice is given a
and diligently and without interruption prosecuted to completion, the o
Director of Public Works shall cause the maintenance to be done, and the u
cost of same shall be billed to the property owner. Failure to pay invoices o
for landscape maintenance within thirty (30)days shall result in a lien on
the property. 3
C. The notice shall specify the day, hour and place when the Mayor and
Common Council will hear objections or protests, if any, which may be
raised by any property owner or other interested persons, but in no case
shall such hearing be sooner than ten (10)days after giving notice. Upon
the day and hour fixed for the hearing, the Mayor and Common Council
shall hear and pass upon objections or protests and their decision shall be r
final and conclusive. W
D. If the required maintenance improvements are not commenced and
prosecuted to completion with due diligence as required by the notice, the c
Director of Public Works shall forthwith make the required improvements. N
(Ord. MC-1027,9-8-98; Ord. MC-788, 5-20-91.) w
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12.96.080 Hearing and Assessment of Costs. a
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A. Upon the completion of the maintenance improvements, the Director of
Public Works shall cause notice of the cost of the maintenance a
Improvements to be given in the manner specified in Subsection y
12.96.060, except for posting, said notice shall specify the day, hour and m
place when the Mayor and Common Council will hear and pass upon a X
report by the Director of Public Works of the cost of the improvements,
together with any objections or protests, if any,which may be raised by any E
property owner liable to be assessed for the cost of such maintenance
improvements and any other interested persons. In no case shall the
hearing provided for in this section be soonerthan ten(10)days after giving a
of notice.
B. The cost of the maintenance Improvements may include administrative
expenses required for the proper coordination and functioning of the
maintenance improvements in front of the parcel as determined by the
Mayor and Common Council.
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[Rev.June 14,2012] 12-111
Packet Pg. 1300
C. Upon the day and hour fixed for the hearing the Mayor and Common
Council shall hear and pass upon the report of the Director of Public Works,
together with any objections or protests which may be raised by any of the
property owners liable to be assessed for such maintenance improvements
and any other Interested persons. Thereupon the Mayor and Common
Council may make such revision, correction or modifications in the report
as it may deem just, after which, by resolution, the report as submitted, or
as revised, corrected or modified, shall be confirmed. The Mayor and
Common Council may adjourn the hearings from time to time. The
decisions of the Mayor and Common Council on all protests and objections
which may be made, shall be final and conclusive. E
D. Upon confirmation of the above report, the Mayor and Common Council E
may orderthe notice of lien to be turned over to the accounting officerof the a
City,whereupon it shall be the duty of this officer to have the amount of the o
assessment added to the next regular bill for taxes levied against the lot or u
parcel of land. If the City taxes are collected by the County officials, the o
notice of lien shall be delivered to the County Auditor, who shall enter the .2.
amount thereof on the County assessment book opposite the description of
the particular property and the amount shall be collected together with all
other taxes thereon against the property. The notice of lien shall be
delivered to the County auditor before the date fixed by law for the delivery
of the assessment book to the County Board of Equalization.
(Ord. MC-1027,9-8-98;Ord. MC-786,5-20.91.) F:-
12.96.090 Limitation of Actions.
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A.Time.
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No action, suit, or proceeding to set aside, cancel, avoid, annul or correct o
any assessment or reassessment, or to review any of the proceedings, acts or N
determinations therein, or to question the validity of, or to enjoin the collection of
the assessments or reassessments or to enjoin the issuance of bonds to represent rn
the same, shall be maintained by any person unless such action is commenced a
within 30 days after the recording of the warrant, diagram and assessment or m
reassessment, and thereafter all persons shall be barred from any such action or
any defense of invalidity of the assessment or of bonds issued thereon. v
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B. Property Unlawfully Dedicated or Acquired. 'm
No proceedings taken or had under this provision shall ever be held to be c
invalid on the ground that the street right-of-way, public property or any portion E
thereof upon which the work or any part thereof is or was done has not been
lawfully dedicated or acquired; provided, the same Is lawfully dedicated or
acquired, or an order for possession prior to judgement has been obtained. (Ord, a
MC-786,5-20-91.)
Chapter 12.98
CAMPING ON PUBLIC STREETS AND PARKS
Sections
12.98.010 Purpose.
[Rev.June 14,2012] 12-112
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TITLE 13
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J Title 13
PUBLIC UTILITIES
Chapters:
13.04 Wells.
13.08 Connection with Public Sewer.
13.12 Cross-connections and Backflow Prevention Devices.
13.16 (Repealed by MC-950, 9-21-95.)
13.20 Geothermal Resources. w
13.24 Water Supply System. d
13.25 Spreading or Extraction Within The Management Zone. E
13.28 Collection of Delinquent Water, Rubbish,Sewer or Other v
Municipal Utility Charges. E
13.32 Wastewater Facilities. a
13.36 Underground Utilities. c
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Chapter 13.04 a
WELLS S
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Sections: '
13.04.010 Measurement of water-Records required.
13.04.020 Record of wells that have been bored.
13.04.030 Recordkeeping requirement.
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13.04.010 Measurement of water-Records required.
It shall be the duty of the Board of Water Commissioners of the City to v
cause measurements to be taken of all water naturally flowing out of the San
Bernardino artesian basin and also of all water artificially taken and transported out
of the San Bernardino artesian basin or any of its tributaries; to cause
measurements to be taken of the flow of water from artesian wells in the San
Bernardino artesian basin and also the depth to water in such wells that do not
naturally flow to the surface of the ground; to cause to be taken measurements of rn
the pressure of water at the surface of the ground flowing from artesian wells in the a
San Bernardino artesian basin; to cause to be taken measurements of all water m
used in the water system of the City; to keep a record, in the office of such [
commissioners, of all measurements of water and water pressure herein-before d
referred to,and also to keep a book in whlch all persons employed in or engaged in
taking any of such measurements shall record a true copy of such measurements 'w
and the person so taking such measurements shall be required in such book to
state the time of taking such measurement and by some proper designation the
place of such measurement and when so recorded,the person shall sign his name E
to such record. (Ord.677§1, 1917.)
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13.04.020 Record of wells that have been bored. a
The Board of Water Commissioners of the City shall procure and cause to
be recorded in a proper book a true and correct log of all wells that have been
bored in the San Bernardino valley subsequent to the first day of August, 1916, or
that may hereafter be bored therein. (Ord.677§2, 1917.)
[Rev.June 14,20121 13-1
pacicet"4��,A�A3,"
and are separate from all other fees and charges imposed by the SBMW D. The
amount of these charges and fees and method of implementation shall be
established by resolution of the Board.
13.32.705 Recovery of Costs.
In the event a user fails to comply with any of the terms and conditions of
this Chapter, an administrative order, compliance schedule or a permit Issued
hereunder, the City shall be entitled to reasonable attorney fees and costs which
may be incurred in order to enforce any of the terms and conditions,with or without w
filing proceedings in court. E
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13.32.710 Connection Requirements, E
A. The owner of any property used for human occupancy, employment, c
recreation,or other purposes situated within the SBMWD service area may L)
be required to connect the property directly to the City sewerage system. o
The property owner may petition the Mayor and Common Council under .�
SBMC 13.08.080 for reimbursement of the costs for the portion of the .2
sewer line extension over three hundred (300) feet from the point of
connection with the City sewerage system to the owners property line.
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B. The City may waive or modify the sewerage system connection
requirements where one or more of the following conditions exist:
1. The proposed single family residential development will be
constructed on property larger than one-half acre, or the proposed
commercial/industrial development will generate less than 200
gallons of domestic sewage per day (based on fifteen (15)gallons r
of sewage per day per employee);there is a natural obstruction that
prevents the property from being connected to the City sewerage N
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2. The proposed residential development of four(4)units or less is an a
infill project,where structures exist on at least 75%of the block and v
none of the properties are connected to the City sewerage system.
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3. The proposed development is an expansion,is less than 25%in
area of the existing structure, and does not exceed one 'm
thousand (1000)square feet.
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4. The proposed development will not generate any sewage. E
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C. A waiver to connect to the City sewerage system shall not be construed as M
approval for the installation of a septic tank. Permits for construction of a
septic tanks shall be subject to the City Building Division environmental
review and approval process. All waivers shall be considered temporary.
Connection to the City sewerage system will be required within one
hundred twenty(120)days when the City sewerage system is constructed
less than three hundred (300) feet from the owners property line. The
l sewer connection waiver requires the property owner to waive all future
property rights protesting the formation of a sewer assessment district
tRev.June 14,20121 13-144
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which encompasses the property. An administrative fee of five hundred
dollars ($500) is required for all requests to waive the sewer connection
requirements.
D. A connection permit is required before any person is authorized to connect
and discharge any wastewater to the City sewage system. The
connection permit authorizes the person to physically connect the property
to the City sewerage system. The connection permit is separate and
distinct from the Industrial User discharge permit required which is required r
of Class IN users. m
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E. Connection permits shall be issued by the City Building Division in m
accordance with applicable regulations which describe the permit E
conditions, required construction specifications, and the corresponding d
fees for the connection permit. o
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F. Each property shall be connected to the City sewerage system through a 6
separate connection;unless the General Manager determines that a single v
connection will adequately protect the Interests of the City. Individual E
connection permits are required for each separate connection.
G. The property owner is required to seal all sewer connections upon
abandonment of the property to prevent wastewater flow to the City
sewerage system.
l13.32.715 Construction of Public Sewer Extension.
A. Any extension of the public sewer system by a user shall be approved by M
the City and constructed in accordance with all applicable Ordinances,
regulations and Building codes. The costs of any sewer extension shall
be the responsibility of the user requesting the extension and the users N
benefiting from the sewer extension.
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B. The City shall enter into an agreement with any user completing an a
extension of the public sewer system for the repayment of all costs of the v
extension not owned or controlled by the user. The agreement shall be
made pursuant to the requirements of the City and shall be approved by the
Mayor and Common Council. mn
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13.32.720 Sewer Service Charges. E
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A. All single family residential dwelling units shall be charged a fixed monthly
fee for each individual dwelling unit. The residential sewer charge shall be a
established by resolution of the Board. The sewer fees shall be sufficient
to cover the share of sewerage costs attributed to the residential class of
users. The costs shall Include all costs associated with financing,
maintaining, and operating the sewerage system and developing the
necessary reserve funds to ensure future development and operation of
( l the system.
(Rev.June 14,2012] 13-145
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TITLE 15
BUILDINGS AND CONSTRUCTION'
Chapters:
15.04 Building Codes.
15.10 Foothill Fire Zane Building Standards. y
15.11 Building Safety Enhancement Area Building Standards.
15.12 Earthquake Hazard Reduction in Existing Buildings, E
15.16 Uniform Fire Code.
15.20 Certificate of Occupancy. QE
15.24 Property Maintenance Requirements.
15.25 Rental Housing Program. c
15.26 Single-Family Rental Property Inspection Program.
15.28 Dangerous Buildings. n
15.32 (Repealed by MC-781, 4-22-91.)
15.34 Removal or Destruction of Trees.
15.36 Demolition and Moving of Buildings and Structures.
15.37 Historic Building Demolition Ordinance.
15.38 (Repealed by MC-880, 6-21-93.)
15.40 (Repealed by MC-880, 6-21-93.)
15.44 (Repealed by MC-880, 6.21.93.
15.48 Swimming Pools.
15.52 (Repealed by MC-781, 4-22-91.)
15.55 City Assumption of Code Enforcement in Mobile Home M
Parks.
15.56 (Repealed by MC-781, 4.22.91.)
15.57 Cultural Development Constructions Fees.
15.60 (Repealed by MC-880, 6-21-93.)
15.64 (Repealed by MC-84.) a
15.68 Washers, Dryers, Extractors, and Compressors. d
15.72 (Repealed by MC-781, 4.22.91.)
15.73 Verdemont Area - Infrastructure Fee.
15.74 Violation - Penalty. ^
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For statutory provisions authorizing cities to regulate buildings and construction,
see Gov. Code §§38601 and 38660; for provisions on the construction of housing,
see IIealth and Safety Code§17910 et seq.,for provisions authorizing cities to
adopt codes by reference, see Gov. Code §50022.1 et seq.
[Rev.June 14,2012]
15-1
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measures to be taken, and sign a statement approved by the building
official agreeing to repair or correct any violations found during subsequent
inspections and to obtain any additional permits as may be required. (Ord.
MC-880,6-21-93)
15.04.084 (Repealed by MC-1262, 12-17-07& MC-1261, 12.03.07)
15.04.085 Uniform Administrative Code, Tables 3-A, 3-B, and 3-D
amended -Fees.
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A. Uniform Administrative Code,Table 3-A is amended by adding Nos.
5, 6, 7, and 8 under Other Inspections and Fees as follows: E
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5. A fee in the sum of one hundred twenty dollars ($120.00) for a
the inspection of any existing property or building required to ci
be made by the Community Development Department for a
compliance with the National Housing Act or other lending &
institutions and regulations thereunder shall be paid to the
City by the applicant for such inspection service.
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6. A fee in the sum of sixty dollars ($60.00)for the inspection of a
room addition, garage, patio, or other portion of a building
when the entire building need not be inspected.
7. The fee for a pre-permit inspection shall be as follows:
Residential - $120.00 per structure up to four (4) units plus
$10.00 for each additional unit in excess
of four(4).
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Commercial - $120.00 per structure up to 5000 square
feet, plus $.02 for each additional square a
foot of floor area in excess of 5000 -
square feet.
8. An application fee of Seventy-five Dollars ($75.00)for review W
of a proposed alternative material and/or method of
construction to be used instead of the material and/or d
construction method specified in the Uniform Building Code. E
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B. Uniform Administrative Code, Table 3-13 is amended by adding New a
Commercial Buildings and Electric Meter Reset Inspections as
follows:
New Commercial Buildings: The fee of$.015 per square foot shall
include all wiring and electrical equipment in or on each building or
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Installation.
820.200 CATV Installation. Contractors or developers
constructing two or more residential building units shall comply with the
requirements for cable television installations set forth in Section 19.30.110
of the San Bernardino Development Code. (Ord. MC-1262, 12-17-07; Ord.
MG-1261, 12-03-07;Ord.MG-446,4-15-85.)
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15.04.230 National Electrical Code Section 410.120 is added - Time °
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410.120 Time Constraints for Decorative Lighting. The
duration and use of temporary electrical power and lighting installations for a
holiday decorative lighting and similar purposes shall be in accordance with
the manufacturer's intended use and listing. (Ord. MC-1337, 1-1-11; Ord.
MC-1262, 12-17-07; Ord. MC-1261, 12-03-07; Ord. MC-1108, 11-19-01; Repealed by
MC-460.)
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15.04.250 (Repealed by MC-1262, 12-17-07 & MC-1261, 12-03-07)
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l A. Any person, firm or corporation who continues work on a building or
structure after a stop work order has been issued by any of the
employees listed in San Bernardino Municipal Code Section o
9.90.010 A 2, 3, 4, 5, 6 or 8, shall be guilty of a misdemeanor. N
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B. Each day during any part of which the activity prohibited by
subdivision (a) of this section continues shall be a distinct and a
separate offense.
(Ord. MC-728,5-7-90.) i-
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Chapter 15.10 of
FOOTHILL FIRE ZONE BUILDING STANDARDS
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Sections:
15.10.020 Purpose.
15.10.030 Very High Fire Severity Zones. a
15.10.040 CBC Section 701A.3.2 - Existing Structures.
15.10.060 Applicability.
15.10.080 Applicable Building Standards.
15.10.020 Purpose.
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C. Any person aggrieved by the denial of a permit by the Community
Development Department may appeal the decision to the Mayor and
Common Council in accordance with the provisions of Chapter 2.64
of this Code.
(Ord. MC-682,11-8-89)
15.34.050 Inspection Fee. N
Each application for a permit shall be accompanied by an inspection E
fee which shall be established by resolution of the Mayor and Common
Council. (Ord.MG-682, 11-&89)
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15.34.060 Violation. o
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Any person who violates or causes violation of any provision of this a
Chapter shall be deemed guilty of an infraction or misdemeanor,which upon 2
conviction thereof is punishable in accordance with the provisions of Section
1.12.010 of the San Bernardino Municipal Code.
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Any person who violates or causes violation of any provision of this
Chapter, in addition to the above fine, shall pay restitution to the City of San
Bernardino for unlawful destruction or removal of the trees in an amount not
to exceed the replacement value of the trees. (Ord. MC-682, 11-6-89.) O
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Chapter 15.36
DEMOLITION AND MOVING OF BUILDINGS °
AND STRUCTURES
Sections: "
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15.36.010 Permit required -Applications m
15.36.020 (Repealed by MC 460, 5-13-85.) a
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15.36.010 Permit required -Application. v
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Any person, firm, or corporation desiring to demolish, dismantle, or
tear down any house, building, or structure within the City or to move the
same outside the City limits shall, before proceeding with such work,file an d
application with the Building Official of the Department of Community r
Development for permit to do so. The Building Official, if he feels that the
granting of such permit is not contrary to public health, safety, and welfare, a
and if he determines that the applicant has fully complied with and satisfied
each and every other applicable provision of local and state law, shall issue
such permit; provided, however, that as a condition to the issuance of such
permit, the applicant shall pay to the City any applicable Fees, and shall
deposit a surety bond in the amount of one thousand dollars to insure the
\ faithful performance by the applicant of the following conditions under which
[Rev.June 14,2012]
15-87
Packet Pg. 1310
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such permit is granted, namely: that upon the moving, demolition,
dismantling or tearing down of such house, building or other structure, the
lot, parcel, or site shall be cleared of all debris, brick, rock, cement work,
foundations, weeds, brush, dead or uncared for trees and vegetation and be
filled and graded in accordance with the provisions of Chapter 15.04 in such
a manner that storm waters and other waters will not accumulate thereon so
that the premises are left in a clean and safe condition as determined by the
Director of Community Development. Any permit issued under this section
shall be further conditioned upon completion of the work of moving or v
demolition, dismantling,tearing down,filling, grading and cleaning of the site of
within a period of ninety days from the date of its issuance which period may
be extended by the Building Official upon good cause shown for such QE
additional periods as may be reasonably required to carry out the purposes
of the permit.The permit shall not be issued or approved unless and until the o
applicant has furnished satisfactory evidence (1) that he has fully complied u
with the provisions of Section 119(a)of the Uniform Plumbing Code or other a
law pertaining to the plugging or capping of abandoned sewer outlets; (2)
that he has obtained a permit for such plugging and capping in accordance
with Section 1.8 of the Uniform Plumbing Code or other law.Any abandoned
cesspool shall be cleaned and backfilled and the property shall be graded n
and erosion control measures installed prior to final approval of the permit as
required herein. (Ord.MC-1027,9-8-98;Ord. 3628, 1977;Ord.2784, 1966;Ord.20114
§1, 1954.)
L..r 15.36.020 (Repealed by MC 460, 5.13-85) vi
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Chapter 15.37
HISTORIC BUILDING DEMOLITION ORDINANCE
[Rev.June 14,2012)
15--88
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Chapter, the Commission shall perform the duties specified in Chapter 2.23.
(Ord. MC-1306, 6.01-09; Ord. MC-850, 9-8-91; Ord. MC-694, 12-18-89) (City Attorney
Opinion No. 93.8)
15.37.035 Demolition Prohibited.
No building or structure fifty (50) years old or older shall be
demolished unless a valid Demolition Permit has been issued in accordance
with this Chapter. (Ord. MC-1306, 6-01-09; Ord. MC-850, 9.8-91; Ord. MC-694,
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15.37.040 Dangerous Buildings Exempted Under Exigent d
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The demolition of any building or structure fifty(50)years old or older c0
shall be exempt from the provisions of this Chapter if a determination has o
been made, supported by findings of fact, by the Hearing Officer or the .�
Building Official pursuant to Chapter 15.28 of the Municipal Code declaring
that the building or structure is a dangerous building and constitutes an
imminent threat to the health and safety of the public. In lieu of immediate o
demolition of a structure posing an imminent hazard, feasible mitigation
measures should be employed where practicable in order to preserve the
structure and site until the historical review process is completed.
(Ord.MC-1306,6-01-09; Ord. MC-850,9-8-91;Ord,MC-694,12-18-89) m
15.37.045 Evaluation Thresholds and Review Requirements,
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Buildings and structures fifty (50) years old or older proposed for o
demolition shall be evaluated to determine historical significance. The level N
of review required shall be determined in accordance with the following
thresholds and requirements which are based upon the Historic Resources
Reconnaissance Survey(Volumes 1-5 and attachments,April 30, 1991 and a
all subsequent revisions):
A. A Historic Resource Evaluation Report (Report)shall be required for m
any resource identified on a modified California Department of Parks v
and Recreation (DPR)523 Form (Volume 3, Appendix B, Resource
List and DPR Forms) or located within an area identified as being
potentially eligible for Historic District designation and listed as a E
contributing resource (Volume 3, Appendix C, Historic Districts and
Overlay Zones, Items 1. through 4.).
a
S. A Historic Resource Evaluation Report may be required for any
resource listed on the Tabular List and located within the boundaries
of an area identified in the Survey as being potentially eligible for
Historic Overlay Zone designation (Volume 3, Appendix C, Historic
Districts and Overlay Zones, Items 5 through 13.) Using the criteria
1 established in Section 15.37.055 of this Chapter, the Director of
�`•r` [Rev.June 14,2012]
15-91
7.I:b
the heritage of the City of San Bernardino; or,
2. The location of the building or structure is the site of a significant
historic event;or,
3. The building or structure is identified with a person(s) or group($)
who significantly contributed to the culture and development of the
City of San Bernardino; or,
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4. The building or structure exemplifies a particular architectural style or EE
way of life important to the City; or,
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5. The building or structure exemplifies the best remaining architectural d
type in a neighborhood; or, u
6. The building or structure is identified as the work of a person whose o
work has influenced the heritage of the City, the State or the United
States; or,
7. The building or structure reflects outstanding attention to m
architectural design, detail, materials or craftsmanship; or,
<� 8. The building or structure is related to landmarks or historic districts
and its preservation is essential to the integrity of the landmark or
tie.. historic district; or,
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9. The unique location or singular physical characteristics of the o
building or structure represent an established and familiar feature of
a neighborhood; or,
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10. The building, structure or site has the potential to yield historical or a
archaeological information. v
(Ord. MC-1306,6-01-09; Ord.MC-850,9.8-91;Ord. MC-694, 12-18-89)
a
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15.37.060 Review Process. �
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1. Director Review - The Director of Community Development shall
determine whether to issue a Demolition Permit for an Application v
which does not require a Report in accordance with Evaluation E
Thresholds B. and C. and the requirements specified in Section
15.37.045 of this Chapter. a
2. Environmental Review Committee (ERC) Review - An Initial Study
(pursuant to the California Environmental Quality Act) shall be
prepared for a Demolition Permit Application when a Historical
Resource Evaluation Report is required in accordance with Section
15.37.045, Subsections A. -C. of this Chapter. The Report may be
[Rev.June 14,20121
15-93
Packet Pg. 1313
the Demolition Permit until after the Appeal is decided.
(Ord. MC-1306, 6.01.09; Ord. MC-1027, 9-8-98; Ord. MC-850, 9-8-91; Ord. MC-694,
12.18-89)(City Attorney Opinion No. 93-8)
15.37.070 Appeals.
Any person may appeal the decisions of the Director of Community
Development pursuant to this Chapter to the Planning Commission.
Decisions of the Planning Commission pursuant to this Chapter may be
appealed to the Mayor and Common Council.
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An appeal must be submitted in writing with the required appeal fee a
(if applicable)to the Community Development Department within fifteen (15) £
days following the final date of the action for which an appeal is made. The a
written appeal shall include the reason(s) why the Historic Resource $
Evaluation Report should or should not be required; or why the Demolition L)
Permit Application should be granted, denied or exempt from the provisions a
of this ordinance. .2
(Ord. MC-1300, 6-01-09; Ord. MC-1027, 9-8-98; Ord, MC-850, 9-8-91; Ord, MC-694,
12-18-89)
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15.37.080 Severability.
If any section, subsection, sentence, clause or phrase or any portion
-� of this ordinance is for any reason declared invalid or unconstitutional, such v;
decision shall not affect the validity of the remaining portions of the I
" Ordinance. The Mayor and Common Council hereby declare that it would
have adopted this ordinance and each and every section, subsection,
sentence, clause or portion thereof irrespective of the fact that any phrase, o
or any portion thereof, would be subsequently declared invalid or N
unconstitutional. (Ord. MC-1306, 6-01-09; Ord. MC-850, 9-8-91; Ord. MC-694,
12-18-89) rn
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15.37.085 Penalty. v
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Any person, firm or corporation, whether as principal, agent, y
employee, or otherwise, violating or causing the violation of any of the ;
provisions of this Chapter is guilty of a misdemeanor, which upon conviction
thereof is punishable in accordance with the provisions of Sections 1.12.010
and 1.12.020 of this Code in addition to any other civil or administrative E
remedies. (Ord.MC-1306,6-01-09;Ord. MC-650,9.8.91; Ord. MC-694, 12-18-89)
m
15.37.090 Fees. a
Upon submittal of a Demolition Permit Application to the Community
Development Department, the applicant shall pay all applicable Planning
Division fees in the amounts as adopted by resolution of the Mayor and
Common Council for an Initial Study and for the Planning Commission
review. The applicant shall pay all required Building Inspection Division
[Rev.June 14,2012]
15-95
PackefPg. 1314
7.I.b
with the requirements of this Chapter. (Ord. 3031 (part), 1969; Ord. 2431 §3(d),
1962.)
15.48.070 Solis engineering reports.
A. Prior to issuance of a swimming pool permit, the building official may
require that the swimming pool plans shall be reviewed by an
approved soils engineer. All reports shall be subject to approval by
the building official, and supplemental reports and data may be d
required as he may deem necessary. Recommendations included in �E
the report and approved by the building official shall be incorporated
in the swimming pool plans by the permittee. QE
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B. Swimming pools constructed of materials that are subject to failure o
by deterioration, tears or rips shall not be so located so that a failure U
would possibly endanger any private property or result in the Q
deposition of debris on any public way.
(Ord. 3031 (part), 1969;Ord.2431 §5, 1962.)
15.48.080 Exemptions. m
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All swimming pools which are completely contained within the walls i"
of a building shall be exempt from the provisions of the fencing
requirements. (Ord.3474, 1975;Ord.2431 §6, 1962.) °'
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15.48.090 Modifications and variances.
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The owner of any swimming pool may request approval of °
modifications or variances from the fencing requirements by submitting to
the Building Official of the Department of Community Development written
application for such modifications or variances, setting forth a description of
such pool and an alternate safeguard or condition of the site by which entry m
into the swimming pool may be restricted or prevented.The Superintendent
may approve such alternate safeguard or obstruction upon finding that one a
of the following conditions exists:
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A. That the physical conditions of the site would make the erection of a
fence or wall impractical or purposeless; d
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B, That the proposed limitation of access or condition of control thereof
which would be continuously effective would accomplish the intent of a
the fencing requirements;
C. That the degree of protection afforded by the substitute devices or
structures is not less than the protection afforded by the wall,fence,
gate, or latch described herein.
[Rev. June 14,20121
15-98
Packet Pg. 1315
l
15.55.030 Enforcement Responsibility.
The Community Development Department of the City shall have the
responsibility to enforce the statutes and regulations referred to in this
Chapter. The Department shall be assisted by any other City officer,
employee, board or commission in bringing deficiencies or violations to the
attention of the Department while in the process of fulfilling their statutory y
responsibilities. (Ord. MC-1027,9-8-98;Ord. MC-831,5-4-92.)
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15.55.050 Fees. E
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The Mayor and Common Council shall from time to time by o
resolution adopt a schedule of fees consistent with those established from u
time to time in Health and Safety Code, Division 13, Part 2. 1, and related a
administrative regulations. (Ord. MC-831, 5-4-92.) �
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15.55.060 Objectives.
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The City hereby adopts and approves the State program and
objectives as contained in Health and Safety Code, Division 13, Part 2.1,
and related administrative regulations. (Ord.MC-831,5-4-92.)
15.55.070 Existing Mobile Home Parks.
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There are currently forty-two (42) mobile home parks in the City o
ranging from excellent condition with few violations to poor condition with
numerous building violations. Generally, these are at or near maximum Cq
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occupancy. (Ord. MC-831,5-4-92.) rn
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15.55.080 Local Findings and Inspection. v
The Mayor and Common Council of the City hereby find that those v
living in mobile home parks are often on fixed incomes and are severely
limited in their ability to find alternative housing because of the cost of
moving of the mobile home. The Mayor and Common Council, therefore,
direct that each of the parks be inspected on a regular ongoing basis in
compliance with State regulations to ascertain compliance with the E E
applicable codes to assure that such residents have a safe and healthful Y
place in which to live. (Ord. MC-831,5.4.92.) a
15.55.090 Forms.
All forms used for application for permit to operate, the permit to
operate, and the statement of installation acceptance shall be those forms
[Rev. June 14,2012]
15-100
Packet Pg..1316
A. "Commercial structure" shall mean any building or structure all or
part of which contains a commercial or industrial use permitted by
this Code; provided, however, "commercial structure" shall not
include any building or structure constructed or reconstructed for the
elderly and handicapped pursuant to Title 15 of this Code, or
pursuant to Title 25 26 of the California Administrative Code (now
California Code of Regulations).
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B. "Construction cost' shall mean the total value of all construction or E
reconstruction work on a commercial structure as determined by the v
Director of Community Development pursuant to Section 15.04.080 E
of this Code in issuing a building permit for such construction or v
reconstruction. o
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C. "New Construction"shall mean all new commercial construction. a
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D. 'Reconstruction" shall mean additions, alterations, repairs, or
remodels made to an existing commercial structure.
Reconstruction is required to conform to the requirements for new
buildings pursuant to the Uniform Building Code and Title 15 of this
Code. Reconstruction necessitated by natural disaster or
accidental damage shall not be subject to this Chapter provided, I
however, that damage in the normal course of business shall be
.0 included.
(Ord. MC-1027, 9-8-98; Ord. MC-768, 3-11-91; Ord. MC-850, 1-17-89; Ord. MC-542,
9-9-86.)
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15.57.030 Cultural Development Construction Fee Imposed. N
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A. A cultural development construction fee is imposed on the privilege
of new commercial construction or reconstruction as defined in a
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Section 15.57.020, Subsections C and D. Such fee shall be equal
to one-half(%a)of one (1) percent of the construction cost.
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B. Notwithstanding the foregoing provisions, the fee shall not be
imposed and charged for any permit for which an application
together with two sets of complete plans and specifications as
required by Sections 301 and 302 of the Uniform Building Code are E
filed and approved with the City prior to September 8, 1986, provided
that the applicant has paid all plan check fees prior to that date. a
C. No cultural development construction fee shall be charged for the
first reconstruction of any commercial structure up to Its previously
existing square footage, if the previously existing commercial
structure was voluntarily demolished by the property owner after
[Rev.Juno 14,2012]
15-102
7:Lb
Code Compliance has issued a Notice of Violation/Abatement.
(Ord. MC-1175, 07-19-04; Ord. MG-768, 3-11-91; Ord. MC-650, 1-17-89; Ord. MC-542,
9-9-86.)
15.57.040 Time of payment.
The cultural development construction fee required in Section
15.57.030 to be paid shall be due and payable upon issuance by the City of a N
building permit for the construction or reconstruction of any commercial
structure; provided, however, that there shall be a refund of such fee to the E
person who paid such fee in the event that the building permit expires,within
the meaning of Section 302(d) of the latest edition of the Uniform Building E
Code adopted in the City, within thirty days after the date of such expiration, a
upon written application for such refund by the person who paid such fee o
setting forth in full the facts showing that such permit has expired. The full L)
amount due under this Chapter shall constitute a debt to the City. An action a
for the collection thereof may be commenced in the name of the City in any 9
court having jurisdiction of the Cause. (Ord. MC-850,1-17-89;Ord. MC-542,9-9-86.)
15.57.060 Fee - Place of payment.
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The fee shall be paid to the Building Official of the City or his
authorized agent at the office of the Community Development Department of
the City. (Ord.MC-1027, 9-8-98; Ord. MC-650, 1-17-89;Ord.M4542,9-9-86.) `c
15.57,070 Disposition of cultural development construction fees.
The funds derived from this fee shall be deposited in a separate fund °
with identification as to the source, so that the Mayor and Common Council N
may consider appropriate expenditures in its annual budget for allocation to
cultural development activities in the City. The use of the funds shall be
reviewed annually by the Mayor and Common Council. (Ord. MC-650, 1-17-89; (L
Ord. MC-542,9-9-86.)
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15.57.080 Severabllity.
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If any section, subsection, sentence, clause, phrase or portion of this
Chapter is for any reason held invalid or unconstitutional by any court of s
competent jurisdiction, such portion shall be deemed a separate, distinct,
and independent provision, and such holding shall not affect the validity of a
the remaining portions of this Chapter. (Ord. MC-650, 1-17-89; Ord. Mc-542,
9-9-86.)
Chapter 15.60
(Repealed by Ord. MC-880, 6-21-93)
[Rev.Iwu 14,20121
15-103
Packet Pg. 1318
.� Chapter 15.64
(Repealed by Ord. MC-84, 1981)
Chapter 15.68
WASHERS, DRYERS, EXTRACTORS,
AND COMPRESSORS
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Sections: m
15.68.010 Purpose. E
15.68.020 Permit for installation - Fee.
15.68.030 Operation prohibited when excessive ground aE
vibration occurs.
15.68.040 Distance of commercial laundry compressor from
other buildings.
15.68.050 Requirements in addition to building code and a
other laws.
15.68.060 (Repealed by MC-460, 5-13-85.) '
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15.68.010 Purpose. �
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The purpose of this Chapter is to regulate the installation, operation
and maintenance of equipment or machinery, including but not limited to
washers, dryers, extractors and washer extractors of fifty-five-pound
capacity or larger, and compressors. (Ord.3064§1, 1970.) Ld
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15.68.020 Permit for Installation - Fee. o
A. No person, firm or corporation shall install any equipment or
machinery without first obtaining a permit from the Department of
Community Development. The fee for such permit shall be ten a
dollars. Such fee shall be in addition and supplemental to any other d
fee charged for the installation of such equipment or machinery.
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B. A design drawing and calculations shall be submitted with the
application for a permit showing all information pertaining to the
equipment or machinery which is necessary for a determination of
foundation requirements in order that it may operate efficiently,
safely, and with a minimum of vibration. A requirement of
installation based on the design shall be that the ground vibration
inherently and recurrently generated does not cause a displacement a
of the earth greater than .033 of one inch as measured at any point
radially in any plane from the foundation, as determined by the City
Engineer.
(Ord. MC-1027,9-8-98;Ord.3064§2, 1970.)
J [Rev.June 14,20121
15-104
PB:gket P"g`'1319`,:
15.68.030 Operation prohibited when excessive ground vibration
occurs.
A. No person shall operate any of the above equipment or machinery
which due to faulty installation, maintenance or operation causes a
ground vibration in excess of that described in Section 15.68.020. If
in the opinion of the Building Official equipment or machinery
presently in operation does cause such excessive vibration, the y
Community Development Department may require the operator to
submit all the information required for an original installation of such E
equipment or machinery. v
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B. If such information shows to the satisfaction of the City Building v
Official that the existing installation of such equipment or machinery o
does not meet the required standards, changes and modifications of U
installation shall be required to obtain compliance with the standards 2-
before the operation of the equipment or machinery may be .2
continued.
(Ord.MC-1027,9-8-98;Ord.3064§3, 1970.)
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15.68.040 Distance of commercial laundry compressor from other
buildings.
Any commercial laundry compressor maintained outside of the
commercial building on the premises shall be at least seventy-five feet from
any other building occupied as a residential dwelling unless provision is
made to completely enclose the compressor in accordance with the
minimum standards set forth in a drawing marked "commercial laundry °
compressor"on file in the Department of Community Development, City Hall,
San Bernardino, California. (Ord. MC-1027,9-8-98;Ord.3064§4, 1970.)
m
15.68.050 Requirements In addition to building code and other laws. v
The requirements of this Chapter are in addition and supplemental to
any other requirements set forth in the Building Code or other laws. (Ord 3064
§5, 1970.) >
15.68.060 (Repealed by MC-460, 5-13-85) w
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Chapter 15.72
(Repealed by MC-781, 4.22-91.) a
[Rcv, Rine 14,2012]
15-105
PacketPg. 1320
4
1. The Director of Community Development of the City has
determined that the applicable Infrastructure Fee will be
collected from the subdivider for public improvements or
facilities for which an account has been established and funds
have been appropriated, and for which the City has adopted a
proposed construction schedule or plan, or
2. The applicable Infrastructure Fee will reimburse the City for v
expenditures previously made by the City. All applicants for E
permits for the installation of mobile homes will be subject to m
the procedures applicable to residential developments set QE
forth hereinabove.
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B. Any person or entity who would otherwise be required to pay the
Infrastructure Fee pursuant to paragraph (A) hereinabove may R
receive as a credit towards the Infrastructure Fee attributable to such .2
person or entity, all or a portion of the costs of any Right-of-Way
Improvements or Public Improvements that may be or may have
been acquired, constructed or installed by such an entity.
C. All funds collected shall be promptly identified as
Right-of-Way/Public Improvement Infrastructure Fees and promptly
transferred for deposit in the appropriate Right-of-Way/Public
.. Improvement Infrastructure Fee Fund to be held in a separate
account and, together with interest earnings thereon, used solely for M
the purposes specified in this Chapter. c
D. Notwithstanding anything in this section to the contrary, for any
subdivision for which a final map has been approved prior to the
effective date of this Chapter the fee established pursuant to Section a
15.73.050 may be paid at the close of escrow on each individual lot, v
unless a later time is allowed by this Chapter.
(Ord.MC-1027,9.8-98;Ord.MC-707,2-19-90:Ord.MC-755, 11-19-90.) d
15.73.065 Deferral.
For the construction of new single-family homes, the fees imposed d
by Section 15.73.060 may be deferred at the request of the owner of the E
property until the release of utilities is issued or eighteen (18) months from R
the issuance of the Building Permit, whichever is less. The owner of the a
property must personally guarantee payment of the fees, sign documents
authorizing the City to place a lien on the property in the amount of the fees,
agree to place the payment of the fees in any escrow for the sale of the
property,authorize the City to demand payment in any such escrow,and pay
an administrative fee set by resolution of the Mayor and Common Council.
[Rev.June 14,2012]
15-113
Packet Pg. 1321
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TITLE 16
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TITLE 16
SIGNS'
Chapters:
16.04 (Repealed by MC-92, 1981.)
16.08 (Repealed by MC-92, 1981.)
16.12 Political Signs.
16.16 Street Banner Permit.
16.18 Unauthorized Signs on Public Property
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Chapter 16.04 E
(REPEALED BY MC-92, 1981.) m
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Chapter 16.08 m
(REPEALED BY MC-92, 1981.) e
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Chapter 16.12 a
POLITICAL SIGNS L
Sections: E
16.12.010 Intent.
16.12.020 Definition. a
16.12.030 Compliance with regulations.
16.12.040 Permit-Required.
16.12.050 Consent of property owner required prior to
posting.
16.12.060 (Repealed by MC-395, 7-16-84.)
16.12.070 Maximum area of sign.
16.12.080 Obstructing view of motorists prohibited. M
16.12.090 Affixing to utility pole prohibited.
16.12.100 Use of adhesive backing. °
16.12.110 Removal of signs after election. C
16.12.120 Violation -Public or private property-Notice to m
sign owner.
16.12.130 Signature of applicant required on statement. a
16.12.140 Applicability. 2
16.12.150 Violation-Penalty. i-
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16.12.010 Intent. 'P
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'For statutory provisions on local regulation of signs,see Gov. Code §§38744 and 65850
and Bus. and Prof.Code §5229 et seq.; for additional sign provisions in this Code,see Ch. 19,60.
[Rev.June 14,2012J 16-1
P,d�lc�1°"9 'f323
7.I.b
J A. It is recognized that there have been abuses in the placement of political
signs within the City, including trespassing upon private property;
placement without permission from the property owner; placement in such
a fashion as to make them difficult to remove; littering caused by dislodged
political signs; sight and distance hazards to traffic because of size and
location, distracting appearance and displeasing aesthetically;
unnecessary proliferation; and other reasons, all of which are determined
to be contrary to the best interest of the community and the public health,
safety and welfare. Y
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B. The intent and objective in establishing the regulation of political signs are E
to ensure the compatibility between utilization of political signs and m
protection of the right to privacy of individuals and the quiet and E
undisturbed enjoyment of property.
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(Ord.3473§1, 1975.) o
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16.12.020 Definitions. m
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"Political sign" means any sign which indicates or advertises any one or a
combination of the following matters:
A. The name or picture of an individual seeking election or appointment to a m
public office;
B. Relates to a forthcoming public election, Initiative or referendum;
C. Advocates a person's, group's, or party's political views or policies.
"Political sign" does not mean a billboard which complies with state and cli
local laws.
(Ord.3473§2, 1975.) cf
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16.12.030 Compliance with regulations.
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Political signs shall be erected in the City pursuant to the provisions of this
Chapter,notwithstanding the provisions of Chapter 16.04[repealed]and Title 19 to F
the contrary. (Ord.3604(part), 1976;Ord.3473§3(a), 1975.)
N
16.12.040 Permit-Required. d
Prior to the placement of political signs in the incorporated areas of the
City, a permit shall be obtained from the Director of Community Development of E
the City who shall issue the permit subject to the regulations and provisions of this u
Chapter. The applicant for a permit shall, in writing, state the name of the owner
of the sign or signs and that the applicant is the authorized agent of the owner. a
(Ord. MC-1027,9-8.98;Ord.3604(part), 1976;Ord.3473§3(b), 1975.)
16.12.050 Consent of property owner required prior to posting.
Political signs shall not be posted or erected on any property without the
consent of the property owner or his or her agent,lessee ortenant. The applicant
for a permit shall submit to the Director of Community Development a list of
[Rev.June 14,20121 16-2
PacketPg:1324.
7.f,b•j r
J locations where political signs are intended to be posted or erected and shall
certify that consent has been obtained from the owner or authorized person of
each location. The political signs shall be posted and erected only at the locations
shown on the listing. (Ord. MC-1027, 9-8-98; Ord. MC-395, 7-16-84; Ord. 3604 (part),
1976; Ord.3473§3(c), 1975.)
16.12.060(Repealed by MC-395, 7-16.84.)
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[Rev.June 14,2012] 16-3
I°aake�Pg 1325 .
7.I.b
16.12.070 Maximum area of sign.
The maximum area of a political sign shall be sixteen square feet in
residential districts and thirty-two square feet in all other districts. (Ord.3604(part),
1976;Ord. 3473§3(e), 1975.)
16.12.080 Obstructing view of motorists prohibited.
A political sign shall not be affixed, erected or located at or near the curb of
any street intersection when it obstructs the view of motorists to cross traffic or d
constitutes a traffic hazard or at any location where the sign interferes with, a
obstructs the view of, or can be confused with any authorized traffic sign or
marking. (Ord.3604(part), 1976;Ord. 3473§3(1), 1975.) C
16.12.090 Affixing to utility pole prohibited. o
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Political signs shall not stapled or affixed to any public utility pole and shall R
not be located In the public right-of-way, parkway, or on publicly owned or
maintained land or property; provided,that political signs may be located in public 3
parks for not more than twelve continuous hours in conjunction with a political rally.
(Ord.3604(part), 1976;Ord.3473§3(g), 1975.)
r
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16.12.100 Use of adhesive backing. .�
Political signs which have an adhesive backing shall not be affixed directly
l to any building or structure. A political sign with adhesive backing shall first be r
�J affixed to a temporary backing of wood, paper, cardboard, plastic or similar u
material for support in order that it can be easily removed from its posted location.
(Ord.3604(part), 1976;Ord.3473§3(h), 1975.) "
0
16.12.110 Removal of signs after election.
N
All political signs shall be removed and properly disposed of not more than
ten days after the election or voting date. (Ord. MC-1239, 2-05-07; Ord.3604 (part), a
1976;Ord.3473§3(0, 1975.) m
16.12.120 Violation -Public or private property-Notice to sign owner. v
v
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If a political sign is posted on public property or In the public right of way >,
contrary to the provisions of this Chapter, it may be summarily removed by the
Director of Community Development or his or her authorized representative. If a
political sign is posted on private property contrary to the provisions of this E
Chapter, the Director of Community Development or his or her authorized
representative shall give the sign owner, or his or her agent,written notice that he
or she intends to remove the sign if the violation is not corrected, and a brief a
statement of the reason for the belief that the sign is in violation of this Chapter.
Such notice shall be served either personally or by depositing in the United States
mail addressed to the sign owner,or his or her agent,at the address shown on the
application for a permit, with postage prepaid thereon. Personal service shall be
considered effective when made and service by mail shall be considered effective
three days after depositing the notice In the United States mail as provided herein.
The sign owner, or his or her agent, may respond orally or in writing or correct the
[Rev. Tune 14,20121 16-4
Packet Pg. 1326
ordinance violation not later than one day after service of said notice. If the
ordinance violation is not corrected by the second day after the service of notice is
effected, the Director of Community Development, or his or her authorized
representative,may remove the sign. If the owner of any illegal sign, or his or her
agent,does not reply to the notice within one day after service of notice is effected,
the sign shall be deemed abandoned and may be removed on or after the second
day after service of the notice is effected as aforesaid. The person responsible for
any posting contrary to the provisions of this Chapter shall be liable for the cost
incurred in the removal thereof and the Community Development Department is
authorized to effect the collection of such cost after giving such person notice of `m
the cast and an opportunity to be heard. (Ord. MC-1027, 9-6.98; Ord. MC-395, E
7.16.84; Ord. 3064 (part), 1976;Ord.3473§30), 1975.)
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16.12.130 Signature of applicant required on statement, m
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The applicant shall sign a statement filed with the Director of Community L)
Development indicating that such person understands the political sign regulations o
and that signs which do not conform thereto are subject to removal and abatement
under the provisions of Section 16.12.120. (Ord. MC-1027, 9-8-98; Ord. 3604 (part), E
1976;Ord.3473§3(k), 1975.)
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16.12.140 Applicability. �
The provisions of this Chapter,Chapter 16.04[repealed]and Title 19,shall
not be applicable to political signs erected or posted on any occupied residential
�l premises by the property owner, lessee or tenant thereof. (Ord. MC-395, 7-16-64;
Ord.3604(part), 1976;Ord.3473§(3)(I), 1075.)
16.12.150 Violation-Penalty.
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Any person violating any of the provisions of this Chapter is guilty of an N
infraction or a misdemeanor, which upon conviction thereof is punishable in w
accordance with the provisions of Section 1.12.010 of this code. (Ord. MC-1239, m
2-05-07;Ord. MC-460, 5-13-85;Ord.3473§4,1975.) m
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Chapter 16.16
STREET BANNER PERMIT
[Rev.June 14,2012] 16-5
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Title 17
ENVIRONMENTAL PROTECTION
Chapters:
17.04 (Repealed by MC-781)
17.05 Hazardous Waste Management Plan
17.06 Water Wise Landscape Program
17.07 Water Efficient Landscape Ordinance
17.08 Mobile Source Air Pollution Ordinance
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Chapter 17.04 E
(Repealed by MC-781,4-22.91) w
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Chapter 17.05 a
HAZARDOUS WASTE MANAGEMENT PLAN o
Sections: r,
17.05.010 Applicability. m
17.05.020 Hazardous Waste Facility Defined. .1
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17.05.010 Applicability. 2
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Any application for a zoning amendment, subdivision, conditional use
permit,or variance fora hazardous waste facility shall comply with Chapter 5 of the
County Hazardous Waste Management Plan, entitled "Siting of Specified
Hazardous Waste Facilities" attached as Attachment"1" and Incorporated herein
by reference, in addition to complying with all other applicable City ordinances.
(Ord. MC-766, 12-17-90.) vi
17.05.020 Hazardous Waste Facility Defined.
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Hazardous Waste Facility, as defined in California Health and Safety Code N
Section 26117.1, means all contiguous land and structures, other appurtenances,
and improvements on the land used for the treatment, transfer, storage, resource rn
recovery, disposal, or recycling of hazardous waste. A hazardous waste facility a
may consist of one or more treatment, transfer, storage, resource recovery, d
disposal, or recycling hazardous waste management units, or combinations of F
these units. (Ord. MC-766, 12-17-90.)
Chapter 17.06 z
Water Wise Landscape Program
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Sections: E
17.06.010 Purpose and Intent. u
17.06.020 Definitions. x
17.06.030 Applicability. 4
17.06.040 Water Wise Landscape Program.
17.06.050 Administration.
17.06.060 Program Requirements.
17.06.070 Action on Application.
17.06.080 Temporary Limited Exemption From Specified Code
Provisions.
17.06.090 Fire Hazard Prohibited.
[Rev.June 14, 20121 17-1
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17.06.100 Yard Sign.
17.06.110 Certificate of Completion.
17.06.120 Failure to Timely Complete Installation.
17.06.130 Withdrawal From Program.
17.06.140 False Statement in Required Documents.
17.06.150 Severabllity.
17.06.160 CEQA Exemption.
17.06.010 Purpose and intent.
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A. The purpose of this Chapter is to encourage water conservation in the City E
of San Bernardino by facilitating the voluntary conversion of existing `m
residential landscaping to less water-Intensive landscaping. The E
provisions contained in this Chapter are intended to permit property owners
to retire existing vegetation by temporary non-irrigation of their property, c
without being subject to provisions of this Code that otherwise would
effectively preclude this practice. a
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B. Except as specifically stated in this Chapter, nothing in this Chapter shall
be construed to exempt any person or property from any otherwise
applicable provision of this Code.
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17.06.020 Definitions.
As used in this Chapter, the following terms, when capitalized, have the
ll meanings stated:
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A. "Agreement'shall mean the Water Wise Landscape Agreement described
in this Chapter.
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B. "City" shall mean the City of San Bernardino.
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C. "Code"shall mean the Municipal Code of the City of San Bernardino.
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D. "Department'shall mean the Community Development Department of the d
City of San Bernardino. i=
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E. "Director"shall mean the Director of Community Development of the City of
San Bernardino, or his or her designee.
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F. "Guidelines" shall mean the Water Wise Landscape Guidelines developed a
by the Water Resources Institute, California State University, San E
Bernardino.
G. "Permit" shall mean the Water Wise Landscaping Permit described in this 4
Chapter.
H. "Program"or"Water Wise Landscape Program" shall mean the City of San
Bernardino Water Wise Landscape Program described in this Chapter.
I. "Water Wise Landscape" shall mean a landscape that uses drought
l tolerant. California friendly landscaping In lieu of large turf areas, and that
/ uses efficient irrigation.
[Rev.June 14, 2012] 17_2
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Package;
8. Contact information for the project applicant and property owner;
9. Applicant signature, dated with the statement, 1 agree to comply
with the requirements of the Water Efficient Landscape Ordinance
and submit a complete Landscape Documentation Package".
B. Water Efficient Landscape Worksheet. Worksheet examples, sample
calculations and the Reference Evapotranspiration(ETo)Table for the City E
of San Bernardino are available in the Community Development
Department to guide preparation of required elements of the Water
Efficient Landscape Worksheet, including: E
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1. Hydrozone information table; o
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2. Water budget calculations: o
(a) Maximum Applied Water Allowance (MAWA) v
(b) Estimated Total Water Use(ETWU);
C. Landscape design plan, prepared according to Section 17.07.030;
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D. Irrigation design plan, prepared according to Section 17.07.040;
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E. Soil management report, prepared according to Section 7.07.050(A); and
■�,J) F. Grading design plan, prepared according to Section 17.07.050(B).
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17.07.070 Compliance Documentation.
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A. Certificate of Completion. Prior to issuance of a Certificate of Occupancy C.
or final inspection for a new construction project or a landscape v
rehabilitation project, a Certificate of Completion shall be submitted to the
City,signed by a licensed landscape architect to certify that: a
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1. The landscaping has been installed in conformance with the
approved planting and irrigation plans; N
2. The automatic irrigation controller has been set according to the
Irrigation schedule;
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3. The irrigation system has been adjusted to maximize irrigation E
efficiency and eliminate over-spray and runoff; and
4. A copy of the irrigation schedule has been given to the property ¢
owner.
B. Completed Landscape Documentation Packages and Certificates of
Completion shall be made available for review by the water purveyor.
Sites found to be out of compliance with the provisions of this Ordinance
l may be subject to landscape water audits and compliance enforcement by
the water purveyor.
[Rev.June 14,2012] 17-13
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Title 2
ADMINISTRATION AND PERSONNEL
Chapters:
2.01 Mayor Pro-Tempore
2.02 City Manager
2.04 Department of Human Resources
2.06 Purchasing Agent
2.08 City Treasurer
2.10 Department of Finance N
2.12 Fire Department
2.14 Department of Public Works E
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2.15 Department of Community Development
2.16 (Repealed By MC-1220, 3-20-06) E
2.17 Boards, Bureaus and Commissions - General d
2.18 Parks, Recreation and Community Services Department o
2.19 (Repealed by MC-1352, 7-20.11) U
2.20 Special Counsel Services o
2.22 Planning Commission 2
2.23 Historical Preservation Commission
2.24 (Repealed by MC-1352, 7-20.11)
2.26 Animal Control Commission °r
2.27 (Repealed by MC-1352, 7-20-11)
2.28 Board of Water Commissioners
2.30 Fine Arts Commission
2.31 Relocation Appeals Board
2.32 Board of Fire Commissioners
2.34 Board of Police Commissioners
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2.36 Police Officer Standards and Training
2.38 Police Reserve °
2.39 Human Relations Commission N
2.40 Community Development Commission d
2.41 (Repealed by MC-1190, 11-1-04)
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2.42 (Repealed by MC-1352, 7-20-11) a.
2.43 Bureau of Franchises -°
2.44 (Repealed by MC-1190, 11-1.04) ~
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2.45 Board of Building Commissioners =_
2.46 Disaster Council
2.47 (Repealed by MC-1190, 11-1-04) 0:
2.46 State Employee's Retirement System
2.49 Senior Affairs Commission E
2.50 Civil Service Rules and Regulations u
2.52 City Hall
2.54 Holidays a
2.56 Elections
2.58 Meetings
2.60 (Repealed by MC-1220, 3.20.06)
2.62 Filing of Official Bonds
2.64 Appeals to Common Council
(Rev.June 12,2012",--"-...._-�-.-.° j 2-1
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At anytime that such committee, by majority approval, decides to review any other
item or business not referred to it, the committee shall notify the Mayor and City
Manager of that decision and shall include such item in its minutes for placement
on the next Council agenda. Reasonable advance notice shall be given when
feasible. (Ord. MC-362,4-16-84; Ord. MC-345, 3-5-84.)
2.76.030 Information from City personnel.
Upon the referral of any matter by the Mayor and Common Council
committee, whether standing, permanent or temporary, or when any such
committee has determined by majority vote to inquire into any other item of d
business not referred to it, such Council committee shall have power to request, E
upon giving reasonable notice, any department head, division head, officer or
employee of the City to appear before it to provide information, data or testimony QE
and each department head, division head, officer or employee shall comply with
such request in a reasonable and timely manner. Any department head, division o
head, officer or employee of the City desiring to be placed on telephone standby L)
and agreeing to be available for a telephone call on short notice may make o
arrangements for such telephone standby with the Council office. (Ord. MC-361, 2
4-16-84; Ord. MC-345, 3-5-84.)
2.76.040 Repealed by MC-1289, 11.03-08.
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2.76.050 Assignment of Committee Members and Designation of Committee
Chairpersons.
It shall be the responsibility and duty of the Mayor Pro-Tempore to assign
Council Members to all standing committees and ad hoc committees of the
Common Council. It shall also be the responsibility and duty of the Mayor
Pro-Tempore to designate chairpersons of all standing committees and ad hoc o
committees of the Common Council. All such assignments to and membership N
on, and designation of chairpersons of, standing committees and ad hoc
committees of the Common Council shall be subject to the approval and m
appointment of the Common Council. (Ord. MC-1289, 11-03-08; Ord. MC-1267, a
4-07-08) 2
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Chapter 2.77
FACILITIES MANAGEMENT DEPARTMENT
(REPEALED BY MC-1324) E
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!BODE COMPI IANCrE or-PARTMEENT
X78.010 €stabl+sheer
2.7-8,029 BiFectcx-in:ties
[Rev.June l2.201ZApgl�,.. '^�^'^] 2-87
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2.7-8.010 Cc4ablishe1
The Code Complianee Department is PstahIh.,;hPd whigh shall be
GemplianGe shall be filled by appeintmeRt of the G ty Manager with the appreval e
2.7111020 Director- es:
that aF@ ROW OF May hPFPaftPF 149 AARfBFFgd or imposed by Gity GhaFter, law OF th
and atheF 6UGh duties as may be assigned by the City MaRager. The DireGtar N
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shall plan, GeeFdinate and report on all the dutips And aAW t As 0 nvolved sue
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Chapter 2.79
INFORMATION TECHNOLOGY DEPARTMENT
Sections: °.
2.79.010 Established.
2.79.020 Director-Duties.
1 2.79.010 Established.
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The Information Technology Department is established which shall be
administered by a Director of Information Technology. The position of Director of
Information Technology shall be filled by appointment of the City Manager with the
approval of the Common Council.
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2.79.020 Director-Duties. d
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The Director of Information Technology, under the immediate supervision
and direction of the City Manager, shall have all the powers and perform all the
duties that are now or may hereafter be conferred or imposed by City Charter, law d
or the Mayor and Common Council relating to development and maintenance of d
the City's computer systems,and other such duties as may be assigned by the City
Manager. The Director shall plan, coordinate and report on all the duties and
activities involved in such programs. E
(Ord. MG-1220, 3-02-06)
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Chapter 2.80 a
ANIMAL CONTROL DEPARTMENT
(REPEALED BY MC-1324)
Chapter 2.81
POLICE DEPARTMENT
[Rev.June 12,2012"-442,^M-2] 2-88
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TITLE 10
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10.08.020 Exemptions to authorized emergency vehicles.
The provisions of this Article regulating the operation, parking and standing of
vehicles shall not apply to authorized emergency vehicles, or authorized emergency
vehicles (privately owned),as defined in Section 10.04.010. (Ord. 1652 Art. 2§2,1941.)
Chapter 10.12
TRAFFIC-CONTROL DEVICES'
Sections:
10.12.010 Traffic signals,safety zones, turning markers and d
turns. £
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10.12.020 One-way streets and alleys.
10.12.030 Obedience to no-turn signs and turning markers. E
10.12.040 Signaling devices.
10.12.050 Enforcement. o
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10.12.010 Traffic signals,safety zones, turning markers and-turns. a
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A. The Common Council shall, by resolution, authorize:
1. The installation and maintenance of official traffic signals at such
intersections and other places as it may deem necessary for the
regulation of traffic;
2. The establishment of safety zones at such places as it may deem
necessary for the protection of pedestrians;
3. The establishment of turning markers, U-turns and right and left turns
at such places as it may deem necessary for the regulation of traffic;
provided, however, the City Engineer or Director of Public Servi6eS
Works are authorized to designate safety zones, no parking zones,
turning markers, U-turns and right and left turns in all cases of
emergency or as a temporary measure for a period of not exceeding o.
fifteen days at such place or places as such officer may deem °
necessary. The City Engineer shall erect official traffic signals at
such appropriate place or places, and the Director of Public Services
Works shall erect such official traffic signs at such place or places. d
B. The City Engineer shall install and maintain, or cause to be installed and
maintained, such official traffic signals as are authorized by the Common E
Council; the Director of Public Servises-Works shall install and maintain, or
cause to be installed and maintained, such official safety zones, tuming
markers, U-turns and right and left turns as are authorized by the Common a
Council;
I For statutory provisions on local authority to place traffic-control devices, see Vehicle
Code §21351 et seq. And §21450 et seq.
`1••• [Rev.June 12.2012",.p.fl42,4^44-2] 10-5
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C. The City Engineer is authorized to cause the placing and maintenance of
warning and control devices for public works projects being done under
contract with the City. Any person or firm performing work in a City street
pursuant to such a contract shall provide warning and control devices as may
be required in accordance with the latest edition of the "Work Area Traffic
Control Handbook' (WATCH), as promulgated by the American Public Works
Association, or as may be approved by the City Engineer. Such devices shall
be removed after completion of the work or improvement project when their
use is no longer required.
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D. The Director of Public Sewisee-Works is authorized to cause the placing and d
maintenance of warning and control devices for street cutting and street E
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improvement projects not performed under public works contract with the City. d
Designation of the types and number and placement of signs shall be the duty a
of the City Engineer or his designee, who shall file a copy of any such v
designation with the Director of Public ServisesWorks. Any person or firm o
performing work in a City street other than as a contractor on a public works
project for the City shall provide warning and control devices as may be a
required in accordance with the latest edition of the"Work Area Traffic Control
Handbook" (WATCH), as promulgated by the American Public Works
Association, or as may be approved by the Director of Public ServisesWorks.
The Director of Public Sewices-Works shall have authority to enforce the
placement and maintenance of all such traffic control devices as are
designated by the City Engineer or as are otherwise required by the Director
of Public SewiG%Works. Such devices shall be removed after completion of
the work or improvement project when their use is no longer required.
(Ord. MC-344,2-20-84;Ord. 3658, 1977;Ord. 1652 Art.3§1, 1941.) 16
10.12.020 One-way streets and alleys.
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Whenever the Common Council by resolution designates any one-way street N
or alley, the Director of Public Sewises-Works shall install and maintain signs giving
notice thereof and indicating the course to be traveled. When such signs are so R
erected,no person shall drive any vehicle in a direction contrary thereto. (Ord.MC-344, a
2-20-84;Ord. 1706, 1943; Ord. 1652 Art.3§1-A, 1941.) _ ='
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10.12.030 Obedience to no-turn signs and turning markers. c
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Whenever authorized signs are erected indicating that no right or left or U-turn
is permitted, no driver of any vehicle, except a bus, shall disobey the directions of any
such sign; and when authorized marks, buttons, or other indications are placed within
an intersection indicating the course to be traveled by vehicles turning thereat, no z
driver of any vehicle, except a bus, shall disobey the directions of such indications;
provided that such exception shall be observed as are permitted by law. (Ord. 2858, a
1967; Ord. 1652 Art. 3§2, 1941.)
10.12.040 Signaling devices.
It is unlawful for the operator of any vehicle to make a right turn in violation of
l or against a red or stop signal at any intersection in the City when a sign is erected at
l such intersection prohibiting any such right turn against a red or stop signal. The
Mayor and Common Council shall by resolution designate such intersections, and the
[Rev.Ame 12.2012a--O 1.t... ^.n--^�^'^] 10-6
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1 Director of Public OepAee° Works shall cause signs to be placed and maintained
7 prohibiting any such right turn as herein provided. (Ord. MC-460, 5-13-85; Ord, MC-344,
2-20-84; Ord. 1876, 1949; Ord. 1652 Art. 3 §3, 1941.)
10.12.050 Enforcement.
No provision of this Article for which signs are required shall be enforced
against an alleged violator if at the time and place of the alleged violation an official
sign is not In proper position and sufficiently legible to be seen by an ordinarily
observant person. (Ord. 1652 Art. 3§4, 1941)
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Chapter 10.16 E
STOPPING, STANDING AND PARKING c
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Sections: a
10.16.010 Parking time limited in certain places.
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10.16.020 Parking prohibited at any time. f)
10.16.030 Angle parking. n
10.16.040 Parking parallel on one-way streets. 9
10.16.050 Loading and unloading passengers and freight.
10.16.060 Parking spaces.
10.16.070 Twenty-minute parking. m
10.16.080 Bus and taxicab stands.
10.16.090 Stopping prohibited within certain places.
10.16.100 Unlawful parking for certain purposes. r
10.16.110 Limited parking -Alleys and narrow streets.
10.16.120 Parking of Commercial Vehicles Prohibited on Public
Streets and Rights-of-Way; Exceptions.
10.16.130 Application of other laws prohibiting the stopping, cri
standing, or parking of vehicles. c
10.16.140 Removal of ignition key. N
10.16.150 Parking enforcement.
10.16.160 (Repealed by MC-973, 7-1-96) m
10.16.170 Parking -Commissioners. a
10.16.180 Exemption to Parking Restriction - Issuing of permit. =
10.16.190 Parking - Commissioners' permits, i
10.16.200 Limited parking - Street sweeping. c
10.16.210 Parking limitations -Central City Mall.
10.16.220 (Repealed by MC-973, 7-1-96)
10.16.230 Parking Abandoned Vehicles.
10.16.240 Parking on Unpaved Parcels of Real Property E
10.16.250 Parking on Unpaved Parcels of Multi-Residential
Commercial or Industrial Property.
10.16.260 Parking of Recreation Vehicles on Public Right-of-Way, a
10.16.270 Parking Limitations - San Bernardino Baseball Stadium
Premises.
4 For statutory provisions on local parking regulations, see Vehicle Code §22500 et seq.
And §22652; for provisions on local parking curb markings, see Vehicle Code §21458;for
provisions on local traffic regulation, see Vehicle Code §21100 et seq. .
[Rev.June 12,2012"-°' °,^^4^1 10-7
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10.16.280 Parking on Off Street Parking Areas.
10.16.010 Parking time limited in certain places.
A. Whenever the Mayor and Common Council by resolution determine that any
street, alley, or portion thereof, or other property owned, leased, operated, or
controlled by the City shall be restricted or limited as to time or purpose of
parking thereon, the Director of Public Seraices-Works shall cause signs or
markings giving adequate notice thereof to be placed and maintained on such
street, alley or other property indicating such limitations or purposes as may
be provided in such resolution. d
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B. After the sign or marking has been placed pursuant to this section, it is d
unlawful for any driver of any vehicle to park such vehicle on such street,alley, a
or portion thereof, or other property for a time longer or for a purpose other
than is indicated on the sign or marking, or contrary to the restriction indicated o
on the sign or marking.
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C. The driving or moving of a vehicle from one parking space to a different
parking space in the same time-restricted street, alley, or portion thereof, or
other property, shall not be deemed a defense to the time limitations imposed
by this section.
(Ord.MC-344,2-20-84;Ord.3845§1, 1979;Ord.3837§1,1979;Ord.3328(part), 1973;Ord.
1652 Art.4§1, 1941.) .
-'-1 10.16.020 Parking prohibited at any time.
l A. Whenever the Common Council determines by resolution that the stopping,
standing or parking of any vehicle upon any street, alley, or portion thereof, or ci
upon other property owned, leased, operated, or controlled by the City, will o
create a traffic hazard or tend to create traffic congestion, the Director of ci
Public SePAGes-Works shall indicate, or cause to be indicated, such place or h
places by appropriate signs, or he shall place or cause to be placed and rn
maintained red paint upon the entire curb surface of such street, alley, or a
portion thereof, or of such property, and it thereafter is unlawful for the driver
of any vehicle to stop, stand or park such vehicle on any such street, alley, or
portion thereof, or other City property in violation of such signs or red paint.
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B. It is unlawful for any person to stop, stand or park a vehicle upon any street,
alley, or portion thereof, or other property owned, leased, operated or
controlled by the City: £
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1. Within fifty feet of the nearest rail of a railroad crossing;
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2. Within twenty feet of a crosswalk except that a bus may stop at a
designated bus stop;
3. Within thirty feet of the approach to any traffic signal, stop sign, or
l flashing beacon; or
( f 4. At any place where the City Engineer determines that it is necessary in
order to eliminate dangerous traffic hazards, such location not to
[Rev.June 12.2012"-•�"„y94-:-2, ] 10-8
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exceed fifty feet in length.
5. In front of a public or private driveway, except that a bus engaged as a
common carrier, school bus, or a taxicab may stop to load or unload
passengers when authorized by the City pursuant to ordinance.
6. On a sidewalk,except electric cars when authorized by City ordinance,
as specified in Vehicle Code Section 21114.5.
C. Whenever the Common Council determines by resolution that the parking of
any commercial vehicle or house car upon any street,alley, or part thereof, or d
upon other property owned, leased, operated, or controlled by the City, will £
create a traffic hazard,the Director of Public Seatises Works shall indicate, or d
cause to be indicated, such place or places by appropriate prohibitory signs, a
and it is thereafter unlawful for the driver of any commercial vehicle or house d
car to park such commercial vehicle or house car on any such street or alley, o
or portion thereof, or on other property in violation of such signs. U
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D. Pursuant to Section 22651 of the California Vehicle Code or other State law, 2
any vehicle parked or left standing where the Mayor and Common Council by
resolution or ordinance have prohibited such parking may be removed. No
vehicle may be removed unless signs are posted giving notice of the removal.
(Ord. MC-641, 11-7-88; Ord. MC-460, 5-13-85; Ord. MC-344, 2-20-84; Ord.3736 §t, 1978;
Ord.3328(part),1973;Ord.3315,1972; Ord.1652 Art.4 §2, 1941.)
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l 10.16.030 Angle parking.
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The Common Council is authorized to determine, by resolution, those streets
or parts of streets upon which angle parking shall be permitted (other than upon those
state highways where such parking is prohibited by the state Vehicle Code) and the C
Director of Public 9ewises--Works shall place and maintain white lines upon the N
surface of the roadway indicating the angle at which parking is permitted. (Ord. n
MC-344,2-20-84; Ord. 1652 Art.4§3, 1941.) W
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10.16.040 Parking parallel on one-way streets. d
A. Subject to other and more restrictive limitations, a vehicle may be stopped or c
parked within eighteen inches of the left-hand curb facing in the direction of d
traffic movement upon any one-way street.
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B. In the event a highway includes two or more separate roadways and traffic is E
restricted to one direction upon any such roadway, no person shall stand or
park a vehicle upon the left-hand side of such one-way roadway unless signs :q
are in place permitting such standing or parking. a
(Ord. 2768, 1966; Ord. 1652 Art.4§4, 1941.)
10.16.050 Loading and unloading passengers and freight.
It is unlawful for the operator of any vehicle to stop such vehicle for a period of
l time longer than is necessary for the loading or unloading of passengers or freight;
provided,that in no event shall such vehicle be stopped for a period in excess of three
minutes for the loading or unloading of passengers, nor in excess of forty minutes for
(Rev.June 12.2012A-- 14,20421 10-9
7.I.c
the loading or unloading of freight, in any of the following places:
1. At any curb where the grade of the street exceeds twelve percent;
2. In any alley;
3. In any loading zone, as authorized by the Gity Traffic CRgineerDirector
of Public Works; and provided further, that such vehicle is authorized
to be stopped for a period not to exceed ten minutes for the loading or
unloading of passengers immediately adjacent to hotel entrances.
(Ord. 3328(part), 1973;Ord. 1652 Art.4§5, 1941.)
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10.16.060 Parking spaces.
v
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A. The Director of Public Sewces-Works is authorized to install and maintain a
d
parking space markings to indicate parking spaces where authorized parking o
is permitted. U
a
B. When such parking space markings are placed, subject to other and more
restrictive limitation, no vehicle shall be stopped, left standing or parked other
than within a single space unless the size or shape of such vehicle makes
compliance impossible.
(Ord. MC-344,2-20-84; Ord. 3328(part), 1973; Ord. 1652 Art.4§6, 1941.)
10.16.070 Twenty-minute parking.
When the Director of Public aepAee>Works places and maintains or causes
N
to be placed and maintained authorized signs or green paint on curbs, no vehicle may
be parked for a longer period of time than twenty minutes as indicated on such signs
or by the green paint on the curbs. (Ord. MC-344, 2-20-84; Ord. 3328 (part), 1973; Ord.
1652 Art.4§7, 1941.) N
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10.16.080 Bus and taxicab stands. rn
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A. The driver of a bus or taxicab shall not stand or park upon any street in any 2
business district at any place other than at a bus stop, or taxicab stand
respectively, except that this provision shall not prevent the driver of any such
vehicle from temporarily stopping in accordance with other stopping or parking
regulations at any place for the purposes of and while actually engaged in
loading or unloading passengers.
m
B. It is unlawful for any person to stop, stand or park a vehicle other than a bus in
a bus stop when any such stop has been officially designated and
appropriately signed, except that the driver of a passenger vehicle may a
temporarily stop therein for the purpose of and while actually engaged in
loading or unloading passengers when such stopping does not interfere with
any bus waiting to enter or about to enter such zones.
(Ord. MC-460, 5-13-85;Ord. 1652 Art.4§8, 1941.)
10.16.090 Stopping prohibited within certain places.
[Rev.June 12.201^"--"<,�. 'O,r-.-a,20141 10-10
''Packet Pg. 1342
A. It is unlawful for the operator of any motor vehicle to stop such vehicle, except
when necessary to avoid conflicts with other traffic, or in compliance with the
direction of a police officer or traffic sign or signal in any of the following
designated places.
B. At any point where the adjacent curb has been painted or marked red by the
Director of Public SewisesWorks, or at any place where by other appropriate
signs, placed and maintained by the Chief of Police, notice is given that the
stopping of vehicles is prohibited.
(Ord. MC-344, 2-20-84;Ord. 1652 Art.4§9, 1941.)
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10.16.100 Unlawful parking for certain purposes. v
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It is unlawful for the operator of any vehicle to stand or park such vehicle upon a
any roadway for the principal purpose of: d
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0
A. Washing,greasing or repairing such vehicle except repairs necessitated by an
emergency; o
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B. Within the business district from which vehicle merchandise is being sold.
(Ord. MC-460,5-13-85; Ord. MC-401, 8-20-84;Ord. 1652 Art.4§10, 1941.)
m
10.16.110 Limited parking -Alleys and narrow streets.
A. It is unlawful for the driver of any vehicle to park such vehicle upon any public
street, or alley, within the City, the roadway of which is not more than 16
twenty-five feet and not less than twenty feet in width for a period of not to N
exceed thirty minutes between the hours of eight a.m. and five p.m. of any day
except Sundays and holidays.
0
B. It is unlawful for the driver, owner or operator of any truck to park such vehicle N
upon any public street or alley within the City, the roadway of which is not y
more than sixty-two and one-half feet, between the hours of six p.m. and six
a.m., except for the period of time necessary for the loading or unloading of o
passengers or freight; provided, that in no event shall such truck be stopped
for a period in excess of twenty minutes for the loading or unloading of freight.
m
C. The Chief of Police may,with the consent of the Mayor and Common Council,
permit the parking of trucks upon such streets or alleys for a period of time as
specifically set forth in the permit and upon such conditions as therein
specified. E
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D. Use of Streets for Storage of Vehicles - Generally - When Prohibited. It is
unlawful for any person who owns or has possession, custody or control of a
any vehicle to park or leave standing such vehicle upon any street or alley for
seventy-two or more consecutive hours.
E. Police officers and the Superintendent of Public Buildings, or his authorized
representatives, are authorized to remove from streets or highways or from
( l public property,within the City, to the nearest garage or other place of safety,
J or to a garage designated or maintained by the Police Department, any
vehicle which has been parked or left standing on such street or highway for
[Rev.June 12,2012A-�'�,-2 24 ^] 10-11
Packet Pg. 1343
allow such vehicle to stand upon any street, alley or parking lot upon which
there is no attendant, when such motor vehicle is unattended, without first
~ locking the ignition of the vehicle and removing the ignition key from such
vehicle.
B. Any person convicted under this section shall be punished by a fine of not less
nor more than two dollars;and such person shall not be granted probation by
the court, nor shall the court suspend the execution of the sentence imposed
upon such person.
(Ord. MC-460, 5-13-85; Ord.3880 §2 (part), 1980; Ord.2613,1964; Ord. 1652 Art. 4 §14,
1941.) w
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10.16.150 Parking enforcement.
E
A. Parking control checkers are authorized and empowered to enforce parking
regulations adopted pursuant to this Article and to issue parking control o
notices throughout the City as provided in Section 40202 of the California
Vehicle Code. a
u
B. The Director of Public WorksFaGilities Management, or his or her authorized
representatives, is authorized and empowered to enforce parking regulations
adopted pursuant to Section 10.16.160 relating to parking spaces reserved for m
handicapped persons and to issue parking control notices relating thereto as
provided in Vehicle Code Section 40202.
C. The Director of Public WorkgFaG'I't'86 Management, or his or her authorized
representative, is authorized and empowered to enforce parking regulations
adopted pursuant to Section 10.16.170 relating to parking spaces reserved for
City board or commission members and to issue parking control notices
relating thereto as provided in Vehicle Code Section 40202.
N
D. Any police officers, the Director of raG 1 ties ManagemeRt Public Works, y
parking control checkers, or any regularly employed and salaried City
employee enforcing parking laws and regulations, are authorized and a
empowered to immobilize vehicles as provided in Section 22651.7 of the
Vehicle Code of the State of California.
v
E. The Director of Pasil ties Management Public Works, or his or her authorized v
representative, is authorized and empowered to enforce parking regulations
adopted pursuant to this Chapter and to issue parking control notices
throughout the City of San Bernardino as provided in San Bernardino E
Municipal Code Sections 15.24.040.A.5., 15.24.040.A.6., 15.24.050.A.5.,and
15.24.050.A.6. m
a
F. The Code Compliance Manager, or his or her authorized representatives, is
authorized pursuant to Section 22651 of the California Vehicle Code or other
State law to remove any abandoned motor vehicle, trailer or dolly parked,left
standing or abandoned upon any street,alley, off-street public parking facility,
or other property owned, leased, operated and/or controlled by the City for
> seventy-two (72) or more consecutive hours.
J (Ord. MC-993, 4-21-97; Ord. MC-762,11-26-90; Ord. MC-641,11-7-88; Ord. MC-547,
10-20-86; Ord. MC-541, 8-19-86; Ord. 3855 §1, 1979; Ord. 3844 §t, 1979; Ord. 3733 §1,
[Rev.dune 12.2012"--"., ^,2412] 16-14
1978;Ord.3555. 1976; Ord.3497, 1975; Ord.2754, 1966;Ord. 1652 Art.4§15, 1941.)
10.16.160 (Repealed by MC-873,7-1-96)
10.16.170 Parking -Commissioners.
When the City TFaffio Enginee0rector of Public Works places and maintains
or causes to be placed and maintained authorized signs or markings on, in or about
public parking spaces designating the spaces to be available and reserved for
vehicular parking by City board or commissioner members only, no vehicle other than
those with a permit pursuant to Section 10.16.190 shall be parked in any such parking v
space so marked, signed or designated. (Ord. MC-42, 1981; Ord. 3880 §2 (part), 1979; E
Ord. 3855§2,1979; Ord. 3543(part), 1975; Ord.1652 Art.4§17,1941.)
E
10.16.180 Exemption to parking restrictions - Issuing of permit. a
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A. Notwithstanding any other provision of this Chapter limiting or restricting the U
parking or standing of vehicles on certain streets or highways, or portions 6
thereof, during all or certain hours of the day, vehicles displaying the .2
appropriate preferential parking permit as hereafter provided may park on
streets designated by resolution and shall not be subject to applicable parking
limitations or restrictions; provided, however, such exemption shall not be
permitted at loading zones or when parking is completely prohibited under all
circumstances.
B. The Director of FaGilities ManagementPublic Works/Parking Control shall
,4 issue a preferential permit not to exceed four permits per dwelling, to persons
whose residence is adjacent to designated streets in a time limit parking zone
when permitted by resolution and upon application therefor. A fee shall not
be required for issuance or reissuance of any preferential parking permit. o
N
The permits shall be valid for only the same block upon which the residence or y
business is located or in cases of corner locations, the permits shall be valid m
on the two contiguous blocks. The permits shall be valid for the period a
specified thereon.
The permit shall be displayed on the vehicle as directed by the Director of
Public Works/Parking Control. v
u:
C. The Director of Public Works shall issue a preferential
parking permit to validated employees who have signed a car pooling contract £
with the City. Permits are to be validated every six months, during June and
December of each year.
a
The permits shall only be valid for the fourth level of the City Hall Five Level
Parking Structure and designated spaces at the City Yards, the Central Police
Station and the Norman Feldheym Central Library.
The permit shall be displayed on the vehicle as directed by the
l Facilities Manager.
J D. For all permits Issued under this section, the Director of Racilkies
ManagamentPublic Works shall keep a record of each permittee's name,
[Rev.Tune 12,2012 p "=- -2o.^'2] 111-15
'. PacketPg..1345
address,vehicle license plate number, California drivers license number, date
of issuance, expiration date, if any, and any other information required for the
proper administration of the issuance of permits.
(Ord. MC-1131, 11-04-02; Ord. MC-875, 6-7-93; Ord. MC-855, 12-21-92; Ord. MC-843,
6.20-92;Ord.MC-738, 8-6-90.)
10.16.190 Parking -Commissioners' permits.
A. The Superintendent of Public Buildings/Parking Control shall issue a permit to
all City Board and Commissioner members.The permit shall be effective for a
one-year period and shall be annually renewed prior to the expiration of the d
one-year period. The permit shall expire and shall be of no further force and E
effect when the person to whom it is issued ceases to be a member of the City
Board or Commission. A decal or sticker, with the expiration date printed E
thereon, shall be affixed to the rear left bumper of the vehicle. The City Clerk a
shall provide the Superintendent of Public Buildings/Parking Control with a o
current list of all Board and Commissioner members, and shall keep such list
current by providing names of new board and commission members as n
appointed or name of any board and commissioner members removed.
E
B. For all permits issued under this section, the Superintendent of Public
Buildings/Parking Control shall keep a record of the name, address, vehicle
license plate number, California driver's license number, type of permit,
date of issuance, expiration date, and any other information required for the
proper administration of the issuance of permits.
(Ord. 3880§2(part), 1979;Ord. 3855§4, 1979; Ord.1652 Art.4§19. 1941.) ac
10.16.200 Limited parking -Street sweeping.
M
The Director of Public SewisesWorks is authorized to prohibit parking on B
designated City streets and private streets open for public use,for limited periods of N
time on designated days, for street sweeping purposes, when debris or refuse on a H
given street has accumulated. The Director of Public Sewises-Works is authorized "rn
to install at any such street or streets signs giving notice that no person shall stand, a
stop or park a vehicle, except as provided on such signs.Whenever authorized signs v
are in place giving notice that stopping, standing or parking is prohibited during such
hours on such days as are indicated on such signs, it is unlawful for any person to c
stop or park any vehicle at any time during such hours on such days. (Ord. MC-344, v
2-20-84; Ord. 3880§1,1979; Ord.1652 Art.4§20, 1941.)
10.16.210 Parking limitations -Central City Mall,
E
The Superintendent of Public Buildings/Parking Control is authorized to M
prohibit vehicular parking in any parking area of the Central City Mall, except for the a
parking of motor vehicles during the period of time such person or the occupants of
such vehicle are customers or invitees of the retail and business establishments in the
Central City Mall. The Superintendent of Public Buildings/Parking Control shall install
and maintain at each entry to the parking area of the Central City Mall, authorized
signs giving notice that no person shall stop, stand or park a motor vehicle in any
l parking area of the Central City Mall, except as provided on such signs. Whenever
authorized signs are in place giving notice, it is unlawful for any person to stop, stand
or park any motor vehicle in such parking area of the Central City Mall except during
[Rev.June 12.2012"-°�'r.p.. 2,—NI2) 10-16
Packet Pg. 1346
the period of time of such person or occupants of such vehicle are customers or
invitees of the retail and business establishments of the Central City Mall. Any
person violating this section shall be deemed guilty of any infraction and upon
conviction thereof shall be fined as set forth in Section 10.44.010.
The provisions of this section shall not be applicable in parking areas of the
Central City Mall specifically reserved for employee parking or for use of business
invitees of the buildings known as the Andreson and Woolworth Buildings. (Ord.
MC-415, 10-15-84.)
I/1
10.16.220 (Repealed by MC-973, 7-1-96)
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10.16.230 Parking Abandoned Vehicles.
E
A. It is unlawful to park, leave standing or abandon any motor vehicle, trailer or a
d
dolly upon any street, alley, off-street public parking facility, or other property o
owned, leased, operated and/or controlled by the city for seventy-two (72) or u
more consecutive hours. m
a
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B. It is unlawful to park, leave standing, or abandon a vehicle upon private
property without the express or implied consent of the owner or person in
lawful possession or control of the property for seventy-two (72) or more
consecutive hours.
C. Any person convicted of a violation of this section shall be punished by a fine
of not less than One Hundred Dollars ($100.00) and shall provide proof that
the costs of removal and disposition of the vehicle have been paid. No part of L6
any imposed fine shall be suspended pursuant to Section 22523 of the
California Vehicle Code.
(Ord. MC-668, 7-17-89) o_
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10.16.240 Parking on Unpaved Parcels of Real Property. a
d
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A. A person shall not stop, stand or park a vehicle on any unpaved parcel of real a
property; provided however, that nothing in this section shall be construed to d
prevent the parking of a vehicle in a residential zone on an unpaved driveway
or a drive approach to a garage or other durable or permanent driveway or
pad installed for the purpose of parking such vehicle on a parcel of real v
property which is not subject to Section 19.24.060(18) of the City of San
Bernardino Development Code at the time of violation.
v
B. Those persons authorized to issue citations pursuant to Municipal Code
Section 9.90.010 arend any police officer, any parking control checker, and
*eor anv , code enforcement officer erpis a
AF her authorized representative, is authorized and empowered to enforce this
parking regulation and to issue parking control notices related thereto as
provided in Vehicle Code Section 40202.
(Ord. MC1064, 1-10-00)
l 10.16.250 Parking on Unpaved Parcels of Multi-Residential, Commercial or
J Industrial Property.
[Rev.June °
12.2012"--x'^,2,K2] 10-17
Packet Pg. 1347.
\� A. A person shall not stop, stand or park a vehicle on any unpaved parcel of
multi-residential, commercial, or industrial property; provided however, that
this ordinance shall not apply in instances where a Temporary Use Permit has
been granted under Development Code Section 19.70.020(9).
B. The Police Chief, or his or her authorized
representatives, is authorized and empowered to enforce this parking
regulation and to issue parking control notices related thereto as provided in
Vehicle Code Section 40202.
(MC-1072,5-1-00) w
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Section 10.16.260 Parking of recreation vehicles on public right-of-way, �E
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A. Recreation vehicles may be temporarily parked on public right-of-ways in front E
of residences for not more than 48 continuous hours for the purposes of d
loading or unloading. Forty-eight hours must elapse before the start of anew o
forty-eighty hour period, together with movement of the vehicle a distance of
at least 500 feet. o
.2
B. The DIFeGleF ef FaGilitles ManagameatPofice Chief, or his or her authorized
representative, is authorized and empowered to enforce this parking
regulation and to issue parking control notices related thereto as provided in
Vehicle Code Section 40202.
10.16.270 Parking Limitations - San Bernardino Baseball Stadium
Premises.
Vehicular parking is prohibited in any parking area of the San Bernardino
Baseball Stadium except for the parking of motor vehicles during the period of time
that the occupants of such vehicle are licensees or invitees of events occurring at the
San Bernardino Baseball Stadium premises. The Director of Fadikoes N
ManagernentPublic Works shall install and maintain at each entrance to the parking
area of the San Bernardino Baseball Stadium authorized signs giving notice that no
person shall stop, stand or park a motor vehicle in any parking area of the San a
Bernardino Baseball Stadium, except as provided on such signs. Subsequent to the
initial posting of authorized signs giving notice, it is unlawful for any person to stop,
stand or park any motor vehicle in such parking area of the San Bernardino Baseball
Stadium except during the period of time the occupants of such vehicle are licensees v
or invitees of the events occurring at the San Bernardino Baseball Stadium premises.
Any person violating this section shall be deemed guilty of an infraction and upon
conviction thereof shall be fined as set forth in Section 10.44.010. (MC-1076,7-10-00; E
MC-1068.4-17-00)
m
10.16.280 Parking on Off Street Parking Areas. a
A. A person shall not park, or display a vehicle in a public or private off street
parking area, including paved vacant lots, for the purpose of the sale, lease,
display, repair or storage of said vehicle, unless said lot has received all
necessary approvals, permits and business registration for said sale, lease,
display, repair or storage of vehicles.
B. For this section, the term "vehicle" includes, but is not limited to: cars, vans,
trucks, trailers, boats, campers and recreation vehicles.
[Rev.June 12.2012 -2;26141 10-18
Packet Pg. 1348
z.l.e
C. Those persons authorized to issue citations pursuant to Municipal Code
Section 9.90.010, any police officer, any parking control checker, and the
Director of Fadlities ManagementCommunity Development, or his or her
authorized representative, is authorized and empowered to enforce this
parking regulation and to issue parking control notices related thereto as
provided in Vehicle Code Section 40202.
(Ord. MC-1116, 2-19-02)
Chapter 10.20
SPECIAL STOPS5 c
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Sections:
10.20.010 Stop sign erection. E
10.20.020 Stop at through street or stop intersection. ¢
d
10 20.030 Emerging from alley or private driveway, o
U
10.20.010 Stop sign erection. o.
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Whenever any ordinance or resolution of this City designates and describes
any street or portion thereof as a through street, or any intersection at which vehicles
are required to stop at one or more entrances thereto, the Director of Public SeWiee6
Works shall erect and maintain stop signs as follows:
A. A stop sign shall be erected on each and every street intersecting such
through street or portion thereof so designated and at those entrances of other
intersections where a stop is required.
B. Every such sign shall be placed at or near the entrance to the highway or
intersection where a stop is required and every such sign shall conform to the
requirements of the Vehicle Code. N
(Ord. MC-344, 2-20-84; Ord. 1652 Art. 5§1, 3-17-41.)
v
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10.20.020 Stop at through street or stop intersection. v
When stop signs are erected, as provided in this Article,at the entrance to any
intersection, every driver of a vehicle and every motorman of a street car shall stop at v
every such sign, before entering the intersection,except when directed to proceed by
a police officer or traffic-control signal. (Ord. 1652 Art. 5§2, 3-17-41.)
v
10.20.030 Emerging from alley or private driveway. u
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n
5 For statutory provisions on local authority to regulate stops at through streets and stop
intersections, see Vehicle Code §21101.
[Rev.June 12,201ZApFR44,,24121 10-19
10.24.030 Operation of vehicle prohibited when fire apparatus in
operation.
When any fire apparatus is engaged in extinguishing a fire, it is unlawful for
any person to operate any vehicle upon the same street, so as to approach within
three hundred feet of such fire apparatus. (Ord. 1652 Art. 6§3, 1941)
10.24.040 Certain vehicles prohibited in the business district.
A. It is unlawful for the operator of any of the following vehicles to drive the same
in the business district between the hours of seven a.m. and six p.m. of any d
day except Sunday: E
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1. Any vehicle so loaded that any part of its load extends more than E
three feet to the front or more than ten feet to the rear of the vehicle; v
except with written permit of the Chief of Police; o
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2. Any vehicle used exclusively for advertising purposes. o-
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B. The Director of Public SewisesWorks is authorized to establish over an
appropriate street or streets, and to designate by appropriate signs, through
traffic routes for the movement of vehicles of two or more tons capacity
designed for carrying merchandise, freight or material. When any such
through traffic routes are established and designated by appropriate signs,the
operator of any vehicle mentioned in this section shall drive on such route or
routes, and none other, except when it is reasonably necessary.
(Ord. MC-344,2-20-84; Ord. 1652 Art. 6 §4, 1941.) ,ri
10.24.050 Crossing fire hose.
C
It is unlawful for any person to drive any vehicle over any unprotected hose of N
the Fire Department when laid down on any street, private driveway or street car
track, to be used at any fire or alarm of fire, without the consent of the Fire
Department. (Ord. MC-460, 5-13-85;Ord, 1652 Art. 6§5, 1941.) a
d
10.24.060 Unlawful to drive through procession.
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It is unlawful for the operator of any vehicle or street car to drive between the d
vehicles comprising a funeral procession or other authorized procession, provided
that such vehicles are conspicuously so designated. (Ord. 1652 Art. 6 §6, 1941.) c
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10.24.080 (Repealed by MC•460.)
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10.24.090 Skateboards, skates, etc., restricted. a
It is unlawful for any person to ride upon or use in any manner any coaster,toy
vehicle, roller skate, skates, skateboard or other kindred contrivance or device upon
any sidewalk within a business district of the City or upon any public roadway in the
City. (Ord. 3554, 1976; Ord. 1652 Art. 6§9, 1941.)
10.24.100 Use of coasters and similar devices restricted.
[Rev.June 12. 2012"-efl4 ,2=j 10-21
Packet Pg.1350``.
10.24.180 Speed limit on public grounds.
It is unlawful for any person to drive or operate a motor vehicle on any
roadway, road, alley or way, or upon the grounds of a public park, playground or
public school or of a county or municipal institution or building, or of an educational
institution or building, at a speed in excess of fifteen miles per hour. (Ord. MC-460,
5-13-85;Ord. 2579 (part), 1964; Ord. 1652 Art. 6§20, 1941.)
10.24.190 Commercial Vehicles Prohibited on Certain Streets.
A. Pursuant to the authority and restrictions of Vehicle Code Sections 35701, et E
v
seq., no person shall operate or drive any commercial vehicle upon the
following streets, and the Traffic Engineer shall cause appropriate signage to E
be erected giving notice thereof:
0
0
1. Palmyra Drive between Sierra Way and Sonora Drive; U
2. Arlington Drive between Palmyra Drive and its terminus three hundred o
feet to the southeast;
3. Lugo Avenue between Palmyra Drive and Ralston Avenue;
4. Thirty-Ninth Street between Lugo Avenue and its terminus
two-hundred ninety feet to the east;
5. Thirty-Ninth Street between Palmyra Drive and Belle Street;
6. Ralston Avenue between Waterman Avenue and Sonora Drive;
7. Belle Street between Ralston Avenue and Thirty-Ninth Street;
8. Sonora Drive between Palmyra Drive and its terminus two-hundred
sixty feet to the southeast;
9. Sonora Drive between Palmyra Drive and its terminus two-hundred M
sixty feet to the southeast;
10. Twenty-Fourth Street between Lincoln Drive and "I" Street;
11. Twenty-Fifth Street between Lincoln Drive and "I" Street;
12. Twenty-Sixth Street between Lincoln Drive and "I" Street;
13. "1"Street between Twenty-Third Street and Twenty-Seventh Street;
14. Davidson Street between Tippecanoe Avenue and Richardson Street; a
15. Hardt Street between Tippecanoe Avenue and Richardson Street; d
16. Gould Street between Tippecanoe Avenue and Richardson Street; ~
17. Coulston Street between Tippecanoe Avenue and Richardson Street;
18. Tia Juana Street between Fourth Street and Fifth Street;
d
19. Cabrera Avenue between Fourth Street and Fifth Street;
20. Kingman Street between Tia Juana Street and Mt. Vernon Avenue. v
21. Poplar Street between Pepper Avenue and Meridian Avenue. E
22. Meridian Avenue between Mill Street and the end of Meridian Avenue
north of Walnut Street. r
23. Mt. Vernon Avenue between 5'^ Street and 2nd Street (Mt. Vernon a
Avenue Bridge), except for commercial pickup trucks, vans, and
passenger cars.
(Ord. MC-1283, 09-02-08)
B. Pursuant to the authority and restrictions of Vehicle Code Sections 35701, at
( � seq., no person shall operate or drive any vehicle exceeding a maximum
l gross weight limit of ten thousand pounds upon the following streets, and the
�... Director of Public Sew sesWorks shall cause appropriate signs to be erected
[Rev.June 12.2012"--"r.P -�] 10-23
Packet Pg. 1351
giving notice of such weight limitation prohibition:
1. Airport Drive;
2. Arrowhead Avenue, between Marshall Boulevard and Kendall Drive;
3. Businesscenter Drive;
! 4. Commercenter Circle;
5. Commercenter East;
6. Commercenter West;
7. Diners Court;
8. San Bernardino Civic Plaza Access Loop;
9. Sunwest Lane, between Hospitality Lane and"E" Street. d
E
C. Pursuant to the authority and restrictions of Vehicle Code Sections 35701, d
35703, at seq., no person shall operate or drive any commercial vehicle E
having a manufacturer's Gross Vehicle Weight rating (GVWR) exceeding d
thirty thousand (30,000)pounds upon the following streets,and the Director of
Public SewieesWorks shall cause appropriate signs to be erected giving .
notice of such weight limitation prohibition: a
U
1. 401h Street, east of Harrison Street for a distance of five hundred (500)
feet;
2 401h Street,west of Waterman Avenue to Acacia;
3. Valencia Avenue, between 40'h Street and 30"' Street;
i 4. Parkside Drive, between 40"Street and 30"' Street;
i
S. Sierra Way, from the Highway 18 junction to 30" Street;
6. Mountain View Avenue, from its merge with Electric Avenue to 30"'
i Street;
7. Electric Avenue, from 40"' Street to its merge with Mountain View
Avenue;
8. Hospitality Lane, from E Street to Waterman Avenue; °
9. Hunts Lane, from Hospitality Lane to E Street
(Ord. MC-1139,03-03-03;Ord. MC-1133, 11-18-02; Ord. MC-1110, 12-03-0 1;Ord.MC-1079,
8-21-00; Ord. MC-1046; 5-3-99; Ord. MC-465, 7-1-85; Ord. MC-344, 2-20-84; Ord. MC-80,
1981; Ord.3718, 1978; Ord. 2916, 1968; Ord. 1652 Art. 6§21, 1941.) a
d
10.24.200 Municipal parking lots and structures.
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A. A municipal parking facility is a parking lot, parcel of land, facility, garage or v
structure owned, leased or operated by the City, or in which the City has a
possessory right of interest,and which is used as a municipal or public parking
facility for the off-street parking of vehicles.
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B. It is unlawful in any municipal parking facility for any person to park or leave
standing any vehicle, whether attended or unattended, in any driveway, aisle, a
walk or area other than entirely within a designated parking space or in any
location or position across any line or marking designating a parking space.
C. It is unlawful in any municipal parking facility for any person to drive a vehicle,
upon any driveway, aisle,walk or area in a direction contrary to the direction of
l travel indicated by arrows or marking painted or placed thereon.
J D. It is unlawful in any municipal parking facility for any person to drive a vehicle
[Rev.June 12.2012"-«11. .1--,"^1�] 10-24
at a speed greater than is reasonable and prudent having due regard for the
weather, visibility, the traffic on and the surface and width of the driveway or
aisle or in any event to drive the vehicle at a speed which endangers the
safety of persons or property.
E. It is unlawful in any municipal parking facility for any person to drive a vehicle
at a speed greater than ten miles per hour.
F. The provisions of this section shall not relieve any person from the duty to
observe other and more restrictive provisions of the Vehicle Code or local
ordinance or of any special condition or regulation imposed by the Mayor and
Common Council, GRY Traffic EngineeF, or Director of Public ServieesWorks E. E
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G. It is unlawful for any person to ride upon any bicycle, roller skate or E
skateboard, or other kindred contrivance in any municipal parking facility as m
defined in Subsection A of this section except a municipal parking facility 0
located in a municipal park or play-ground.
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H. The provisions of this section shall not apply to a police officer in the
performance of his duties.
(Ord. MC-811, 11-4-91;Ord.MC-460,5-13-85;Ord. MC-344,2-20-84;Ord.3538, 1975; Ord.
3329, 1973; Ord. 1652 Art.6§22, 1941.) (City Attorney Opinion No. 91-26)
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10.24.210 Cruising regulations.
A. No person shall drive a motor vehicle on a street or highway past a traffic 16
J control point in traffic which is congested at or near the traffic control point,as 16
determined by the ranking peace officer on duty within the affected area,three
or more times in one direction within a three hour period and after a peace
officer has given written notice to said person passing the control point the
second time that passing the control point a third time shall constitute a N
misdemeanor in violation of this section. The beginning and end of the portion
of the street or highway subject to cruising controls shall be clearly identified
by signs that state the appropriate provisions of Section 21100(K) of the a
California Vehicle Code and this section.
B. This section shall not apply to the vehicle operators of the following vehicles: E
emergency vehicles as defined in Section 165 of the California Vehicle Code, v
taxicabs for hire, buses,vehicles being driven for business purposes, and any
publicly owned or leased vehicle of any city, county, district, state, or federal
agency. E
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C. Any person, firm or corporation violating any provision of this section is guilty w
of a misdemeanor which upon conviction thereof is punishable in accordance a
with the provisions of Section 1.12.010 of this Code.
(Ord. MC-574,1-5-87.)
10.24.220 Traffic diversion.
A. If a peace officer determines pursuant to California Vehicle Code Section
21101.2 and this section that the traffic load on a particular street or highway
[Rev.June «
12.2012° •". 91-2,44] 10-25
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The Common Council may by resolution establish at the intersections of
certain streets the "Scramble System" of traffic control for pedestrians, and the
Director of Public SeFviceBWorks is authorized and required to install and maintain
the necessary traffic controls, and/or signs at or near such intersections, and the
Director of Development Services is authorized and required to install and maintain
the necessary traffic signals. (Ord. MC-1027, 9-8.98; Ord. MC-344, 2-20-84; Ord. 2288,
1960; Ord. 1652 Art. 7§6, 1941.)
Chapter 10.32 w'
BUSES AND RAILROAD TRAINS d
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Sections:
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10.32.010 Boarding or alighting from buses. m
10.32.020 Unlawful riding. $
10.32.030 Railway trains and street cars not to block street.
10.32.040 Speed of trains and cars upon public streets. a
10.32.050 Speed of trains over right-of-way. 2
10.32.060 Railway gates.
10.31010 Boarding or alighting from buses. �
It is unlawful for any person to board or alight from any bus while such bus is in
motion. (Ord. MC-460, 5-13-85.)
10.32.020 Unlawful riding.
It is unlawful for any person to ride on any bus upon any portion thereof not
designed or intended for the use of passengers. This provision shall not apply to any
employee engaged in the necessary discharge of a duty. (Ord. MC-460, 5-13-85.) `✓
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10.32.030 Railway trains and street cars not to block street.
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It is unlawful for the operator of any steam, interurban, or street railway train or s
car to operate the same in such a manner as to prevent the use of any street for ~
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purposes of travel for a period of time longer than eight minutes. (Ord. 1652 Art. 6§3, E
1941.) a
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10.32.040 Speed of trains and cars upon public streets. c
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It is unlawful for any person, firm or corporation to operate, permit or cause to
be operated any engine, train, locomotive, steam train, electric car or electric train
over, across, upon or along any public street within the City except as specifically a
provided in Section 10.32.050, at a rate of speed greater than one mile in three
minutes. (Ord. 1652 Art. 8§4, 1941.)
10.32.050 Speed of trains over right-of-way.
It is unlawful for any person, firm or corporation to operate, permit or cause to
be operated any engine, train, locomotive, steam train, electric car or electric train
upon the right-of-way now owned and operated by the Atchison, Topeka & Santa Fe
(Rev.June 12,2012"-°42-x^1-2] 10-28
Packet Pg. 1354
Railway, while crossing over, upon or along any public street within the City at a rate
of speed greater than thirty miles per hour,except that the speed may be increased to
a rate of speed not greater than forty miles per hour In that section north from
Baseline to the limits of the City. (Ord. 1652 Art. 8 §5, 1941.)
10.32.060 Railway gates.
It is unlawful for any person to drive any vehicle through or under any safety
gate or railroad barrier which is maintained at a railroad crossing for the purpose of
warning persons of the approach of a train or car, while such gate or barrier is closed
or while it is being opened or closed. (Ord. MC-460, 5-13-85; Ord, 1652 Art. 8 §6, 1941.)
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Chapter 10.36 E
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LOADING ZONES, BUS STOPS, AND CROSSWALKSB d
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Sections:
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10.36.010 Loading zones and bus stops to be painted or marked. o
10.36.020 Authorization to establish crosswalks. L)
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10.36.010 Loading zones and bus stops to be painted or marked. .2
The City Engineer shall determine, and the Director of Public Serv]eesWorks
shall mark, the location of all loading zones and bus stops by causing the adjacent n
curb to be painted or marked respectively yellow, white and red; that portion so
marked yellow shall be established as a loading zone, and the curb surface so
painted yellow shall have thereon in black letters the words "loading zone," and such
1 loading zone so located and marked shall be used only as a place for the loading or
unloading of passengers or freight, subject to the limitations prescribed; that portion L6
painted white shall be established as a passenger loading zone, and the curb surface M
painted white shall have thereon in black letters the words"passenger loading zone,"
and such passenger loading zone so located and marked shall be used only as a °
place for the loading or unloading of passengers; that portion painted red shall have
thereon in white letters the words "bus stops," and such bus stop so located and d
marked shall be used only as a place for the loading and unloading of passengers, A
subject to the limitations herein prescribed,and the City Engineer may determine,and a
the Director of Public SeatisesWorks shall mark, the location in front of and adjacent
to hospitals, police stations and theaters where it is unlawful to stop, stand or park a
vehicle by causing the adjacent curb to be painted or marked red. (Ord. MC-344, `-
2-20-84; Ord. 1730, 1945; Ord. 1652 Art. 9§i, 1941) d
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10.36.020 Authorization to establish crosswalks, c
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The City Engineer is authorized and required to establish crosswalks,
approximately equal in width to the adjacent sidewalk at all intersections, or between a
intersections,where in his opinion there is a particular danger to pedestrians crossing
the roadway, and when so designated by the City Engineer, the Director of Public
SePAG%Works shall designate the crosswalks upon the surface of the roadway by
white painted lines. (Ord. MC-344,2-20-84; Ord. 1652 Art. 9§2, 1941.)
$For statutory provisions on local parking curb markings, see Vehicle Code §21458; for
provisions on local authority to establish crosswalks, see Vehicle Code §21106.
[Rev.June 12,2012 pg- ^,^^h] 10-29
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Chapter 10.40
DAMAGE TO PROPERTY
Sections:
10.40.010 Report required.
10.40.020 Accident reports confidential.
10.40.010 Report required.
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The driver of a vehicle, or the person in charge of any animal, involved in any v
accident resulting in damage to any property, publicly owned, including but not limited E
to any fire hydrant, ornamental lighting post or ornamental shade tree, located in or d
along any street or within any public park; or resulting in damage to any property E
owned by any public utility, including but not limited to a telephone pole, electric light
or power pole,where the damage exceeds twenty-five dollars, shall within twenty-four o
hours after such accident make or cause to be made a written report of such accident U
to the Police Department of the City upon forms furnished by the Police Department. o
(Ord. 1652 Art. 10§1, 1941.)
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10.40.020 Accident reports confidential.
All required accident reports shall be without prejudice to the individual so
reporting and shall be for the confidential use of the Police Department, except that
the Police Department shall disclose the names and addresses of persons involved
11 in, or witnesses to,an accident,the registration numbers and descriptions of vehicles
involved,and the date, time and location of an accident,to any person who may have
a proper interest therein, including the driver or drivers involved, or the legal guardian M
thereof, the parent of a minor driver, the authorized representative of a driver, or to
any person injured therein, and the owners of vehicles or property damaged thereby, °
or all of them. No such report shall be used as evidence in any trial, civil or criminal, N
arising out of an accident, except that the department shall furnish upon demand of
any person who has, or claims to have, made such a report or upon demand of any R
court, a certificate showing that a specified accident report has or has not been made a.
to the Police department solely to prove a compliance or a failure to comply with the
requirement that such a report be made to the Police Department. (Ord. 1652 Art. 10 ~
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§3, 1941.) c
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Chapter 10.44
VIOLATION - PENALTY c
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Sections: v
10.44.010 Violation - Penalty.
10.44.020 Delinquent parking citations. a
10.44.010 Violation - Penalty.
Any person violating any provision of Title 10,Article I of this Code or any rule
or regulation made by the Common Council by resolution or by the City Engineer or
( � Director of Public SewicesWorks pursuant thereto is guilty of an infraction, which
upon conviction thereof is punishable in accordance with the provisions of Section
1.12.010 of this Code. (Ord.MC460,5.13-65;Ord.MC-344,2-20-64;Ord.3036, 1969;Ord.
[Rev.June 12.2012"--f'4^,2=] 10-31
WATERMAN AVENUE: Between Barton Road and Central Avenue.
(Ord. MC-1341, 1-6-11; Ord. MC-1082, 9-5-00; Ord. MC-1067, 3-6-00; Ord. MC-992, 4-7-97;
Ord. MC-988, 12-16-96; Ord. MC-907,7-5-94;Ord. MC-587, 3-23-87; Ord. MC-438,2-18-85;
Ord. MC-93, 1981;Ord.2265(part), 1973; Ord.2105§3%:, 1956.)
10.52.055 Fifty-five miles per hour.
In accordance with and pursuant to the authority of Sections 22357, 22358,
and 22360, of the California Vehicle Code, the Mayor and Common Council do
hereby determine and declare upon the basis of an engineering and traffic
investigation that a prima facie speed limit of fifty-five miles per hour shall be v
established upon the following streets or portions thereof in the City: E
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BASE LINE STREET: Between Meridian Avenue and California Street.
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(Ord. MC-988, 12-16-96) a
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10.52.060 Erection of signs. c0
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The Director of Public ServisesWorks is ordered and directed to erect and
maintain or cause to be erected and maintained appropriate signs giving notice of the
prima facie speed limits established in this chapter along such streets. (Ord. MC-344,
2-20-84; Ord.2392. 1961; Ord.2105§4, 1956.)
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Chapter 10.56
NOISE LIMITS" �
Sections:
10.56.010 Incorporation of state statutes.
10.56.020 Muffler requirement. M
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10.56.010 Incorporation of state statutes.
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A. It is unlawful for any person to operate on public or private property other than rn
public streets or highways a motorcycle, motor-driven cycle, or any other a
motor vehicle at any time or under any condition of grade, load, acceleration v
or deceleration in such a manner as to exceed the noise limits established in
Section 23130 of the Vehicle Code for such motorcycle, motor-driven cycle or
other vehicle based on a distance of fifty feet from the path of travel within the
speed limits specified in Section 23130.
B. The provisions of Section 23130 of the Vehicle Code of the State are
incorporated by reference and made a part of this Chapter wherever such u
provisions may be made applicable without contravening Subsection A of this A
section; and any words and phrases contained in this section shall have the
same meanings as are set forth in the Vehicle Code for such words and
phrases when such meanings are not in conflict with the intent of Section
23130.
(Ord. MC-460, 5-13-85; Ord.3086(part), 1970;Ord. 821 §710(a),1921.)
` For statutory provisions on noise limits,see Vehicle Code§§23130 and 23130.5.
[Rev.Tune 12,2012Agri142�2] 10-40
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TITLE 12
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Title 12
STREETS, SIDEWALKS AND PUBLIC PLACES
Sections:
12.03 Right-of Way Permits - Excavations and Temporary
Encroachments.
12.04 (Repealed by MC-1004, 10-20-97)
12.08 (Repealed by MC-1004, 10-20-97)
12.12 Telegraph and Telephone Poles -Underground
Utilities. �+
12.16 Datum Plan. m
12.20 Public Projects. Eo
12.24 Public Works Contracts.
12.28 Improvements. E
12.30 Sight Distance Requirement. d
12.32 House Numbers. o
12.36 Streets Grades. U
12.40 Street Trees. n
12.44 Obstructions. .2
12.48 Bridges.
12.52 Fire Hydrants.
12.56 Parades.
12.60 Vending Near Public Schools.
12.64 Motion Picture and Television Production Permits. A
12.68 Park and School Grounds.
12.72 Clocks.
12.76 Seccombe Lake Park.
12.80 Public Parks and Recreational Facilities. M
12.84 Off-Street Public Parking.
12.88 Hang Gliding. °
12.90 Establishment, Financing and Operation of Assessment N
Districts.
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12.92 Construction and Maintenance of Sidewalks, Curbs °
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and Driveways. a
12.93 City Participation in Sidewalk/Curb Repair and Sewer °-
Connection Costs. ~
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12.94 Improvement Districts.
12.95 Substandard Driveway Approach.
12.96 Installation and Maintenance of Landscaped Frontages
on City Rights-of-Way and Within the Building Set-back w
Area up to a Maximum of Twenty (20) Feet.
12.98 Camping on Public Streets and Parks.
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[Rev. June 12, 2012A#2-,-2012] 12-1
Packet Pg. 1359
(Ord. MC-1281,08-18-08)
/\ 12.03.030 Notice to Disconnect or Remove.
Whenever the Director of Public Works determines
that it is reasonable and necessary that any property located in or under any
public street, or public place in this City, owned, maintained, or controlled by any
person, be temporarily disconnected, and reconnected, or permanently moved,
relocated,or removed from any public street,or other public place, in order that the
City, or other governmental agency, or instrumentality, may most economically,
under modern engineering and construction methods install, construct, build, or d
erect any public improvement, or works in or under any public street,the Director a
of Development SawsesPublic Works shall give timely written notice to the person .
owning, maintaining,or controlling such property,to move,relocate, or temporarily a
disconnect the same, as may be determined by the City Engineer. (MC-1027,
9-8-98;Ord. MC-1004, 10-20-97) a
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12.03.040 Power to Regulate. o
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A. The City shall adopt such regulations for the location, size, depth, number
of facilities to be accommodated, installation and repair methods and
surcharges for new or recently rehabilitated public streets that may require
excavations as it may deem necessary for public welfare. The regulations
are intended to protect the public right-of-way and equitably allocate
available space. In the event a utility cannot locate as directed by the
l City without violation of PUC installation guidelines, then alternate
1 alignments shall be selected.
B. Whenever an excavation is made by tunneling under the surface of the
street, the City shall adopt such regulations and require such inspections, CT
as it may deem necessary to insure full compliance with the other sections N
of this chapter.
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C. Whenever conduits are placed under City streets or in public a
rights-of-ways, the City will require the owner/user to insure the conduits
can be located, with accuracy, by a reliable method. This shall mean a
horizontal location within 4 Inches and depth within 18 inches.
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D. Plans shall be prepared and submitted that show the location, depth and
type of proposed facilities, as well as other existing underground utilities.
Such plans shall be to scale and no less than V=60' and shall show the £
right-of-way line, curb lines and all known underground utilities, conduits or
buried wires. D
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E. City direction to relocate or locate in other positions to clear existing or
future facilities will be considered mandatory and not merely
recommendations. Failure to follow approved plans will result in the
facility being relocated as directed at the cost of the Owner.
12.03.050 Noninterference With Franchise Rights.
[Rev.June 12.2012"..p,,142,-2M] 12-5
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Nothing in this chapter shall be construed as interfering with any rights
granted to any persons,firm or corporation under and by virtue of any franchise of
the State of California or of the City or to any rights granted in the future.
12.03.055 Moratorium.
A. It shall be unlawful for any Person to excavate, cut, or open the pavement
surface of any street within 5 years after acceptance of the street
construction work by the City Engineer,with the exception of seal coated or
microsurfaced streets, which shall be for a period of 3 years after
acceptance of the work by the City Engineer. This moratorium on street a
excavations shall not apply if the Director of Development ServiGesPublic I d
Works grants a street excavation permit for any of the following reasons. £
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(1) Excavation work that is mandated by City, County, State or Federal
legislation or that is required as a condition of approval to a
City-issued development permit; u
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(2) Utility service for development where no other reasonable means of
providing service exists, as determined by the Director of
Develepment Public Works; n
(3) For a Prospect Hole, as defined in this Chapter, to verify utility
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depth or location;
(4) Excavations which are essential components of a regional project
which will provide a substantial public benefit;
(5) Written requests for State/Federal mandated pipeline integrity °
inspections; or N
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(6) Other situations where the Director of Development SePAGesPublic
Works finds that the excavation is necessary for the public health, a
safety, or welfare. w
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B. In the event of an emergency which endangers life or property, or for an
emergency repair or modification which Is necessary to prevent interruption
of life essential utility services, excavation work may occur without first
obtaining a permit; however, written application for a permit shall be v
provided the following business day. r
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C. If a permit is granted by the Director of Public Works a
or emergency excavation work as hereinabove described is performed,the
following conditions shall apply:
(1) All restoration and repair work shall be performed in accordance
with the most current trench, backfill and pavement replacement
detail standards In effect and as approved by the City Engineer.
(2) Provide a written pavement life performance warranty in a form
acceptable to the City, unless one is already provided through a
[Rev.June 12 20I2April4Z,241-2] 12-6
franchise agreement with the City. The warranty shall provide that
in the event that subsurface material or pavement over or within the
Trench Influence Area becomes depressed, broken, or otherwise
fails at any time after the excavation (or joint operation excavation)
has been completed, that Person shall repair or reconstruct the
subsurface and pavement to a condition to the satisfaction of the
City Engineer; and
(3) The Person requesting the excavation permit or responsible for
emergency excavation work shall submit an application for an
excavation permit, pay all required fees and comply with the
provisions of Chapter 12.03. E
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D. The moratorium on excavations shall not apply in any area where the street E
pavement construction was completed 5 years prior to the effective date of
this ordinance. o
(Ord. MC-1281, 08-18-08)
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12.03.060 Permit Application. =
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A. Every permit for any excavation or encroachment in or under the surface of
any street shall be granted subject to the rights of this City, or any other
person entitled thereto,to make reasonable use of that part of the street for
any purpose for which the street may be lawfully used, consistent with the
excavation and/or encroachment made pursuant to such permit.
B. It is unlawful to remove material from or engage in construction, repair or
installation of conduits within any street in such a manner as to render such M
street impassable or dangerous to public travel. Closure of streets must
be approved in advance with approval of traffic detour plans submitted in °
accordance with the guidelines prepared by the Director of Community N
Development Sewices for the City of San Bernardino. v
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C. It is unlawful for any person to make excavations or encroachments in or n
under the surface of any street,sidewalk or public place,for the installation,
repair, or removal of any pipe, conduit, duct, or tunnel, or for any other
purpose except the installation of poles and anchors serving overhead 5
lines without first: d
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1. Making and filing a written application with the Director of v
Develepment Public Works a minimum of E
forty-eight hours prior to starting any excavation or
encroachment, except any person, or firm holding a public
utility franchise in the City may, for emergency purposes a
only, make and file a written application during the next
business day following the making of such emergency
excavations or encroachments.
2. Receiving a written permit from the Director of Development
1 SeadsesPublic Works.
l 3. Making a deposit or other acceptable security to cover the
cost of installation including:
[Rev.June 12.2012""pA1,",9 W4] 12-7
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a. Inspection.
b. Restoring the street or sidewalk to its original
condition.
C. Restoring all signs, pavement markings, conduits,
cables, pipes to a condition acceptable to the City
using similar materials and methods to match the
original improvements.
d. Incidental expenses in connection therewith, as
hereinafter provided for.
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D. Before issuing any permit provided for in this section, the Director of E
Public Works shall require that a written application
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be made and filed with the Department of Public Works which shall provide E
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the following: v
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1. Name and residence, or business address of applicant; u
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2. A detailed description of the work, its location and 23
approximate area (in square feet) and the purpose for the
excavation (installation, repair, enhancement, etc.);
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3. A plat of the proposed work not larger than 24"x36" nor r�
smaller than 8-1/2"x 11" and at a scale not smaller than A
1"=60' showing the following:
a. Right-of-way lines.
b. Curb lines, back of sidewalk, street lights, traffic n
signal and boxes.
C. Location of proposed excavation including the °
length and width of the trench.
d. North arrow and scale. d
e. Street names and cross street (even if shown with
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broken centerline to nearest cross street). a
f. ALL underground facilities with size, location and
ownership based on a search of available records.
This is required for the full right-of-way width for lines E
going in the general direction of the street and for the
length of the trench for excavations generally
perpendicular to the street. v
g. Such other information as the Director of E
Deveepment Public Works may require. m
No plats shall be required when excavations or encroachments are made for a
service connections or for locating or repairing existing underground
installations.
E. Applicant must show legal authority to occupy and use the street, or
sidewalk wherein the excavation/encroachment is proposed to be made.
F. It is unlawful for any person to make any excavation, install or maintain any
tank, pipe, conduit, duct, or tunnel, in or under the surface of any street,or
[Rev.June 12 2012"V41-'^, ] 12-8
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\ sidewalk or public place, at any location other than that described in the
application, and shown on the plats filed by such person. Any deviation in
location necessitated by actual field conditions shall be corrected on the
final plats and submitted to the Director of Development SeNIC96Public
Works as the AS CONSTRUCTED plats.
G. The Director of PeyelepfReRt SefyiGesPublic Works may require site
survey in order to insure accurate location of facilities as deemed
necessary to insure compliance with this section.
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H. Those performing the work shall have a valid current City of San
Bernardino business registration and shall list the number thereof on the E
application. The job superintendent, as well as the owner's authorized d
representative, shall also provide 24 hour emergency telephone numbers a
should problems be discovered other than during normal working hours
and shall list same on the application.
I. The Director of Development S9FViGesPublic Works may issue vehicle o
parking permits that allow encroachment into time limited parking areas for
extended work periods. See Section 12.03.090.
(Ord. MC-1027,9-8-98;Ord. MC-1004, 10-20-97.) ..
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12.03.070 Fees.
A. Before a right-of-way excavation/encroachment permit Is issued, the
l person making the application shall pay the City a non-refundable 16
l right-of-way construction permit fee as established by resolution. 1;
B. Public utilities approved by the Director of Public
Works may obtain a right-of-way blanket permit for minor work and
emergency work. Applicants shall pay a non-refundable blanket permit N
fee as established by resolution. A blanket permit will be valid for
TWELVE months from the date of issuance.
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Minor work Is defined as cable location and repair, constructing, =
modifying or abandoning individual service connections, maintaining
and/or operating existing facilities, installing protection and electrical 5
disconnecting equipment, and other equivalent minor work within local d
residential streets and easements. Construction or replacement of new
distribution and transmission facilities, work within arterial or collector
roads or highways,or any other activity not construed to be minor work will F
require individual permits.
Emergency work is defined as work necessary to repair damage to a
existing facilities and/or reestablish service.
Work done under a blanket permit shall not require submittal of
detailed plans as required by Section 12.30.060 unless deemed necessary
by the Director of Development SewleesPublic Works.
1 C. Other public agencies may obtain a no fee preliminary permit in order to
complete the review process and obtain any permit requirements. Prior to
any work being done under this preliminary permit,the person or contractor
[Rev.June 12.2012 A Vk 4,2=] 12-9
Packet Pg. 1364
7.I.c
that will perform the work must obtain a right-of-way permit and pay all
associated permit fees and deposits.
D. Applicants obtaining a permit for the purpose of installing sewer laterals
and making connection to existing sewer lines will need to provide
evidence (receipts) to the Director of Development ServiGesPublic Works
showing that Sewer Capacity Fees (paid to the Water Department) and
Sewer Connection Fees (paid to the Community Development Services
Department) have been paid for the property being connected.
(Ord. MC-1027, 9.8-98.)
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12.03.080 [Intentionally Left Blank] E
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12.03.090 Encroachment for Lane Closure. E
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A. Closure of traffic lanes on arterial and collector streets as designated in the o
City's General Plan Circulation Element shall be avoided between the u
morning and evening peak hours to accommodate traffic operations. a
Generally, the period from 7:00 am to 8:30 am constitutes the morning
peak and the period from 3:30 pm to 5:30 pm constitutes the evening peak.
Peak flow need only be addressed weekdays(Monday through Friday).
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R Permits shall be required for excavations/encroachments that will occur at
the places and times specified in Paragraph A and shall be assessed an
additional fee, as determined by resolution, for each day of the closure or
operation.
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C. Emergency closures shall not require an encroachment permit. The
owner/contractor completing the work shall notify the Director of
Development- SRRfisesPublic Works immediately by telephone or o
telecopier or in person of such emergency closures. As used in this N
section emergency means an actual, threatened, or anticipated incident or y
situation which seriously threatens the public health and safety. In the
event such emergency closures present a hazard or serious impact on the a
travelling public, the owner/contractor shall pay the City actual costs for
traffic control officers, personnel or equipment dispatched to correct the
traffic disruption. These actual costs shall be over and above any blanket
permit, lane closure or after the fact permit issued.
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D. All traffic lane closures shall follow the advance warning and safety signing
as required by the WATCH manual or other approved traffic control E
manual. Failure to comply with this section shall constitute sufficient
grounds for the City to issue a stop work order.
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E. Projects involving the use of"Rule 20"funds or being done at the request
of the City in relation to other ongoing City projects are exempt from the
provisions of this section.
12.03.100 Inspection and Plan Review - Deposit.
A. Before excavation/encroachment permits are issued, a deposit to cover the
estimated cost of the inspection, plan review and repair/replacement costs
[Revdune 12.2012"-�'r.�-'�,°012] 12-10
Packet Pg. 1365
shall be paid to the City. Franchise holders who have repair/replacement
language within the franchise agreement or who have previously
undertaken all repair/replacement obligations need only provide inspection
and plan review fees. Both inspection and plan review will be charged as
a percentage of the estimated construction cost with a minimum basic fee
to cover administrative costs associated with the permit and plan
review/inspections. Public utilities performing work under a blanket
permit, in lieu of providing the inspection and plan review deposit, shall be
billed quarterly for costs based on construction activities and plan reviews
conducted for the public utilities, by the City, in public rights-of-way and
public places. E
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B. Plan reviews shall be submitted to the Department of Development d
Services for review and comment. Two (2) plans shall be submitted and E
no permits shall be issued or construction started, until the plan review has
been completed and plans approved. 0
C. No portion of the deposit for repair/replacement costs shall be returned i
until all work has been satisfactorily completed and all markings, signs,
conduits and systems are returned to working order or replaced in kind.
This shall also include the removal of pavement markings made to locate
underground utilities and facilities and used by the contractor for n
construction purposes. The street shall be returned to a condition that
reflects no evidence of the construction activities. Depending on the
location of and direction of the excavation,the contractor may be required
to pave to limits of 2 feet each side of the trench, from the curb to the first r
lane line, a full lane width, a full half street section or the entire street
section should the trench be skewed or impact both sides of the street.
Surface treatments such as chip seal,slurry seal may be considered based
on the condition of the street and area of the patch. °
(Ord. MC-1027, 9-8-98; Ord. MC-1004, 10-20-97.)
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12.03.110 Bonds, Insurance, Deposits.
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A. Except as provided in the Streets and Highways Code Section 1468,
before an excavation/encroachment permit is issued, a deposit in an d
amount of the estimated construction cost,as determined by the Director of 5
Development Public Works, shall be paid to the City for damages v
and as indemnity for any damages, which may be caused by the permitted
excavation or obstruction; or in lieu of such deposit, post security in a form v
approved by the City Attorney. Security shall indemnify the City for any E
damages and shall be further conditioned upon the compliance by the A
applicant with all provisions of this Chapter. Such depositor security shall a
be for 100 percent of the estimated construction cost, as determined by the
Director of Public Works, to guarantee faithful
performance of all work, In a manner satisfactory to the City, and that all
materials and workmanship will be free from original or developed
defects. The deposit or security will remain in effect until the end of all
warranty periods set forth in this Chapter. Changes in the work or
extensions of time, shall in no way release the applicant or surety from its
obligations.
(Rev.June 12.20lgAp d1np 2,2M] 12-11
Packet Pg. 1366
\� is not intended or offered for sale. Contractor's License Law does not
apply to an owner of property who builds or improves thereon and who
does such work themselves or through their own employees, provided that
such improvements are not intended or offered for sale. If however, the
improvement is sold within one year of completion,the owner or builder will
have the burden of proving that they did not build or improve for the
purpose of sale.
D. Notwithstanding any provision in this Chapter to the contrary, a contractor
who has been awarded a competitive bid by the City for a public project
involving street excavation or cutting shall not be required to file a bond or d
special deposit under Section 12.03.110 to cover the cost of repairing or E
replacement of street surface excavated or damaged, provided that the d
contractor's bid documents or contract require that they perform such E
street repair or replacement as a part of the awarded project and that they d
so perform in a manner satisfactory to the Director of Develeprneri
ServlsesPublic Works and in accordance with all provisions of this Section. I _
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E. An agreement between the Redevelopment Agency and the City in a form 2
satisfactory to the City Attorney unconditionally providing and
guaranteeing that the agency provide and pay for those
excavations/encroachments and other costs required pursuant to the n
provisions of this Section may be filed with the Director of Develepnaent
ServisesPublic Works as security in lieu of the bond, cash or certificate of A
deposit whenever the excavations/encroachments are located in a
1 redevelopment project area and the agreement recites that the
J excavations/encroachments are in compliance with the redevelopment
plan for the area and in furtherance of the public Interest in promoting M
public or private development.
(Ord.MC-1027,9-8-98;Ord. MC-1004, 10-20-97.) °
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12.03.120 Notifications and Guidelines.
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A. Twenty-four (24) hours prior to commencing any work within any public n
right-of-way or public place, the applicant shall notify the Department of a
Development ServIGes Field F=n9Ine9F'Rg Public Works to arrange ~
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for inspection service. All work shall be performed under the inspection =_
and authority of the Director of Development ServioesPublic Works or their d
authorized representative and shall comply with this Chapter and the policy
concerning excavations/encroachments. d
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B. It is unlawful for any person to make any excavations in any street or
sidewalk without maintaining safe crossings for vehicle traffic at all street
Intersections, alleys, and private driveways, and safe crossing for a
pedestrians at intervals of not more than three hundred feet.
If any excavation is made across any street or alley, at least one
safe crossing shall be maintained at all times for vehicles and pedestrians.
Free access must be provided and maintained to all fire hydrants
/ and water valves.
(Ord. MC-1027,9-8-98; Ord. MC-1004, 10-20-97.)
[Rev.June 12.201ZApAl, ] 12-13
Packet.Pg.:1367
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12.03.130 Completion of Work and Non-Conforming Work.
A. After work under the permit is commenced, the applicant shall perform the
work with due diligence, and so as not to obstruct any street, alley,
sidewalk or public place, or travel thereon more than is actually
necessary. If the work is not so performed, or if the work does not, in the
judgement of the Director of Develepment SewiGesPublic Works, comply
with the terms of this Chapter, the Director of Development SeFyieerPublic t�
Works shall notify the applicant,in writing,that the work is not performed
with due diligence,or that the work has not been properly done, and require d
the applicant, within three days after service of such notice, to diligently E
proceed with said work or properly complete the same. If the applicant d
fails to comply with such notice, the Director of Develeprnent E
ServiseePUblic Works shall do whatever work is necessary to restore the d
street, alley, sidewalk or public place to the same condition as existed 0
before work began.
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The applicant shall be responsible for all costs incurred by the City 9
in the restoration and enforcement actions pursuant to this Section.
(Ord. MC-1027, 9-8-98; Ord. MC-1004, 10-20-97.)
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12.03.140 Warranty of Work -Notice -Repair by City.
A. The applicant shall warrantee the fitness of all work for the period of one
year, or as specified in franchise agreements, after completion of said work
against all defects in workmanship or materials. Whenever within said Ui
period of one year any pubic improvement so warranted becomes in need M
of repairs, by reason of any defect in workmanship or material,the Director
of Development ServieesPublic Works shall serve on the applicant written °
notice stating what repairs are necessary and requiring such repairs to be
made within three days after receipt of said notice. If the applicant fails to
comply with such notice, the Director of Development S@R4espubllc R
Works shall proceed to make such repairs. a
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The applicant shall be responsible for all costs including materials,
labor and administration necessary to repair or replace defective work.
Such funds shall be withheld from the bonds or security deposit submitted v
by the applicant until reimbursement is made or other acceptable
arrangement for payment has been established.
(Ord. MC-1027, 9-8-98; Ord. MG-1004, 10-20-97.) E
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12.03.150 Abandonment of Facilities. °
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A. When abandonment of existing facilities is contemplated, the utility shall
make every effort to utilize the current alignment and location for the
proposed new facilities thereby preserving the available right-of-way. In
the event this is impractical or technically infeasible, the owner/user shall
be responsible for the removal of the abandoned facility.
( 1 B. Abandoned facilities may be removed when new facilities are installed or
// may be deferred until such time as the abandoned facility conflicts with
proposed new development or the installation of any new facilities. The
[Rev.June 12.20IZAVAl,8.,.-;�^;-'�^',°�] 12-14
Packet Pg. 1368
owner shall coordinate the removal and disposal of the abandoned
facilities with the contractor making the new improvements. The owner
shall be fully responsible for the disposal of the ducts, conduits,
conductors,pipes,fittings and all other portions of the abandoned work and
for any hazardous materials that may be present in any of the abandoned
facilities. Should contamination be evident in the surrounding soils, the
owner shall investigate and mitigate the contamination.
C. The owner shall maintain records of such abandoned facilities and shall
show such abandoned facilities on any requests to locate facilities when
there is a reasonable expectation of conflict with the proposed
construction. Such facilities shall be clearly designated as abandoned E E
and upon request the owner shall supply information on the material
present. a
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12,03.160 Permit Expiration. U
A. If after a permit has been Issued pursuant to this Chapter, and construction a
has not commenced within sixty days after the date thereof or other date 2
set forth in the permit, then such permit shall become void. Before work
commences the applicant must obtain a new permit and pay the usual fee.
Applicant may request, in writing, that the Director of Devel9Prnerlt n
Ser-visesPublic Works extend the permit time but such requests shall be
made prior to the 60 day expiration date. The request shall state the ti
reasons for the extension, the duration of the extension request and shall
provide justification for not beginning the work within the first 60 days.
Deposits made on the value of the work may be released upon M
request of the applicant after the applicant submits evidence of the proper
completion of the work or evidence that the permit terminated prior to the °
commencement of the work. Fees for plan review and inspections
performed will not be reimbursed nor applied to resubmittal for a permit for d
the same area.
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B. Preliminary permits that have been issued to a public agency under the d
provisions of this Chapter but for which an Excavation/Encroachment ~
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permit has not been issued or work commenced within one (1) year of
issuance of the Preliminary Permit, or other date set forth on the permit,
shall become void. Resubmittal of the preliminary permit will be required
to reactivate the process. v
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C. Permits for encroachments into the public right-of-way shall not be granted U
for any period longer than thirty days, a
(Ord. MC-1027,9-8-98; Ord. MC-1004, 10-20-97.)
12.03.170 Violation -Penalty
A. Any person violating any provision of this Chapter is guilty of a
misdemeanor, which upon conviction thereof Is punishable in accordance
( with the provisions of Section 1.12.010 of this Code. The enforcement of
the penal provisions in this Section shall not bar the City from pursuing any
other remedies permitted by law.
[Rev.June 12.2012 VEil '^,2^�z] 12-15
PacketPg.1369
Common Council may thereafter, in accordance with the improvement act
specified or designated for the project, adopt a resolution or ordinance
ordering the improvement substantially as proposed, or as modified,
altered or changed by order of the Mayor and Common Council as
authorized by the improvement act for the project.
C. After such finding and determination by the Mayor and Common Council,
the provisions of lawfor debt limitation and majority protest as mentioned in
Article XIII, Section 17, of the Constitution shall not apply.
(Ord.2063§5, 1963.)
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12.28.060 Permit required.
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It is unlawful for any person, firm or corporation to grade, prepare,
subgrade, pave, lay sewer or drain pipe, construct curbs, gutters, driveways, QE
sidewalks, manholes, catch basins, retaining walls, traffic signals, street lighting
systems, or similar structures in any street, alley or way,which street, alley or way o
is dedicated or proposed to be dedicated for public use,within the City,without first L)
obtaining a written permit from the City to do so. No such permit shall be issued "o.
for use of quarry tile or ceramic the for such improvements, but permission may be
granted for use of patterned concrete in such sidewalks, street medians and
parkways. The Director of Public Works may establish a
standard color for patterned concrete to be placed in sidewalks, street medians m
and parkways on public developments, but the developer shall have the right to
choose the color if the improvements are being made by a private developer. (Ord.
MC-1027,9-8-98;Ord.MC-460,5-13-85;Ord.MC-320, 12-5-83; Ord.3918§1, 1960;Ord.
2519, 1963; Ord. 1963§1, 1952.) (City Attorney Opinion No. 90-15)
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12.28.070 Written application required.
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Any person, firm or corporation desiring a permit under this Chapter shall o
present a written application therefor to the City Engineer, setting forth the name N
and address of the applicant, details concerning the location, nature and extent of y
construction intended to be made, and the purpose for which the construction is to
be made and used. (Ord. 1963§2, 1952.) (City Attorney Opinion No. 90-15) a
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12.28.080 Fees required.
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For construction, repair and alteration of sidewalks, curbs, gutters, d
driveways, subgrades and pavements, manholes, catch basins, retaining walls,
traffic signals, street lighting systems, and other structures, and for excavating,
laying and backfilling sewers and drainage pipe lines, concerning which
specifications, lines and grades therefor shall be determined by the City Engineer,
charges for inspections and construction staking shall be based upon a schedule
of fees fixed by resolution duly adopted by the Mayor and Common Council after a
the conclusion of a public hearing relating thereto. (Ord. 3918 §2, 1980; Ord. 3432
(part), 1974; Ord. 1963§3, 1952.) (City Attorney Opinion No. 90-15)
12.28.090 Plan fees.
\ Charges shall be made by the City Engineer and paid by the applicant for
J checking improvement plans relating to street projects, except as otherwise
provided in Title 18, based upon a schedule of fees fixed by resolution duly
[Rev.June 12 2012"—.�A 2,2012] 12_22
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Chapter 12.30
SIGHT DISTANCE REQUIREMENT
Sections:
12.30.010 Definitions.
12.30.020 Provision of Sight Distance.
12.30.030 Obstructions. m
12.30.040 Existing Obstructions. E
12.30.050 Street Trees. d
12.30.060 Violation -Penalty. E
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12.30.010 Definitions. o
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A. "Director of DevelGiaFneRt Serviee6public Works" as used in this Chapter °o.
includes any authorized representative of said director. E
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B. "Traffic Engineer" as used in this Chapter includes any authorized
representative of the City's Traffic Engineer.
C. "Sight restriction" as used in this Chapter includes any obstruction to a
driver's line of sight.
D. "Sight triangle" as used in this Chapter means the area in which no sight
restrictions are allowed. M
(Ord. MC-1027, 9-8-98;Ord. MC-783, 5-6-91,)
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12.30.020 Provision of Sight Distance.
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Sufficient sight distance shall be provided at all intersections to allow
approaching vehicles to stop before colliding with a vehicle on an intersecting a
street. No obstructions that create a sight restriction shall be permitted within the
clear sight triangle, as shown on the Standard Drawing(s) for Sight Distance
Requirements incorporated into the Traffic Policy Paper promulgated from time to
time by the Department of Development Services and on file with the City Clerk. d
(Ord. MC-1027,9-8-98; Ord. MC-783, 5-6-91.)
12.30.030 Obstructions. E
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Obstructions shall include any object extending more than two and one-half
(2%)feet above the pavement,at the curblines of the intersecting streets, such as a
trees, shrubs, fences, walls, newspaper racks, utility facilities, bus shelters, etc.
Trees, trimmed to a minimum height of eight (8') feet above ground, traffic signal
and street light poles, shall not be considered as obstructions, unless a finding is
made by the Traffic Engineer that they constitute a sight restriction based on the
size, trunk diameter, number in a small area,or number in a row. Legally parked
1 motor vehicles shall not constitute an obstruction. (Ord. MC-783, 5-6-91.)
12.30.040 Existing Obstructions.
[Rev.June 12.2012Apri4}2-2012] 12-24
2. Where the grade of the street is established along the property line:
a. The grade of the street along the property line shall be a
straight line drawn between described points;
I
b. The grade at the curbline at right angles to the property line
shall be lower than the grade at the property line at the rate
I of one quarter of an inch per foot of distance between the
curbline and the property line.
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3. The grade of the sidewalk shall be a straight line drawn between the
grade at the curbline and the grade at the property line taken at right E
angles with either curbline or property line. E
B. The grade of the roadway taken at right angles to the curb-line shall
I conform to a curved line which shall be a parabola intersecting gutter lines
on each side or roadway and centerline of street.
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C. The grade of the street at the gutter line shall be ten inches below the grade 2
at the curbline.
D. Unless it clearly appears to the contrary, the grade of all streets heretofore
established shall be construed to have been established in accordance
with the grades hereby established, and all ordinances establishing the
grades of any street in the City subsequently adopted by the Mayor and
!`} Common Council of the City shall be deemed to have been passed and r
adopted in the light of this section, and the grades of any such street shall
be deemed established along and across any such street in accordance
with the provisions of this section unless a contrary intention clearly
appears, °
(Ord . 1301, 1926; Ord.821 §402, 1926.) N
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12.36.030 Construction of buildings below street grade unlawful.
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It is unlawful to erect, build or construct any building, structure or -0
improvement within the City below the effisia�established grade of the street as
except as follows:that in the event
that-the Gee'BUildingOfficial determines by reason of mountains, hills or d
other topography that it is impractical to conform to the--ef#isial—gradethis
reguirement, then, and OR that avent, the G ty Eng'n69F shat "^«'f'• the C44W w
Building IasgesteFBuilding Official may grant.an E
exception shall be granted hepete permitting the erestiea—ef—construction of
buildings and structures below established grade. (Ord, a
2265, 1959; Ord. 1900 §1, 1950.)
12.36.040 Violation of Section 12.36.030- Penalty.
Any person, firm or corporation violating any provisions of Section 12.36.030 is
guilty of a misdemeanor, which upon conviction thereof is punishable in
1 accordance with Section 1.12.010 of this Code. (Ord.MC-460,5-13-85;Ord. 1900§2,
1 1950.)
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[Rev.June 12,2012tkgril44,24131 12-29
Packet Pg. 1372
(21/2')feet above the pavement at the curblines of the intersecting streets,
except that trees with main stalks or trunks exposed to a height of eight(8')
feet above the ground need not be trimmed or cut, unless directed to do so
by the Director of Develepment SepwdeesPublic Works.
B. It is unlawful for any owner or occupant of any premises in the City to
permit, keep, or maintain hedges, shrubs, or any growth over two (2')feet
in height within a distance of six(6')feet from the property line at any point
within six(6')feet of a driveway,except that trees with main stalks or trunks
exposed to a height of eight(8')feet above the ground need not be trimmed w
or cut unless the trees are determined to constitute a sight restriction to the
Director of Public Works. n
(Ord. MC-1027, 9-8-98; Ord. MC-783, 5-6-91; Ord. MC-344, 2-20-84; Ord. MC-325, m
12-5-83; Ord. 2273(part), 1959; Ord. 1655§6(h), 1941.) a
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12.40.130 Duty of property owner and abatement of nuisance. $
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A. The owner or occupant described in Sections 12.40.110 and 12.40.120 a
and other property owners fronting any street, sidewalk, parkway, lane, 9
alley, park or other public place shall water, keep, maintain and permit
trees, hedges, shrubs or any other growth located thereon in accordance
with this Chapter and other ordinances of the City or rules and regulations
of the Director of Public Services.
B. Any tree, shrub or palm growing on any parkway or sidewalk which is FZ
1 damaged in violation of Section 12.40.110 or any growth of any tree,shrub, 16
J or hedge or other vegetation which is in excess of the height limits set forth 16
in Section 12.40.120, unless otherwise permitted by the Traffic Engineer, is
hereby declared a public nuisance, the removal of which is necessary to
protect the health and safety of the City's inhabitants. The Director of
DayelepmeRt Public Works may find and declare the same to be a -
public nuisance, may order abatement thereof in accordance with the
procedure set for abatement pursuant to Chapter 8.30, and may assess
costs for the abatement pursuant to Chapter 3.68 of this Code (Ord. a.
MC-1027, 9-8-98; Ord. MC-783, 5-6-91; Ord. MC-344, 2.20-84; Ord. MC-325,
12-5-83; Ord. 2273(part) 1959;Ord. 1655§6(1), 1941.)
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12.40.140 Violation - Penalty.
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Any person violating any provision of this Chapter is guilty of an infraction,
which upon conviction thereof is punishable in accordance with the provisions,of
Section 1.12.010 of this Code. (Ord MC-460,5-13-85;Ord.MC-325, 12-5-83;Ord. 1885
§§1, 2, 1952.) m
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[Rev.June 12 2012ApFi 42 28}2] 12-33
"Packet Pg. 1373.
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D. Faithful Performance Bond. To ensure cleanup and restoration of the site,
j an applicant may be required to post a refundable faithful performance
bond in an amount to be determined at the time the application is
submitted. Upon completion of the filming activity and inspection of the
site by the City, the bond may be returned to applicant.
E. Waiver or Modification. The provisions of this section may be waived or
modified by the City Administrator if he or she finds that the proposed
activity involves minimal or no risk to persons or property so as to warrant a
waiver or reduction in insurance requirements.
(Ord. MC-746, 10-15-90; Ord. MC-466, 7-15-85.) v
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12.64.090. Violations.
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A. If a person violates any provision of this Chapter or a permit issued d
pursuant thereto, the City Administrator may forthwith suspend or revoke o
the permit.
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B. Any person violating any provision of this Chapter is guilty of an infraction,
which upon conviction thereof, is punishable in accordance with the
provisions of Section 1.12.010, Subsection B, of this Code.
(Ord. MC-746, 10-15-90; Ord. MC-466, 7-15-85.)
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12.64.100 Designated officer.
l The City AdministraterManaoer is designated as the officer to process
l each application under the provisions of this Chapter. The City Administrator
Manager, or his or her designee, shall coordinate any matters involving
investigation or determination affecting the granting of a permit, and, after the
granting of any permit, shall coordinate all City officers and services to provide
such assistance in the filming as is reasonable under the circumstances. To N
effectuate the purposes of this Chapter, the City AdminlstratGNgna er shall have
authority to waive any time limits otherwise applicable under the San Bernardino
Municipal Code, to approve temporary street closings, and to issue such other a.
temporary permits as the Mayor and Common Council could do if time were
available for submission of such matters to the Mayor and Common Council. (Ord.
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MC-466, 7-15.85.) E
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Chapter 12.68
PARK AND SCHOOL GROUNDS'
l
j For statutory provisions on municipal regulation of parks, see Pub. Res. Code§5181 et
�- seq.
[Rev.June 12.2012AVni-14,361-2] 12-49 1
Packet Pg. 1374
\ staff,facility, equipment or building;
9. If the permit applied for is for the purposes of holding classes or
courses of instruction or activity on City property for fees for any
program not approved, sponsored or sanctioned by the City's
Department of Parks and Recreation;
10. That the applicant has failed to comply with any conditions imposed
on any prior permits issued pursuant to the provisions of this
Chapter; "
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11. If the requirements of this Chapter and all other laws are not met. v
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B. The Director shall specify in writing the grounds for the denial of the permit.
(Ord.3525 (part), 1975;Ord. 3326§7, 1973.) a
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12.80.090 Right of appeal of denial of permit or conditions imposed on
Issuance of permit. a
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A. The applicant may appeal the denial of a permit, or conditions imposed
upon the issuance of a permit, by the director, to the City
AdmirtiskaterManaoer.
B. The applicant must file the appeal with the City "..d;nin;st•atGFMana er
within five days of the Director's mailing of such decision. The City
l AdministFaterManaaer shall hold a hearing within three days of the filing of r
J the appeal,at the office of the City AdrAinistratoFManager,at which time the W
applicant may present any and all evidence, testimony, and information M
relevant to the application.
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C. In the case of a denial of a permit, the City-AdministraterManager shall,
within twenty-four hours of the appeal hearing, issue his decision, either
affirming the denial of the application,or directing the Director of Parks and o
Recreation to issue the permit as applied for, subject to reasonable terms o
and conditions. When the appeal is taken on the conditions imposed by .
the Director of Parks and Recreation, the City Administr deFManager shall ~
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within twenty-four hours of the hearing, issue his decision either affirming
the conditions imposed or directing the Director to issue the permit with v
amended conditions.
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D. The decision of the City Administ atorManager shall be final and binding; E
provided, that the Mayor and Common Council reserves the power to
overrule or modify such decision and to issue or deny the permit.
(Ord. 3326 §8, 1973.) C
12.80.100 Fees and deposits.
A. Upon granting of a permit under this Chapter, any fees or deposits required
for the use of City personnel, parks, buildings, equipment, and facilities
shall be paid by the applicant to the Director no later than three working
J days before the date the activity is to be held. If the fees or deposits are
not paid on or by the third day before the activity is to be held, the permit
[Rev.June 12,2012 -'r.V, '^,2M] 12-58
Packet Pg. 1375
a 12.84.400 Maturity of bonds.
The full amount of the bonds may be divided into two or more series and
different dates fixed for the bonds of each series. The maximum term which the
bonds of any series shall run before maturity shall not exceed forty years from the
date of the series. (Ord.3589§8(b), 1976.)
12.84.410 Annual assessments.
N
The annual assessment provided for in the 1951 Act shall be computed on E
the basis of the formula set forth in the resolution of intention to form the district as v
originally adopted or as modified by subsequent change and modification or other d
proceedings conducted pursuant to this Chapter or any other law, and the a
limitations upon the rate or period thereof provided in the Act shall not apply. If the
assessed value of any parcel of property does not appear on the tax roll, an
estimated assessed value of such parcel shall be made by the Director of
Public Works in consultation with the County Assessor,and a
such estimate shall for purposes of such ad valorem assessment he considered
the assessed value of such parcel.
A. Supplemental Advances and Levies. The provisions of Sections 8800 to n
8809, inclusive, of the Streets and Highways Code of the state shall apply
to assessments levied hereunder if so stated in the resolution of intention. A
1 B. Additional Collection Provisions. The provisions of Sections 8680 to 8688,
inclusive,and 8830 to 8835,inclusive,of the Streets and Highways Code of
the state shall apply to assessments levied hereunder. M
C. Charges. The Mayor and Common Councilor the Parking Commission of °
the City, as the case may be, may by resolution prescribe, revise and
collect fees, tolls, rates, rentals and other charges (other than special m
assessments), including but not necessarily limited to service charges and
standby charges for services or facilities furnished by the district,charges a
for the availability of the facilities of the district regardless of whether the
facilities are used or not, and minimum charges. Such charges shall be
payable on a uniform and equitable basis by the owner of the property to
which the facilities of the district are available, including the owners of
publicly owned property. Any delinquent charges and all penalties thereon
when recorded as hereinafter provided shall constitute a lien on the real
property to which the facilities of the district are available (except that no t
such lien shall be created against any publicly owned property), and such
lien shall continue until the charge and all penalties thereon are fully paid or a
the property sold therefor. All remedies provided for collection of due and
unpaid charges which are provided in the Revenue Bond Law of 1941 of
the state may be exercised to enforce payment of any charges levied under
this article. A resolution prescribing or revising such charges shall not be
adopted until the Mayor and Common Council or the Commission, as the
case may be, has given notice of and held a hearing thereon substantially
as provided in Section 54354.5 of the Government Code, being part of the
Revenue Bond Law of 1941. Any assessment levied against any parcel of
Nw� real property pursuant to this Article which is held by any court of
[Rev.June 12.2012Agrd42,-29i3] 12-75
Packet Pg. 1376
7.C.c
"funds of the City which are attributable to the district' includes without
4ll limitation,grants from other governmental agencies to the City on behalf of
the improvement district or revenues raised by operation of the facilities
constructed under this Chapter within the improvement district.
(Ord.3589§9(z), 1976.)
12.84.730 Annual assessments.
The annual assessment provided for in this Article shall be computed on
the basis of the formula set forth in the resolution of intention to form the district as
originally adopted or as modified by subsequent change and modification or other
d
proceedings conducted pursuant to this Chapter or any other law, and shall be a
without limitation upon the rate or period thereof. if the assessed value of any
parcel of property does not appear on the tax roll,an estimated assessed value of E
such parcel shall be made by the Director of Public Works in a
a
consultation with the County Assessor, and such estimate shall for purposes of o
such ad valorem assessment be considered the assessed value of such parcel. u
A
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A. Supplemental Advances and Levies. The provisions of Sections 8800 to .2
8809, inclusive of the Streets and Highways Code of the state shall apply to
assessments levied hereunder.
m
B. Additional Collection Provision. The provisions of Sections 8680 to 8688,
inclusive, and 8830 to 8835, inclusive,of the Streets and Highways Code of
the state shall apply to assessments levied hereunder.
.�� C. Charges. Should the Mayor and Common Council determine to prescribe,
revise and collect fees, tolls, rates, rentals and other charges (other than M
special assessments), including but not necessarily limited to service
charges and standby or maximum charges for services or facilities
furnished by the district, charges for the availability of the facilities of the N
district regardless of whether the facilities are used or not, the same shall
be done by resolution. Such charges shall be payable on a uniform and
equitable basis by the owner of the property to which the facilities of the a.
district are avail-able, including the owners of publicly owned property. -°
Any delinquent charges and all penalties thereon when recorded as
hereinafter provided shall constitute a lien on the real property to which the
facilities of the district are available (except that no such lien shall be v
created against any publicly owned property), and such lien shall continue
until the charge and all penalties thereon are fully paid or the property sold
therefor. All remedies provided for collection of due and unpaid charges E
which are provided in the Revenue Bond Law of 1941 of the state
(commencing with Government Code Section 54300) may be exercised to N
enforce payment of such charges shall not be adopted until the Mayor and a
Common Council have given notice of and held a hearing thereon
substantially as provided in Section 54354.5 of the Government Code,
being part of the Revenue Bond Law of 1941.
(Ord. MC-1027,9-8-98; Ord.3603 (part), 1976; Ord.3589§9(aa), 1976.)
l 12.84.740 Exemption of residential property.
1 Should there be included in the district property used for residential
[Rev.June 12.2012"-,�-,� LA,20Q] 12_85
Packet Pg. 1377
district, as shown by the diagram map,the benefits arising from such work,
and to be received by each such lot or parcel of land. He shall thereupon
prepare an assessment roll for submission to the Mayor and Common
Council for confirmation by resolution, which assesses upon and against
the lands in the assessment district the total amount of the costs and
expenses of such work and/or the cost of management, administration,
maintenance or operation of the improvement, if any,for the first year or for
the term of the assessment. Such roll shall assess the total sum upon the
several lots or parcels of land in the assessment district benefited thereby,
in proportion to the estimated benefits to be received by each of the several
lots or parcels of land within the district or within each zone included in the
district, if any. E
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B. Method of determining the assessment benefit. The method of determining a
the assessment benefit to be received by each of the said several lots or v
parcels of land within the district and/or zone shall be set forth in the o
resolution of intention, which may include but shall not be limited to, land u
area, assessed valuation of real property, assessed valuation of land only a
or number of lots or parcels.
C. Assessment computation. The annual assessment provided for in this
section shall be computed on the basis of the formula set forth in the
resolution of intention originally adopted or as modified by subsequent
change and modification or other proceedings conducted pursuant to this
Chapter or any other law,and the limitations upon the rate or period thereof
l provided in the Act (as defined in Section 12.90.040 Subsection B, 16
Paragraph 11) shall not apply. If the assessed value of any parcel of �6
property does not appear on the tax roll, an estimated assessed value of M
such parcel shall be made by the Director of Development SeFviGesPublic CT
Works in consultation with the County Assessor, and such estimate shall
for purposes of such ad valorem assessment be considered the assessed H
value of such parcel.
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D. Subsequent year assessments. Except as otherwise provided by the a
issuance of bonds, the cost for the Improvement and/or acquisition or
management, administration. maintenance or operation of the '"
Improvement, if any, for any subsequent fiscal year during which an
assessment is to be levied and collected within the assessment district d
pursuant to this Chapter, shall be accomplished by preparing an
assessment roll for submission to the Mayor and Common Council for
confirmation by resolution for each fiscal year in which the assessment is to E
be levied and collected, and shall constitute the levy of an assessment for
the fiscal year referred to in the assessment.When a bond issue funds the a
costs involved, such assessments shall be levied and collected as
specified in the bond-authorizing resolution or ordinance.
(Ord. MC-1027, 9-8-98; Ord. MC-150,4-5-82.)
12.90.100 Engineer's report.
1 Prior to or at the time of the adoption of the resolution of intention, the
engineer shall file a report with the City Clerk.When the report is filed with the City
.,. Clerk, the City Clerk shall present it to the Mayor and Common Council for
(Rev.June 12 2012"--". .x'^,^^la) 12-96
Council may provide in the resolution of intention that any real property
belonging to any county, City, public agency, school board, educational,
penal or reform institution or institution for the feeble minded or the insane
shall be assessed in accordance with the provisions of Sections 5300
through 5325, inclusive, of the Streets and Highways Code.
F. Termination upon determination of no benefit. If the Mayor and Common
Council find and determine that the area proposed to constitute the
assessment district will not be benefited thereby the Mayor and Common
Council shall terminate the proceedings.
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G. Effective date; effect of determinations in resolution; limitation on actions. E
a
From and after the date the Mayor and Common Council adopt the v
resolution of intention, the area named therein shall constitute the E
assessment district within the City bearing the name set forth in the a
resolution. The determinations made in the resolution forming the o
assessment district shall be final and conclusive. No action or proceeding u
to attack, review, set aside, or void the resolution, or any of the n
proceedings, acts or determinations theretofore taken, done, or made
pursuant to this Chapter, shall be maintained by any person unless such
action or proceeding is commenced within thirty days after the adoption of
such resolution. Thereafter, all such actions or proceedings, and any
defense of invalidity of such resolution or of such proceedings, acts or
determinations, are forever barred.
H. Disposition of property. The Mayor and Common Council, subject to the r
provisions of the City Charter, may determine that any parcel of property
acquired from the proceeds of the assessment district or any
improvements, extensions or replacements thereof or additions thereto,
are no longer needed for the purpose of the assessment district or such °
facilities may be otherwise better provided. Subject to the provisions of
the City Charters and restrictions in the resolution providing for the d
Issuance of any outstanding bonds, if any, relating to the facilities involved,
the property may thereafter be sold, leased or otherwise disposed of,either o
during or after the term of the assessment or bonds and the proceeds
placed in a fund as designated by the Mayor and Common Council and ~
used for the benefit of the assessment district. 5
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I. Assessment roll. Except as otherwise provided by the issuance of bonds,
the assessment roll shall state the amount to be assessed upon each lot or d
parcel of land within the district and shall refer to said lots or parcels of land E
by their respective County Assessor's parcel number as shown on the last
equalized County assessment roll,and shall refer to the fiscal year to which a
it applies,and shall upon its confirmation be filed in the office of the Director
of Public Works. When a bond issue funds the
costs involved, such assessment roll procedures as are provided for in the
bond-authorizing resolution or ordinance shall prevail.
J. Assessment diagram map. Prior to the confirmation of the assessment roll
by the Mayor and Common Council, the Engineer shall file with the City
Clerk and the Director of Public Works an
assessment diagram map. Upon the confirmation of the assessment roll,
[Rev.June 12.2012A^°''�.P. 42204-2] 12-98
Packet Pg. 1379
` trees, and street lighting facilities, or curb, or all of them.
B. This Chapter shall apply to property fronting on, or otherwise adjacent to,or
in conjunction with any street, arterial or collector street section.
C. This Chapter shall apply to driveway construction, reconstruction, or
removal and curb infill in front of a vacant lot, unimproved property, or
where an existing driveway no longer serves any development on a lot or
property.
N
D. Definitions. d
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As used in this Chapter: v
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1. "Sidewalks or curbs" includes gutters, driveways, pavement to the d
center line of the street,full pavement in alleys, storm and sanitary o
drainage facilities, water mains, pipes, conduits, tunnels, hydrants, U
and other necessary works and appliances for providing water a
service, paving to provide a parking lane on arterial or collector 2
street sections, parkway trees, and street lighting facilities.
2. "Fronting and facing" means abutting in the case of property
adjoining an alley Improvement. In the case of street lighting, in
determining how much of the front footage of a block has been
improved, the front footage of property benefiting from existing
installations may be included regardless of the side of the street on 16
which the installation has been constructed. 16
3. 'Block" means property facing one side of any street between the
next Intersecting streets or between the terminus of a dedicated °
right-of-way of a street and an intersecting street. Street does not
include an alley or other right-of-way unless it is of same width as a v
regular residential minimum-width street approved as part of a
master plan of circulation or streets by the City. In the case of an °
alley, block means property facing both sides of any alley between
the next intersecting streets or alleys,or between the terminus of an ~
a
alley and an intersecting street. In the case of street lighting, block
means property facing the side of any street on which the v
improvement is to be constructed between the next intersecting
streets on the side to be improved or between the terminus of a
dedicated right-of-way of a street and a street intersecting the side E
to be improved; or property facing the side of any street on which R
the improvement is to be constructed between the next intersecting a
streets on the side to be improved or between the terminus of a
dedicated right of way of a street and a street intersecting the side
to be improved and the property facing the opposite side of the
street.
Where a block exceeds 1,000 feet in length, a length of frontage of
1,000 feet constitutes a block as used in this Chapter, if so
designated by the Director of Development SeirvioesPublic Works.
A determination by the Director of Development SeINIGGisPublic
[Rev.Anne l2.2012"^•�',zv. ' , o] 12-101
Packet Pg. 1380
Works of such a 1,000-foot block establishes a block and cannot
later be changed to include a portion of said 1,000-foot block in
another block.
4. "Driveway" means a paved portion of a public street providing an
unobstructed passage from the roadway to an off street area used
for driving, servicing, parking, or otherwise accommodating motor
vehicles.
5. "Cost, construction cost," or variants thereof, means and includes
the actual cost of construction of the work and any incidental or d
administrative expenses. E
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6. "Superintendent of Streets" means the Director of Development E
Seafioe6Public Works of the City of San Bernardino or his v
v
designee. C
U
E. This Chapter shall apply to the removal of existing curbs and gutters, and n
construction of new curbs and gutters and fill-in street paving, as required .2
to match adjoining curb alignments,for parcels with a frontage of less than
300 feet.
(Ord.MC-1027,9-8-98;Ord. MC-691, 12-18-89; Ord. MC-796,7-1-91.)
n_
12.92.020 Adoption of State Statutes By reference.
The rules, regulations and procedures as set forth in Chapters 22, 24, and _16
.d 27, of Division 7 of the California Streets and Highways Code, are hereby adopted 16
by reference except as modified by this Chapter. (Ord. MC-691, 12.18-89.)
M
12.92.030 Duty to Remove Abandoned Driveways and Reconstruct
Appurtenant Areas. N
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A. When the owners of lots or portions of lots fronting on any portion of a
public street have driveways existing which no longer serve any a
improvements on said lot or parcel of property, the owners shall remove
and eliminate the driveways and construct or reconstruct sidewalks, curbs
and parkways in conformance with the remainder of the block.
v
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B. When the Director of Development SsFyiGes!Public Works finds any such
abandoned driveways, the Director of DOV91OPMRt SewlGasl`ublic Works
shall notify the owners of the property to remove the abandoned driveways
and to reconstruct the appurtenant areas.
(Ord.MC-1027,9-8-98; Ord. MC-691, 12-18-89.) :°-
a
12.92.035 Removal of Curbs and Gutters.
A. For any lot with a total frontage of less than 300 feet on a public street
where that lot's existing curbs and gutters do not match adjoining sections,
the owner of such lot shall remove the existing curbs and gutters and other
appurtenant improvements in conflict and shall construct new curbs and
gutters and other appurtenant improvements which are aligned with the
adjoining sections. For corner lots, the parcel on the other side of the
[Rev.June 12.2012""--01.x..42,2 2] 12-102
intersecting street shall be considered as an adjoining section.
These improvements will be required only if the existing dedicated
right-of-way for street and highway purposes will accommodate the
relocation of the curbs and gutters, except for minor amounts required to
allow construction of standard handicap ramps at intersections.
B. When the Director of Development SeFvioeisPublic Works finds any such
improvements adjoining any lots or portions of lots, that need to be
widened to match adjoining sections, the Director of Develepmept y
ServisesPublic Works shall notify the owners of the property to remove the v
existing improvements and construct new improvements, in conformance E
with the remainder of the block.
(Ord. MC-1027,9-8-98;Ord. MC-796, 7-1-91.) E
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12.92.040 Duty To Maintain and Repair Sidewalks and Curbs. o
0
A. The owners of lots or portions of lots fronting on any portion of a public o
street or place when that street or place is improved or if and when the area
between the property line of the adjacent property and the street line is
maintained as a park or parking strip,shall maintain any sidewalk and curb
in such condition that the sidewalk and curb will not endanger persons or
property and maintain it in a condition which will not interfere with the public
convenience in its use.
B. When the Director of Public Services finds any sidewalks or curbs out of
repair or pending reconstruction and in condition to endanger persons or
property or in condition to interfere with the public convenience in its use,
the Director of Public Services shall notify the owners of the property
fronting on that portion of such sidewalk or curb so out of repair, to repair °
the sidewalk or curb. N
(Ord. MC-1274, 7-21-08; Ord. MC-1027, 9-8-98;Ord. MC-691, 12-18-89.)
d
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12.92.050 Duty to Construct. a
A. The owners of lots or portions of lots fronting on any public street or place
when the street or place has been improved by the construction of c
sidewalks or curbs for a total frontage of more than fifty percent (50%) on
one side of such street or place in any block, or where a petition signed by
the owners of more than sixty(60%) of the front footage of any part of an
unimproved portion or portions of a block has been filed with the City
Clerk requesting the Installation of such improvements in front of said part,
or whenever the City upon its own motion orders the installation of such
improvements in front of said part, shall have the duty of constructing or a
causing the construction of sidewalks or curbs in front of their properties
upon notice so to do by the City.
B. When the Director of Public Works finds that
sidewalks or curbs have been constructed in front of properties constituting
more than fifty percent (50%) of the frontage in any block, or where a
petition signed by the owners of more than sixty percent(60%)of the front
footage of the block has been filed with the City Clerk requesting the
(Rev.June 12 2012"--".-g 9,2044) 12-103
Packet Pg. 1382
installation of such improvements, or whenever the City upon its own
motion has ordered the installation of such improvements in front of said
part, said Director of DeV8IGPFReRt ServiGesPublic Works shall notify the
owners of the property fronting on that portion of the street in such block in
which no sidewalks or curbs have been constructed theretofore, to
construct or cause to be constructed sidewalks or curbs in front of their
property.
(Ord. MC-1027, 9-8-98;Ord. MC-691, 12-18-89.)
12.92.060 Service and Contents of Notice.
c
A. Notice to construct, repair, maintain, remove or reconstruct sidewalks, a
curbs or driveways may be given by delivering a written notice personally to
the owner of the properly or to the person in possession of the property E
facing upon the sidewalks, curbs or driveways to be improved or by mailing d
a written notice to the owner of the property thereof at his last known o
address as appears on the tax assessment rolls of mailing a written notice
to the owner of the property thereof at his last known address as appears a
on the tax assessment rolls of the County. Immediately upon mailing the .2
notice, the property shall be posted in a conspicuous place.
B. The notice shall particularly specify what work is required to be done,
where standard construction drawings may be obtained showing how it is
to be done and what materials shall be used in the construction and shall
further specify that if a permit is not obtained and the construction is not
commenced within sixty (60) days after notice is given and diligently and
without interruption prosecuted to completion,the Director of Deveteprnent u;
SewisesPublic Works shall cause the construction to be done, and the cost
of the same shall be a lien on the property.
0
However, upon petition by all of the affected property owners, the 60-day N
period may be waived and the Director of Develepment ServigesJPublic
Works may immediately cause the construction to be done, and the cost of A
the same shall be a lien upon the property. a
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C. The notice shall specify the day, hour and place when the Mayor and
Common Council will hear objections or protests, if any, which may be
raised by any property owner or other Interested persons, but in no case d
shall such hearing be sooner than ten (10) days after giving notice.
Upon the day and hour fixed for the hearing the Mayor and Common I
Council shall hear and pass upon objections or protests and their decision E
shall be final and conclusive.
D. If the required improvements are not commenced and prosecuted to a
completion with due diligence as required by the notice, the Director of
Development Public Works shall forthwith make the required .
improvements.
(Ord. MC-1027,9-8-98; Ord. MC-691, 12-18-89.)
l 12.92.070 Hearing and Assessment of Costs.
A. Upon the completion of the improvements, the Director of Development
[Rev.June 12.2012, i^,^^'^^^'^] 12-104
Packet Pg. 1383
T1c n. i
SewisesPublic Works shall cause notice of the cost of the improvements to
be given in the manner specified in Subsection 12.92.060, except for
posting, said notice shall specify the day, hour and place when the Mayor
and Common Council will hear and pass upon a report by the Director of
Development Public Works of the cost of the improvements,
together with any objections or protests,if any,which may be raised by any
property owner liable to be assessed for the cost of such improvements
and any other interested persons. In no case shall the hearing provided
for in this section be sooner than ten (10)days after giving of notice.
B. The cost of the improvements may include administrative expenses
required for the proper coordination and functioning of the improvements in E
front of the parcel as determined by the Mayor and Common Council.
E
C. Upon the day and hour fixed for the hearing the Mayor and Common v
Council shall hear and pass upon the report of the Director of Develepmeat ( o
SewisesPublic Works, together with any objections or protests which may U
be raised by any of the property owners liable to be assessed for such o
construction and any other interested persons. .2
3
Thereupon the Mayor and Common Council may make such revision,
correction or modifications in the report as it may deem just, after which, by
resolution, the report as submitted, or as revised, corrected or modified,
shall be confirmed. The Mayor and Common Council may adjourn the r
hearings from time to time. The decisions of the Mayor and Common
Council on all protests and objections which may be made, shall be final O
and conclusive.
D. Upon confirmation of the above report, the Mayor and Common Council
may order the notice of lien to be turned over to the accounting officer of the
City,whereupon it shall be the duty of this officer to have the amount of the N
assessment added to the next regular bill for taxes levied against the lot or y
parcel of land. If the City taxes are collected by the county officials, the
notice of lien shall be delivered to the County Auditor, who shall enter the a
amount thereof on the County assessment book opposite the description of
the particular property and the amount shall be collected together with all
other taxes thereon against the property. The notice of lien shall be
delivered to the County Auditor before the date fixed by law for the delivery v
of the assessment book to the County Board of Equalization.
(Ord. MC-1027, 9-8-98; Ord. MC-691, 12-18-89.)
E
E
12.92.080 (Repealed by MC-737, 7-16-90.) �
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12.92.090 Limitation of Actions. a
A. Time.
No action, suit, or proceeding to set aside, cancel, avoid, annul or correct
any assessment or reassessment, or to review any of the proceedings,
acts or determinations therein, or to question the validity of, or to enjoin the
collection of the assessments or reassessments, or to enjoin the issuance
of bonds to represent the same, shall be maintained by any person unless
(Rev.June 12.2012"--"r '.r ^,^^t-^21 12-105
Packet PgC:1384
7.Lc,
Services Director a waiver and release in a form approved by the City
Attorney or his/her designee. Such determination shall be subject to
appeal to the Mayor and Common Council pursuant to Chapter 2.64 of this
Code.(Ord. MC-1274, 7-21-08; Ord. MC-737,7-16-90.)
12.93.020 Administration.
The Director of Public Services may promulgate written procedures,
regulations, guidelines and fees pertaining to the implementation of this chapter.
Such procedures, regulations, guidelines and fees shall not become effective until 7
approved by resolution by the Mayor and Common Council. (Ord. MC-737, 7-16-90) d
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Chapter 12.94 E
IMPROVEMENT DISTRICTS a
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Sections; v
12.94.010 Definitions. o
12.94.020 Issuance of bonds -Administrative fee. 2
12.94.030 Advance of estimated costs - Reimbursement of 3
expense -surplus.
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12.94.010 Definitions. �
A. "Improvement Districf'means any assessment district created by action of
the Mayor and Common Council for the purpose of funding curbs, gutters,
streets, storm sewers, sanitary sewers, water mains and other public
improvements necessary or convenient for the purpose of the district being
formed. Public improvements shall include, but shall not be limited to, those
itemized in Streets and Highways Code Sections 5101, 8570, and 10100.
r
B. "Developer-requested improvement district" means any improvement
district where a developer representing a majority in interest of the owners rn
of the land affected requests that the City form such district to enable such a
owners to develop a new subdivision or parcel map of any type or
undertake enlargement, development, expansion or change of use of
existing commercial or industrial development. Whether a particular =
developer represents a majority in interest of the owner shall be
determined by the Director of Development SeNiGOS!Public Works.
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C. 1911 Act" refers to"The Improvement Act of 1911", Streets and Highways E
Code, Division 7, being Section 5000, et seq.
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D. "1913 Act" refers to"The Municipal Improvement Act of 1913", Streets and a
Highways Code, Division 12, Section 10000, at seq.
E. "1915 Act" refers to "The Improvement Bond Act of 1915", Streets and
Highways Code, Division 10, being Section 8500, et seq.
(Ord. MC-1027, 9-8-98; Ord. MC-149,4-5-82.)
12.94,020 Issuance of bonds -Administrative fee.
[Rev.June 12,201gAVFA'.p. 2,24f2] 12-107
i
<Pcef Fxi3$S'
For any developer-requested improvement district in which the
improvements are to be financed by issuance of assessment district bonds, bonds
may be authorized and issued by authority of the Mayor and Common Council
under the provisions of the 1911 Act,the 1913 Act,the 1915 Act,or any other state
law or any ordinance or provision of the San Bernardino Municipal Code, as the
Mayor and Common Council may determine. For any such issuance, an
administrative fee of one percent of the total bond issue shall be paid to the City's
Assessment District Reserve Fund to be used exclusively for the financing of
assessment districts as authorized by the Mayor and Common Council. Such fee
shall be paid out of the proceeds of the sale of the bonds,and shall be in addition to
any other applicable fees, charges or incidental expenses. (Ord. MC-467, 7.15-85; d
Ord. MC-149, 4-5-82.) aE
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12.94.030 Advance of estimated costs - Reimbursement of expenses of E
surplus.
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0
Prior to the adoption of a resolution of intention relative to any U
developer-requested improvement district, the developer representing the owner o.
or owners of the property therein shall advance to the City the estimated costs of 2
organizing, engineering and developing the proposed assessment district, in such
amount and payable at such times as the Director of DevelepmeRt 88FOGeSpublic
Works shall designate. Such advancement of funds shall be utilized solely for the O
expenses of organizing, engineering and developing the proposal for such district.
In the event the district fails at the public hearing or is otherwise terminated for any
reason, or the bonds are not sold, such portion of the advancement representing
l actual costs to the City in preparing for such improvement district, including
J administrative costs,shall be held by the City,as reimbursement for such expense,
and any surplus remaining shall be returned to the person or persons depositing M
such funds. If the improvement district is finalized and bonds are sold, the
expenses shall be reimbursed to the City from bond proceeds; and the entire
amount deposited shall be returned to the person or persons depositing such N
funds. (Ord. MC-1027, 9-8-98; Ord. MC-149,4-5-82.) m
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Chapter 12.95 a.
SUBSTANDARD DRIVEWAY APPROACHES
Sections: c
12.95.010 Substandard Driveway Approaches: City
Participation.
12.95.020 Eligible Projects.
12.95.030 Work Performed.
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12.95.010. Substandard Driveway Approaches: City Participation. w
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Notwithstanding other provisions of this Code, the Streets and Highways
Code or any other provision of law, the City, at its discretion, may contribute fifty
percent(50%) of the cost incurred for removal and reconstruction of substandard
driveway approaches as provided in this Chapter. (Ord.MC-854, 11-16-92.)
l 12.95.020. Eligible Projects.
J Eligible projects for City participation of one-half the cost shall be only
[Rev.June 12.2012"x.:42,20 2] 12-108
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those driveway approaches which exit onto arterial or collector streets and which
have been found by the Director of DAvAlnprnent SeFv cesPublic Works to not be in
accordance with the Department of Development Services'Standard Drawing No.
203. (Ord. MC-1027, 9-8-98; Ord, MC-854, 11-16-92.)
12.95.030 Work Performed.
The work hereunder may be performed by a private contractor engaged by
the property owner or, by the City, at the discretion of the Director of Development
SewisesPublic Works and following application to the Community Development y
Services Department for participation in the program. v
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(a) An application for work to be performed may be initiated by either
the City or the property owner. E
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(b) Applications, outlining the work to be performed shall be completed $
on forms to be provided by the Development Services Department. u
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(c) The Director of Development-Servieespublic Works, upon finding 2
that an application is consistent with the intent of this Chapter, shall
have an inspection made of the project; estimate the cost of the
work; and advise the property owner of the dollar amount of the
City's one-half contribution.
(d) If the Director of Development ServicesPublic Works makes a
determination that the City shall perform the work, the property u;
owner shall deposit the sum determined pursuant to (a) above with 16
the Community Development Sewiees Department, prior to the
work being performed. The Director of 9evelepmeat
ServicesPublic Works shall determine time frame for such payment o
and if the property owner shall have not made such deposit, within ti
such time frame then that property shall be dropped from the u
project. rn
(e) If the Director of Development Sery GesPublic Works makes a a
determination that the property owner may perform the work, then °
the property owner or his/her private contractor must obtain a no
cost Public Works construction permit. Following final inspection
and approval of the work by the City, and upon the presentation of
receipted bills or invoices, the Director of Development
Sewicespublic Works shall authorize 50% of the actual cost of the c
project, or the sum determined pursuant to (c) above, whichever is E
less, to be paid to the property owner.
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(t7 The Director of Development Servie@6Public Works may initiate the a
removal and reconstruction hereunder by mailing a letter to the
property owner advising of the City's participation program and
enclosing an application form. In the event a property owner fails
to respond or declines to participate in the program within 15 days
after the date of the notice, all proceedings will terminate.
(g) Any unforeseen necessary extra work which may arise during such
removal and reconstruction or caused by such removal and
[Rev.June 12.2012ApFi641-29}21 12-109
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12.96.030 Participation by Property Owners.
A. When the owners of lots or portions of lots fronting on any portion of a
public street have frontages existing which do not meet City codes and
standards for landscape improvements on said lot or parcel of property,the
owners may apply for City cost sharing assistance to install landscaping in
conformance with the remainder of the block and in compliance with City
approved plans and specifications.
B. After applications for assistance and the Agreement for joint City property
owner participation are approved, the Director of DeveaPrneat d
SewisesPubllc Works shall notify the property owner to prepare landscape
plans for approval and upon approval of plans to cause landscaping to be v
installed on the frontages. Landscape plans shall be reviewed and a
approved by the Director of Parks, Recreation and Community Services d
Department prior to commencement of landscape installation. o
(Ord. MC-1027,9.8-98;Ord. MC-786, 5-20-91.)
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12.96.040 Participation by City. 2
Notwithstanding other provisions of this Chapter or any other provision of
law, the City may pay 1/2 of the cost of construction of landscaping located on the O
right-of-way and within the building set-back area up to a maximum of twenty(20)
feet, at the discretion of the Development Services Director. The Development
Services Director shall make such determination based on the cost of the
construction, the ability of the property owner to pay and the cooperation exhibited
by the property owner. Such determination shall be subject to appeal to the
Mayor and Common Council pursuant to Chapter 2.64 of this Code.(Ord.MC-1027,
9-8-98; Ord. MC-786, 5-20-91.)
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12.96.050 Duty to Install Landscaping. rn
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The owners of lots or portions of lots fronting on the City rights-of-way in the
specified areas whenever the City has approved the application and signed the
agreement to pay the 50% portion of the costs of the installation of such landscape
improvements in front of said part, shall have the duty of installation or causing the v
installation of landscaping in front of their properties upon notice so to do by the
City. (Ord. MC-786, 5-20-91.)
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12.96.060 Duty to Maintain and Repair After Installation. �
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A. The owners of lots or portions of lots fronting on any portion of the public a
right-of-way on the specified streets and arterials or in the specified
commercial zones shall after such property is improved, maintain that
property in accordance with established City standards and in such
condition that the improved area will not endanger persons or property and
maintain it in a condition which will not interfere with the public convenience
j l in its use.
J B. When—the—Director—of- — . ' Public..Works .finds any--I
[Rev.June 12.201ZApk -1 ] 12-111 1
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landscaped frontages which are not being maintained up to City
maintenance standards or which are in condition to endanger persons or
property or in condition to interfere with the public convenience in its use,
the Director of Public Works shall notify the owners
of the property fronting on that portion of such rights-of-way to perform
maintenance of the landscaped frontages.
(Ord. MC-1027,9-8-98;Ord. MC-786, 5-20.91.)
12.96.070 Service And Contents of Notice to Maintain After Installation.
A. Notice to repair or maintain landscaping and appurtenant areas may be v
given by delivering a written notice personally to the owner of the property E
or to the person in possession of the property facing upon the City
rights-of-way to be maintained or by mailing a written notice to the owner of E
the property thereof at his last known address as appears on the tax d
assessment rolls of the County. Immediately upon mailing the notice, the $
property shall be posted in a conspicuous place.
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B. The notice shall particularly specify what work is required to be done, .2
where standard landscape maintenance requirements may be obtained 3
showing how it is to be done and what materials and plants shall be used in
the maintenance improvements and shall further specify that if the
maintenance is not commenced within thirty (30)days after notice is given
and diligently and without interruption prosecuted to completion, the A
Director of Develepment SewiG Public Works shall cause the
maintenance to be done, and the cost of same shall be billed to the
property owner. Failure to pay invoices for landscape maintenance within
thirty(30) days shall result in a lien on the property. M
C. The notice shall specify the day, hour and place when the Mayor and CS
Common Council will hear objections or protests, if any, which may be N
raised by any property owner or other interested persons, but in no case
shall such hearing be sooner than ten (10) days after giving notice. Upon
the day and hour fixed for the hearing, the Mayor and Common Council a°
shall hear and pass upon objections or protests and their decision shall be =
final and conclusive.
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D. If the required maintenance improvements are not commenced and
prosecuted to completion with due diligence as required by the notice, the
Director of Public Works shall forthwith make the c
required improvements. £
(Ord. MC-1027,9-8-98; Ord. MC-786,5-20-91.)
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12.96.080 Hearing and Assessment of Costs, a
A. Upon the completion of the maintenance improvements, the Director of
DevelopmeRt Public Works shall cause notice of the cost of the
maintenance improvements to be given in the manner specified in
Subsection 12.96.060,except for posting, said notice shall specify the day,
1 hour and place when the Mayor and Common Council will hear and pass
upon a report by the Director of Develepment SewlserPublic Works of the
cost of the improvements, together with any objections or protests, if any,
[Rev.June 12 20 ] 12-112
Packet Pg. 1389
\ which may be raised by any property owner liable to be assessed for the
cost of such maintenance improvements and any other interested persons.
In no case shall the hearing provided for in this section be sooner than ten
(10)days after giving of notice.
B. The cost of the maintenance improvements may include administrative
expenses required for the proper coordination and functioning of the
maintenance improvements in front of the parcel as determined by the
Mayor and Common Council.
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C. Upon the day and hour fixed for the hearing the Mayor and Common v
Council shall hear and pass upon the report of the Director of Develeprneat E
SewisesPublic Works, together with any objections or protests which may d
be raised by any of the property owners liable to be assessed for such a
maintenance improvements and any other interested persons. Thereupon v
the Mayor and Common Council may make such revision, correction or o
modifications in the report as it may deem just, after which, by resolution, u
the report as submitted, or as revised, corrected or modified, shall be a
confirmed. The Mayor and Common Council may adjourn the hearings
from time to time. The decisions of the Mayor and Common Council on all
protests and objections which may be made, shall be final and conclusive.
D. Upon confirmation of the above report, the Mayor and Common Council
may order the notice of lien to be turned over to the accounting officer of the n
City,whereupon it shall be the duty of this officer to have the amount of the
assessment added to the next regular bill for taxes levied against the lot or
parcel of land. If the City taxes are collected by the County officials, the �6
notice of lien shall be delivered to the County Auditor, who shall enter the M
amount thereof on the County assessment book opposite the description of
the particular property and the amount shall be collected together with all
other taxes thereon against the property. The notice of lien shall be
delivered to the County auditor before the date fixed by law for the delivery
of the assessment book to the County Board of Equalization.
(Ord. MC-1027,9-8-98; Ord.MC-786, 5-20-91.) a
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12.96.090 Limitation of Actions.
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A. Time. v
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No action, suit, or proceeding to set aside, cancel, avoid, annul or correct
any assessment or reassessment, or to review any of the proceedings, acts or
determinations therein, or to question the validity of, or to enjoin the collection of
the assessments or reassessments or to enjoin the issuance of bonds to represent M
the same, shall be maintained by any person unless such action is commenced a
within 30 days after the recording of the warrant, diagram and assessment or
reassessment, and thereafter all persons shall be barred from any such action or
any defense of invalidity of the assessment or of bonds issued thereon.
B. Property Unlawfully Dedicated or Acquired.
No proceedings taken or had under this provision shall ever be held to be
invalid on the ground that the street right-of-way, public property or any portion
[Rev.Jwie 12.2012"^-"r.�, '^�^'^] 12-113
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TITLE 13
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Title 13
PUBLIC UTILITIES
Chapters:
13.04 Wells.
13.08 Connection with Public Sewer.
13.12 Cross-connections and Backflow Prevention Devices.
13.16 (Repealed by MC-950, 9-21-95.)
13.20 Geothermal Resources.
13.24 Water Supply System.
13.25 Spreading or Extraction Within The Management Zone. v
13.28 Collection of Delinquent Water, Rubbish, Sewer or Other E
Municipal Utility Charges. d
13.32 Wastewater Facilities. E
13.36 Underground Utilities, a
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Chapter 13.04
WELLS a
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Sections: �
13.04.010 Measurement of water-Records required.
13.04.020 Record of wells that have been bored.
13.04.030 Recordkeeping requirement.
13.04.010 Measurement of water-Records required.
It shall be the duty of the Board of Water Commissioners of the City to vi
cause measurements to be taken of all water naturally flowing out of the San
Bernardino artesian basin and also of all water artificially taken and transported out
of the San Bernardino artesian basin or any of its tributaries; to cause
measurements to be taken of the flow of water from artesian wells in the San r
Bernardino artesian basin and also the depth to water in such wells that do not
naturally flow to the surface of the ground; to cause to be taken measurements of
the pressure of water at the surface of the ground flowing from artesian wells in the
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San Bernardino artesian basin; to cause to be taken measurements of all water
used in the water system of the City; to keep a record, in the office of such ~
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commissioners, of all measurements of water and water pressure herein-before S
referred to, and also to keep a book in which all persons employed in or engaged in d
taking any of such measurements shall record a true copy of such measurements
and the person so taking such measurements shall be required in such book to
state the time of taking such measurement and by some proper designation the E
place of such measurement and when so recorded, the person shall sign his name A
to such record. (Ord. 677 §1, 1917.)
13.04.020 Record of wells that have been bored.
The Board of Water Commissioners of the City shall procure and cause to
be recorded in a proper book a true and correct log of all wells that have been
bored in the San Bernardino valley subsequent to the first day of August, 1916,or
that may hereafter be bored therein. (Ord. 677§2, 1917.)
[Rev. June 12 2012Apri 'r °,�^^ j 13-1
and are separate from all other fees and charges imposed by the SBMWD. The
amount of these charges and fees and method of implementation shall be
established by resolution of the Board.
13.32.705 Recovery of Costs.
In the event a user fails to comply with any of the terms and conditions of
this Chapter, an administrative order, compliance schedule or a permit issued
hereunder, the City shall be entitled to reasonable attorney fees and costs which
may be incurred in order to enforce any of the terms and conditions,with or without
filing proceedings in court. v
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13.32.710 Connection Requirements.
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A. The owner of any property used for human occupancy, employment, v
recreation, or other purposes situated within the SBMWD service area may o
be required to connect the property directly to the City sewerage system. U
The property owner may petition the Mayor and Common Council under a
SBMC 13.08.080 for reimbursement of the costs for the portion of the
sewer line extension over three hundred (300) feet from the point of
connection with the City sewerage system to the owners property line.
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B. The City may waive or modify the sewerage system connection
requirements where one or more of the following conditions exist:
1. The proposed single family residential development will be 16
w constructed on property larger than one-half acre, or the proposed 16
commercial/industrial development will generate less than 200 M
gallons of domestic sewage per day (based on fifteen (15)gallons
of sewage per day per employee);there Is a natural obstruction that °
prevents the property from being connected to the City sewerage
system.
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2. The proposed residential development of four(4)units or less is an a
infill project,where structures exist on at least 75%of the block and
none of the properties are connected to the City sewerage system.
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3. The proposed development is an expansion,is less than 25% in v
area of the existing structure, and does not exceed one
thousand (1000) square feet. v
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4. The proposed development will not generate any sewage.
C. A waiver to connect to the City sewerage system shall not be construed as a
approval for the installation of a septic tank. Permits for construction of
septic tanks shall be subject to the City Building Bepa4ment—Division
environmental review and approval process. All waivers shall be
considered temporary. Connection to the City sewerage system will be
required within one hundred twenty (120) days when the City sewerage
system is constructed less than three hundred (300)feet from the owners
property line. The sewer connection waiver requires the property owner to
waive all future property rights protesting the formation of a sewer
[Rev.June 12.2012"-•�'.�y - ] 13-144
Packet Pg. 1393
assessment district which encompasses the property. An administrative
fee of five hundred dollars ($500) is required for all requests to waive the
sewer connection requirements.
D. A connection permit is required before any person is authorized to connect
and discharge any wastewater to the City sewage system. The
connection permit authorizes the person to physically connect the property
to the City sewerage system. The connection permit is separate and
distinct from the Industrial User discharge permit required which is required
of Class IN users.
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E. Connection permits shall be issued by the City Building DepartrneR — E
Division in accordance with applicable regulations which describe the d
permit conditions, required construction specifications, and the E
corresponding fees for the connection permit. v
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F. Each property shall be connected to the City sewerage system through a U
separate connection; unless the General Manager determines that a single a
connection will adequately protect the interests of the City. Individual
connection permits are required for each separate connection.
G. The property owner is required to seal all sewer connections upon
abandonment of the property to prevent wastewater flow to the City
sewerage system.
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13.32.715 Construction of Public Sewer Extension.
A. Any extension of the public sewer system by a user shall be approved by M
the City and constructed in accordance with all applicable Ordinances,
regulations and Building codes. The costs of any sewer extension shall °
be the responsibility of the user requesting the extension and the users
benefiting from the sewer extension.
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B. The City shall enter into an agreement with any user completing an a
extension of the public sewer system for the repayment of all costs of the
extension not owned or controlled by the user. The agreement shall be
made pursuant to the requirements of the City and shall be approved by the E
Mayor and Common Council. d
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13.32.720 Sewer Service Charges. u
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A. All single family residential dwelling units shall be charged a fixed monthly a
fee for each individual dwelling unit. The residential sewer charge shall be
established by resolution of the Board. The sewer fees shall be sufficient
to cover the share of sewerage costs attributed to the residential class of
users. The costs shall include all costs associated with financing,
maintaining, and operating the sewerage system and developing the
necessary reserve funds to ensure future development and operation of
the system.
[Rev.Jwie 12.2012Ap '.p.,,-.', ] 13-145
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TITLE 15
BUILDINGS AND CONSTRUCTION'
Chapters:
15.04 Building Codes.
45.-08--Liyuefae{ion:
15.10 Foothill Fire Zone Building Standards.
15.11 Building Safety Enhancement Area Building Standards.
15.12 Earthquake Hazard Reduction in Existing Buildings. E
15.16 Uniform Fire Code.
15.20 Certificate of Occupancy. E
15.24 Property Maintenance Requirements. a
15.25 Rental Housing Program. o
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15.26 Single-Family Rental Property Inspection Program. m
15.28 Dangerous Buildings.
15.32 (Repealed by MC-781, 4.22-91.)
15.34 Removal or Destruction of Trees. g
15.36 Demolition and Moving of Buildings and Structures. m
15.37 Historic Building Demolition Ordinance.
15.38 (Repealed by MC-880, 6-21-93.) n
15.40 (Repealed by MC-880, 6-21-93.)
15.44 (Repealed by MC-880, 6-21-93.) 16
15.48 Swimming Pools. u;
15.52 (Repealed by MC-781, 4.22-91.) M
15.55 City Assumption of Code Enforcement in Mobile Home o
Parks.
15.56 (Repealed by MC-781, 4.22-91.) N
15.57 Cultural Development Constructions Fees.
15.60 (Repealed by MC-880, 6-21-93.) a
15.64 (Repealed by MC-84.)
15.68 Washers, Dryers, Extractors, and Compressors.
15.72 (Repealed by MC-781, 4-22-91.) __
15.73 Verdemont Area - Infrastructure Fee. d
15.74 Violation - Penalty.
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For statutory provisions authorizing cities to regulate buildings and construction,
see Gov. Code §§38601 and 38660; for provisions on the construction of housing,
see Health and Safety Code §17910 et seq., for provisions authorizing cities to
l adopt codes by reference, see Gov. Code §50022.1 et seq.
J [Rev.June 12.2012°f.,. '� z2, °]
15-1
'PackefPg..1396
measures to be taken, and sign a statement approved by the building
official agreeing to repair or correct any violations found during subsequent
inspections and to obtain any additional permits as may be required. (Ord.
MC-880,6-21-93)
15.04.084 (Repealed by MC-1262, 12-17-07 & MC-1261, 12.03-07)
15.04.085 Uniform Administrative Code, Tables 3-A, 3-13, and 3-13
amended - Fees. H
A. Uniform Administrative Code, Table 3-A is amended by adding Nos. E
5, 6, 7, and 8 under Other Inspections and Fees as follows:
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5. A fee in the sum of one hundred twenty dollars ($120.00) for a
the inspection of any existing property or building required to 0
be made by the Development SepAeesCommunity
Development Department for compliance with the National
Housing Act or other lending institutions and regulations
thereunder shall be paid to the City by the applicant for such g
inspection service.
6. A fee in the sum of sixty dollars($60.00)for the inspection of a
room addition, garage, patio, or other portion of a building
when the entire building need not be inspected.
7. The fee for a pre-permit inspection shall be as follows: M
Residential - $120.00 per structure up to four (4) units plus
$10.00 for each additional unit in excess 'v.
of four (4). 0
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Commercial - $120.00 per structure up to 5000 square 2
feet, plus $.02 for each additional square
foot of floor area in excess of 5000
square feet. d
8. An application fee of Seventy-five Dollars ($75.00)for review
of a proposed alternative material and/or method of
construction to be used instead of the material and/or
construction method specified in the Uniform Building Code, a
B. Uniform Administrative Code, Table 3-B is amended by adding New
Commercial Buildings and Electric Meter Reset Inspections as
follows:
l New Commercial Buildings: The fee of$.015 per square foot shall
J tRev.June 12 2012",zp4 2,24'21
15-10
15.04.225 National Electrical Code Section 820.200 is added - CATV
Installation.
820.200 CAN Installation. Contractors or developers
constructing two or more residential building units shall comply with the
requirements for cable television installations set forth in Section 19.30.110
of the San Bernardino Development Code. (Ord. MC-1262, 12-17-07; Ord.
MC-1261, 12-03-07; Ord. MC-446,4-15-85.)
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15.04.230 National Electrical Code Section 410.120 is added - Time a
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Contraints for Decorative Lighting.
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410.120 Time Constraints for Decorative Lighting. The a
duration and use of temporary electrical power and lighting installations for
holiday decorative lighting and similar purposes shall be in accordance with
the manufacturer's intended use and listing. (Ord. MC-1337, 1-1-11; Ord. o;
MC-1262, 12-17-07; Ord. MC-1261, 12-03-07; Ord. MC-1108, 11-19-01; Repealed by
MC-460.)
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15.04.250 (Repealed by MC-1262, 12-17.07 & MC-1261, 12.03-07)
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15.04.251 Stop work order.
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A. Any person, firm or corporation who continues work on a building or
structure after a stop work order has been issued by any of the C.
employees listed in San Bernardino Municipal Code Section d
9.90.010 A 2, 3, 4, 5, 6 or 8, shall be guilty of a misdemeanor.
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B. Each day during any part of which the activity prohibited by F
subdivision (a) of this section continues shall be a distinct and
separate offense. a
(Ord. MC-728, 5-7-90.)
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LIQUEFACTION t
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4G "x.020— UFP868.
Seepe Map.
15.08.040 LlquefaGtlen Defined,
15.08.050 RepoiU Required.
15.08.060 Exemptions-
15.08.070 AdmmnostFatlan and Enfamement-
[Rev. June 12 2012"--�'�. '^,"^lam]
15-18
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15.08.080 ComplianGe Required Mer to IssuanGe of Permits.
15-08-010 FindinW.
15.08.090
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damage and less of 'Ffe due to Nquefaction iRdUgAd building failures dWing
jUFiSdiGtiOR. (QFd. MG 676, 9 18 89.)
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(25%)of the building aFea,whiGh ;IFP 'RGat6..d within
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from a solld state into a "quefled state as a GGRGequenGe of
System, are PaFtiGUlaFlY susGeptible to 1'quefaGtiGn when they are satuFated
;h4t.h. v.,atgr and. shaken by an earthquake. UqU9faGtigR Pt AF new the
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15.08-060 Reports Required.-
A.i A 1'n efMG1.O.. Br�-•nn.1 eG-[�'"I "4-bY-.3 r
(25,14) ef the buildhg
area fOF the buildings er stFuGtuFpr listed below whiGh fall within the
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determined by Table 23 'A. of the Unifem; Building Cede.
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(2550G) Of thG building
ndinated on the Map�
. EsseRtial fgGilities, ..... `1..f...a in C__f._.. 2312(K) of the
[Rev. June 12.2012.^--' '�pr 4,204-2]
15-20
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•� statiens, and government disaster Gperation and
2• All 4 r listed in Suh SAGtOOR 16 09 050A, when the
needed based on GurreRt data.
15-08-960 Exemptions. W
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The follev ing buildings and struntiffes shall he exempt fFem c
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the site will liquefy and has designed for4lque
been designed te
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leakage dwAng 6eh6FniG events.
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ISAR.= AchnWstrataon and Enforcement.
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l Ord. MG 676,9 4@-> ..)
[Rev.June 12,20121412]
15-21
„= 11
15-08-080 Compllanr-e R0qUiFed PrieF to Issuance of Permits
Development SeNiGGS in oempliaRGO With this ChapteF shall be denied
i ssuanGe ef grading and building peFrnits. (GFd. MG 1027,9 8 98i OFd MG 676,
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of Develepment Sewees may appeal the In the Mayer and c
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Chapter 15.10
FOOTHILL FIRE ZONE BUILDING STANDARDS
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^
Sections: ^
15.10.020 Purpose.
15.10.030 Very High Fire Severity Zones.
15.10.040 CBC Section 701A.3.2 - Existing Structures. r
15.10.060 Applicability.
15.10.080 Applicable Building Standards.
d
15.10.020 Purpose.
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The purpose of this Chapter is to promote public safety and welfare m
by reducing the risk of injury, death, or property damage that may result a
from wildland fires in the foothill areas of the City. The building standards
contained in this Chapter are intended to prevent the ignition of, or
otherwise reduce the spread of fire on developed properties, by controlling
the use of materials and methods of construction. (Ord. MC-1163, 1-20-04; Ord.
MC-1162, 1-05-04; Ord, MC-960, 3-4-96)
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15.10.030 Very High Fire Hazard Severity Zones. A
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Very High Fire Hazard Severity Zones are hereby designated in the
City of San Bernardino as recommended by the Director of the California
Department of Forestry and Fire Protection within the City of San
Bernardino as depicted on a map titled City of San Bernardino Very High
Fire Hazard Severity Zones dated October 29, 2008, on file at the office of
l the City Clerk, 300 N. D Street, San Bernardino, California. (MC-1309-
J 07-06-09)
(Rev.hme 12 2012Apri 44,20k2]
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Planning 9#icialshall deny the issuance of a permit.
C. Any person aggrieved by the denial of a permit by the Community
Development Department Rlanning-9#is may appeal the decision
to the Mayor and Common Council in accordance with the provisions
of Chapter 2.64 of this Code.
(Ord. MC-682, 11-6-89)
15.34.050 Inspection Fee.
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Each application for a permit shall be accompanied by an inspection a
fee which shall be established by resolution of the Mayor and Common v
Council. (Ord. MC-682, 11-6-89) E
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15.34.060 Violation. C
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Any person who violates or causes violation of any provision of this
Chapter shall be deemed guilty of an infraction or misdemeanor,which upon
conviction thereof is punishable in accordance with the provisions of Section
1.12.010 of the San Bernardino Municipal Code.
r_
Any person who violates or causes violation of any provision of this
Chapter, in addition to the above fine, shall pay restitution to the City of San
Bernardino for unlawful destruction or removal of the trees in an amount not
to exceed the replacement value of the trees. (Ord. MC-682, 11-6-89.)
M
C;
Chapter 15.36
DEMOLITION AND MOVING OF BUILDINGS N
AND STRUCTURES
o+
Sections: a
15.36.010 Permit required -Applications
15.36.020 (Repealed by MC 460, 5-13-85.)
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15.36.010 Permit required - Application.
Any person, firm, or corporation desiring to demolish, dismantle, or v
tear down any house, building, or structure within the City or to move the z
same outside the City limits shall, before proceeding with such work, file an
application with the Superintendent--Building Official of the Department of ¢
Community Development for permit to do so. The
SuperintendentBuiidinp Official, if he feels that the granting of such permit is
not contrary to public health, safety, and welfare, and if he determines that
the applicant has fully complied with and satisfied each and every other
applicable provision of local and state law, shall issue such permit; provided,
however, that as a condition to the issuance of such permit, the applicant
shall pay to the City any applicable Fee in
[Rev. Jane 12 2012"-°'44,2M]
15-91
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\ and fnrth in SeGtInn 302 Of "a LlRiforFn
shall deposit with him a surety bond in the amount of one thousand dollars to
insure the faithful performance by the applicant of the following conditions
under which such permit is granted, namely: that upon the moving,
demolition, dismantling or tearing down of such house, building or other
structure, the lot, parcel, or site shall be cleared of all debris, brick, rock,
cement work, foundations, weeds, brush, dead or uncared for trees and
vegetation and be filled and graded in accordance with the provisions of
Chapter 15.04 in such a manner that storm waters and other waters will not d
accumulate thereon so that the premises are left in a clean and safe a
condition as determined by the Director of 9evelepmen E
SewisesCommunity Development. Any permit issued under this section a
shall be further conditioned upon completion of the work of moving or
demolition, dismantling, tearing down,filling,grading and cleaning of the site 0
within a period of ninety days from the date of its issuance which period may Q
be extended by the Chief Building#*peste�Official upon good cause shown
for such additional periods as may be reasonably required to carry out the
purposes of the permit. The permit shall not be issued or approved unless
and until the applicant has furnished satisfactory evidence to the
Superintendent (1)that he has fully complied with the provisions of Section
119(a)of the Uniform Plumbing Code or other law pertaining to the plugging n
or capping of abandoned sewer outlets; (2)that he has obtained a permit for
such plugging and capping in accordance with Section 1.8 of the Uniform
Plumbing Code or other law,
Gapping
and (4) that he hag Aleaned an'd filled Any abandoned cesspoolaad-has o
failed and graded the shall be cleaned and backfilled and the N
property shall be graded and erosion control measures installed priorto final
approval of the permit as required herein. (Ord.MC-1027,9-8-98;Ord.3628, 1977;
Ord.2784, 1966; Ord.20114§1, 1954.) a
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15.36.020 (Repealed by MC 460, 5-13-85)
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[Rev.June 12.2012 p6.--
15-92
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7.I.c
Overlay Zones, Items 1. through 4.).
B. A Historic Resource Evaluation Report may be required for any
resource listed on the Tabular List and located within the boundaries
of an area identified in the Survey as being potentially eligible for
Historic Overlay Zone designation (Volume 3, Appendix C, Historic
Districts and Overlay Zones, Items 5 through 13.) Using the criteria
established in Section 15.37.055 of this Chapter, the Director of
Development ServiGes Community Development shall evaluate 1
demolition proposals for these resources to determine the E
requirement for a Report. a
C. Demolition Permit Applications for buildings and structures which are E
listed only on the Tabular List or not included in the Survey shall not a
require a Report unless the Director of a
SewisesCommunity Development determines that a Report is v
required based upon new historical or cultural information not o
contained in the Survey.
When required, Historic Resource Evaluation Reports shall be
prepared in accordance with Section 15.37.050 of this Chapter.
(Ord. MC-1306, 6-01-09; Ord. MC-1027, 9-8-98; Ord. MC-850, 9-8-91; Ord. MC-694,
12-18-89)
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15.37.050 Historic Resource Evaluation Report.
A Historic Resource Evaluation Report required as a submittal for a M
Demolition Permit Application shall contain the following elements: o
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A. Purpose and Scope
B. Methods of Evaluation: Field and Archival m
C. Location and Setting a
D. Architectural Description of the Resource =
E. Historical Background ~
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F. Discussion of Eligibility for NR listing
G. Statement of Significance
H. Conclusions
I. Recommendations (may include proposed mitigation) E
J. Archival Documentation (Appendices) r
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The Statement of Significance element (Item G. above) shall be a
made using the criteria listed in Section 15.37.055 of this Chapter and shall
include a discussion of the related historical Contextual themes.
The archival documentation (Item J. above) of the resource shall
include a completed DPR 523 Form and archival quality photo
documentation. This information shall be included as an appendix to the
Report.
[Rev.June 12.2012"°_".z '^,n--�^
15-96
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Preparation and submittal of the Report shall be the responsibility of
the applicant. All Reports shall be prepared by consultants who meet the
professional qualification standards for the field of Historic Preservation as
described in the Federal Register. (Ord. MC-1306, 6-01-09; Ord. MC-850, 9-8-91;
Ord. MC-694, 12-18-89)
15.37.055 Criteria for Determination of Historical Significance.
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1. The building or structure has character, interest or value as a part of d
the heritage of the City of San Bernardino; or, a
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2. The location of the building or structure is the site of a significant a
historic event; or, v
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3. The building or structure is identified with a person(s) or group(s)
who significantly contributed to the culture and development of the EL
City of San Bernardino; or,
4. The building or structure exemplifies a particular architectural style or
way of life important to the City; or,
5. The building or structure exemplifies the best remaining architectural
type in a neighborhood; or,
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6. The building or structure is identified as the work of a person whose M
work has influenced the heritage of the City, the State or the United
0
States; or,
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7. The building or structure reflects outstanding attention to
architectural design, detail, materials or craftsmanship; or, a
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8. The building or structure is related to landmarks or historic districts
and its preservation is essential to the integrity of the landmark or
historic district; or,
9. The unique location or singular physical characteristics of the
building or structure represent an established and familiar feature of £
a neighborhood; or,
a
10. The building, structure or site has the potential to yield historical or
archaeological information.
(Ord. MC-1306,6-01-09; Ord.MC-850,9-8-91; Ord. MC-694, 12-18.89)
15.37.060 Review Process.
1. Director Review - The Director of 9evetepmea>-ServisesCommunity
[Rev.June 12.2012"-'�'np '°,2Q42j
15-97
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Development shall determine whether to issue a Demolition Permit
for an Application which does not require a Report in accordance
with Evaluation Thresholds B. and C. and the requirements specified
in Section 15.37.045 of this Chapter.
2. Environmental Review Committee (ERC) Review - An Initial Study
(pursuant to the California Environmental Quality Act) shall be
prepared for a Demolition Permit Application when a Historical
Resource Evaluation Report is required in accordance with Section
15.37.045, Subsections A. - C. of this Chapter. The Report may be E
included as an attachment to the Initial Study or referenced in the a
Initial Study.
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The Initial Study shall be reviewed by the ERC for an environmental
determination in compliance with the provisions of the California 0
Environmental Quality Act, and applicable City requirements. ;
Following the ERC review, the application and the environmental s
determination shall be reviewed by the Historical Preservation
Commission.
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3. Historical Preservation Commission Review - The Historical
Preservation Commission shall receive notification of Demolition
Permit Applications for which a Historic Resource Evaluation Report
is prepared for their review and make recommendations to the
Planning Commission regarding the historic significance of
resources and the approval or denial of applications. M
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4. Planning Commission Review - A Demolition Permit Application for N
which a Historic Resource Evaluation Report and Initial Study are
prepared shall be scheduled for review by the Planning Commission
within forty-five (45)days of the ERC's environmental determination. a
The Planning Commission shall review Demolition Permit
Applications to determine the historical significance of the resource
based upon the criteria set forth in Section 15.37.055 of this Chapter.
The Planning Commission may also consider the National Register
criteria for evaluation. Based upon the information provided, the
Planning Commission shall take action on the environmental
determination and approve or deny the issuance of the Demolition
Permit. The Planning Commission's review must be completed
within 30 days of the first public hearing before the Planning a
Commission or the Application shall be forwarded to the Mayor and
Common Council.
When a Demolition Permit Application is denied because of a
determination of historical significance, the Planning Commission
shall forward that recommendation to the Mayor and Common
Council.
[Rev.June 12.20121-3]
15-98
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`j If the Planning Commission approves the Demolition Permit
Application,the Demolition Permit shall be issued in accordance with
the Planning Commission action and following compliance with the
provisions of this Chapter and all other City requirements.
5. Effective Date of Permit- Demolition Permits shall become effective
16 days following the final date of action (i.e., approval) by the
Director or the Planning Commission unless an appeal has been
filed pursuant to Section 15.37.070, which shall stay the issuance of v
the Demolition Permit until after the Appeal is decided. E
(Ord. MC-1306, 6-01-09; Ord. MC-1027, 9-8-98; Ord. MC-850, 9-B-91; Ord. MC-694, d
12-18-89) (City Attorney Opinion No. 93.8)
15.37.070 Appeals.
0
Any person may appeal the decisions of the Director of Bevelopmen
SewisesCommunity Development pursuant to this Chapter to the Planning o.
Commission. Decisions of the Planning Commission pursuant to this
Chapter may be appealed to the Mayor and Common Council.
An appeal must be submitted in writing with the required appeal fee
(if applicable) to the Community Development
Department within fifteen (15) days following the final date of the action for
' which an appeal is made. The written appeal shall include the reason(s)
why the Historic Resource Evaluation Report should or should not be 16
required; or why the Demolition Permit Application should be granted, M
denied or exempt from the provisions of this ordinance.
(Ord. MC-1306, 6-01-09; Ord. MC-1027, 9-8-98; Ord. MC-850, 9-8-91; Ord. MC•694, °
12-18-89) N
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15.37.080 Severability. a
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If any section, subsection, sentence, clause or phrase or any portion
of this ordinance is for any reason declared invalid or unconstitutional, such
decision shall not affect the validity of the remaining portions of the 4
Ordinance. The Mayor and Common Council hereby declare that it would
have adopted this ordinance and each and every section, subsection,
sentence, clause or portion thereof irrespective of the fact that any phrase,
or any portion thereof, would be subsequently declared invalid or
unconstitutional. (Ord. MC-1306, 6-01.09; Ord. MC-850, 9-8-91; Ord. MC-694,
12-1.8.09)
15.37.085 Penalty.
Any person, firm or corporation, whether as principal, agent,
employee, or otherwise, violating or causing the violation of any of the
l provisions of this Chapter is guilty of a misdemeanor, which upon conviction
thereof is punishable in accordance with the provisions of Sections 1.12.010
[Rev.June 12.2012A^,�...P'44,^19'x]
15-99
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and 1.12.020 of this Code in addition to any other civil or administrative
remedies. (Ord. MG-1306, 6-01-09; Ord. MC-850,9-8-91; Ord. MC-694, 12-18-89)
15.37.090 Fees.
Upon submittal of a Demolition Permit Application to the
Community Develooment Department, the applicant
shall pay all applicable Planning Division fees in the amounts as adopted by
resolution of the Mayor and Common Council for an Initial Study and for the
Planning Commission review. The applicant shall pay all required Building
Inspection Division fees in the amounts as adopted by resolution of the
Mayor and Common Council prior to issuance of a Demolition Permit. The
applicant shall also pay all fees required by other governmental agencies a
prior to issuance of a Demolition Permit. (Ord. MC-1306, 6-01-09; Ord. MC-850, v
9-8-91; Ord. MC-694, 12-18-89)
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Chapter 15.38
(Repealed by Ord. MC-880, 6-21-93)
Chapter 15.40
(Repealed by Ord. MC-880, 6-21-93)
Chapter 15.44
(Repealed by Ord. MC-880, 6-21-93) r
Chapter 15.48
SWIMMING POOLS
0
Sections:
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15.48.010 Public policy.
15.48.020 Person defined. a
15.48.030 Fence required.
15.48,040 Gates and doors -Specifications.
15.48.050 Distance between inside of pool and rear lot line.
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15.48.060 Distance between pool fence and nonconforming
fence.
15.48.070 Soils engineering reports. E
15.48.080 Exemptions. s
15.48.090 Modifications and variances. x
15.48.100 Existing pools. a
15.48.110 (Repealed by MC-460, 5-13-85.)
15.48.010 Public policy.
It is found, declared, and determined that private swimming pools
shall be fenced as a precautionary measure to prevent severe hazard to the
health, safety, and welfare of the inhabitants of the City, particularly children.
[Rev.June 12.2012AV442,'""]
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than five feet to any side lot line. (Ord.3031 (part), 1969;Ord. 2431 §3(c), 1962.)
15.48.060 Distance between pool fence and nonconforming fence.
Any person desiring to locate a pool fence adjacent to a
nonconforming fence shall maintain a space of at least thirty inches between
the pool fence and a nonconforming fence. The space between the fences
shall be accessible for maintenance and cleaning. For the purpose of this
section, a "pool fence" shall be deemed to mean a fence or wall complying
with the requirements of this Chapter. (Ord. 3031 (part), 1969; Ord. 2431 §3(d), d
1962.) E
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15.48.070 Soils engineering reports. E
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A. Prior to issuance of a swimming pool permit,the building official may
require that the swimming pool plans shall be reviewed by an
approved soils engineer. All reports shall be subject to approval by .a
the building official, and supplemental reports and data may be E,
required as he may deem necessary. Recommendations included in
the report and approved by the building official shall be incorporated
in the swimming pool plans by the permittee.
B. Swimming pools constructed of materials that are subject to failure
by deterioration, tears or rips shall not be so located so that a failure
would possibly endanger any private property or result in the
deposition of debris on any public way. M
(Ord. 3031 (part), 1969; Ord. 2431 §5, 1962.)
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15.48.080 Exemptions. =
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All swimming pools which are completely contained within the walls a
of a building shall be exempt from the provisions of the fencing v
requirements. (Ord.3474, 1975;Ord. 2431 §6, 1962.)
a
15.48.090 Modifications and variances.
o:
The owner of any swimming pool may request approval of
modifications or variances from the fencing requirements by submitting to E
the Superintendent-Buildinct Official of the Department of Development
SewicesCommunity Development written application for such modifications a
or variances, setting forth a description of such pool and an alternate
safeguard or condition of the site by which entry into the swimming pool may
be restricted or prevented. The Superintendent may approve such alternate
safeguard or obstruction upon finding that one of the following conditions
exists:
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Safety Code 18300 and Section 1004 of Title 25 of the California Code of
Regulations. (Ord. MC-831, 5-4-92.)
15.55.020 Assumption of Responsibility.
The City of San Bernardino hereby assumes responsibility for
enforcement of the Health and SafetV Code Division 13, Part 2.1, (beginning
with 18200), and the related administrative regulations as are adopted from
time to time. This assumption of responsibility shall be effective sixty (60) H
days after the adoption of this Chapter. (Ord. MC-831, 5-4.92.) d
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15.55.030 Enforcement Responsibility. E
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The Development SeNIG86COmmunity Development Department of
the City shall have the responsibility to enforce the statutes and regulations 0
referred to in this Chapter. The Department shall be assisted by any other n
City officer, employee, board or commission in bringing deficiencies or
violations to the attention of the Department while in the process of fulfilling
their statutory responsibilities. (Ord. MC-1027, 9-8-98; Ord. MC-831, 5-4-92.)
15.55040 Qualified Personnel.
The City will previde qualified persensel adequate to enferGe the
innel and five (5) Building ln8PeGtGF6 With fGUr (4)
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15.55.050 Fees.
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The Mayor and Common Council shall from time to time by
resolution adopt a schedule of fees consistent with those established from
time to time in Health and Safety Code Division 13, Part 2. 1, and related `-
administrative regulations. (Ord. MC-831, 5-4-92.)
15.55.060 Objectives.
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The City hereby adopts and approves the State program and
objectives as contained in Health and Safety Code, Division 13, Part 2.1, a
and related administrative regulations. (Ord. MC-831, 5-4-92.)
15.55.070 Existing Mobile Home Parks.
There are currently forty-two (42) mobile home parks in the City
ranging from excellent condition with few violations to poor condition with
(Rev.June 12 2012"-'''.-�A42-,,40Q]
15-104
PackefPg;1d1T
fees.
15.57.080 Separability.
15.57.010 Purpose.
The purpose of this Chapter is to provide for the payment of a fee
applicable to a new construction or reconstruction of commercial structures
to provide funds for the promotion of fine arts and culture, other than public
facilities as defined in Government Code Section 66000 (d),within the City of N
San Bernardino. Enhancement of culture and art is deemed to be a public
benefit to all citizens of the community. (Ord. MC-650, 1-17-89; Ord. MC-542, E
9-9-86.)
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15.57.020 Definitions. d
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Forthe purposes of this Chapter, unless otherwise apparent from the FO
context, certain words and phrases used in this Chapter are defined as a
follows:
A. "Commercial structure" shall mean any building or structure all or
part of which contains a commercial or industrial use permitted by
this Code; provided, however, 'commercial structure" shall not
include any building or structure constructed or reconstructed for the
F elderly and handicapped pursuant to Title 15 of this Code, or
pursuant to Title 25 26 of the California Administrative Code (now
California Code of Regulations). M
0
B. "Construction cost' shall mean the total value of all construction or
ci
reconstruction work on a commercial structure as determined by the
Director of Community Development
pursuant to Section 15.04.080 of this Code in issuing a building a
permit for such construction or reconstruction.
C. "New Construction"shall mean all new commercial construction.
a
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D. 'Reconstruction" shall mean additions, alterations, repairs, or
remodels made to an existing commercial structure.
Reconstruction is required to conform to the requirements for new t
buildings pursuant to the Uniform Building Code and Title 15 of this
Code. Reconstruction necessitated by natural disaster or a
accidental damage shall not be subject to this Chapter provided,
however, that damage in the normal course of business shall be
included.
(Ord. MC-1027, 9-8-98; Ord. MC-788, 3-11-91; Ord. MC-650, 1-17.89; Ord. MC-542,
9-9-86.)
tRev. June 12.2012"--".�",^^"]
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\ ` 15.57.030 Cultural Development Construction Fee Imposed.
A. A cultural development construction fee is imposed on the privilege
of new commercial construction or reconstruction as defined in
Section 15.57.020, Subsections C and D. Such fee shall be equal
to one-half(%) of one (1) percent of the construction cost.
B. Notwithstanding the foregoing provisions, the fee shall not be
imposed and charged for any permit for which an application y
together with two sets of complete plans and specifications as
required by Sections 301 and 302 of the Uniform Building Code are a
filed and approved with the City prior to September 8, 1986, provided E
that the applicant has paid all plan check fees prior to that date. a
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C. No cultural development construction fee shall be charged for the v°
first reconstruction of any commercial structure up to its previously R
existing square footage, if the previously existing commercial a
structure was voluntarily demolished by the property owner after
Code Compliance has issued a Notice of Violation/Abatement.
(Ord. MC-1175, 07-19-04; Ord. MC-766, 3-11-91; Ord. MC-650, 1-17.89; Ord. MC-542,
9-9-86.)
15.57.040 Time of payment.
The cultural development construction fee required in Section 16
15.57.030 to be paid shall be due and payable upon issuance by the City of a M
building permit for the construction or reconstruction of any commercial
structure; provided, however, that there shall be a refund of such fee to the
person who paid such fee in the event that the building permit expires,within
the meaning of Section 302(d) of the latest edition of the Uniform Building m
Code adopted in the City, within thirty days after the date of such expiration, a
upon written application for such refund by the person who paid such fee d
setting forth in full the facts showing that such permit has expired. The full
amount due under this Chapter shall constitute a debt to the City. An action
for the collection thereof may be commenced in the name of the City in any d
court having jurisdiction of the cause. (Ord.MC-650,1-17-89; Ord. MC-542,9.9-e6.) X
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15.57.060 Fee - Place of payment. E
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The fee shall be paid to the Building Official of the City or his a
authorized agent at the office of the peyeleppAent sewnGesCommuni ty
Development Department of the City. (Ord. MC-1027, 9-8-98; Ord. MC-650,
1-17-89; Ord, MC-542, 9-9-86.)
15.57.070 Disposition of cultural development construction fees.
[Rev.June 12.2012AprA41,291-31
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15.68.020 Permit for Installation - Fee.
A. No person, firm or corporation shall install any equipment or
machinery without first obtaining a permit from the Department of
Community Development. The fee for such
permit shall be ten dollars. Such fee shall be in addition and
supplemental to any other fee charged for the installation of such
equipment or machinery.
N
B. A design drawing and calculations shall be submitted with the v
application for a permit showing all information pertaining to the v
equipment or machinery which is necessary for a determination of d
foundation requirements in order that it may operate efficiently, a
safely, and with a minimum of vibration. A requirement of a
installation based on the design shall be that the ground vibration 0
inherently and recurrently generated does not cause a displacement
of the earth greater than .033 of one inch as measured at any point
radially in any plane from the foundation, as determined by the City
Engineer.
(Ord. MC-1027,9-8-98; Ord. 3064 §2, 1970.) n
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15.68.030 Operation prohibited when excessive ground vibration
n
OCCUr3.
A. No person shall operate any of the above equipment or machinery
which due to faulty installation, maintenance or operation causes a
ground vibration in excess of that described in Section 15.68.020. If
in the opinion of the City EngineerBuilding Official equipment or -
machinery presently in operation does cause such excessive C'
vibration, the Superintendent af the DavAlopmen m
ServieesCommunity Development Department may require the a
operator to submit all the information required for an original v
installation of such equipment or machinery.
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B. If such information shows to the satisfaction of the City Fn9ineer
Building Official that the existing installation of such equipment or
machinery does not meet the required standards, changes and
modifications of installation shall be required to obtain compliance s
with the standards before the operation of the equipment or
machinery may be continued.
(Ord. MC-1027,9-8-98; Ord. 3064§3, 1970.)
15.68.040 Distance of commercial laundry compressor from other
buildings.
Any commercial laundry compressor maintained outside of the
[Rev.June 12.2012 p6 'a,2 ^]
15-109
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commercial building on the premises shall be at least seventy-five feet from
any other building occupied as a residential dwelling unless provision is
made to completely enclose the compressor in accordance with the
minimum standards set forth in a drawing marked "commercial laundry
compressor" on file in the Department of DeveiepmeRt ServioesCommunity
Development, City Hall, San Bernardino, California. (Ord. MC-1027,9-6-98;Ord.
3054§4, 1970.)
15.68.050 Requirements in addition to building code and other laws. N
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The requirements of this Chapter are in addition and supplemental to E
any other requirements set forth in the IJnifGrFn Building Code or other laws. d
(Ord 3064§5, 1970.) QE
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15.68.060 (Repealed by MC-460, 5-13-85)
Chapter 15.72 a
(Repealed by MC-781, 4.22-91.)
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Chapter 15.73
VERDEMONT AREA - INFRASTRUCTURE FEE °
Sections; cli
15.73.010 Findings and determinations.
15.73.020 Rules of construction. a
15.73.030 Definitions. d
15.73.040 Persons subject to infrastructure.
15.73.050 Infrastructure Fee.
15.73.060 Time of payment.
15.73.065 Deferral.
15.73.070 Establishment of infrastructure.
15.73.080 Use of funds. E
15.73.090 Refunds.
15.73.100 Penalties. a
15.73.110 Severabllity.
15.73.120 Other fees.
15.73.010 Findings and determination.
The Mayor and Common Council hereby find and determine as
(Rev.June 12.2012AVF442;-2012]
15-110
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\ application is complete and in the form acceptable to the City, shall
pay to the City the then applicable Infrastructure Fee, as initially
established pursuant to this Chapter and adjusted pursuant to any
subsequent resolutions of the City as more fully described in Section
15.73.050 hereof, for all residential units subject to a building
permit upon the earlier of the following dates: (i)upon the date of final
inspection of the first dwelling unit completed in the residential
development to which the building permit is applicable, or (ii) upon
the date a certificate of occupancy is issued for the first dwelling unit
completed in the residential development to which the building v
permit is applicable. In the event the City accepts any payment of EE
Infrastructure Fees in connection with the submission of a building v
permit application, which application is incomplete or not in a form a
satisfactory to the City, all payments made in connection with such
application shall be returned to the applicant and such applicant shall 0
be required to submit a complete and acceptable application, and, at s
the time of such submission, shall pay any then applicable
Infrastructure Fees. Notwithstanding any provision herein to the
contrary, the City, by official action of the Mayor and Common
Council, may require the payment of applicable Infrastructure Fees
for residential units prior to the approval of a final tract or parcel map
applicable to residential development if one of the following
conditions are met:
1. The Director of Develepment SeFvieesCommunit y
Development of the City has determined that the applicable M
Infrastructure Fee will be collected from the subdivider for o
public improvements or facilities for which an account has
been established and funds have been appropriated, and for y
which the City has adopted a proposed construction schedule o
or plan, or a
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2. The applicable Infrastructure Fee will reimburse the City for '
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expenditures previously made by the City. All applicants for
permits for the installation of mobile homes will be subject to
the procedures applicable to residential developments set
forth hereinabove. d
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B. Any person or entity who would otherwise be required to pay the i
Infrastructure Fee pursuant to paragraph (A) hereinabove may a
receive as a credit towards the Infrastructure Fee attributable to such
person or entity, all or a portion of the costs of any Right-of-Way
Improvements or Public Improvements that may be or may have
been acquired, constructed or installed by such an entity.
C. All funds collected shall be promptly identified as
[Rev.June 12.2012ApA1-i- -2913]
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TITLE 16
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TITLE 16
SIGNS'
Chapters:
16.04 (Repealed by MC-92, 1981.)
16.08 (Repealed by MC-92, 1981.)
16.12 Political Signs.
16.16 Street Banner Permit.
16.18 Unauthorized Signs on Public Property
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Chapter 16.04 v
(REPEALED BY MC-92, 1981.) E
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Chapter 16.08 E
(REPEALED BY MC-92, 1981.) m
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Chapter 16.12
POLITICAL SIGNS a
Sections:
16.12.010 Intent.
16.12.020 Definition.
16.12.030 Compliance with regulations.
16.12.040 Permit - Required.
16.12.050 Consent of property owner required prior to
posting.
16.12.060 (Repealed by MC-395, 7-16-84.)
16.12.070 Maximum area of sign.
16.12.080 Obstructing view of motorists prohibited. M
16.12.090 Affixing to utility pole prohibited.
16.12.100 Use of adhesive backing. °
16.12.110 Removal of signs after election. N
16.12.120 Violation - Public or private property - Notice to
sign owner. A
16.12.130 Signature of applicant required on statement. o
16.12.140 Applicability. =
16.12.150 Violation - Penalty.
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16.12.010 Intent. d
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'For statutory provisions on local regulation of signs, see Gov. Code §§38744 and 65850
and Bus. and Prof. Code §5229 et seq.; for additional sign provisions in this Code, see Ch. 19.60.
[Rev.June 12,2012"°-i'.�, 2,24Q] 16-1 1
Packet Pg. 1418
A. It is recognized that there have been abuses in the placement of political
signs within the City, including trespassing upon private property;
placement without permission from the property owner; placement in such
a fashion as to make them difficult to remove;littering caused by dislodged
political signs; sight and distance hazards to traffic because of size and
location, distracting appearance and displeasing aesthetically;
unnecessary proliferation; and other reasons, all of which are determined
to be contrary to the best interest of the community and the public health,
safety and welfare.
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B. The intent and objective in establishing the regulation of political signs are d
to ensure the compatibility between utilization of political signs and E
protection of the right to privacy of individuals and the quiet and d
undisturbed enjoyment of property. E
(Ord. 3473§1, 1975.) v
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16.12.020 Definitions. v
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"Political sign" means any sign which indicates or advertises any one or a
combination of the following matters: _
A. The name or picture of an individual seeking election or appointment to a
public office;
B. Relates to a forthcoming public election, initiative or referendum;
C. Advocates a person's, group's, or party's political views or policies.
"Political sign" does not mean a billboard which complies with state and
local laws. °
(Ord. 3473 §2, 1975.) N
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16.12.030 Compliance with regulations.
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Political signs shall be erected in the City pursuant to the provisions of this =
Chapter,notwithstanding the provisions of Chapter 16.04[repealed]and Title 19 to
the contrary. (Ord. 3604(part), 1976; Ord.3473 §3(a), 1975.) E
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16.12.040 Permit- Required.
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Prior to the placement of political signs in the incorporated areas of the E
City, a permit shall be obtained from the Director of Development
SefvisesCommunity Development of the City who shall issue the permit subject to
the regulations and provisions of this Chapter. The applicant for a permit shall,in a
writing, state the name of the owner of the sign or signs and that the applicant is
the authorized agent of the owner. (Ord.MC-1027,9-8-98;Ord.3604(part), 1976;Ord.
3473§3(b), 1975.)
16.12.050 Consent of property owner required prior to posting.
Political signs shall not be posted or erected on any property without the
consent of the property owner or his or her agent, lessee or tenant. The applicant
[Rev.June 12 2012"-�.�-" '^,'^'-2] 16-2
Packet Pg. 1419
for a permit shall submit to the Director of Development SeFvFeesCommuni ty
Development a list of locations where political signs are intended to be posted or
erected and shall certify that consent has been obtained from the owner or
authorized person of each location. The political signs shall be posted and
erected only at the locations shown on the listing. (Ord. MC-1027, 9-8-98; Ord.
MC-395, 7-16-84;Ord. 3604(part), 1976;Ord. 3473§3(c), 1975.)
16.12.060 (Repealed by MC-395, 7-16-84.)
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1111ull@l
16.12.070 Maximum area of sign.
The maximum area of a political sign shall be sixteen square feet in
residential districts and thirty-two square feet in all other districts. (Ord.3604(part),
1976; Ord. 3473§3(e), 1975.)
16.12.080 Obstructing view of motorists prohibited.
A political sign shall not be affixed, erected or located at or near the curb of
any street intersection when it obstructs the view of motorists to cross traffic or
constitutes a traffic hazard or at any location where the sign interferes with, v
obstructs the view of, or can be confused with any authorized traffic sign or E
marking. (Ord.3604 (part), 1976;Ord.3473§3(f), 1975.)
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16.12.090 Affixing to utility pole prohibited. a
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Political signs shall not stapled or affixed to any public utility pole and shall
not be located in the public right-of-way, parkway, or on publicly owned or a
maintained land or property; provided, that political signs may be located in public
parks for not more than twelve continuous hours in conjunction with a political rally.
(Ord. 3604(part), 1976; Ord. 3473§3(g), 1975.)
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16.12.100 Use of adhesive backing.
Political signs which have an adhesive backing shall not be affixed directly
to any building or structure. A political sign with adhesive backing shall first be
affixed to a temporary backing of wood, paper, cardboard, plastic or similar
material for support in order that it can be easily removed from its posted location.
(Ord. 3604 (part), 1976;Ord. 3473§3(h), 1975.)
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16.12.110 Removal of signs after election. N
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All political signs shall be removed and properly disposed of not more than rn
ten days after the election or voting date. (Ord. MC-1239, 2-05-07; Ord. 3604 (part), a
1976;Ord. 3473 §3(1), 1975.)
16.12.120 Violation - Public or private property -Notice to sign owner.
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If a political sign is posted on public property or in the public right of way
contrary to the provisions of this Chapter, it may be summarily removed by the
Director of Development 99WIG86COMMunity Development or his or her
authorized representative. If a political sign is posted on private property contrary E
to the provisions of this Chapter, the Director of D8Y9IGPFA8Fr1 SeNiGesCommunity :?
Development or his or her authorized representative shall give the sign owner, or a
his or her agent, written notice that he or she intends to remove the sign if the
violation is not corrected, and a brief statement of the reason for the belief that the
sign is in violation of this Chapter. Such notice shall be served either personally
or by depositing in the United States mail addressed to the sign owner,or his or her
agent, at the address shown on the application for a permit,with postage prepaid
thereon. Personal service shall be considered effective when made and service
by mail shall be considered effective three days after depositing the notice in the
United States mail as provided herein. The sign owner, or his or her agent, may
[Rev.June 12.20I2ApPA44-29 2] 16-4
"Packet Pg. 1421
respond orally or in writing or correct the ordinance violation not later than one day
after service of said notice. If the ordinance violation is not corrected by the
second day after the service of notice is effected, the Director of DevelepmeR
SewisesCommunity Development, or his or her authorized representative, may
remove the sign. If the owner of any illegal sign, or his or her agent, does not
reply to the notice within one day after service of notice is effected, the sign shall
be deemed abandoned and may be removed on or after the second day after
service of the notice is effected as aforesaid. The person responsible for any
posting contrary to the provisions of this Chapter shall be liable for the cost
incurred in the removal thereof and the Development ServiGes c2mm unity
Development Department is authorized to effect the collection of such cost after d
giving such person notice of the cost and an opportunity to be heard. (Ord. E
MC-1027, 9-8-98; Ord. MC-395,7-16-84; Ord. 3064(part), 1976;Ord. 3473§30), 1975.) m
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16.12.130 Signature of applicant required on statement. a
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The applicant shall sign a statement filed with the Director of Development u
ServisesCommunity Development indicating that such person understands the a
political sign regulations and that signs which do not conform thereto are subject to .s
removal and abatement under the provisions of Section 16.12.120. (Ord. MC-1027,
9-8-98;Ord. 3604 (part), 1976;Ord. 3473§3(k), 1975.)
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16.12.140 Applicability.
l The provisions of this Chapter, Chapter 16.04[repealed]and Title 19, shall
l not be applicable to political signs erected or posted on any occupied residential
premises by the property owner, lessee or tenant thereof. (Ord. MC-395, 7-16-84;
Ord. 3604 (part), 1976;Ord.3473§(3)(1), 1975.)
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16.12.150 Violation -Penalty. o
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Any person violating any of the provisions of this Chapter is guilty of an y
infraction or a misdemeanor, which upon conviction thereof is punishable in rn
accordance with the provisions of Section 1.12.010 of this code. (Ord. MC-1239, a
2-05-07; Ord. MC-460, 5-13-85; Ord. 3473§4. 1976.) .2
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[Rev.June 12.2012"--",.p. 'O,"^1^] 16-5
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TITLE 17
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Title 17
ENVIRONMENTAL PROTECTION
Chapters:
17.04 (Repealed by MC-781)
17.05 Hazardous Waste Management Plan
17.06 Water Wise Landscape Program
17.07 Water Efficient Landscape Ordinance
17.08 Mobile Source Air Pollution Ordinance
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Chapter 17.04 m
(Repealed by MC-781, 4-22.91) E
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Chapter 17.05 E
HAZARDOUS WASTE MANAGEMENT PLAN d
Sections: o
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17.05.010 Applicability. U
17.05.020 Hazardous Waste Facility Defined. o
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17.05.010 Applicability.
Any application for a zoning amendment, subdivision, conditional use
permit, or variance for a hazardous waste facility shall comply with Chapter 5 of the
County Hazardous Waste Management Plan, entitled "Siting of Specified n
Hazardous Waste Facilities" attached as Attachment "1" and incorporated herein
by reference, in addition to complying with all other applicable City ordinances.
(Ord. MC-766, 12-17-90.) ,6
17.05.020 Hazardous Waste Facility Defined. CIT
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Hazardous Waste Facility, as defined in California Health and Safety Code N
Section 25117.1, means all contiguous land and structures, other appurtenances,
and improvements on the land used for the treatment, transfer, storage, resource
recovery, disposal, or recycling of hazardous waste. A hazardous waste facility a.
may consist of one or more treatment, transfer, storage, resource recovery, 0
disposal, or recycling hazardous waste management units, or combinations of
these units. (Ord. MC-766, 12-17-90.)
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Chapter 17.06
Water Wise Landscape Program c
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Sections: r
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17.06.010 Purpose and Intent.
17.06.020 Definitions. a
17.06.030 Applicability.
17.06.040 Water Wise Landscape Program.
17.06.050 Administration.
17.06.060 Program Requirements.
17.06.070 Action on Application.
17.06.080 Temporary Limited Exemption From Specified Code
Provisions.
17.06.090 Fire Hazard Prohibited.
[Rev. June 12.2012A°''"r °,"^"'] 17-1
Payf" . �=1 d24
17.06.100 Yard Sign.
17.06.110 Certificate of Completion.
17.06.120 Failure to Timely Complete Installation.
17.06.130 Withdrawal From Program.
17.06.140 False Statement in Required Documents.
17.06.150 Severabllity.
17.06.160 CEQA Exemption.
17.06.010 Purpose and intent.
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A. The purpose of this Chapter is to encourage water conservation in the City
of San Bernardino by facilitating the voluntary conversion of existing E
residential landscaping to less water-intensive landscaping. The d
provisions contained in this Chapter are intended to permit property owners E
to retire existing vegetation by temporary non-irrigation of their property, v
without being subject to provisions of this Code that otherwise would o
effectively preclude this practice. U
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B. Except as specifically stated in this Chapter, nothing in this Chapter shall .2
be construed to exempt any person or property from any otherwise
applicable provision of this Code.
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17.06.020 Definitions.
As used in this Chapter, the following terms, when capitalized, have the
meanings stated:
A. "Agreement' shall mean the Water Wise Landscape Agreement described M
in this Chapter.
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B. "City" shall mean the City of San Bernardino. N
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C. "Code" shall mean the Municipal Code of the City of San Bernardino. rn
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D. "Department" shall mean the Community Development Ser-vises w
Department of the City of San Bernardino.
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E. "Director" shall mean the Director of Community Development Services of 9
the City of San Bernardino, or his or her designee.
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F. "Guidelines" shall mean the Water Wise Landscape Guidelines developed E
by the Water Resources Institute, California State University, San u
Bernardino.
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G. "Permit" shall mean the Water Wise Landscaping Permit described in this
Chapter.
K "Program"or"Water Wise Landscape Program"shall mean the City of San
Bernardino Water Wise Landscape Program described in this Chapter.
I. "Water Wise Landscape" shall mean a landscape that uses drought
tolerant, California friendly landscaping in lieu of large turf areas, and that
uses efficient irrigation.
[Rev.June 12. 2012^^442-,2414] 17-2
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Package;
8. Contact information for the project applicant and property owner;
9. Applicant signature, dated with the statement, "I agree to comply
with the requirements of the Water Efficient Landscape Ordinance
and submit a complete Landscape Documentation Package".
B. Water Efficient Landscape Worksheet. Worksheet examples, sample
calculations and the Reference Evapotranspiration (ETo)Table for the City
of San Bernardino are available in the Community Development Seraises d
Department to guide preparation of required elements of the Water E
Efficient Landscape Worksheet, Including: v
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1. Hydrozone Information table; v
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2. Water budget calculations:
(a) Maximum Applied Water Allowance (MAWA) a
(b) Estimated Total Water Use (ETWU); °
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C. Landscape design plan, prepared according to Section 17.07.030;
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D. Irrigation design plan, prepared according to Section 17.07.040;
E. Soil management report, prepared according to Section 7.07.050(A); and
F. Grading design plan, prepared according to Section 17.07.050(B). L6
17.07.070 Compliance Documentation.
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A. Certificate of Completion. Prior to issuance of a Certificate of Occupancy
or final inspection for a new construction project or a landscape
rehabilitation project, a Certificate of Completion shall be submitted to the O
City, signed by a licensed landscape architect to certify that; a
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1. The landscaping has been installed in conformance with the ~
approved planting and Irrigation plans;
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2. The automatic Irrigation controller has been set according to the
irrigation schedule;
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3. The irrigation system has been adjusted to maximize irrigation
efficiency and eliminate over-spray and runoff; and a
4. A copy of the irrigation schedule has been given to the property
owner.
B. Completed Landscape Documentation Packages and Certificates of
Completion shall be made available for review by the water purveyor.
Sites found to be out of compliance with the provisions of this Ordinance
may be subject to landscape water audits and compliance enforcement by
the water purveyor.
(Rev. June 12. 2012A9 ',p.,,-r',' +�] 17-13