HomeMy WebLinkAbout24- Community Development I ORDINANCE NO.
2 ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN
3 BERNARDINO, CALIFORNIA, ADOPTING BY REFERENCE CHAPTER THREE
OF DIVISION THREE OF TITLE TWO OF THE SAN BERNARDINO COUNTY
4 CODE RELATED TO THE ABATEMENT OF FIRE HAZARDS AND HAZARDOUS
TREES AND THE REFERENCED SECTIONS IN CHAPTER TWO OF DIVISION
5 ONE OF TITLE ONE OF THE SAN BERNARDINO COUNTY CODE RELATED TO
6 VIOLATIONS AND ENFORCEMENT
7 WHEREAS, pursuant to Resolution No. 3211 of the Local Agency Formation
Commission for San Bernardino, the San Bernardino County Fire Protection District, as
8 primary successor district to the City of San Bernardino Fire Department, began delivering
9 services to residents, landowners, and government within the corporate limits of the City of
San Bernardino outlined in the Plan for Service attached as Exhibit `B" to Resolution No.
10 3211;
11 WHEREAS, the Plan for Service addresses how the San Bernardino County Fire
12 Protection District will provide weed abatement services to the City in Paragraph G of Section
3 as follows:
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"County Fire performs vegetation risk assessments within its
14 jurisdiction. Property owners are required to abate their property
of weeds and vegetation that could create a fire hazard and pose
15 a potential threat to adjacent properties. Property owners are
16 given written notice to abate within a specified time frame to
remain in compliance. County Fire will work with City code
17 enforcement to gain voluntary compliance. If voluntary
compliance is not obtained, there is an administrative citation
18 process and a property lien process available depending on how
19 compliant the property owner wishes to be. Generally,voluntary
compliance has a high success rate in reducing neighborhood
20 fire risk associated with vegetation management."
21 WHEREAS, the Mayor and City Council believe that adopting Chapter 3 of Division
22 3 of Title 2 of the San Bernardino County Code related to the Abatement of Fire Hazards and
Hazardous Trees will allow the San Bernardino County Fire Protection District to provide
23 weed abatement services in an efficient and consistent manner;
24 WHEREAS, the City may enact ordinances which adopt by reference County
25 ordinances, codes, or any parts thereof and any amendments thereto by complying with the
requirements of Gov. Code, §§ 50020 to 50022.9.
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1 NOW, THEREFORE, THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN
BERNARDINO DO ORDAIN AS FOLLOWS:
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SECTION 1. The Mayor and City Council find that the above-stated Recitals are true
3 and hereby adopt and incorporate them herein.
4 SECTION 2. Chapter 8.19 shall be added to the San Bernardino Municipal Code as
5 follows:
6 Chapter 8.19
7 Abatement of Fire Hazards and Hazardous Trees
8 SECTION 8.19.010—Adoption by Reference.
9 Chapter 3 of Division 3 of Title 2 of the San Bernardino County Code entitled "Abatement of
Fire Hazards and Hazardous Trees" (§§23.0301-23.0319) ("County Weed Abatement Code")
10 is adopted by reference under the authority of Gov. Code, §§ 50020 to 50022.9.
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SECTION 8.19.020 — Interpretation of County Weed Abatement Code as applied to
P tY PP
12 City.
13 Whenever "County," "County of San Bernardino," or "unincorporated area of the County of
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San Bernardino" is used, it shall mean the City of San Bernardino unless a different
geographical area is clearly indicated by the context.
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SECTION 8.19.030—Amendments, additions, and deletions to County Weed Abatement
16 Code.
17 The County Weed Abatement Code as adopted by Section 8.19.010 is effective with the
18 changes, additions, and deletions as set forth in this Section:
19 (A) §23.0307 is hereby amended to read as follows:
20 For the purpose of enforcing this Chapter, the County Fire Chief/Fire Warden
21 may designate any person as his or her deputy. In addition, each of the
following officers may perform the same duties within the City of San
22 Bernardino. Whenever the term County Fire Chief/Fire Warden is used in this
23 Chapter, the following officers are included in the meaning of such phrase:
24 (a) San Bernardino County Fire Protection District Fire Chief/Fire
Warden.
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(b) The City of San Bernardino Code Enforcement Division
26 Manager and their designees.
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I (c) Other officers hereafter designated by the Mayor and City
Council or the San Bernardino County Fire Protection District
2 Fire Chief/Fire Warden.
3 SECTION 8.19.040—Remedies and Penalties.
4 (A) All remedies and penalties provided for in this Chapter shall be cumulative and
5 discretionary, and not exclusive, in accordance with this Section and in the
same manner as provided by § 11.0202 of the San Bernardino County Code.
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(B) All persons authorized to enforce the provisions of this Chapter are authorized
to conduct investigations and inspections in accordance with this Section and
8 in the same manner as provided by § 11.0203 of the San Bernardino County
Code.
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(C) Each and every day, and any portion of which, any violation of this Chapter is
10 committed, continued, or permitted shall be deemed a new and separate offense
11 and shall be punishable or actionable as set forth in this Section.
12 (D) Whenever in this Chapter any act or omission is made unlawful, it shall include
13 causing, permitting, aiding or abetting such act or omission.
14 (E) Criminal Penalties for Violations. It is unlawful for any person, firm,
partnership, corporation or other entity (hereafter "person") to violate any
15 provision of this Chapter constituting a public offense. Any person violating
any such provision, unless as otherwise specified for certain sections, shall be
16 deemed guilty of an infraction or misdemeanor as hereinafter specified. To any
17 person so convicted the following shall apply:
18 (1) A first offense, shall constitute an infraction offense and punished by a
base fine not exceeding$100.00 and not less than $50.00.
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20 (2) A second offense within one year shall constitute an infraction offense
and punished by a base fine not exceeding $200.00 and not less than
21 $100.00.
22 (3) The third and any additional offense within one year, shall constitute
23 either an infraction or a misdemeanor offense, and if it is an infraction
offense, shall be punishable by a base fine not exceeding $500.00, or if
24 a misdemeanor offense, punishable by up to six months in jail, and/or
base fine not exceeding$1,000.00.
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(4) Any court costs that the court may otherwise be required to impose
26 pursuant to applicable state law or local ordinance shall be imposed in
27 addition to the base fine (Government Code § 25132).
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(5) Notwithstanding the above, a first or second offense may be charged
1 and prosecuted as a misdemeanor, punishable by up to six months in
2 jail, and/or base fine not exceeding$1,000.00.
3 (6) Payment of any fine or service of a jail sentence shall not relieve a
4 person, firm, partnership, corporation or other entity from the
responsibility of correcting the condition resulting from the violation.
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(F) Criminal Citations. Criminal citations shall be issued in the same manner and
6 under the same authority as provided by § 11.0206(b) of the San Bernardino
7 County Code.
8 (G) All violations of this Chapter may be subject to enforcement through the
initiation of a civil action in accordance with this Section and in the same
9 manner and under the same authority as provided at § 11.0207 of the San
Bernardino County Code. As provided in §11.0207 of the San Bernardino
10 County Code:
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(1) Injunctive Relief and Abatement. At the request of any person
12 authorized to enforce this Chapter, the enforcement entity's attorney or
the District Attorney may commence proceedings for the abatement,
13 removal, correction and enjoinment of any act or omission that
14 constitutes or will constitute a violation of this Chapter, or any permit
issued pursuant to this Chapter, or any condition(s) of approval for such
15 permit granted pursuant thereto, and an order requiring the violator(s)
to pay civil penalties and/or abatement costs. Where multiple violators
16 are involved, they shall be jointly and severally liable for the civil
17 penalties and/or abatement costs.
18 (2) Civil Remedies and Penalties. Any person, whether acting as principal,
agent, employee, owner, lessor, lessee, landlord, tenant, occupant,
19 operator, contractor, or otherwise, who violates any provision of this
20 Chapter, or any permit issued pursuant to this Chapter, or any
condition(s) of approval for such permit granted pursuant thereto, shall
21 be liable for a civil penalty not to exceed $1,000.00 per violation for
each day or any portion thereof, that the violation continues to exist. In
22 determining the amount of civil penalty to be imposed, both as to the
23 daily rate and the subsequent total amount for any given violation, the
court shall consider all relevant circumstances, including, but not
24 limited to, the extent of the harm caused by the conduct constituting the
violation; the nature and persistence of such conduct; the length of time
25 over which the conduct occurred or was repeated; the assets, liabilities,
26 and net worth of the violator; whether the violator is a corporate entity
or an individual; and any corrective action taken by the violator.
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(3) Attorney's Fees and Costs of Enforcement. In any civil action brought
28 by the enforcement entity, including but not limited to a proceeding to
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1 abate a public nuisance, whether by seeking injunctive relief and/or an
abatement order, or other order, attorney's fees and costs of
2 enforcement may be recovered by the prevailing party. Such recovered
attorney's fees shall not exceed the amount of reasonable attorney's
3 fees incurred by the enforcement entity in that action or proceeding
4 (Government Code § 25845). Costs of enforcement shall include, but
not be limited to administrative costs and any and all costs incurred in
5 the physical abatement of any nuisance and any and all costs incurred
by the enforcement entity in the correction or remedying of a violation
6 of this Chapter. Notwithstanding the above language, no attorney's fees
7 shall be recovered in any administrative proceeding held pursuant to
§11.0208 or any related appeal to the Superior Court or the Courts of
8 Appeal.
9 (H) As an alternative to the criminal or civil enforcement of this Chapter, all
violations of this Chapter may be subject to enforcement through the use of
10 administrative citations in accordance with Government Code § 53069.4 and
11 this Section, and in the same manner and under the same authority as provided
at §11.0208 of the San Bernardino County Code.
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(I) As provided in §11.0208 of the San Bernardino County Code, the
13 administrative penalties and costs are as follows:
14 (1) Unless otherwise provided in this Chapter, the amount of penalty to be
15 imposed for a violation of this Chapter and assessed by means of an
administrative citation shall be $100.00 for the first occurrence of a
16 violation; $200.00 for the second occurrence of the same violation
17 within one year; and $500.00 for the third and each subsequent
occurrence of the same violation within one year. The maximum fines
18 imposed in this Section are based upon the provisions of Government
Code § 25132 and will be increased automatically and without
19 amendment to this Section upon any amendment to Government Code
20 § 25132 increasing the amount of fines permitted.
21 (2) If the violation is not corrected within the time limits established in this
Chapter, then additional administrative citations may be issued for the
22 same violation. The amount of the penalty shall increase at the rate
23 specified above.
24 (a) Payment of the penalty shall not excuse the failure to correct the
violation nor shall it bar further enforcement action by the
25 enforcement entity.
26 (b) The penalties assessed shall be due to the enforcement entity(or
27 to the enforcement entity's designated collection/processing
agent) within 30 calendar days from the date the administrative
28 citation is issued.
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1 (c) Except as provided below, any person who fails to pay to the
2 enforcement entity (or the enforcement entity's designated
collection/processing agent) any penalty imposed pursuant to
3 the provisions of this Chapter shall be liable for payment of the
4 applicable late payment charges as follows:
5 (i) For payments received within 30 days after the due date,
a late fee in the amount of 50 percent of the
6 administrative fine is due.
7 received more than 30 days after the due
(ii) For payments Y
8 date, a late fee in the amount of 50 percent of the
original administrative fine is due, plus an additional 50
9 percent of the original administrative fine is due.
10 (d) The enforcement entity may collect any past due administrative
11 citation penalty or late payment charge by use of any available
means, including without limitation, the recording of a notice of
12 lien, describing the real property affected and the amount of the
costs and administrative citation penalties claimed by the
13 enforcement entity with the Office of the County Recorder. The
14 enforcement entity may transmit notice of the award of
administrative costs and administrative citation penalties, or
15 notice of the judgment thereon arising from a collection or other
legal action, to the Treasurer/Tax Collector who shall place the
16 amount thereof on the assessment role as a special assessment to
17 be paid with municipal or County taxes, unless sooner paid. The
enforcement entity may also recover its collection costs. A
18 judgment or award of such costs, penalties or damages may be
enforced as set forth above and may also be enforced in any
19 other manner provided by law.
20 (e) In any appeal hearing, the issuing enforcement entity may also
21 recover its administrative costs incurred in investigating,
inspecting, and abating or remedying the violation of this
22 Chapter, in attempting to collect any and all penalties and late
23 fees, and in defending the citation at the appeal hearing.
24 SECTION 3. This Ordinance shall take effect on the thirty-first day following its
adoption.
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1 ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN
BERNARDINO, CALIFORNIA, ADOPTING BY REFERENCE CHAPTER THREE
2 OF DIVISION THREE OF TITLE TWO OF THE SAN BERNARDINO COUNTY
CODE RELATED TO THE ABATEMENT OF FIRE HAZARDS AND HAZARDOUS
3 TREES AND THE REFERENCED SECTIONS IN CHAPTER TWO OF DIVISION
4 ONE OF TITLE ONE OF THE SAN BERNARDINO COUNTY CODE RELATED TO
VIOLATIONS AND ENFORCEMENT
5 I HEREBY CERTIFY that the foregoing Ordinance was duly adopted by the Mayor
6 and City Council of the City of San Bernardino at a meeting
7 thereof, held on the day of , 2017,by the following vote, to wit:
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9 Council Members: AYES NAYS ABSTAIN ABSENT
10
MARQUEZ
11 BARRIOS
12 VALDIVIA
13
SHORETT
14
NICKEL
15
16 RICHARD
17 MULVIHILL
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19 Georgeann Hanna, CMC, City Clerk
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21 The foregoing Ordinance is hereby approved this day of 2017.
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23
R. Carey Davis, Mayor
24 City of San Bernardino
25 Approved as to form:
Gary D. Saenz, City Attorney
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27 By:
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