HomeMy WebLinkAbout30- Community Development 30.a
Public Hearing
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F City of San Bernardino
o' Request for Council Action
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Date: October 18, 2017
To: Honorable Mayor and City Council Members o
From: Andrea Miller, City Manager v,
By: Mark Persico, AICP, Community Development Director
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Subject: Amendment to San Bernardino Municipal Code Section 8.18 a
(Accumulation of Combustible and Noncombustible Materials) '2
— First Reading
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Recommendation
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Introduce for First Reading an Ordinance of the Mayor and City Council of the City of M
San Bernardino California, amending San Bernardino Municipal Code Chapter 8.18 m
pertaining to the accumulation of combustible and noncombustible materials.
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Background 0
On January 27, 2016, the Local Agency Formation Commission for San Bernardino
County adopted Resolution No. 3211 approving the expansion of the County Firea
Protection District (the "District") to include the City of San Bernardino. The Resolution
contained a list of services to be provided by the District including weed abatement. On E
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July 1, 2016, the District began providing fire services within the City of San Bernardino. N
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Discussion
The District has been conducting weed abatement inspections within the City. City and 0
County staff have been meeting to discuss implementation issues and have agreed that d
the San Bernardino Municipal Code (SBMC) should be amended to allow the County to co
issue citations under the Municipal Code but have appeals processed under the County co
Code. This is similar to the County District Attorney handling certain provisions of the o
City's Municipal Code. The proposed amendments allow either the City or County to
issue citations with appeals being processed by the respective agency. The amendment Z
also allows the violation to be processed as an infraction or misdemeanor based upon
the severity of the situation. Cn
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Staff has determined that amending SBMC Section 8.18 is exempt from further
environmental review under provisions of the California Environmental Quality Act t
(CEQA) pursuant to CEQA Guidelines Section 15061 (b)(3), which provides that CEQA
only applies to projects that have the potential for causing a significant effect on the a
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environmental. Staff has further determined that it can be seen with certainty that there
is no possibility that the activity in question will have a significant effect on the
environment.
Conclusion
Staff recommends that the Mayor and City Council introduce for first reading the W
Ordinance amending Chapter 8.18 (Accumulation of Combustible and Noncombustible L
Materials).
Attachments
Attachment 1 Ordinance — Amending Chapter 8.18 San Bernardino Municipal c
Code (First Reading)
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Ward(s): All
Synopsis of Previous Council Actions: �.
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1 ORDINANCE NO.
2 ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN =
BERNARDINO,CALIFORNIA,AMENDING SAN BERNARDINO MUNICIPAL
3 CODE CHAPTER 8.18 REGARDING ACCUMULATION OF COMBUSTIBLE AND
4 NONCOMBUSTIBLE MATERIALS.
5 WHEREAS, on July 1, 2016, the San Bernardino County Fire Protection District(the
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6 "District") began providing fire services to the City of San Bernardino through an annexation c
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7 into the District; and N
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8 WHEREAS, one of the services the District provides is weed abatement services c
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9 within the City; and
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WHEREAS, the District and the City desire to have an active weed abatement .2
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program with joint enforcement powers.
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NOW THEREFORE, THE MAYOR AND CITY COUNCIL OF THE CITY OF a
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SAN BERNARDINO DO ORDAIN AS FOLLOWS:
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13 SECTION 1. The Mayor and City Council find the above-stated Recitals are true and m
14 hereby adopt and incorporate them herein.
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SECTION 2. San Bernardino Municipal Code Chapter 8.18 (Accumulation of
16 Combustible and Noncombustible Materials) is hereby amended to read, in its entirety, as
shown in the attached Exhibit"A."
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SECTION 3. The City has determined that the amendment to San Bernardino
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Municipal Code Chapter 8.18 (Accumulation of Combustible and Noncombustible Materials)
19 is exempt from further environmental review under provisions of the California c
20 Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15061 (b)(3), c
21 which provides that CEQA applies only to projects that have the potential for causing a
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22 significant effect on the environmental. The City has further determined that it can be seen W
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23with certainty that there is no possibility that the activity in question will have a significant p
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24 effect on the environment.
SECTION 4. Severability: If any section, subsection, subdivision, sentence, or clause
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or phrase in this Ordinance or any part thereof is for any reason held to be unconstitutional,
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invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the £
27 validity or effectiveness of the remaining portions of this Ordinance or any part thereof. The ca
28 Mayor and City Council hereby declares that it would have adopted each section irrespective Q
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1 of the fact that any one or more subsections, subdivisions, sentences, clauses, or phrases be
declared unconstitutional, invalid, or ineffective.
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1 ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN
BERNARDINO, CALIFORNIA,AMENDING SAN BERNARDINO MUNICIPAL
2 CODE CHAPTER 8.18 REGARDING ACCUMULATION OF COMBUSTIBLE AND
NONCOMBUSTIBLE MATERIALS.
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4 I HEREBY CERTIFY that the foregoing Ordinance was duly adopted by the Mayor
5 and City Council of the City of San Bernardino at a regular meeting thereof, held on the 17
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6 day of_ _, 2017,by the following vote to wit: o
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8 Council Members: AYES NAYS ABSTAIN ABSENT c
9 MARQUEZ - -- a
10 BARRIOS — ____-- E
VALDIVIA
11 SHORETT =
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12 NICKEL L
13 RICHARD — m
MULVIHILL - - -- n
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16 Georgeann Hanna, CMC,City Clerk
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The foregoing Ordinance is hereby adopted this day of ,2017. N
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R. CAREY DAVIS, Mayor
20 City of San Bernardino 0
21 Approved as to form:
Gary D. Saenz, City Attorney O0
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Exhibit"A"
CHAPTER 8.18
Accumulation of Combustible and Noncombustible Materials
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Sections: d
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8.18.010 Nuisance determined-Right of entry
8.18.020 Definitions
8.18.030 Notice to property owner-Refusal of owner to comply -
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Violation a misdemeanor or an infraction
8.18.040 Contents of notice e
8.18.050 Abatement of nuisance
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8.18.060 Cost of abatement-Lien on parcel m
8.18.070 Inventory of salvageable matter a
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8.18.080 Urgent public nuisance-Notice to property owner v
8.18.082 Summary abatement of nuisance per se without notice E.
8.18.090 Penalty for violation
8.18.010 Nuisance determined- Right of entry °c
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A. The accumulation of any of the following in any yard, lot,or upon any premises L
within the City except within buildings or in containers or receptacles designed for such storage m
and accumulation, is unlawful and a public nuisance and dangerous to public health and safety of
the inhabitants of the City: rubbish,refuse,debris,waste material and other matter including but N
not limited to rocks,bricks, scrap metal and other. pieces of metal, ferrous and nonferrous,
furniture or parts thereof, vegetation, cans. boxes, barrels, bottles, stares of commercial supplies. E
and other matter whether usable or not.straw, shavings, sacks,bags, litter, weeds, dry grass. _
dead trees or shrubs or branches thereof,used lumber or wood, combustible waste, fragments of
any nature or hind, sawdust, excelsior, printed matter,paper,pasteboard, cardboard,cardboard a
boxes or crockery. No person, firm or corporation shall allow or permit the aforesaid matter to
accumulate or be upon her. his or its premises or upon premises controlled by them except within N
buildings or in appropriate containers or receptacles. '"
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B. The Fire Chief or his authorized representative, hereinafter called"Fire Chief", or the T
Coinmunity Development Director and his authorized representative,hereinafter called o
"Director'', shall have the right to enter upon private property to determine whether such a public to
nuisance exists. °r°
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8.18.020 Definitions c
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Whenever in this Chapter the following terms are used they shall mean as follows:
A. "Neglected or abandoned orchard" means an orchard; or part thereof, where trees. or a m
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substantial portion thereof are in such a condition that the limbs are moribund, with the leaves or
branches of the limbs being dead,and where the individual in charge of the orchard is not taking
such ordinary care o the orchard as is required for a harvested orchard and is not or has not been
watering; discing or spraying such trees for a period of at least six months. The six-month period
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Exhibit"A"
of time need not be continuous.Neglected or abandoned orchards in the City are places where
the trees constitute a fire hazard,or where vagrants or dissolute persons can dwell.and which
constitute ugly and unsightly conditions which adversely affect the neighboring properties,and c
are places from which agricultural pests develop and spread. Such orchards are public nuisances
and dangerous to public health and safety, and shall be abated as a public nuisance utilizing the
methods and procedures hereinafter set:forth in this Chapter.
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B. "Orchard" means any ten or more trees that are of the type that bear stone fruits, citrus o0
fruits or pome fruits, situated together in a grove. 00
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C. "Fire Chief" means the Fire Chief of the San Bernardino County Fire Protection
District and his or her designated representatives within the San Bernardino County Fire N
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Protection District. 0
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D. "Director" means the Community Development Director and his or her designated E.
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representatives.
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8.18.030 Notice to property owner-Refusal of owner to comply—Violation a misdemeanor or °c
an infraction T
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A. The Fire Chief or Director-shall notify the owner.occupant or agent thereof: or person m
in charge or control of the property, each hereinarier referred to as "owner".personally or by
certified mail of such accumulation and shall conspicuously post such.notice in writing on any v)
lot or premises upon which the Fire Chief or Director determines after investigation that such r
public nuisance exists. Such notice shall bear a title with the words "Notice To Clean Premises" d
in letters not less than one inch in height, and it shall direct the abatement of the nuisance and E
refer to this Chapter for particulars. Such notice shall require the owner to commence the
abatement within five days and to complete such abatement within ten days from the date of the a
notice.Notices which are served by certified mail shall be addressed to the owner of the property N
at the address ascertained from title company records or as otherwise known. Service by certified N
mail shall be deemed complete upon deposit in a public receptacle for United States mail. The
notices shall specify that a failure to comply with the notice is a misdemeanor or an infraction.
B. Any firm,corporation,owner,agent,occupant, or person in charge or control of real
property who refuses or neglects to remove and abate any accumulation of matter described in
Section.8.18.010 within the ten-day period set forth in any "Notice To Clean Premises" served 00
upon them shall be guilty of a misdemeanor or an infraction. Each succeeding day that a person. 00
firm or corporation refuses or neglects to remove and abate the matters determined to be a o
nuisance shall. constitute a separate misdemeanor or infraction under this section. In the case of L)
an appeal filed pursuant to Section 8.18.040, the time period fir required removal and abatement
shall be extended as set forth in Section 8.18.040.
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C. The Fire Chief or Director shall enforce the provisions of this Chapter and are
authorized to make arrests and issue notices pursuant to Chapter 5C of Part 2 Title 3 of the Penal
Code of the State of California.
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Exhibit"A"
D. Any person, firm or corporation violating any provision of this Chapter is guilty of a
misdemeanor or an infraction, which upon conviction thereof is punishable in accordance with
the provisions of Section 1.12.010 of this Code. _
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E. The conviction of a misdemeanor or an infraction under this Chapter shall have no
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effect on any abatement process or procedure followed by the City.
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8.18.040 Contents of notice—Appeal 00
A. Any notice issued by the Director(i.e., City) shall state that any time within ten days o
from the date of posting and service of such notice any person may appeal the decision of the
Director by filing written objections thereto with the City Clerk. The Director shall then cause )
the matter to be set for hearing before a Hearing Officer contracted by the City to hear such c
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matters.
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B.Notice of the date of hearing shall be given in writing. The date of the hearing shall be 2
no sooner than fifteen nays from the date when notice of the hearing is given to the appellant and
to the Director. 0
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C. At the time fixed in the notice, the Administrative Hearing Officer shall hear the �
testimony of all competent persons desiring to testify respecting the condition constituting the
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nuisance.
D. At the conclusion of the hearing,the Hearing Officer shall determine whether or not a
nuisance exisis, and if the Hearing;Officer so concludes, he or she may declare the conditions £
existing to be a nuisance and direct the person owning the property upon which the nuisance -o
exists to abate it within ten days after the date of posting on the premises a notice of the Hearing
Officer's order. The Hearing Officer may amend time to abate the nuisance, if in his or her Q
opinion,there exists good cause for the amendment of time to abate. 04
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E. The decision of the Hearing Officer on the determination of nuisance is final. Any
appeal of the Hearing Officer's decision shall be governed by California Code of Civil Procedure
Section 1094.6 or such section as may be amended from time to time. a
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F. Any notice issued by the lire Chief(i.e., County) shall be appealable pursuant to the
Appeal Procedure set forth under Section 23.310 of the San Bernardino County, California Code 00
of Ordinances. W
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8.18.050 Abatement of nuisance u
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In elle event the nuisance is not abated by the owner, the Fire Chief or Director is g
authorized to cause such nuisance to be abated by removing the rubbish, refuse, debris,waste N
material, and other matter including but not limited to rocks. bricks, scrap metal and other pieces c
of metal,both ferrous and nonferrous, furniture or parts thereof vegetation, cans,boxes, barrels,
bottles, stores of commercial supplies, and other matter, whether usable or not. straw, shavings.
sacks,bags. litter, weeds. dry grass.dead trees or shrubs or branches thereof, used lumber or
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M-777
Exhibit"A"
wood, combustible waste,fragments of any nature or kind, sawdust.excelsior,printed matter,
paper,pasteboard. cardboard. cardboard boxes or crockery. The Fire Chief or Director and any
contractor hired by the City for such purpose shall have the right to enter upon private property c
to abate the public nuisance.
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8.18.060 Report of abatement costs
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A. The Fire Chief or Director shall thereafrter cause a report of the action and an accurate co
account of the costs to be filed with the City Clerk of the City of San Bernardino. co
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B. The statement shall be accompanied by a notice to the oNvner that the cost of
abatement may be protested as set forth in.Section 8.18.063. rn
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818.061 Recovery of attorneys' fees and report of attorneys' fees U
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h1 any action, administrative proceeding, or special proceeding to abate a nuisance,the c
prevailing party shall be entitled to recovery of attorneys' fees. The recovery of attorneys* fees
by the prevailing party shall be limited to those individual actions or proceedings in which the °c
City elects,at the initiation of that individual action or proceeding. to seek recovery of its own E
attorneys' fees. c
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In no action,administrative proceeding, or special proceeding shall an award of
attorneys' fees to a prevailing party exceed the amount of reasonable attorneys' fees incurred by U)
OWNthe City in the action or proceeding. The City Attorney's Office shall thereafter cause a report of
the action and an accurate account of costs to be filed with the City Clerk of the City of San
Bernardino. a
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8.18.062 Treble damages
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Upon entry of a second or subsequent civil or criminal judgment within a two-year period
finding that an owner of property is responsible for a condition that may be abated in accordance
with this ordinance, except for conditions abated pursuant to Section 17980 of the Health and
Safety Code, related to substandard buildings, the court may order the owner to pay treble the a
costs of the abatement. °
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8.18.063 Protest of abatement costs °.-°
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A. The property owner may protest the cost of abatement by filing a written 0
request for a hearing on the abatement costs with the Fire Chief or Director, c)
whoever caused the nuisance to be abated, and the Fire Chief or Director shall
cause a hearing to be set before the Administrative Hearing Officer. At the g
time fixed for the hearing on the statement of abatement costs, the N
Administrative Hearing Officer shall consider the statement and protests or
objections raised by the person liable to be assessed for the cost of the
abatement.
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Exhibit"A"
B. The Hearing Officer may revise.correct or modify the statement as the
Hearing Officer considers just.and thereafter shall confirm the cost.
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C. The decision of the Hearing Officer shall be in writing and shall be served by
mail. The decision of the Hearing Officer on the abatement costs shall be
sinal.
D. Any appeal of the Hearing Officer's decision shall be governed by California
Code of Civil Procedure Section 1094.6 or such section as may be amended
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from time to time. c
8.18.065 Council action
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A. If the property owner does not pay the cost of abating the nuisance within v
thirty calendar days after the cost becomes final or the hearing officer confirms c.
the costs of abatement, the cost shall become a special assessment against the E
real property upon which the nuisance was abated. The assessment shall 2
continue until it is paid, together with interest at the legal maximum rate c°
computed from.the date of confirmation of the statement until payment. The
assessment may be collected at the same time and in the same maimer as
ordinary municipal taxes are collected and shall be subject to the satne m
penalties and the same procedure and sale in case of delinquency as provided r_
for ordinary municipal taxes. N
B. The Director shall notify the property owner in writing of the property owner's E
right to be publicly heard by City Council prior to City Council adopting a =
resolution assessing such unpaid costs of abatement as liens upon the
respective parcels of land. The notice shall include the date, time,and location a
of the public hearing. N
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C. The City Council shall adopt a resolution at a public hearing assessing such
unpaid costs of abatement as liens upon the respective parcels of land as they
are shown upon the last available assessment roll.
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8.18.066 Imposition of special assessment lien and notice
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A. The City Clerk shall prepare and file with the County Auditor a certified copy of the w
resolution of the City Council assessing the costs of abatement as a lien on the land. 0
adopted pursuant to the preceding section. v
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B Notice of lien shall be mailed by certified mail to the property owner, if the property
owner's identity can be determined from the County Assessor's or County Recorder's y
records. The notice shall be given at the time of imposing the assessment and shall :..
specify that the property may be sold after three years by the Tax Collector for unpaid
delinquent assessments. The Tax Collector's power of sale shall not be affected by
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Exhibit"A"
the failure of the property owner to receive notice.
C. 'Ile County Auditor shall enter each assessment on the County tax roll upon the c
parcel of land. The assessment shall be collected at the same gime and in the same
manner as ordinary municipal taxes are collected, and shall be subject to the sante
penalties and procedure and sale in case of delinquency as is provided for ordinary i
municipal taxes. All laws applicable to the levy,collection and enforcement of LL
municipal taxes shall be applicable to the special assessment. However.if any real
property to which the cost of abatement relates has been transferred or conveyed to a Go
bona fide purchaser for value, or if a lien of a bona fide encumbrancer for value has o
been created and attaches thereon. prior to the date on which the first installment of m
the taxes would become delinquent,then the cost of abatement shall not result in a (0
lien against the real property but instead shall be transferred to the unsecured roll for c
collection. The tax collector's power of sale shall not be affected by the failure of the U
property owner to receive notice. c.
8.18.067 Rccord of niusrtnc aba ament lien
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As an additio tal rcri edy, the C)ii ector may cause a nuisance abatement lien fir costs
related to abatements. other t u dangerous building abatements, to be recorded with the San c
Bernardino County Recorder's Officer, pursuant to the provisions of Government.Code Section m
3877;.1. c
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8.18.068 Collection of costs an attorneysfees riot to hcaj im, r
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`''ham City niav accept payment ofany amount due at any time prior to the filing ofa
certili ' copy ofth City Council resolution,assessing the abatement costs NN i.th the County
Auditor, a
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8.18.070 Inventory of salvageable matter 04
A. When any of the matter referred to in Section 8.18.010 or other materials have been
removed from the yard, lot or premises pursuant to the abatement procedures set forth in
Sections 8.18.050 and 8.18.060 and have been determined by the Director to be salvageable,the
matter and materials shall be inventoried and held and retained by the Director for a period of at
least thirty days after written notice that the matter and materials are being held at a specified
place for delivery to the owner thereof and a copy of the inventory has been served, by certified w
mail..to the last address of record,postage prepaid, or by personal delivery,upon the owner. o
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B. In the event the owner does not take possession of and remove at his own expense the 2
matter and materials from the place where stored by the Director within thirty days after the N
service upon him,the City shall have a lien against the matter and materials for storage charges
for the thirty day period, and the matter and materials shall thereafter be appropriated for the use
of the City or disposed of or sold al public auction as follows:
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Exhibit"A"
1.Notice of such sale describing the matter and material in sufficient detail for its
identification shall be published once by the Director at least five days before the time
fixed for the sale in a regularly published newspaper of general circulation in the City. c
2. The matter and materials offered for sale shall be sold to the highest bidder for
cash,provided that the Director may, at.his discretion, fix a minimurn sale price and may
refuse to sell unless the mviimum price is offered.
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3. Proceeds of the auction sale or sales shall be applied towards the cost of o
abatement of the nuisance and the remainder, if any, shall be deposited with the Finance c
Department, to be placed in the general fund thereof,provided, that in the event the costs
of conducting the auction sale or sales and the storage charges. combined with the costs
of abatement, are less than the proceeds.then the balance or difference between the costs c
and the total proceeds shall be refunded to the owner. v
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8.18.080 Urgent public nuisance-Notice to property owner
If the Fire Chief or Director determines that a nuisance consisting of any or all matter °c
referred to in Section 8.18.010 constitutes an urgent public nuisance, he shall notifi-the owner or
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occupant of the lot or prcnises to abate the same, and if the nuisance is not abated within forty- c
eight hours after service or posting of notice and no appeal to the Fire Chief or Director is m
pending, then the Fire Chief or Director shall cause the lot or premises to be cleared of all such c
matter and the nuisance to be abated, and the expense of such clearing shall be a lien on the lot. rn
The notice given shall state that the finding of an urgent nuisance may be appealed to the
City Clerk within forty-eight hours of receipt. If abatement is ordered upon appeal to the Fire M
Chief or Director,the abatement shall be completed within forty-eight hours of the decision.
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In any case,the Fire Chief or Director may extend the time within which the nuisance is N
to be abated if abatement cannot be completed within forty-eight hours. The notice required
wider this section shall be in writing and shall be delivered to the owner at the address appearing
in records of a.title company or as may be known,except if the owner eminot be located after a
reasonable, good faith effort,then notice may be delivered to the occupant of the premises or
conspicuously posted on such lot or premises. If the owner does not reside within the City of San C
Bernardino.the notice of nuisance may be sent by special.delivery mail, and shall be effective
twenty-four hours after mailing. Actual notice by telephone, supplemented by mailing, shall be 00
effective as of the time of the telephoned notice. w
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The procedures to be followed with respect to the
assessment of the expenses of abatement shall v
be the same as those set forth in Section 8.18,060 and Chapter 8.30.
"Urgent public nuisance"as employed in this section means a.condition of property �
which is a menace to public health or safety or constitutes a fine hazard under conditions which
would be judicially determined to be a nuisance per se or a nuisance in fact, or where the
destruction or removal of the ol;jectionablc items is reasonably necessary under the
circumstances to prevent immediate harm to the public.
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Exhibit"A"
8.18.082 Summary abatement of nuisance per se without notice
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M cases where the Fire Chief of the Director finds the existence of a public emergency or
threatening public calamity or where immediate action is essential,he may order the abatement cc
of any or all matter referred io in Section 8.18.010 without notice or hearing, and the expense of L
such abatement shall be a lien on the lot.
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The matter referred to in Section 8.18.010 which may be abated pursuant to this section 00
shall be those things which are by the common or statute law declared to be nuisances per se,or c
which are in their very nature palpably and indisputably such.
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The procedures to be followed with respect to the assessment of the expense of abatement c
shall be the same as those set forth in Section 8.18.060 and Chapter 8.30. U
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8.18.090 Penalty for violation 2
Any person,partnership. firm or corporation,whether as principal, agent, employee,or °e
otherwise, interfering,obstructing or preventing or causing the interference, obstruction or E
prevention, of or with,the enforcement or performance of any of the provisions of this Chapter
by the Fire Chief.Director. or other authorized person is guilty of a misdemeanor or an m
infraction,which upon conviction thereof is punishable in accordance with the provisions of
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Section 1.12.010 of this Code. N
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