HomeMy WebLinkAboutMC-1032
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Adop~ed: October 5, 1998
Effective: November 5, 1998
ORDINANCE NO, MC-l032
2 AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING
CHAPTER 8,27 OF THE SAN BERNARDINO MUNICIPAL CODE AUTHORIZING
3 THE CODE COMPLIANCE DIRECTOR TO CONDUCT ANNUAL WEED
ABATEMENTS AND RECOVER COSTS.
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5 THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO
DO ORDAIN AS FOLLOWS:
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SECTION 1. Section 8.27.020 is hereby amended to read as follows:
"8.27.020
Refusal of owner to remove nuisances - Infraction
- Power of arrest - Notice to appear.
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Any owner, agent or person having charge of or occupying
any lot or premises within the City who refuses or neglects for a period
of five days after receiving notice from the Code Compliance Director
of the City to remove any of the things declared to be a nuisance in Section
8.27,010 thereof, is guilty of an infraction, which upon conviction thereof
is punishable in accordance with the provisions of Section 1.12,010 of this
Code, The Code Compliance Director, or his or her designated representatives
shall have the authority to enforce the provisions of this Chapter and may
arrest and issue notices to appear for violations hereof pursuant to Section
836.5 and Chapter 5C ofPart 2, Title 3 (853.6 et seq.) of the California Penal
Code."
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18 SECTION 2. Section 8,27,030 is hereby amended to read as follows:
"8.27,030
Declaration and order to abate public nuisance _
Right of protest and hearing,
A.
Whenever any of the public nuisances described or mentioned in
Section 8.27.010 exist in the City, the Code Compliance Director
may find and declare the same to be a public nuisance under the
provisions of this Chapter and may order the abatement of such
public nuisance as hereinafter provided. The Code Compliance
Director may further find and declare that weeds and vegetation
on specified parcels of property are seasonal and recurrent nuisances
and order the periodic abatement of such nuisances as hereinafter
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ORDINANCE NO, MC-1032
2 AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING
CHAPTER 8.27 OF THE SAN BERNARDINO MUNICIPAL CODE AUTHORIZING
3 THE CODE COMPLIANCE DIRECTOR TO CONDUCT ANNUAL WEED
ABATEMENTS AND RECOVER COSTS.
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provided, and may further find that weeds and other matters
constituting public nuisances along and near dead trees and fences
increase the fire hazard and may notify the owner of such condition
in order that remedial action can be undertaken.
B.
Any owner whose property is found by the Code Compliance
Director to support a nuisance may protest the finding and be heard
by the Hearing Officer, according to the terms of the Notice received
pursuant to Section 8.27.040 ofthe San Bernardino Municipal Code,"
SECTION 3. Section 8,27.040 is hereby amended to read as follows:
"8.27.040
Notice to clean premises; protest and notice of hearing
thereon.
A,
When the Code Compliance Director finds a nuisance to exist, he
shall cause a "Notice to Clean Premises" to be given in regard to all
property on which, or abutting that property on which, the nuisance
exists. Notices shall be mailed to all property owners as their names
and addresses appear in the latest records of a title company or the tax
assessment rolls of the County or as may be otherwise known, In
addition to the date and a description of the property by street
designation and any other information deemed appropriate by the
Code Compliance Director, the contents of the Notice shall be in
substantially the following form:
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"NOTICE IS HEREBY GIVEN pursuant to Section 8,27.040 of
the San Bernardino Municipal Code that the Code Compliance
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I ORDINANCE NO. MC-l032
2 AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING
CHAPTER 8.27 OF THE SAN BERNARDINO MUNICIPAL CODE AUTHORIZING
3 THE CODE COMPLIANCE DIRECTOR TO CONDUCT ANNUAL WEED
ABATEMENTS AND RECOVER COSTS.
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Director of the City of San Bernardino has determined that a
nuisance exist on or abutting the property described in this Notice
or on the parkway thereof. The nuisance consists of one or more
of the following: weeds, sage brush, chaparral, brush, dry
vegetation or vegetation which attains such extensive growth as to
become a fire menace when dry, poison oak or ivy or other plants
which are noxious or dangerous, dry grass, stubble, dead
wood, dead or diseased trees, dead or dry palm fronds, fences in
disrepair or broken, litter, flammable material which creates a fire
hazard, empty containers, abandoned asphalt or concrete, rubble
or waste materials. You must abate or remove this nuisance;
otherwise, it will be removed and abated by the City of San
Bernardino, in which case the cost of such removal shall be
assessed upon the property from which, or abutting the property
from which said nuisance is removed, and such costs shall
constitute a tax lien upon such lots or land until paid,
"Any person objecting to this determination of a nuisance
or the proposed removal and abatement of said nuisance shall file
a written protest with the City Clerk not later than ten days from
the date of this Notice. The City Clerk shall transmit such protest
promptly to the Hearing Officer of San Bernardino.
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NOTICE IS FURTHER GIVEN that said protest shall be heard before the
Hearing Officer in the Council Chambers at City Hall, 300 North "D"
Street, San Bernardino, California, on the second or fourth Thursday of the
next month after the date of this Notice at two 0' clock in the afternoon, If
a timely protest has been filed, you or your agent may appear at said
hearing and be heard and may present and hear evidence concerning the
28 CDKltbm[amend.827]
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I ORDINANCE NO. MC-l032
2 AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING
CHAPTER 8,27 01<' THE SAN BERNARDINO MUNICIPAL CODE AUTHORIZING
3 THE CODE COMPLIANCE DIRECTOR TO CONDUCT ANNUAL WEED
ABATEMENTS AND RECOVER COSTS.
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proposed abatement."
B.
In addition to mailing the notice in the manner and form required
herein, such notice may (permissive) be conspicuously posted on
or adjacent to the property to be charged with the costs of abatement."
SECTION 4. Section 8,27.050 is hereby amended to read as follows:
"8,27.050
Notice to clean regrowth - Seasonal and recurrent
nuisances.
A.
Whenever the Code Compliance Director has determined that
weeds, dead or dry palm fronds or other dry vegetation of any
type on specified parcels of property are seasonal or recurrent
nuisances, the Notice provided for in Section 8.27.040 shall have
this additional language added to the first paragraph of the Notice:
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"The Code Compliance Director has also determined
that the property described in this Notice supports the growth of
weeds, dead or dry palm fronds and dry grass which are seasonal
and recurrent nuisances that must also be removed and abated
hereafter from time to time. Notice of regrowth of this nuisance
during this calendar year will be given by postcard only without
further hearing. Failure to abate such recurring conditions will
result in the City abating such nuisances, in which case the cost
of such removal shall constitute a tax lien upon the property
described in this Notice until paid. The efficient and economical
control of such seasonal and recurrent nuisances may require
preventative chemical control of such weed seeds and weed
seedlings, and the City may require preventative chemical control
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28 CDKltbm[amend.827)
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ORDINANCE NO. MC-1032
2 AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING
CHAPTER 8,27 OF THE SAN BERNARDINO MUNICIPAL CODE AUTHORIZING
3 THE CODE COMPLIANCE DIRECTOR TO CONDUCT ANNUAL WEED
ABATEMENTS AND RECOVER COSTS,
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of such nuisance."
B.
After such seasonal and recurrent nuisance has been abated once
and the nuisance recurs in the same calendar year, the Code
Compliance Director shall cause a postcard notice to be mailed to
the property owners as their names and addresses appear in the
latest records of a title company or the tax assessment rolls of the
County or as may be known to the Code Compliance Director.
The notice shall show the property address to which the notice
relates and the contents of the postcard notice shall be in
substantially the following form:
NOTICE OF REGROWTH
A "NOTICE TO CLEAN PREMISES" was previously
mailed to you declaring a nuisance on the above property, That
Notice, which required removal or abatement of such nuisance,
also declared that substantial regrowth must be abated.
The above property was recently inspected and the removal
of the following items is required at this time:
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You are hereby urged to perform the abatement work indicated
within ten days from the date of this notice. If the property is not cleaned
and the nuisance abated within that time, the City will have the work done
to abate the nuisance and will assess the cost thereof as a tax lien against
the property."
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ORDINANCE NO, MC-1032
2 AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING
CHAPTER 8.27 OF THE SAN BERNARDINO MUNICIPAL CODE AUTHORIZING
3 THE CODE COMPLIANCE DIRECTOR TO CONDUCT ANNUAL WEED
ABATEMENTS AND RECOVER COSTS.
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5 SECTION 5. Section 8,27.060 is hereby amended to read as follows:
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"8,27.060
Hearing by the Hearing Officer- Appeal to
Board of Building Commissioners.
At the time set for hearing, the Hearing Officer shall hear and consider all
objections or protest to the finding of nuisance and the proposed removal
of the nuisance and may continue the hearing from time to time. Upon the
conclusion of the hearing, the Hearing Officer shall allow or overrule any
or all objections, and if the nuisance is confirmed, the Code Compliance
Director shall be deemed to have acquired jurisdiction to have the work or
removal performed. The decision of the Hearing Officer is final, subject
to the right of the property owner to appeal to the Board of Building
Commissioners, the notice of appeal under this section must be filed with
the City Clerk's office within ten days following the mailing of the
decisions of the Hearing Officer and shall include the payment of all
applicable appeal fees. The appeal shall be made in accordance with
Section 8.30,70. The Board's decision shall be final and conclusive and
shall not be subject to appeal to the Mayor and Common Council.
Pursuant to Code of Civil Procedure Section 1094,6, any action to review
the decision of the Board shall be commenced no later than the ninetieth
day after the date the Board's order is adopted.
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SECTION 6. Section 8.27,070 is hereby amended to read as follows:
"8.27.070
Abatement of nuisance.
Upon acquiring jurisdiction, the Code Compliance Director shall
abate the nuisance, and his or her assistants or deputies, or any person,
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ORDINANCE NO. MC-1032
2 AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING
CHAPTER 8.27 OF THE SAN BERNARDINO MUNICIPAL CODE AUTHORIZING
3 THE CODE COMPLIANCE DIRECTOR TO CONDUCT ANNUAL WEED
ABATEMENTS AND RECOVER COSTS,
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firm or corporation under contract to do the work are expressly authorized
to enter upon private property for that purpose."
SECTION 7. Section 8.27.080 is hereby amended to read as follows:
"8.27.080
Performance of work under contract - Bids,
At least annually, the Code Compliance Director shall solicit bids
for the performance of the work described in this Chapter. All bids so
submitted shall be accompanied by cash, cashier's check, money order,
or certificate of deposit payable to the City in the sum of three hundred
dollars, which sum must be forfeited to the City upon failure of the bidder
to enter into the contract awarded, The Mayor and Common Council may
reject any and all proposals or bids and readvertise or may order the Code
Compliance Director to abate the nuisance,"
16 SECTION 8. Section 8.27.090 is hereby amended to read as follows:
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"8.27.090
Removal of nuisance by property owner - Time limit.
A.
Any property owner shall have the right to have such nuisance
removed at his own expense provided the same is done within
ten days after the mailing of the "Notice to Clean Premises",
as provided in Section 8.27.040, and to the satisfaction ofthe
Code Compliance Director.
B.
Upon the written approval of the Code Compliance Director,
an owner of a lot or parcel larger than one acre or two hundred
feet by two hundred feet in area, or of two or more subdivided
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I ORDINANCE NO. MC-l032
2 AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING
CHAPTER 8.27 OF THE SAN BERNARDINO MUNICIPAL CODE AUTHORIZING
3 THE CODE COMPLIANCE DIRECTOR TO CONDUCT ANNUAL WEED
ABATEMENTS AND RECOVER COSTS.
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and unimproved lots adjacent to one another and under the same
ownership, may construct at his own expense a fifty-foot fire break
around the entire perimeter of the lot, lots or parcel within the
ten-day period and to the satisfaction of the Code Compliance
Director; provided, that such fire break must be one hundred feet
in width when adjacent or in close proximity to a building; and
provided further, that a fifty foot fire break shall be constructed
adjacent to any public highway on the lot, lots or parcel. The
Code Compliance Director shall not give his written approval to
such owner for fire breaks in the event he determines that said larger
lot or parcel or subdivided lots are so dangerous and hazardous to
life or property as to require immediate abatement."
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14 SECTION 9. Section 8,27.091 is hereby amended to read as follows:
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"8.27.091
Removal of seasonal and recurrent nuisance by property
owner - Time limit,
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A.
Any property owner shall have any seasonal and recurrent nuisance
removed at his own expense provided the same is done within ten
days from the date of mailing of the postcard notice under
Section 8.27.050 and to the satisfaction of the Code Compliance
Director.
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B.
In lieu of removing the nuisance, a fire break may be installed and
maintained as provided for in Section 8.27.090,"
SECTION 10. Section 8.27.100 is hereby amended to read as follows:
"8.27.100
Assessment for abatement by City - Filiug of objection.
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ORDINANCE NO. MC-l032
AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING
CHAPTER 8.27 OF THE SAN BERNARDINO MUNICIPAL CODE AUTHORIZING
3 THE CODE COMPLIANCE DIRECTOR TO CONDUCT ANNUAL WEED
4 ABATEMENTS AND RECOVER COSTS.
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The Code Compliance Director shall, upon completion of the
abatement, itemize the costs thereof including incidental expenses which
if unpaid shall be assessed against and become a lien upon the property on
which the nuisance was abated to be collected at the time and in the manner
of the real property taxes by the Tax Collector, pursuant to the procedure set
forth in Chapter 3,68. The Code Compliance Director shall forthwith
initiate proceedings before the Board of Building Commissioners under
Chapter 3.68 for determination and collection offee assessment for cost of
abatement. "
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ORDINANCE NO. MC-l032
2 AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING
CHAPTER 8.27 OF THE SAN BERNARDINO MUNICIPAL CODE AUTHORIZING
3 THE CODE COMPLIANCE DIRECTOR TO CONDUCT ANNUAL WEED
ABATEMENTS AND RECOVER COSTS.
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5 I HEREBY CERTIFY that the foregoing Ordinance was duly adopted by the Mayor
6 and Common Council of the City of San Bernardino at a joint regular meeting thereof,
held on the ~ day of October , 1998, by the following vote, to wit:
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8 COUNCIL MEMBERS:
9 ESTRADA
LIEN
10 ARIAS
11 SCHNETZ
12 DEVLIN
ANDERSON
13 MILLER
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AYES
NAYS
ABSTAIN ABSENT
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x
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^,( C.(~
al es, Mayor
San Bernardino
Approved as to form
20 and legal content:
21 JAMES F. PENMAN,
City orney
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By:
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