HomeMy WebLinkAboutMC-807
ORDINANCE NO. MC-807
AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTER
8.30 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO THE
ABATEMENT OF PROPERTY NUISANCES AND STREAMLINING THE
ADMINISTRATIVE PROCEDURES FOR LIENS AND SPECIAL ASSESSMENTS AND
REPEALING CHAPTER 8.33.
THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO
DO ORDAIN AS FOLLOWS:
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SECTION 1.
Chapter 8.30 of the San Bernardino Municipal
8 Code is hereby amended to read as follows:
9 "8.30.010 Definitions.
10 A 'public nuisance' means anything constituting a hazard to
11 life or property as defined in Sections 3479 and 3480 of the Civil
12 Code, Section 370 of the Penal Code, Section 7004 of Chapter 70 of
13 the latest edition of the Uniform Building Code, Section 302 of
14 Chapter 3 of the latest edition of the Uniform Code for the
15 Abatement of Dangerous Buildings, or anything defined as a public
16 nuisance by any other Ordinance of the City or law of the State or
17 by any court of competent jurisdiction, or which is a public
18 nuisance under the common law or subject to abatement under the
19 police powers of a municipality; or anything which is dangerous or
20 hazardous to human life or property or which, in relation to an
21 existing use, constitutes a hazard to safety, health or public
22 welfare by whatever cause occurring, including acts of God or
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nature.
Public nuisances include, but are not limited to, the
24 following:
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A.
Buildings which are abandoned, partially destroyed, or
26 permitted to remain unreasonably in a state of partial
27 construction;
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B. Unpainted buildings causing dry rot, warping, termite
infestation or unsightly appearance;
C. Overgrown trees and other vegetation causing detriment
to neighboring properties or property values;
D. Dead, decayed, diseased or hazardous trees, weeds, and
other vegetation or exterior landscaping constituting an unsightly
appearance, or dangerous to public safety and welfare, or
detrimental to nearby property or property values;
E. Inoperable or abandoned motor vehicles except as
permitted by Chapter 8.36;
F. Garbage and refuse cans stored in outside areas for an
unreasonable period of time and visible from public streets,
except as permitted by the Director of Public Services;
G. Packing boxes and other debris stored in outside areas
for unreasonable periods of time and visible from public streets,
or causing detriment to neighboring properties;
H. Broken windows constituting unsightly or hazardous
conditions;
I. Property on which the topography or configuration,
whether in a natural state or as a result of grading operations,
causes or will cause erosion, subsidence or surface water runoff
problems which will or may be injurious to the public health,
safety and welfare or to adjacent or nearby properties;
J. The emission of noise of such loud, unusual,
unnecessary, penetrating, raucous or boisterous nature as to
unreasonably disturb, annoy, injure, interfere with or endanger
the comfort, repose, health, peace, safety or welfare of adjacent
property owners or occupiers of normal sensitivity;
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1 K. Property maintained in such condition as to become so
2 defective, unsightly, or in such condition of deterioration or
3 disrepair that the same causes appreciable diminution of the
4 property values of surrounding properties or is materially
5 detrimental to proximal properties and improvements. This
6 includes, but is not limited to, the keeping or disposing of, or
7 the scattering over the property or premises, including sidewalks,
8 of any of the following:
9 (1) Lumber, junk, trash or debris;
10 (2) Abandoned, discarded, or unused objects or
II equipment such as automobiles, automobile parts, trailers,
12 campers, boats and buses, and similar objects or equipment;
13 (3) Any device, decoration, design, fence, structure,
14 or vegetation which is unsightly by reason of its condition or its
15 inappropriate location;
16 (4) Wood or paper signs in deteriorating condition;
17 (5) Any wall, fence or hedge;
18 L. Maintenance of premises so out of harmony or conformity
19 with the maintenance standards of adjacent properties as to cause
20 substantial diminution of the enjoyment, use, or property values
21 of such adjacent properties;
22 M. Property maintained (in relation to others) so as to
23 establish a prevalence of depreciated values, impaired
24 investments, and social and economic maladjustments to such an
25 extent that the capacity to pay taxes is reduced, and tax receipts
26 from such particular area are inadequate for the cost of public
27 services rendered therein;
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N. Any premises which are painted in an extremely vivid
and garish manner or which contain signs of such size or quantity
or which depict persons, things, or acts in such a manner as to be
unreasonable or unnecessarily injurious and detrimental to other
properties and improvements in the vicinity or which contain
election campaign posters and billboards or signs, billboards or
placards advertising a circus, carnival, sporting or similar event
and which remain forty-five (45) days after such election or event
has concluded;
O. Any vacant commercial or industrial property on which
are located signs related to uses no longer conducted or products
no longer sold on the premises, provided that outdoor advertising
displays which are located in permitted zoning districts or which
are otherwise legally permitted are excepted herefrom;
P. Automobile service stations, and the buildings and
premises thereof, that have been vacant or abandoned for a period
in excess of one hundred and eighty (180) consecutive days without
being reestablished and which have been maintained in such a
condi tion as to become so defective, unsightly, or in such a
condi tion of deterioration or disrepair that the same cause
appreciable diminution of the property values of surrounding
properties, or are materially and economically detrimental to the
neighboring properties and improvements.
Q. Underground or aboveground storage vessels or tanks
that have remained for more than six (6) months after the use of
such tanks or vessels ceases;
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1 R. Property which has an overgrowth of vegetation or the
2 accumulation of debris so as to constitute a fire hazard or likely
3 habitat for vermin; or,
4 s. Property on which hazardous substances, as defined by
5 applicable state or federal laws or regulations, are stored,
6 discharged, held, handled, maintained or used:
7 (1) In violation of federal, state or local laws or
8 regulations; or,
9 ( 2) In such a manner to affect in any way air or water
10 quality; or,
11 (3) In such a manner as to create an identifiable risk
12 or accidental release of substances, which release might adversely
13 affect the health or safety of persons, damage property, or
14 adversely affect air or water quality; or,
15 T. Animals, reptiles or insects kept in such a manner as
16 to pose a threat, disturbance, danger or menace to persons or
17 property of another or in a public right-of-way;
18 U. Machinery operated or maintained in such a way by
19 reason of its dust, exhaust or fumes creates a health or safety
20 hazard;
21 V. Any building, structure or property which has been
22 constructed or is maintained in violation of any specific
23 requirement or prohibition applicable to the building or
24 structure, including the Uniform Code for the Abatement of
25 Dangerous Buildings, or property, contained in the building
26 regulations of this City, or any law or any Ordinance of the City
27 or state relating to the condition, location, maintenance or
28 construction of buildings and property.
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W. Graffi ti.
8.030.020 Abatement.
Allor any part of any real property, or structure located
thereon, found as provided in this Chapter to constitute a public
nuisance, may be abated by the procedures set forth in this
Chapter or may be abated as provided in the Uniform Code for the
Abatement of Dangerous Buildings or in any other manner provided
by law. Said procedures shall not in any manner, however, limit
or restrict the City from enforcing other City Ordinances.
8.30.030 Commencement of Proceedings.
Whenever the Director of Planning and Building Services or
the Director of Public Services (both hereinafter called
Director) or their designated representative (hereinafter called
City Officer) reasonably believes a nuisance exists, he/she shall
commence abatement proceedings.
8.30.040 Notice of Hearing.
A. Where the City Officer finds that the nuisance exists,
he/she shall give not less than ten (10) days written Notice of
the Hearing to Determine Whether a Nuisance Exists to the owners
of affected properties and to any lien, mortgage, or trust deed
holder or lessee, as ascertained from title company records or as
known to the City Officer by mailing the same by certified mail to
the owner's/owners' address(es) as indicated thereon, and,
further, by conspicuously posting on the affected premises a copy
of the Notice.
B. The Notice shall indicate the nature of the alleged
nuisance, the description of the property involved, and the
designation of the time and place of the hearing to determine
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1 whether the same constitutes a nuisance, and the manner of its
2 proposed abatement if the same is found to be a nuisance.
3 C. The failure of any person to receive the Notice shall
4 not affect the validity of any proceedings under this Chapter.
5 8.30.050 Conduct of Hearing.
6 The hearing to determine whether a nuisance exists shall be
7 conducted by the City Administrator or his or her duly authorized
8 representative, who shall act as the hearing officer. At the
9 hearing, the City Administrator or his or her duly authorized
10 representative shall consider all relevant evidence, including,
11 but not limited to, applicable staff reports. He or she shall
12 give any interested person a reasonable opportunity to be heard in
13 conjunction therewith. Based upon the evidence so presented, the
14 City Administrator or his or her duly authorized representative
15 shall determine whether a nuisance wi thin the meaning of this
16 Chapter exists. The hearing shall not be conducted according to
17 formal rules of evidence or procedure but shall be conducted in a
18 manner generally complying with the Administrative Procedure Act
19 at Government Code Section 11370, et seq.
20 8.30.060 Order of Abatement.
21 A. The decision of the City Administrator or his or her
22 duly authorized representative shall be final and conclusive in
23 the absence of an appeal as provided in this Chapter.
24 B. The City Administrator or his or her duly authorized
25 representative shall, within ten working days after the conclusion
26 of the hearing, give written notice of his or her decision to the
27 owner and to any other person requesting the same. The notice
28 shall contain an order of abatement, if a nuisance is determined
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1 to exist, directed to the owner of the affected property and if
2 known, to the person in the control and/or charge of the property,
3 and shall set forth the nature of the nuisance, its location and
4 the time and manner for its abatement.
5 C. Where an appeal is filed as provided in this Chapter,
6 the order of abatement shall be suspended pending the review of
7 the determination in the manner set forth in this Chapter.
8 8.30.070 Appeal.
9 A. The owner or any person in possession of the property
10 or claiming any legal or equitable interest therein shall have the
11 right of appeal to the Board of Building Commissioners.
12 B. The appeal shall be filed with the City Clerk within
13 ten (10) days following the mailing of the decision of the City
14 Administrator and shall include the payment of all applicable
15 appeal fees. The appeal shall be in writing and shall set forth
16 (a) the specific action appealed from, (b) the specific grounds
17 for the appeal, and, (c) the relief or action sought from the
18 Board of Building Commissioners. In the event any notice of
19 appeal fails to set forth all information required by this
20 Section, the City Clerk shall return the same to the appellant
21 with a statement of the respects in which is deficient, and the
22 appellant shall thereafter be allowed ten (10) days after the City
23 Clerk mailed the return in which to perfect and refile his or her
24 notice of appeal.
25 C. The City Clerk shall set the manner for a hearing
26 before the Board at a date and time not less than ten (10) nor
27 more than thirty (30) days following the filing of the appeal.
28 The City Clerk shall then notify the appellant, by mail, of the
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1 date and time of the hearing. The Board may continue the hearing
2 date when necessary.
3 D. The Mayor and Common Council may, by Resolution,
4 establish a fee for the processing of an appeal.
5 8.30.080 Board of Building Commissioners Action.
6 A. At the time and place set for such hearing, the Board
7 of Building Commissioners shall review the decision of the City
8 Administrator or his or her duly authorized representative and
9 shall afford the appellant a reasonable opportunity to be heard in
10 connection therewith.
11 B. The Board may, by Resolution, establish rules of
12 procedure for the conduct of hearing appeals. The Board may
13 delegate final decision making authority to a hearing officer, or
14 Board sub-committee.
15 C. If the Board of Building Commissioners (or final
16 decision-making authority) finds from the relevant evidence
17 presented at the hearing that the action taken was in conformity
18 with the provisions of the Code, it shall require compliance with
19 the order of abatement within thirty (30) days after the mailing
20 of a copy of its order to the affected property owner unless a
21 period of time in excess of thirty (30) days is specifically
22 authorized within which to abate the nuisance.
23 D. If the nuisance is not abated within the thirty (30)
24 day period or within such longer period as the Board may provide,
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the Director is expressly authorized and directed to enter upon
the premises or to hire a contractor for the purpose of abating
the nuisance.
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8.30.090 Notice of Final Board or Hearing Authority
Decision.
A copy of the Board's order shall be mailed to the owner,
and to any other person requesting the same, by the City Clerk
within five working days after the adoption thereof. 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 not later than the ninetieth day after
the date the Board's order is adopted.
8.30.100 Recordation.
In addition to the.notice provided for in Section 8.30.090,
any order of abatement not appealed from, or if appealed, when
final following appeal, shall be recorded with the County
recorder. When the nuisance is abated a release shall then be
recorded.
8.30.110 Cost of Abatement.
Where the Director is required to cause the abatement of a
public nuisance pursuant to the provisions of this chapter, he or
she shall keep an accounting of the cost thereof, including
administrative expenses for the abatement. The term
"administrative expenses" includes but is not limited to the
actual expenses and costs of the City in the preparation of
notices, specifications and contracts, inspection of the work,
office overhead, filing fees, and the costs of printing and
mailings required under this chapter. Upon conclusion of the
abatement, he or she shall submit his or her itemized statement of
costs in a Report to the City Administrator and set the same for
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a hearing before the City Administrator. The Director shall cause
notice of the time and place of the hearing and a copy of the
Report to be given to the owners of the property to which the same
relate, and to any other interested person requesting the same, by
certified mail, postage prepaid, addressed to the person at his or
her last-known address at least five days in advance of the
hearing.
8.30.120 Report - Hearing and Proceedings.
At the time and place fixed for receiving and considering
the Report, the City Administrator shall hear and pass upon the
Report of the Director together with any objections or protests
raised by any of the persons liable to be assessed for the cost of
abating the nuisance. Thereupon, the City Administrator shall
make such revision, correction and modification to the Report as
he or she may deem just, after which the Report is submitted, or
as revised, corrected or modified shall be confirmed. The hearing
may be continued from time to time. The decision of the City
Administrator shall be subject to an appeal to the Board of
Building Commissioners in the time and manner set forth in
Sections 8.30.070 and 8.30.080.
8.30.130 Assessment of Costs Against Property.
The confirmed cost of abatement of a nuisance upon any lot
or parcel of land shall constitute a special assessment against
the respective lot or parcel of land to which it relates; and,
after its recording, as thus made and confirmed, the same shall
constitute a lien on the property in the amount of the assessment.
After the confirmation of the Report, a copy thereof shall be
transmitted to the City Clerk's Office, whereupon it shall be the
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1 duty of the Lien Coordinator to total the amounts of the
2 assessment, or assessments, and cause them to be added to the next
3 regular bills of taxes levied against the respective lots and
4 parcels of land for municipal purposes; and thereafter the amounts
5 shall be collected at the same time and in the same manner as
6 ordinary property taxes are collected, and shall be subject to the
7 same penalties and the same procedure for foreclosure and sale in
8 case of delinquency as provided for ordinary property taxes.
9 8.30.140 Alternates.
10 Nothing in this chapter shall be deemed to prevent the City
11 Attorney from commencing a civil action to abate a nuisance in
12 addition to, alternatively to, or in conjunction with the
13 proceedings set forth in this chapter; nor shall anything in this
14 chapter be deemed to prevent the city from commencing a criminal
15 action with respect to the nuisance in addition to, alternatively
16 to, or in conjunction with the proceedings set forth in this
17 chapter, or other ordinance, statute or state law.
18 8.30.150 Emergency Abatement.
19 A. Not withstanding any other provision of this chapter
20 with reference to the abatement of public nuisance, whenever the
21 Director of Planning and Building Services, Fire Chief, City
22 Engineer, Director of Public Services or a duly authorized
23 representative determines that property, a building or structure
24 is structurally unsafe, or constitutes a fire hazard, or endangers
25 the life, health, property or safety of the public or its
26 occupants, and such condition constitutes an immediate hazard or
27 danger, he or she shall, without observing the provisions of this
28 chapter with reference to abatement procedures, immediately and
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forthwith abate the existing public nuisance.
B. The expense of the abatement shall be itemized and
after a hearing, notice of which is given in substantial
compliance with Section 8.30.040, relating to the emergency nature
of the abatement and the expenses incurred constitute a special
assessment and lien against the abated parcel as set forth in
Sections 8.30.110, 8.30.120 and 8.30.130.
8.30.160 Violation - Penalty.
A. The owner or other person having charge or control of
any such buildings or premises who maintains any public nuisance
defined in this chapter, or who violates an order of abatement
made pursuant to Section 8.30.060 is guilty of a misdemeanor.
B. Any occupant or lessee in possession of any building or
structure contrary to an order given as provided in this chapter
is guilty of a misdemeanor.
C. No person shall obstruct, impede or interfere with any
representative of the city or with any representative of a city
department or with any person who owns or holds any estate or
interest in a building which has been ordered to be vacated,
repaired, rehabilitated or demolished and removed, or with any
person to whom any such building has been lawfully sold pursuant
to the provisions of this code whenever any such representative of
the City Council, representative of the city, purchaser or person
having any interest or estate in the building is engaged in
vacating, repairing, rehabilitating or demolishing and removing
any such building pursuant to the provisions of this chapter, or
in performing any necessary act preliminary to or incidental to
such work as authorized or directed pursuant to this chapter."
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AN ORDINANCE...RELATING TO THE ABATEMENT OF PROPERTY
NUISANCES AND STREAMLINING THE ADMINISTRATIVE PROCEDURES...
SECTION 2.
Chapter 8.33 of the San Bernardino Municipal
Code is hereby repealed.
I HEREBY CERTIFY that the foregoing ordinance was duly
adopted by the Mayor and Common Council of the City of San
Bernardino at a regular
meeting thereof, held on the 16th
day of September
, 1991, by the fOllowing vote, to wit:
Council Members:
ESTRADA
REILLY
HERNANDEZ
MAUDSLEY
MINOR
POPE-LUDLAM
MILLER
AYES
NAYS
ABSTAIN
ABSENT
The foregoing ordinance is hereby approved this /F~ day
of September
, 1991.
Approved as to form
and legal content:
JAMES F. PENMAN,
City Attorney
/v-7 ~
/ses/Nuisanc2.ord
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Cit Clerk
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b, Mayor
ernardino
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September 3, 1991