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ORDINANCE NO. MC-786
ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING CHAPTER
12.96 TO PROVIDE FOR THE 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
AND TO PROVIDE PROCEDURES FOR ASSESSMENT OF COSTS INCURRED BY
THE CITY IN THE EVENT THE LANDSCAPING IS NOT PROPERLY
MAINTAINED AFTER INSTALLATION.
THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO DO ORDAIN AS FOLLOWS:
SECTION 1. Chapter 12.96 of the San Bernardino
Municipal Code is added to as follows:
"Chapter 12.96
Installation and Maintenance of Landscaped
Fronta~es on city Rights-of Way and within
the bU1lding set-back area up to a maximum
of twenty (20 feet."
12.96.010 Scope and Definitions.
A.
This Chapter shall apply to the installation and
maintenance of landscaping in front of properties in any
specified block where frontages do not have landscaping which
complies with City standards and development codes and
provides for city participation with property owners for
sharing the costs of installation on that portion of the
17 property fronting on the Right-Of-Way and the building set-
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back area up to a maximum of twenty (20) feet.
B. This Chapter shall apply to a lot
or property
20 fronting on, or otherwise adjacent to, or in conjunction with
21 specified street, arterial or collector street section or
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specified commercial zones as
resolution.
listed in the procedure
C. Definitions.
As used in this Chapter:
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1.
Frontages means all the property within the
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city Rights-of-Way and the building set-back up to a maximum
of twenty (20) feet fronting and facing the streets and
arterials in specified locations and commercial zones in the
City of San Bernardino.
2. Cost, installation cost, or variants thereof
means and includes the actual cost of installation and/or
maintenance of the landscaping and any incidental or
administrative expenses.
4. Director of Parks, Recreation and Community
Services Department or designee shall be responsible for
review and approval of landscape development plans and
specifications and final inspection after completion of
construction phase.
2.96.030 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 Public Works/City Engineer shall
notify the property owner to prepare landscape plans for
approval and upon approval of plans to cause landscaping
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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.
12.96.040 Participation By city.
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 right-of-way
and within the building set-back area up to a maximum of
twenty (20) feet, at the discretion of the Public works
Director. The Public Works 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.
12.96.050 Duty To Install Landscaping.
A. 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 installation of
landscaping in front of their properties upon notice so to do
by the City.
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12.96.060 Duty To Maintain And Repair After Installation.
A. The owners of lots or portions of lots fronting
on any portion of the public 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 in its use.
B. When the Director of Public Works/City Engineer
finds any 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/City Engineer shall notify the owners of the
property fronting on that portion of such rights-of-way to
perform maintenance of the landscaped frontages.
12.96.070 Service And Contents Of Notice To Maintain After
Installation.
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
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County. Immediately upon mailing the 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 landscape maintenance
requirements may be obtained 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 Director of Public Works/City
Engineer 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.
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 final and conclusive.
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/City
Engineer shall forthwith make the required improvements.
12.96.080 Hearing And Assessment Of Costs.
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1 A. Upon the completion of the maintenance
2 improvements, the Director of Public Works/City Engineer
3 shall cause notice of the cost of the maintenance
4 improvements to be given in the manner specified in
5 Subsection 12.96.060, except for posting, said notice shall
6 specify the day, hour and place when the Mayor and Common
7 Council will hear and pass upon a report by the Director of
8 Public Works/City Engineer of the cost of the improvements,
9 together with any objections or protests, if any, which may
10 be raised by any property owner liable to be assessed for the
11 cost of such maintenance improvements and any other
12 interested persons. In no case shall the hearing provided
13 for in this section be sooner than ten (10) days after giving
14 of notice.
15 B. The cost of the maintenance improvements may
16 include administrative expenses required for the proper
17 coordination and functioning of the maintenance improvements
18 in front of the parcel as determined by the Mayor and Common
19 Council.
20 c. upon the day and hour fixed for the hearing the
21 Mayor and Common Council shall hear and pass upon the report
22 of the Director of Public Works/City Engineer, together with
23 any objections or protests which may be raised by any of the
24 property owners liable to be assessed for such maintenance
25 improvements and any other interested persons. Thereupon the
26 Mayor and Common Council may make such revision, correction
27 or modifications in the report as it may deem just, after
28 which, by resolution, the report as submitted, or as revised,
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MC~786
1 corrected or modified, shall be confirmed. The Mayor and
2 Common Council may adjourn the hearings from time to time.
3 The decisions of the Mayor and Common Council on all protests
4 and objections which may be made, shall be final and
5 conclusive.
6 D. Upon confirmation of the above report, the Mayor
7 and Common Council may order the notice of lien to be turned
8 over to the accounting officer of the City, whereupon it
9 shall be the duty of this officer to have the amount of the
10 assessment added to the next regular bill for taxes levied
11 against the lot or parcel of land. If the City taxes are
12 collected by the County officials, the notice of lien shall
13 be delivered to the County AUditor, who shall enter the
14 amount thereof on the County assessment book opposite the
15 description of the particular property and the amount shall
16 be collected together with all other taxes thereon against
17 the property. The notice of lien shall be delivered to the
18 County auditor before the date fixed by law for the delivery
19 of the assessment book to the county Board of Equalization.
20 12.96.090 Limitation Of Actions.
21 A. Time.
22 No action, suit, or proceeding to set aside,
23 cancel, avoid, annul or correct any assessment or
24 reassessment, or to review any of the proceedings, acts or
25 determinations therein, or to question the validity of, or to
26 enjoin the collection of the assessments or reassessments or
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:1C-786
1 to enjoin the issuance of bonds to represent the same, shall
2 be maintained by any person unless such action is commenced
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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
8 shall ever be held to be invalid on the ground that the
9 street Right-of-Way, public property or any portion thereof,
10 upon which the work or any part thereof is or was done has
11 not been lawfully dedicated or acquired; provided, the same
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is lawfully dedicated or acquired, or an order for possession
prior to judgement has been obtained.
I HEREBY CERTIFY CERTIFY that the foregoing ordinance
was duly adopted by the Mayor and Common Council of the city
of San Bernardino at a
Rc quI ar
meeting thereof, held
May
1991, by the
day of
on the
20th
following vote, to wit:
ABSTAIN
NAYS
COUNCIL MEMBERS AYES
ESTRADA ---X-
REILLY x
FLORES -"-
MAUDSLEY -X-
MINOR ---1L-
POPE-LUDLAM ---X...-
MILLER ---X-
~ --
rN,j. /j _
Cl. Clerk , ~ney
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He-78b
20th
day of
, 1991.
The foregoing ordinance is hereby approved this
Hay
w. R. Hol
City of Sa
Approved as to form
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City
By:
18 (ORD:LANDSPFRONT)
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Me-78G
LANDSCAPE DEVELOPMENT AND MAINTENANCE PROGRAM
All streets listed below within the city Limits of the city
of San Bernardino:
North to South oriented streets (major arterials):
1. Waterman Avenue.
2. Sierra way.
3. Mountain View.
4. "0" Street
5. "E" Street
6. "F" Street
7. "G" Street
8. "H" Street
9. "I" Street
10. Mount Vernon Avenue
11. Medical Center Drive
12. California Street
East to West oriented streets (major arterials) :
1. Mill Street
2. Rialto Avenue
3. Second Street
4. Third Street
5. Fourth Street
6. Fifth Street
7. sixth Street
8. Seventh Street
9. Eighth Street
10. Ninth Street
11. Tenth Street
12. Eleventh Street
13. Baseline Street
14. sixteenth Street
15. Highland Avenue
16. 27th Street
17. 30th Street
18. 40th Street
19. Marshall Boulevard
20. 48th Street
21. University Parkway
22. Northpark Boulevard
EXHIBIT "I"
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".
East to West oriented streets (commercial zone):
1. Fourth street
2. sixth street
3. Seventh street
4. Eighth Street
5. Tenth Street
6. Eleventh Street
7. Fourteenth Street
8. Fifteenth Street
9. sixteenth street
All streets listed below not
City of San Bernardino but
influence:
within the city limits of the
within the City's sphere of
Del Rosa Avenue
Sterling Avenue
Foothill Drive
40th Street
(EXHIBITILDSCAPE)
EXHIBIT "I"
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