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HomeMy WebLinkAboutMC-370 I. ~ . 1 ORDINANCE NO. MC-370 2 ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SAN BERNARDINO MUNICIPAL CODE CHAPTER 8.69 TO DECLARE EXISTENCE OF GRAFFITI TO BE A NUISANCE AND PROVIDE FOR THE ABATEMENT THEREOF. 3 4 THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO DO ORDAIN AS FOLLOWS: 5 6 SECTION 1. The Mayor and Common Council find: 7 (al Existence of graffiti and other inscribed material, 8 other than authorized signs, on public or private property, on 9 buildings, walls, fences, curbs and other structures, leads to 10 diminution of property values of entire neighborhoods of the City, 11 and creates blight in the community. 12 (bl Continued existence of graffiti and other inscribed 13 material on such property, without timely removal or covering by 14 paint, leads to the proliferation of other graffiti and 15 inscriptions on nearby property, encourages the rapid 16 deterioration of property, with diminution of property values 17 spreading throughout large areas of the community, and increases 18 the spread of blight. 19 (cl Existence of such graffiti and other inscribed material 20 on such property constitutes a public nuisance which the City of 21 San Bernardino, as a chartered City, has power to abate under its 22 police powers. The need to abate the existence of such graffiti 23 and inscribed material is a municipal affair, and affects only the 24 owners of property situated within the City of San Bernardino, and 25 has no discernible adverse effect on transient citizens. 26 SECTION 2. Chapter 8.69 of the San Bernardino Municipal Code 27 is amended by adding the following: 28 "8.69.030 Nuisance; notice to abate; abatement upon consent. MC-370 . 1 A. The existence of graffiti, writings and other inscribed 2 material, other than signs authorized under this Code, on public 3 or private property, including on buildings, walls, fences, curbs 4 and other structures, in a place visible to the public, from a 5 public street, alley or other place open to the public, is hereby 6 declared a public nuisance, and the periodic removal thereof is 7 necessary to protect the health, safety and public welfare of the 8 inhabitants of the City. 9 B. Whenever any of the public nuisances mentioned in 10 Subsection A exist in the City, the Director of Public Services, 11 or his or her designee, may find and declare the same to be a 12 public nuisance under the provisions of this chapter and may order 13 the abatement of such public nuisance as hereinafter provided. 14 Special priority shall be given to the abatement of any writings 15 or symbols which are offensive to a substantial number or class of 16 citizens, or any graffiti or writing which demeans any individual, 17 or causes or is likely to cause a breach of the peace. 18 C. Any owner whose property is found to be or contain a 19 public nuisance by the Director of Public Services shall have the 20 right to request a hearing to determine whether in fact a public 21 nuisance exists as hereinafter provided. The owner may 22 specifically consent to removal, in which event the Director of 23 Public Services is authorized to immediately abate the nuisance. 24 8.69.040 Notice to remove graffiti, protests and notice of 25 hearing thereon. 26 A. When the Director of Public Services finds a nuisance as 27 described in Section 8.69.030 to exist, he or she shall cause a 28 'Notice to Remove Graffiti' to be given in regard to all property -2- MC-370 -. on which, or abutting that property on which, the nuisance exists. A Notice shall be mailed to each property owner as his, her or its name and address appears in the current records of a title company or the tax assessment rolls of the county, or as may be otherwise known. The Notice shall contain a date, a description of the property by street designation and any other information deemed appropriate by the Director of Public Services to designate the location from which graffiti, writings or other inscriptions are to be removed. The Notice shall be in substantially the following form: 'NOTICE IS HEREBY GIVEN pursuant to Section 8.69.040 of the San Bernardino Municipal Code that the Director of Public Services of the City of San Bernardino has determined that a nuisance exists on or abutting the property described in this Notice, or on the parkway thereof. The nuisance consists of graffiti, writings or other inscriptions, on buildings, walls, fences, curbs or other structures on such property or abutting such property. You must abate or remove this nuisance, by removal or covering of such graffiti, writings or other inscriptions. If you do not remove such nuisance, the nuisance may be removed and abated by the City of San Bernardino, without further notice to you, and for that purpose officers, agents, employees or contractors working under the direction of the Director of Public Services may enter upon your property to abate such nuisance. Any person objecting to this determination of a -)- MC-370 1 2 I 3 4 II II 5 'I 6 II 7 8 9 10 11 I II 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 nuisance or the proposed removal and abatement of said nuisance shall file a written protest with the City Clerk not later than five days from the date of mailing of this Notice. The City Clerk shall transmit such protest promptly to the Director of Public Services, who shall promptly schedule a date, time and place for hearing, and shall give notice thereof to the protesting property owner or other protester. The Director of Public Services will personally, or by an official hearing officer designated by him or her, hear any protests and consider any information, evidence or argument concerning the existence of such alleged nuisance, and after having given to the property owner, or his or her representative, the reasonable opportunity to be heard, shall render a decision as to whether a nuisance exists. 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 existence of the alleged nuisance and the proposed abatement. If you desire to have the City remove such nuisance, you may notify the Director of Public Services that you consent to abatement of the nuisance by the City. I 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 from which the nuisance is to be abated. -4- MC-310. 1 8.69.050 Hearing by Director of Public Services - Appeal 2 to Mayor and Common Council. 3 At the time set for hearing, the Director of Public Services, 4 or his or her designee, shall hear and consider all objections or 5 protests to the finding of nuisance and proposed abatement of the 6 nuisance, and may continue the hearing from time to time. The 7 hearing officer shall consider among other things whether the 8 expense necessarily incurred in complying with the ordinance and 9 the sanctions imposed for noncompliance are reasonable in relation 10 to the health, safety and public welfare interest being protected, 11 whether the existence of graffiti, writings or other inscriptions 12 in its present location is in fact a public nuisance, and has the 13 effect of diminishing property values of the neighborhood and 14 contributes to community blight, and shall consider the effect of 15 the existence of such graffiti, writings or other inscriptions on 16 a normal person of normal sensibility, and the environment in 17 which the graffiti, writings or other inscriptions exists 18 including, for instance, whether in an urban or rural setting. 19 The Director of Public Services, or his or her designee, shall not 20 find a nuisance to exist unless such hearing officer finds the 21 existence of an injurious effect upon the public in general. The 22 decision of the Director of Public Services, or his or her 23 designee, is final, subject to the right of the property owner to 24 appeal to the Mayor and Common Council pursuant to Chapter 2.64 of 25 the San Bernardino Municipal Code, except that the Notice of 26 Appeal must be filed within ten days of the hearing, or within ten 27 days of the mailing of notice of the decision by the Director of 28 Public Services, whichever occurs last. If a decision is rendered -5- MC- 370 . ! ". 1 at the time of the hearing, and a representative of the property 2 owner was present at such hearing, no mailing of the decision 3 shall be required. The decision of the Mayor and Common Council 4 upon any appeal shall be final and conclusive. Any person failing 5 to protest as authorized in Section 8.69.030 or failing to appeal 6 after the decision of the Director of Public Services shall be 7 deemed to have waived any and all objections, and the Director of 8 Public Services shall be deemed to have acquired jurisdiction to 9 abate the nuisance and have the work of removal performed. 10 8.69.060 Abatement of nuisance. 11 Upon acquiring jurisdiction, the Director of Public Services 12 shall abate the nuisance, and he and his assistants or deputies, 13 or any person, firm or corporation under contract to do the work, 14 are expressly authorized to enter upon private property for that 15 purpose. 16 8.69.070 Abatement of nuisance by property owner - Time 17 limit. 18 Any property owner shall have the right to have any such 19 nuisance removed or abated at his or her own expense provided the 20 same is done within ten days after the mailing of the 'Notice to 21 Remove Graffiti' as provided in Section 8.69.040, provided such 22 abatement is performed to the satisfaction of the Director of 23 Public Services. If additional time is desired in order to remove 24 the graffiti, writings or other inscriptions, a request therefor 25 shall be made to the Director of Public Services, who may grant 26 additional time within which the property owner shall have the 27 right to have any such nuisance removed at his or her own expense. 28 Upon expiration of such additional time, however, if the nuisance -6- MC.-370' . 1 is not removed, the Director of Public Services shall be deemed to 2 have acquired jurisdiction to abate the nuisance without further 3 notice or hearing and shall have authority to proceed to abate the 4 nuisance." 5 I HEREBY CERTIFY that the foregoing ordinance was duly 6 adopted by the Mayor and Common Council of the City of San 7 meeting thereof, held on Bernardino at a reqular the 21st day of 9 to wit: , 1984, by the following vote, 8 Mav 10 Council Members Castaneda, Marks, Ouiel, AYES: 11 Frazier, Strickler 12 None NAYS: 13 Council Members Reilly, Hernandez ABSENT: 14 /. a'.' o<.;:ffdd'/'?/'?/' .c.C;7/./r/ City Clerk 15 The foregoing ordinance is hereby day 16 17 of !~ay , 1984. 18 19 20 Approved as to form: ~~~ 21 22 23 24 25 26 27 28 -7-