HomeMy WebLinkAboutMC-344
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ORDINANCE NO.
MC-344
ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING TITLES 2, 8,
,10, 12 AND 15 OF THE SAN BEID.ARDINO MUNICIPAL CODE TO PROVIDE FOR
ITHE ESTABLISHMENT OF A DEPARTMENT OF PUBLIC SERVICES; AND TO
IREFLECT THAT THE DUTIES PREVIOUSLY DELEGATED TO THE STREET
SUPERINTENDENT, PUBLIC SERVICES SUPERINTENDENT AND SUPERINTENDENT
','OF THE REFUSE DISPOSAL DEPARTMENT SHALL BE PERFORMED BY THE
I DIRECTOR OF PUBLIC SERVICES.
Ii' THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO DO
ORDAIN AS FOLLOWS:
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SECTION 1. Chapter 2.14 of the San Bernardino Municipal Code
amended to read:
"Chapter 2.14
DEPARTMENT OF PUBLIC WORKS
2.14.010 Established.
There is established a Department of Public Works.
2.14.020 Director - Qualifications.
The department shall be under the management and control of
Ithe Director of Public Works, who shall hold the dual offices of
Director of Public Works and City Engineer. He shall be a civil
engineer registered under the laws of the state with not less than
fifteen years' professional experience, three years of which shall
have involved the supervision of public works projects.
2.14.030 Director - Duties.
A. Under the policies of the Mayor and Common Council, the
Director shall have all the powers and perform all the duties that
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are now or may hereafter be conferred or imposed by City Charter,
law or the Mayor and Common Council upon the City Engineer; and
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Ishall plan, coordinate and report on all the duties and activities
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!that are now or may hereafter be conferred or imposed by City
Charter, law or the Mayor and Common Council upon the Director of
MC-344
Public Works.
B. The Director shall have and exercise all the powers and
duties to:
I 1. Plan, organize, direct and coordinate a
Icomprehensive public works program or other work ordered by the
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!Mayor and Common Council, including but not limited to
iengineering, traffic signals, maintenance of public buildings and
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icentral garage;
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I 2. Act as technical advisor to the Mayor and Common
!Council, the City Administrator and department heads concerning
IpUbliC works and engineering proposals, programs or matters;
I 3. Direct the formulation of a long-term program of
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Ipublic works improvements and programs and confer with the City
Administrator on policies, programs and procedures relating to
public works and long-term capital improvement programs;
4. Plan, organize, direct and coordinate electrical
improvements and repairs, traffic engineering including the
designation of types, number and placement of traffic control
devices, maintenance and operations of public buildings, and the
operations of the central garage and other related facilities;
5. Plan, organize, direct and coordinate all programs
for local assessment districts under the provisions of the
Improvement Act of 1911 (Streets and Highways Code Sections 5000,
et seq.), Change of Grade Act of 1909 (Streets and Highways Code
Sections 8000, et seq.), Improvement Bond Act of 1915 (Streets and
Highways Code Sections 8500, et seq.), Municipal Improvement Act
of 1913 (Streets and Highways Code Sections 10000, et seq.), and
any other provision of state law relating to the planning for or
providing of new or improved streets, highways and municipal
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1 facilities. For purposes of carrying out these duties, the
2 Director of Public Works shall have all those powers and duties
3 granted to or assigned in such statutes to the Superintendent of
4 the Street Division;
5 6. Perform additional duties as may be ordered by the
6 Mayor and Common Council, or as are now or may hereafter be
7 conferred or imposed by City Charter, state or local law or rules
8 and regulations relating thereto.
9 2.14.040 Meetings.
10 The Director shall represent the Department of Public Works
11 at all meetings and hearings of the Mayor and Common Council
12 considering matters relating to public works either in person or
13 by duly authorized representatives."
14 SECTION 2. Chapter 2.15 is added to the San Bernardino
15 Municipal Code as follows:
16 "Chapter 2.15
17 DEPARTMENT OF PUBLIC SERVICES
18 2.15.010 Established.
19 The Department of Public Services is established.
20 2.15.020 Director - Duties.
21 Under the pOlicies of the Mayor and Common Council, the
22 Director shall have all the powers and perform all the duties that
23 are now or may hereafter be conferred or imposed by City Charter,
24 law or the Mayor and Common Council relating to streets, rubbish
25 and refuse disposal other than the planning, engineering,
26 development and improving of streets, which shall be the
27 responsibility of the Department of Public Works; and shall plan,
28 coordinate and report on all the duties and activities involved in
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IISUCh programs."
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licode is amended to read:
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idate of posting and service of such notice any person may appeal
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~the decision of the Fire Chief or his representative by filing
iwritten objections thereto in the office of the Fire Chief of the
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ICity. At nine-thirty a.m. on the Tuesday next following the date
lof receipt of such appeal or on any date to which the hearing is
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I cont~nued, the Fire Commission of the City shall hold a public
I hear1ng at the Central Fire Station, 200 East Third Street, San
I Bernardino, California, and shall hear and consider objections to
I the proposed abatement of the nuisance and shall approve or reject
I any obj ections.
! Fire Commission, by motion, may find the existence of a public
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SECTION 3.
Section 8.18.040 of the San Bernardino Municipal
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"8.18.040
Contents of notice.
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The notice shall state that any time within ten days from the
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After hearing and considering objections, the
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nuisance and may order the Director of Public Services to cause
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such nuisance to be abated under this chapter; provided, that the
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owner of the premises shall first have five days from the date of
20 the order to remove and abate the nuisance at his own expense. In
21 the event objections have not been made, the owner of the premises
22 may remove and abate the nuisance at his own expense provided suc
23 removal and abatement is completed prior to the commencement of
24 abatement thereof by the Director of Public Services or his
25 representative."
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SECTION 4. Section 8.18.050 of the San Bernardino Municipal
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I Code is amended to read:
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I In the event the nuisance is not abated by the owner, the
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~Director of Public Services or his representative is authorized to
'I cause such nuisance to be abated by removing the rubbish, refuse,
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Idebris, waste material, and other matter including but not limited
Ito rocks, bricks, scrap metal and other pieces of metal, both
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"8.18.050
Abatement of nuisance.
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I ferrous and nonferrous, furniture or parts thereof, vegetation,
Ilcans, boxes, barrels, bottles, stores of commercial supplies, and
other matter, whether usable or not, straw, shavings, sacks, bags,
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11 litter, weeds, dry grass, dead trees or shrubs or branches
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]2 I thereof, used lumber or wood, combustible waste, fragments of any
13 'nature or kind, sawdust, excelsior, printed matter, paper,
]4 pasteboard, cardboard, cardboard boxes or crockery. The Director
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of Public Services, his authorized representatives, and any
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contractor hired by the City for such purpose shall have the right
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to enter upon private property to abate the public nuisance."
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SECTION 5. Section 8.18.060 of the San Bernardino Municipal
]9 Code is amended to read:
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"S.18.060 Cost of abatement - Lien on parcel.
2] The Director of Public Services shall, upon completion of the
22 abatement, itemize the costs thereof including incidental
23 expenses, which if unpaid shall be assessed against and become a
24 lien upon the property on which the nuisance was abated, to be
25 collected in the time and in the manner of the real property taxes
26 by the tax collector, pursuant to the procedure set forth in
27 Chapter 3.68. The Director of Public Services shall forthwith
28 initiate proceedings before the Board of Building Commissioners
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1 under Chapter 3.68 for determination and collection of the
2 assessment for costs of abatement."
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SECTION 6. Section 8.18.070 of the San Bernardino Municipal
4 Code is amended to read:
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"8.18.070 Inventory of salvageable matter.
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A. When any of the matter referred to in Section 8.18.010 or
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other materials have been removed from the yard, lot or premises
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pursuant to the abatement procedures set forth in Sections
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8.18.050 and 8.18.060 and have been determined by the Director of
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Public Services to be salvageable, the matter and materials shall
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be inventoried and held and retained by the Director of Public
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,Services for a period of at least thirty days after written notice
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that the matter and materials are being held at a specified place
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for delivery to the owner thereof and a copy of the inventory has
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been served, by certified mail, to the last address of record,
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postage prepaid, or by personal delivery, upon the owner.
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B. In the event the owner does not take possession of and
18 remove at his own expense the matter and materials from the place
19 where stored by the Director of Public Services within thirty days
20 after the service upon him, the City shall have a lien against the
22 period, and the matter and materials shall thereafter be
21 matter and materials for storage charges for the thirty-day
23 appropriated for the use of the City or disposed of or sold at
24 public auction as follows:
1. Notice of such sale describing the matter and
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26 material in sufficient detail for its identification shall be
27 published once by the Director of Public Services at least five
28 days before the time fixed for the sale in a regularly published
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i newspaper of general circulation in the City.
I 2. The matter and materials offered for sale shall be
~ sold to the highest bidder for cash, provided that the Director of
II Public Services may, at his discretion, fix a minimum sale price
~ and may refuse to sell unless the minimum price is offered.
i 3. Proceeds of the auction sale or sales shall be
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I applied towards the cost of abatement of the nuisance and the
i remainder, if any, shall be deposited with the City Treasurer, to
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i be placed in the general fund thereof; provided, that in the event
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I the costs of conducting the auction sale or sales and the storage
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I charges, combined with the costs of abatement, are less than the
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I proceeds, then the balance or difference between the costs and the
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I total proceeds shall be refunded to the owner."
SECTION 7. Section 8.24.100 of the San Bernardino Municipal
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15 Code is amended to read:
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"8.24.100 Collection of pasteboard, cardboard and paper -
17 Baling required.
18 After and subject to the issuance of a permit by the Director
19 of Public Services of the City, any person may collect and remove,
20 or cause to be collected and removed, pasteboard, cardboard,
21 corrugated cardboard boxes and paper, which must also be
22 byproducts as defined in Section 8.24.010, from his local place of
23 business and transport the same in completely covered trucks upon
24 the public highways; provided, that such described materials have
25 first been pressed and baled immediately and daily, except on
26 Sundays and legal holidays, by an approved mechanical or hydraulic
27 baler to a dry (twenty percent moisture) density of twelve pounds
28 per cubic foot. The baler shall comply with minimum
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specifications therefor on file in the Department of Public
Services and shall be located in an enclosed room or building on
his premises and operated by his employees; and such collection,
removal and transportation shall be done at least each and every
week and in accordance with the rules and regulations of the
Director of Public Services."
SECTION 8. Section 8.24.110 of the San Bernardino Municipal
Code is amended to read:
"8.24.110 Collection of pasteboard, cardboard and corrugated
cardboard boxes - Removal semiweekly - Permit required.
Any person may remove at least semiweekly pasteboard,
cardboard and corrugated cardboard boxes, which must also be
byproducts as defined in Section 8.24.010, from his local place of
business and transport at least semiweekly the same in a
completely covered vehicle upon the public highway; provided, that
such person shall first obtain a permit therefor from the Director
of Public Services and shall comply with the rules and regulations
of the Director of Public Services."
SECTION 9. Section 8.24.120 of the San Bernardino Municipal
Code is amended to read:
"8.24.120 Definition of pasteboard, cardboard, corrugated
cardboard boxes and paper; other combustible material.
Such pasteboard, cardboard, corrugated cardboard boxes and
paper referred to in this chapter shall be deemed to mean
combustible material as set forth in Article 11 of the Uniform
Fire Code as adopted by the City, and such collection, removal an
transportation and the storage of such combustible material shall
be performed in compliance with Article 11 thereof and with
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other provisions
land regulations
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Ilchief. "
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III SECTION 10.
!Code is amended
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Issuance of permits for removal of combustible
of this chapter and law and subject to the rules
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of the Director of Public Services and the Fire
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Section 8.24.130 of the San Bernardino l1unicipal
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to read:
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"8.24.130
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Imaterial.
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! The Director of Public Services may issue permits to
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iindividual places of business to dispose of byproducts subject to
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Ihis rules and regulations, provided that any byproduct which is
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,Ialso a combustible material as set forth in Section 8.24.120 or in
IArticle 11 of the Uniform Fire Code, shall be removed, stored,
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transported and disposed of in compliance with Article 11 of said
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Uniform Fire Code and other provisions of this chapter and law and
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Ithe rules and
IFire Chief."
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regulations of the Director of Public Services and
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SECTION 11.
Section 8.24.140 of the San Bernardino Municipal
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Code is amended to read:
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"8.24.140 Private removal of rubbish, combustible material
20 and byproducts - Permit required.
21 Any person who desires to operate a privately owned vehicle
22 on the public streets for the collection, removal, transportation
23 or disposal of any rubbish, combustible material or byproduct must
24 obtain a permit for such operation from the Director of Public
25 Services. No permit may be granted when such vehicle is not
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I provided with a tight cover and so operated as to prevent
I offensive odors escaping therefrom and refuse, liquids and other
I material from being blown, dropped or spilled."
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1 SECTION 12. Section 8.24.150 of the San Bernardino Municipal
2 Code is amended to read:
3 "8.24.150 Revocation or suspension of permit.
4 Any permit may be revoked or suspended by the Director of
5 Public Services for a violation of any provision of this chapter
6 or the rules and regulations of the Director of Public Services or
7 the Fire Chief, subject to a right of appeal to the Mayor and
8 Common Council in accordance with prescribed procedures."
9 SECTION 13. Section 8.24.160 of the San Bernardino Municipal
10 Code is amended to read:
11 "8.24.160 Authority of Director of Public Services to make
12 rules and regulations.
13 The Director of Public Services shall have the authority to
14 make reasonable rules and regulations concerning the storage,
15 collection, transportation and disposal of rubbish, garbage,
16 combustible material and byproducts by private persons as he shall
17 find necessary, subject to a right of appeal from his order to the
18 Mayor and Common Council in accordance with prescribed
19 procedures."
20 SECTION 14. Section 8.24.170 Subsection C of the San
21 Bernardino Municipal Code is amended to read:
22 "C. The paper stock company shall have at least one approved
23 paper press in the City. The receiving, transportation, pressing
24 and possession of such paper stock products by said company shall
25 be performed in accordance with the rules and regulations of the
26 Director of Public Services."
27 SECTION 15. Section 8.24.180 of the San Bernardino Municipal
28 Code is amended to read:
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II Director of Public Services pursuant to this section, discarded
/newspapers placed for collection, and not used for wrapping
!garbage or similar purposes, shall be separated from all other
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Igarbage and rubbish and placed for collection in approved
"8.24.180
Separation of newspapers from garbage.
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Notwithstanding any rules and regulations made by the
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containers or securely tied bundles not exceeding fifty pounds in
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weight. "
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SECTION 16. Section 8.24.185 Subsection A Paragraph 2 of the
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10 San Bernardino Municipal Code is amended to read:
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"2. The services of the enterprise are and continue to be in
I[substantial compliance \~ith any term or condition imposed under
such permit or as may be modified by the Mayor and Common Council
(and kept on file in the office of the Director of Public Services
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of the City) and with any other applicable section of this
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chapter;"
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SECTION 17. Section 8.24.185 Subsection B of the San
18 Bernardino Municipal Code is amended to read:
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"B. Each permit shall be for a period of five years, and
20 shall terminate at the end of such period unless renewed or
21 extended by the Mayor and Common Council. It shall not be
22 transferable or assignable without the approval of the Mayor and
23 Common Council. The permit may be terminated at any time by a
24 thirty-day written notice mailed to the solid waste enterprise at
25 the address on file in the office of said Director of Public
26 Services when in the sole discretion of the Mayor and Common
27 Council it is determined that the enterprise is not in substantial
28 compliance with any term and condition of the permit, Section 4272
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1 of the Health and Safety Code, or this chapter, or for any other
2 reason. The permit shall terminate thirty days after the mailing
3 of the notice."
4 SECTION 18. Section 8.24.190 Subsection A of the San
5 Bernardino Municipal Code is amended to read:
6 "A. It is unlawful for any person, firm or corporation,
7 except an agent or employee of the City, or a person, firm or
8 corporation excepted under Sections 8.24.090 through 8.24.180, or
9 a person, firm or corporation possessing the requisite business
10 license and having obtained from the Mayor and Common Council upon
11 the recommendation of the Director of Public Services a permit to
12 collect rubbish in accordance with the rules and regulations of
13 the Department of Public Services as approved by the Mayor and
14 Common Council, or except a person, firm or corporation having a
15 contract awarded pursuant to Section 8.24.240, to collect, remove
16 or dispose of rubbish within the City; provided, that a person,
17 firm or corporation, having obtained said business license and
18 permit, may collect, remove and dispose of rubbish only from the
19 following locations:
20 1. Motels and gasoline service stations; and
21 2. Business, commercial and manufacturing
22 establishments within the business districts.
23 'Business, commercial and manufacturing establishments' as used in
24 this section means those business, commercial and manufacturing
25 establishments within the business districts, as defined in
26 Subsection B of this section, whether located inside or outside
27 the City, which are being served by said person, firm or
28 corporation on August 28, 1967, or !1arch 26, 1962, whichever is
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1 earlier."
2 I SECTION 19. Section 8.24.190 Subsection C of the San
3 I Bernardino Municipal Code is amended to read:
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4 i "C. The rubbish accounts of business, commercial and
5 lmanufacturing establishments which are being served by a person,
6 !firm or corporation on August 28, 1967, may continue to be served
7 by said person, firm or corporation so long as he or it is
8 continuously in business and complies at all times with each and
9 every provision of this chapter and of the rules and regulations
10 of the Department of Public Services. Such accounts may not be
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11 I sold, transferred or renewed and shall terminate permanently when
12 !service is discontinued for any reason. The person, firm or
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13 corporation desiring to continue to service the accounts shall
14 register in the office of the Department of Public Services and
15 shall provide names, addresses and other relevant data pertaining
16 to the accounts as may be required by the Director of Public
17 Services or the rules and regulations of the department within
18 thirty days from and after August 28, 1967."
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SECTION 20. Section 8.24.200 Subsection A of the San
20 Bernardino Municipal Code is amended to read:
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"A. No new permit for rubbish collection shall be approved
22 lor issued. A permit which is presently in full force and effect
23 shall not be transferred, assigned or sold and may be summarily
24 suspended, restricted or revoked by the Common Council at any time
25 for good cause, including but not limited to a violation of the
26 rules and regulations of the Director of Public Services or of
27 this chapter; provided that a notice is mailed, postage prepaid,
28 and registered, five days prior to the time of hearing by the
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I Director of Public Services to the holder of the permit; and
Iprovided, however, that the right to a notice is waived if an
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~the time of the hearing or if the holder has knowledge thereof."
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SECTION 21. Section 8.24.210 of the San Bernardino Municipal
Code is amended to read:
"8.24.210 Placement of containers and bins.
A. The City shall collect and remove from all places or
premises rubbish and garbage which is contained in receptacles or
containers of the type, weight, or kind prescribed by the Director
of the Department of Public Services, except approved bins
mechanically emptied, placed along the street curb in front
thereof or along the alley in the rear thereof, depending upon
whether the prescribed route is along the street or alley, except
as may be otherwise permitted by the rules of the Director of
jPublic Services. The City shall also collect and remove from all
places or premises rubbish and garbage which has been placed for
collection and which by reason of its character cannot practically
be placed in such receptacles. Such receptacle shall not exceed
thirty-two gallons in capacity and the receptacle when filled with
rubbish and garbage shall not exceed sixty pounds in gross weight.
Receptacles shall be free from rough or jagged edges or surfaces
which would be likely to cause injury to persons lifting them. An
approved receptacle made of wood, cardboard or pasteboard is
subject to being collected and discarded as rubbish.
B. No person shall place or cause to be placed any
receptacle or rubbish or garbage in any public highway or alley at
any place or in any manner other than as is provided in this
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to be a nuisance in Section 8.27.010 thereof shall be punished by
la fine not exceeding fifty dollars, or by imprisonment in the
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Ilcounty jail not exceeding thirty days, or by both fine or
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limprisonment in the discretion of the court. The Director of
II Public Services and his designated subordinates shall enforce the
I'provisions of this chapter and may arrest and issue notices to
,appear for violations hereof pursuant to Section 836.5 and
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Chapter 5C of Part 2, Title 3 (853.6, et seq.) of the California
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IPenal Code."
I SECTION 24. Section 8.27.030 of the San Bernardino Municipal
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II Code is amended to read:
"8.27.030 Declaration and order to abate public nuisance -
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13 Right of protest and hearing.
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A. Whenever any of the public nuisances described or
15 mentioned in Section 8.27.010 exist in the City, the Director of
16 Public Services may find and declare the same to be a public
17 nuisance under the provisions of this chapter and may order the
18 abatement of such public nuisance as hereinafter provided. The
19 Director of Public Services may further find and declare that
20 weeds and vegetation on specified parcels of property are seasonal
21 and recurrent nuisances and order the periodic abatement of such
22 nuisances as hereinafter provided, and may further find that weeds
23 and other matters constituting public nuisances along and near
24 dead trees and fences increase the fire hazard and may notify the
25 owner of such condition in order that remedial action can be
26 undertaken.
B. Any owner whose property is found by the Director of
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28 Public Services to support a nuisance may protest the finding and
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1 be heard by the Board of Building Commissioners, according to the
2 terms of the Notice received pursuant to Section 8.27.040 of the
3 San Bernardino Municipal Code."
4 SECTION 25. Section 8.27.040 Subsection A of the San
5 Bernardino Municipal Code is amended to read:
6 "A. When the Director of Public Services finds a nuisance to
7 exist, he shall cause a 'Notice To Clean premises' to be given in
8 regard to all property on which, or abutting that property on
9 which, the nuisance exists. Notices shall be mailed to all
10 property owners as their names and addresses appear in the latest
11 records of a title company or the tax assessment rolls of the
12 County or as may be otherwise known. In addition to the date and
13 a description of the property by street designation and any other
14 information deemed appropriate by the Director of Public Services,
15 the contents of the Notice shall be in substantially the following
16 form:
17 'NOTICE IS HEREBY GIVEN pursuant to Section 8.27.040 of
18 the San Bernardino Municipal Code that the Director of Public
19 Services of the City of San Bernardino has determined that a
20 nuisance exists on or abutting the property described in this
21 Notice or on the parkway thereof. The nuisance consists of one or
22 more of the following: weeds, sage brush, chaparral, brush, dry
23 vegetation or vegetation which attains such extensive growth as to
24 become a fire menace when dry, poison oak or ivy or other plants
25 which are noxious or dangerous, dry grass, stubble, brush, dead
26 wood, dead or diseased trees, dead or dry palm fronds, fences in
27 disrepair or broken, litter, flammable material which creates a
28 fire hazard, empty containers, abandoned asphalt or concrete,
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1 rubble or waste materials. You must abate or remove this
2 nuisance; otherwise, it will be removed and abated by the City of
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San Bernardino, in which case the cost of such removal shall be
lassessed upon the property from which, or abutting the property
'I from which, said nuisance is removed, and such costs shall
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iconstitute a tax lien upon such lots or land until paid.
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I Any person objecting to this determination of a nuisance
II or the proposed removal and abatement of said nuisance shall file
a written protest with the City Clerk not later than ten days
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this Notice. The City Clerk shall transmit such
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to the Board of Building Commissioners of San
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13 NOTICE IS FURTHER GIVEN that said protest shall be heard
14 before the Board of Building Commissioners in the Council Chambers
15 at City Hall, 300 North "D" Street, San Bernardino, California, on
16 the first Friday of the next month after the date of this Notice
17 at nine o'clock in the morning. If a timely protest has been
18 filed, you or your agent may appear at said hearing and be heard
19 and may present and hear evidence concerning the proposed
20 abatement. '"
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SECTION 26. Section 8.27.050 of the San Bernardino Municipal
22 Code is amended to read:
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"8.27.050 Notice to clean regrowth - Seasonal and recurrent
24 nuisances.
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A. Whenever the Director of Public Services has determined
26 that weeds, dead or dry palm fronds or other dry vegetation of any
27 type on specified parcels of property are seasonal or recurrent
28 nuisances, the Notice provided for in Section 8.27.040 shall have
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this additional language added to the first paragraph of the
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,Notice:
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'The Director of Public Services has also determined
~that the property described in this Notice supports the growth of
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Iweeds, dead or dry palm fronds and dry grass which are seasonal
land recurrent nuisances that must also be removed and abated
Ihereafter from time to time. Notice of a regrowth of this
Inuisance during this calendar year will be given by postcard only
II'without further hearing. Failure to abate such recurring
conditions will result in the City abating such nuisance, in which
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case the cost of such removal shall constitute a tax lien upon the
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12 property described in this Notice until paid. The efficient and
13 economical control of such seasonal and recurrent nuisances may
14 require preventative chemical control of such weeds, weed seeds
15 and weed seedlings, and the City may require preventative chemical
16 control of such nuisance.'
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B. After such seasonal and recurrent nuisance has been
18 abated once and the nuisance recurs in the same calendar year, the
19 Director of Public Services shall cause a postcard notice to be
20 mailed to the property owners as their names and addresses appear
21 in the latest records of a title company or the tax assessment
22 rolls of the County or as may be known to the Director of Public
23 Services. The notice shall show the property address to which the
notice relates and the contents of the postcard notice shall be in
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substantially the following form:
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'NOTICE OF REGROWTH
27
A "NOTICE TO CLEAN PREMISES" was previously mailed to
28 you declaring a nuisance on the above property. That Notice,
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1 which required removal or abatement of such nuisance, also
2 declared that substantial regrowth must be abated.
3 The above property was recently inspected and the
4 removal of the following items is required at this time:
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8 You are hereby urged to perform the abatement work
9 indicated within ten days from the date of this notice. If the
10 property is not cleaned and the nuisance abated within that time,
11 the City will have the work done to abate the nuisance and will
12 assess the cost thereof as a tax lien against the property.'.
13 SECTION 27. Section 8.27.060 of the San Bernardino Municipal
14 Code is amended to read:
15 "8.27.060 Hearing by Board of Building Commissioners _
16 Appeal to Mayor and Common Council.
17 At the time set for hearing, the Board of Building
18 Commissioners shall hear and consider all objections or protests
19 to the finding of nuisance and the proposed removal of the
20 nuisance and may continue the hearing from time to time. Upon the
21 conclusion of the hearing, the Board shall allow or overrule any
22 or all objections, and if the nuisance is confirmed, the Director
23 of Public Services shall be deemed to have acquired jurisdiction
24 to have the work of removal performed. The decision of the Board
25 is final, subject to the right of the property owner to appeal to
26 the Mayor and Common Council pursuant to Chapter 2.64 of the San
27 Bernardino Municipal Code, except that notwithstanding the
28 provisions of Chapter 2.64, the notice of appeal under this sectio
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must be filed within ten days from the hearing and decision by the
Board. The decision of the Mayor and Common Council shall be
final and conclusive. Any person or persons failing to protest as
authorized in Section 8.27.030 or failing to appeal after protest
as authorized in this section shall be deemed to have waived any
and all objections, and the Director of Public Services shall be
deemed to have acquired jurisdiction to abate the nuisance and
have the work of removal performed."
SECTION 28. Section 8.27.070 of the San Bernardino Municipal
Code is amended to read:
"8.27.070 Abatement of nuisance.
Upon acquiring jurisdiction, the Director of Public Services
shall abate the nuisance, and he and his assistants or deputies,
or any person, firm or corporation under contract to do the work
are expressly authorized to enter upon private property for that
purpose."
SECTION 29. Section 8.27.080 of the San Bernardino Municipal
Code is amended to read:
"8.27.080 Performance of work under contract - Bids.
At least annually, the Director of Public Services 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 Director of
Public Services to abate the nuisance."
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SECTION 30. Section 8.27.090 of the San Bernardino Municipal
Code is amended to read:
"8.27.090 Removal of nuisance by property owner - Time
limi t.
A. Any property owner shall have the right to have any 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 of the Director of Public Services.
B. In lieu of removing the nuisance, 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 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 Director of Public Services;
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."
SECTION 31. Section 8.27.091 Subsection A of the San
Bernardino Municipal Code is amended to read:
"A. Any property owner shall have the right to have any
seasonal and recurrent nuisances removed at his own expense
provided the same is done within ten days from the date of mailing
of the postcard notice provided for under Section 3.27.050 and to
the satisfaction of the Director of Public Services."
SECTION 32. Section 8.27.100 Subsection A of the San
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section, or at any time other than on the days and times
established by the Director of Public Services for collection of
rubbish and garbage on the particular route. In the interest of
public safety, no person shall permit rubbish and garbage
receptacles to remain on or immediately adjacent to the street or
alley after seven p.m. of the collection day. Except on days
established for collection, all rubbish and garbage receptacles
shall be placed out of sight from any public right-of-way."
SECTION 22. Section 8.24.240 Subsection E of the San
Bernardino Municipal Code is hereby repealed.
SECTION 23. Section 8.27.020 of the San Bernardino Municipal
Code is amended to read:
"8.27.020 Refusal of owner to remove nuisances - l1isdemeanor -
penalty - Power of arrest - Notices to appear.
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 Director of
Public Services of the City to remove any of the things declared
. .
.
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1 Bernardino Municipal Code is amended to read:
2 "A. The Director of Public Services shall, upon completion
3 and approval of abatement by the City, forthwith make an
4 assessment to cover the cost of abating the nuisance, including
5 all incidental expenses. The assessment shall itemize the work
6 performed and shall shO\~ the cost therefor, the amount of each
7 assessment against each lot or portion of lot described by the lot
8 and block number or parcel number according to the official maps
9 of the County Assessor; provided, however, that where the work
10 performed covers only a portion of a lot or parcel, the assessment
11 shall be levied against the entire lot or parcel assessed for
12 taxes. "
13 SECTION 33. The first paragraph of Section 8.30.030 of the
14 San Bernardino Municipal Code is amended to read:
15 "The City Engineer, Director of Public Services, Code
16 Compliance Officer, Superintendent of Building and Safety or other
17 authorized officer or employee of the City, hereinafter called
18 City officer, may issue a notice and order to show cause why a
19 public nuisance should not be abated within ten days from the date
20 of mailing such notice and order. The notice and order shall be
21 directed to the record owner of, and any other person, firm or
22 corporation having a known legal interest in, the land or real
23 property upon or in which a public nuisance exists or which is
24 adjoining and has, in part, directly or indirectly caused or
25 contributed to the creation or maintenance of such public
26 nuisance. The notice and order shall contain:"
27 SECTION 34. Section 8.30.120 of the San Bernardino Municipal
28 Code is amended to read:
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"8.30.120 Adoption of state statute.
2
Government Code Sections 38771 through 38773.5 are adopted
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and shall be operative and effective in the City. The Mayor and
Icommon Council may order the summary abatement of, or the Director I
10f Public Services or other authorized City officer, contractor or I
I
[person may abate summarily, any urgent public nuisance."
I SECTION 35. Section 8.30.140 Subsection B of the San
IBernardino Municipal Code is amended to read:
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"B. The Director of Public Services or other authorized City
I officer, contractor or person shall institute proceedings for
I hearing on the assessment of costs of abatement pursuant to
Chapter 3.68."
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SECTION 36. Section 8.30.150 of the San Bernardino Municipal
14 Code is amended to read:
15
"8.30.150 Violation - Penalty.
16 Any person, partnership, firm or corporation whether as
17 principal, agent, employee, or otherwise, interfering, obstructing
18 or preventing or causing the interference, obstruction or
19 prevention, of or with, the enforcement or performance of any of
20 the provisions of this article by the Director of Public Services,
21 the Superintendent of the Building and Safety Department or other
22 authorized person shall be guilty of a misdemeanor and, upon
23 conviction thereof, shall be punishable by a fine of not more than
24 five hundred dollars, or by imprisonment for a term not to exceed
25 six months, or by both such fine and imprisonment."
26
SECTION 37. Section 8.33.070 of the San Bernardino Municipal
27 Code is amended to read:
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"8.33.070 Authority of Director of Public Services to abate
nuisance.
In the event the nuisance is not abated by the owner within
the time prescribed, the Director of Public Services or other City
officer is authorized to remove, rehabilitate or repair the
premises or to designate an independent contractor to do so, and
he shall keep an account of the costs (including incidental
expenses) of abating such nuisance on each separate lot or parcel
of land where the work is done and shall render an itemized report
in writing to the Board of Building Commissioners showing the cost
of the abatement and the removing, rehabilitating or repairing of
the nuisance on the premises and the deduction of any salvage
value related thereto. Costs of abatement shall be a special
assessment and lien upon the subject parcel. Proceedings for
hearing, assessment, and collection of costs of the abatement of
the nuisance shall be instituted before the Board of Building
Commissioners pursuant to Chapter 3.68."
SECTION 38. Section 8.66.020 of the San Bernardino Municipal
Code is amended to read:
"8.66.020 Permit - Required.
It is unlawful for any person, firm or corporation to move,
or cause to be moved, any building or oversize load on, over or
across any public street, place or alley within the City without
first obtaining a permit to do so from the Director of Public
Services of the City, or for any person, firm or corporation to
fail, neglect or refuse to obey or comply with any term or
condition of such permit."
SECTION 39. Section 8.66.040 of the San Bernardino Municipal
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1 Code is amended to read:
2 "8.66.040 Permit - Issuance.
3 Upon filing of the application, accompanied by the fee and
4 bond required by this chapter, the Director of Public Services may
5 issue his permit, designating the streets over, on or across which
6 such building or oversize load shall be moved."
7 SECTION 40. Section 8.66.060 of the San Bernardino Municipal
8 Code is amended to read:
9 "8.66.060 Warning flags, lights or reflectors required -
10 Flagman required.
11 It shall be the duty of every person moving any building or
12 oversize load over public streets, alleys or places to provide
13 warning flags, lights or reflectors in such locations on the
14 building or oversize load as to indicate clearly the existence of
15 a hazard in all directions from which traffic may approach.
16 Lights and reflectors will be used between sunset and sunrise.
17 In addition to the warning flags, lights and reflectors required
18 above, a flagman shall be stationed approximately three hundred
19 feet from the building or oversize load in the direction of any
20 normal traffic flow. In all cases where a building or oversize
21 load projects over the centerline of the street, a flagman shall
22 be stationed three hundred feet ahead of, and another flagman
23 three hundred feet behind the building or oversize load. The
24 Director of Public Services is authorized to require such
25 additional warning and safety measures as he may deem necessary to
26 safeguard the public."
27 SECTION 41. Section 8.66.070 of the San Bernardino Municipal
28 Code is amended to read:
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"8.66.070 Surety bond required.
2
No permit shall be granted under this chapter unless and
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until the applicant has executed a good and sufficient surety bond
Ilito the City in a sum designated by the Director of Public
Services, but not less than one thousand dollars, conditioned that
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the applicant will hold and save the City and all officers thereof
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harmless from any and all costs, damages or expenses that the City
lor any of its officers may incur or be obligated to pay by reason
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lof the granting of such permit, including damage to streets, trees
land other City owned property."
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,Code is amended to read:
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SECTION 42.
Section 8.87.020 of the San Bernardino Municipal
]2
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"8.87.020
Compliance with Section 8.87.010 - Violation and
14
penalty.
]5
It is the duty of the Director of Public Services of the City
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to see that the provisions of Section 8.87.010 shall be complied
]7
with, and he shall notify all persons or companies who own,
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operate or have any such railroads or street car lines within the
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corporate limits of the City, and where tracks or rails are not
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kept even and flush with the surface of the pavement or street
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along the line of such tracks, to place the same in such condition
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within thirty days from such notice and every person who suffers
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or maintains any track or road bed, had or used for the purpose of
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operating such roads, or suffers or permits any rails, ties, track
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or road bed, whether used or not, to be and remain above or below
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the surface of any such pavement or street, so as to prevent the
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full use and enjoyment thereof, after said time, shall be deemed
guilty of a misdemeanor, and upon conviction thereof, in a court
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of competent jurisdiction, shall be fined not less than fifty nor
2
more than one hundred dollars, and each day's maintenance of such
3
tracks in such unlawful condition shall be deemed a separate and
I complete offense."
I
I! SECTION 43. Section 10.12.010 Subsection A Paragraph 3 of
'I
Ithe San Bernardino Municipal Code is amended to read:
I
I "3. The establishment of turning markers, U-turns and right
'and left turns at such places as it may deem necessary for the
I
rregulation of traffic; provided, however, the City Engineer or
iDirector of Public Services are authorized to designate safety
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left turns in all cases of emergency or as a temporary measure for
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a period of not exceeding fifteen days at such place or places as
14 such officer may deem necessary. The City Engineer shall erect
15 official traffic signals at such appropriate place or places, and
16 the Director of Public Services shall erect such official traffic
17 signs at such place or places."
18
SECTION 44. Section 10.12.010 Subsection B of the San
19 Bernardino Municipal Code is amended to read:
20
"B. The City Engineer shall install and maintain, or cause
21 to be installed and maintained, such official traffic signals as
22 are authorized by the Common Council; the Director of Public
23 Services shall install and maintain, or cause to be installed and
24 maintained, such official safety zones, turning markers, U-turns
25 and right and left turns as are authorized by the Common Council;"
26
SECTION 45. Section 10.12.010 Subsection C of the San
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Bernardino Municipal Code is amended to read:
28
"C. The City Engineer is authorized to cause the placing and
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1 maintenance of warning and control devices for public works
2 projects being done under contract with the City. Any person or
3
firm performing work in a City street pursuant to such a contract
Ishall provide warning and control devices as may be required in
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laccordance with the latest edition of the 'Work Area Traffic
[Control Handbook' (WATCH), as promulgated by the American Public
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Iworks Association, or as may be approved by the City Engineer.
,
'Such devices shall be removed after completion of the work or
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improvement project when their use is no longer required."
10
SECTION 46. Section 10.12.010 Subsection D of the San
11 Bernardino Municipal Code is added to read:
12
"D. The Director of Public Services is authorized to cause
13 'the placing and maintenance of warning and control devices for
14 street cutting and street improvement projects not performed under
15 public works contract with the City. Designation of the types and
16
inumber and placement of signs shall be the duty of the City
Engineer or his designee, who shall file a copy of any such
designation with the Director of Public Services. Any person or
17
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19 firm performing work in a City street other than as a contractor
20 on a public works project for the City shall provide warning and
21 control devices as may be required in accordance with the latest
22 edition of the 'Work Area Traffic Control Handbook' (WATCH), as
23 promulgated by the American Public Works Association, or as may be
24 approved by the Director of Public Services. The Director of Pub 1 c
25 Services shall have authority to enforce the placement and
26 maintenance of all such traffic control devices as are designated
27 .by the City Engineer or as are otherwise required by the Director
28 of Public Services. Such devices shall be removed after
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completion of the work or improvement project when their use is no
longer required."
SECTION 47. Section 10.12.020 of the San Bernardino
Municipal Code is amended to read:
"10.12.020 One-way streets and alleys.
Whenever the Common Council by resolution designates any one-
way street or alley, the Director of Public Services shall install
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1 and maintain signs giving notice thereof and indicating the course
2 to be traveled. When such signs are so erected, no person shall
3
'Idrive any vehicle in a direction contrary thereto."
I SECTION 48. Section 10.12.040 of the San Bernardino
IMuniciPal Code is amended to read:
"10.12.040 Signaling devices.
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7 It shall be illegal to make a right turn in violation of or
8 against a red or stop signal at any intersection in the City when
9
a sign is erected at such intersection prohibiting any such right
I . d .
turn aga1nst a re or stop s1gnal, and the Mayor and Common
10
11 Council shall by resolution designate such intersections, and the
12 Director of Public Services shall cause signs to be placed and
13 maintained prohibiting any such right turn as herein prov ided."
]4
SECTION 49. Section 10.16.010 Subsection A of the San
15 Bernardino Municipal Code is amended to read:
16
"A. Whenever the Mayor and Common Council by resolution
17
determine that any street, alley, or portion thereof, or other
18
property owned, leased, operated, or$Ontrolled by the City shall
be restricted or limited as to time or purpose of parking thereon,
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the Director of Public Services shall cause signs or markings
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giving adequate notice thereof to be placed and maintained on such
22
street, alley or other property indicating such limitations or
23
purposes as may be provided in such resolution."
24
SECTION 50. Section 10.16.020 Subsection A of the San
25
Bernardino Municipal Code is amended to read:
26
"A. Whenever the Common Council determines by resolution
27
that the stopping, standing or parking of any vehicle upon any
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street, alley, or portion thereof, or upon other property owned,
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leased, operated, or controlled by the City, will create a
traffic hazard or tend to create traffic congestion, the Director
of Public Services shall indicate, or cause to be indicated, such
place or places by appropriate signs, or he shall place or cause
to be placed and maintained red paint upon the entire curb surface
of such street, alley, or portion thereof, or of such property,
and it thereafter is unlawful for the driver of any vehicle to
stop, stand or park such vehicle on any such street, alley, or
portion thereof, or other City property in violation of such signs
or red paint."
SECTION 51. Section 10.16.020 Subsection C of the San
Bernardino Municipal Code is amended to read:
"C. Whenever the Common Council determines by resolution
that the parking of any commercial vehicle or house car upon any
street, alley, or part thereof, or upon other property owned,
leased, operated, or controlled by the City, will create a traffic
hazard, the Director of Public Services shall indicate, or cause
to be indicated, such place or places by appropriate prohibitory
signs, and it is thereafter unlawful for the driver of any
commercial vehicle or house car to park such commercial vehicle or
house car on any such street or alley, or portion thereof, or on
other property in violation of such signs."
SECTION 52. Section 10.16.030 of the San Bernardino
Municipal Code is amended to read:
"10.16.030 Angle parking.
The Common Council is authorized to determine, by resolution,
those streets or parts of streets upon which angle parking shall
be permitted (other than upon those state highways where such
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parking is prohibited by the state Vehicle Code) and the Director
of Public Services shall place and maintain white lines upon the
surface of the roadway indicating the angle at which parking is
permitted."
SECTION 53. Section 10.16.060 Subsection A of the San
IBernardino Municipal Code is amended to read:
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i "A. The Director of Public Services is authorized to install
Iland maintain parking space markings to indicate parking spaces
,
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!where authorized parking is permitted."
SECTION 54. Section 10.16.070 of the San Bernardino
IIMuniciPal Code is amended to read:
I "10.16.070 Twenty-minute parking.
I
When the Director of Public Services places and maintains or
causes to be placed and maintained authorized signs or green paint
on curbs, no vehicle may be parked for a longer period of time
than twenty minutes as indicated on such signs or by the green
paint on the curbs."
SECTION 55. Section 10.16.090 Subsection B of the San
Bernardino Municipal Code is amended to read:
"B. At any point where the adjacent curb has been painted or
marked red by the Director of Public Services, or at any place
where by other appropriate signs, placed and maintained by the
Chief of POlice, notice is given that the stopping of vehicles is
prohibited."
SECTION 56. Section 10.16.200 of the San Bernardino
Municipal Code is amended to read:
"10.16.200 Limited parking - Street sweeping.
The Director of Public Services is authorized to prohibit
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parking on designated City streets and private streets open for
use, for limited periods of time on designated days, for
street sweeping purposes, when debris or refuse on a given street
has accumulated. The Director of Public Services is authorized to
install at any such street or streets signs giving notice that no
person shall stand, stop or park a vehicle, except as provided on
such signs. Whenever authorized signs are in place giving notice
that stopping, standing or parking is prohibited during such hours
on such days as are indicated on such signs, it is unlawful for
any person to stop or stand or park any vehicle at any time during
such hours on such days."
SECTION 57. The first paragraph of Section 10.20.010 of the
San Bernardino Municipal Code is amended to read:
"Whenever any ordinance or resolution of this City designates
and describes any street or portion thereof as a through street,
or any intersections at which vehicles are required to stop at one
or more entrances thereto, the Director of Public Services shall
erect and maintain stop signs as follows:"
SECTION 58. Section 10.24.040 Subsection B of the San
Bernardino Municipal Code is amended to read:
"B. The Director of Public Services is authorized to
establish over an appropriate street or streets, and to designate
by appropriate signs, through traffic routes for the movement of
vehicles of two or more tons capacity designed for carrying
merchandise, freight or material. When any such through traffic
routes are established and designated by appropriate signs, the
operator of any vehicle mentioned in this section shall drive on
such route or routes, and none other, except when it is reasonably
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--.r:
I necessary. "
2 SECTION 59. Section 10.24.190 of the San Bernardino
3 Municipal Code is amended to read:
4 "A. Pursuant to the authority and restrictions of Vehicle
5 Code Sections 35701, et seq., no person shall operate or drive any
6 commercial vehicle upon the following streets, and the Director of
7 Public Services shall cause appropriate signs to be erected giving
8 notice thereof:
9 1. Palmyra Drive between Sierra Way and Sonora Drive;
10 2. Arlington Drive between Palmyra Drive and its
II terminus three hundred feet to the southeast;
12 3. Lugo Avenue between Palmyra Drive and Ralston
13 Avenue;
14 4. Thirty-ninth Street between Lugo Avenue and its
15 terminus two hundred ninety feet to the east;
16 5. Thirty-ninth Street between Palmyra Drive and Belle
17 Street;
18 6. Ralston Avenue between Waterman Avenue and Sonora
19 Drive;
20 7. Belle Street between Ralston Avenue and Thirty-ninth
21 Street;
22 8. Sonora Drive between Palmyra Drive and its terminus
23 two hundred sixty feet to the southeast.
24 B. Pursuant to the authority and restrictions of Vehicle
25 Code Sections 35701, et seq., no person shall operate or drive any
26 vehicle exceeding a maximum gross weight limit of six thousand
27 pounds upon the following streets, and the Director of Public
28 Services shall cause appropriate signs to be erected giving notice
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1 thereof:
2
1. Arrowhead Avenue between Marshall Boulevard and
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~endall
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5. San Bernardino Civic Plaza Access Loop."
Drive;
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2. Commercenter East;
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3. Commercenter West;
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4. Airport Drive;
7
8
SECTION 60. Section 10.24.200 Subsection F of the San
9 Bernardino Municipal Code is amended to read:
10
"F. The provisions of this section shall not relieve any
11 person from the duty to observe other and more restrictive
I
12 rovisions of the Vehicle Code or local ordinance or of any
13 special condition or regulation imposed by the Mayor and Common
14 Council, City Traffic Engineer, or Director of Public Services."
15
SECTION 61. Section 10.28.050 of the San Bernardino
16 Municipal Code is amended to read:
17
"10.28.050 Scramble system of traffic control.
18 The Common Council may by resolution establish at the
19 intersections of certain streets the "Scramble System" of traffic
20 ontrol for pedestrians, and the Director of Public Services is
21 uthorized and required to install and maintain the necessary
22 traffic controls, and/or signs at or near such intersections, and
23 the Director of Public Works is authorized and required to install
24 nd maintain the necessary traffic signals."
25
SECTION 62. Section 10.36.010 of the San Bernardino
26 unicipal Code is amended to read:
27
"10.36.010 Loading zones and bus stops to be painted or
28 arked.
35
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1 The City Engineer shall determine, and the Director of Public
2 Services shall mark, the location of all loading zones and bus
3 stops by causing the adjacent curb to be painted or marked
4 respectively yellow, white and red; that portion so marked yellow
5 shall be established as a loading zone, and the curb surface so
6 painted yellow shall have thereon in black letters the words
7 'loading zone', and such loading zone so located and marked shall
8 be used only as a place for the loading or unloading of passengers
9 or freight, subject to the limitations prescribed; that portion
10 painted white shall be established as a passenger loading zone,
11 and the curb surface painted white shall have thereon in black
12 letters the words 'passenger loading zone', and such passenger
13 loading zone so located and marked shall be used only as a place
14 for the loading or unloading of passengers; that portion painted
15 red shall have thereon in white letters the words 'bus stop', and
16 such bus stop so located and marked shall be used only as a place
17 for the loading and unloading of passengers, subject to the
18 limitations herein prescribed, and the City Engineer may
19 determine, and the Director of Public Services shall mark, the
20 location in front of and adjacent to hospitals, police stations
21 and theaters where it is unlawful to stop, stand or park a vehicle
22 by causing the adjacent curb to be painted or marked red."
23
SECTION 63. Section 10.36.020 of the San Bernardino
24 Municipal Code is amended to read:
25
"10.36.020 Authorization to establish crosswalks.
26 The City Engineer is authorized and required to establish
27 crosswalks, approximately equal in width to the adjacent sidewalk
28 at all intersections, or between intersections, where in his
36
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1 opinion there is a particular danger to pedestrians crossing the
2 roadway, and when so designated by the City Engineer, the Director
3 of Public Services shall designate the crosswalks upon the surface
4 of the roadway by white painted lines.
5
SECTION 64.
Section 10.44.010 of the San Bernardino
6
IMunicipal Code is
I
amended to read:
7
"10.44.010
Designated.
8 Any person violating any provision of this chapter or any
9 rule or regulation made by the Common Council by resolution or by
10 the City Engineer or Director of Public Services pursuant thereto
11 IShall be deemed guilty of a misdemeanor or, in accordance with
12 ISection 40000 and other sections of the Vehicle Code of the state,
13 'of an infraction, and upon conviction thereof shall be punished,
14 in the case of a misdemeanor, by a fine not exceeding fivechundred
15 dollars, or by imprisonment in the county jail not exceeding six
16 months, or by both such fine and imprisonment, or, in the case of
17 an infraction, as is prescribed in Section 42001 and other
18 sections of the Vehicle Code of the state."
19
SECTION 65. Section 10.52.060 of the San Bernardino
20 Municipal Code is amended to read:
21
"10.52.060 Erection of signs.
22 The Director of Public Services is ordered and directed to
23 erect and maintain or cause to be erected and maintained
24 appropriate signs giving notice of the prima facie speed limits
25 established in this chapter along such streets."
26
SECTION 66. Section 12.04.020 of the San Bernardino
27 Municipal Code is amended to read:
28
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1
I "12.04.020 Notice to disconnect or remove.
I
,
I Whenever the City Engineer or the Director of Public Services
Idetermines that it is reasonable and necessary that any property
I
Ilocated in or under any public street, or public place in this
,City, owned, maintained, or controlled by any person, be
,
'temporarily disconnected, and reconnected, or permanently moved,
2
3
4
5
6
7
relocated, or removed from any public street, or other public
8
place, in order that the City, or other governmental agency, or
9
instrumentality, may most economically, under modern engineering
10
and construction methods install, construct, build, or erect any
11
public improvement, or works in or under any public street, the
]2
City Engineer or the Director of Public Services shall give
13
written notice to the person owning, maintaining, or controlling
]4
such property, to move, relocate, or temporarily disconnect the
]5
same, as may be determined by the City Engineer or the Director of
16
Public Services."
]7
SECTION 67. Section 12.04.070 Subsection C Paragraph 1 of
]8 the San Bernardino Municipal Code is amended to read:
]9
"1. Making and filing a written application with the
20 Director of Public Services a minimum of twenty-four hours prior
21 to starting any excavation, except any person, or firm holding a
22 public utility franchise in the City may, for emergency purposes
23 only, make and file a written application during the next business
24 day following the making of such emergency cut or excavation;"
25
SECTION 68. Section 12.04.070 Subsection C Paragraph 2 of
26 the San Bernardino Municipal Code is amended to read:
"2. Receiving a written permit from the Director of Public
27
28 Services;"
38
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1
SECTION 69. Section 12.04.070 Subsection D of the San
2 Bernardino Municipal Code is amended to read:
3
I
Ithe
"D. Before issuing any permit provided for in this section,
4
Director of Public Services shall require that a written
5 application be made and filed with the Director of Public Services
6
Iwhich
I
I
1. Name and residence, or business address of
shall state:
7
8 applicant;
9
2. In detail, the proposed location and area in
10
lapproximate square feet of such excavation intended to be made
used;
and
11
12
3. A plat, in duplicate, on eleven-inch by seventeen-
13 inch sheet, using minimum scale of one hundred feet to the inch,
14 showing:
15
a. The location of proposed excavation;
16
b. The dimensions thereof;
17
c. Such other details as the Director of Public
18 Services may require to be shown on the plat.
19 No plats shall be required when excavations are made for
20 service connections, or for locating or repairing existing
21 underground installations."
22
SECTION 70. Section
[Bernardino Municipal Code
is amended to read:
12.04.070 Subsection G of the San
23
24
"G. The Director of Public Services may require such surveys
25
as may be deemed necessary to ensure full compliance with this
26
section."
27
SECTION 71. The first paragraph of Section 12.04.080
28 Subsection A of the San Bernardino Municipal Code is amended to
39
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1 read:
2 "A. When the application to excavate and the details shown
3 on the accompanying duplicate plats (when such plats are required)
4 comply with the terms of this chapter and the regulations of the
5 City, the application and duplicate plats may be approved by the
6 Director of Public Services. After such approval, the application
7 and one of the duplicate plats shall be filed in the office of the
8 Director of Public Services as a public record, together with
9 either a surety bond, as provided by Section 12.04.090, or a
10 special deposit to cover the cost of repairing and resurfacing the
11 public street, alley, or public place in accordance with the
12 following schedule of charges for replacement and repair of street
13 surface excavated or damaged. Such repair or resurfacing shall be
14 performed by the Director of Public Services or his authorized
15 agent."
16 SECTION 72. Section 12.04.080 Subsection D of the San
17 Bernardino Municipal Code is amended to read:
18 "D. For any prospect holes, fifteen cents each; provided,
19 however, that when the application for a permit to drill prospect
20 holes is filed by a utility company, the company may make
21 immediate repairs with its own crew at its own expense in
22 accordance with the requirements of the Director of Public
23 Services if permission is requested when the application for the
24 permit is filed. A minimum charge of one dollar shall be made for
25 the permit when the utility company requests and receives
26 permission to make its own repair to prospect holes."
27 SECTION 73. Section 12.04.090 Subsections A and B of the San
28 Bernardino Municipal Code are amended to read:
40
MC-344
23
24
25
26
27
28
"
1
"12.04.090 Security required.
2
A. Any person intending to make an excavation in any street
3 or sidewalk pursuant to a public works contract with the City of
4 San Bernardino shall file with the Director of Public Services a
5 good and sufficient surety bond, cash, or certificate of deposit
6
tin such amount as the Director of Public Services estimates
,determines to be necessary to cover the total costs of all
I
I .
Irequ1red excavations. The Director of Public Services may
!
idetermine the period of time during which the excavation could be
I
!reasonably delayed; provided, that in any event, the excavation
and
7
8
9
10
i
11 Ishall not be delayed for a period of more than two years from the
12 date of the permit without the approval of the Mayor and Common
13 Council.
14
B. On any such public works contract with the City of San
15 Bernardino, the Director of Public Services shall cause a written
16 itemized estimate of the costs of all excavations and the amount
17 of the required bond, cash or certificate of deposit to be given
18 to the owner or applicant desiring to make the excavations within
19 thirty days after issuance of the permit. All bonds filed with
20
the Director of Public Services pursuant to this subsection shall
21
be executed by companies classified as A or better in the Current
22
Best's Rating Guide."
SECTION 74.
The first paragraph of Section 12.04.100 of the
I
San Bernardino Municipal Code is amended to read:
"Upon receiving a written application, and one of the
duplicate plats, as required in Section 12.04.080, and either a
surety bond, cash, certificate of deposit, or agreement between
the Redevelopment Agency and the City as aforesaid, the Director
41
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MC-344
1 of Public Services may issue a street cutting permit, provided all
2 other requirements of this chapter are complied with:"
3 SECTION 75. Section 12.04.110 of the San Bernardino
4 Municipal Code is amended to read:
5 "12.04.110 Legal authority required prior to issuance of
6 permit.
7 The Director of Public Services shall not issue any permit
8 unless the applicant has legal authority to occupy, and use, for
9 the purpose mentioned in the application, the street, or sidewalk,
10 covered by the application."
11 SECTION 76. Section 12.04.120 of the San Bernardino
12 Municipal Code is amended to read:
13 "12.04.120 Exemption from bond requirement.
14 Notwithstanding any provision in this chapter to the
15 contrary, a contractor who has been awarded a competitive bid by
16 the City for a public project involving street excavation or
17 cutting shall not be required to file a bond or a special deposit
18 under Section 12.04.080 to cover the cost of repairing or
19 replacement of street surface excavated or damaged, provided that
20 his bid documents or contract require that he perform such street
21 repair or replacement as a part of the awarded project and that he
22 does so perform in a manner satisfactory to the Director of Public
23 Services and in accordance with each and every other provision of
24 this chapter."
25 SECTION 77. Section 12.04.130 Subsection B of the San
26 Bernardino Municipal Code is amended to read:
27 "B. The Director of Public Services may grant an extension
28 of time for a period not exceeding thirty days for the performance
42
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26
1
of such work, and the refilling of such excavation, whenever it is
2
Ideemed that good cause exists therefor."
I SECTION 78. Section 12.04.130 Subsection E of the San
'jlBernardino Municipal Code is amended to read:
"E. In the event any excavation is commenced or a pavement
3
4
5
6
[is cut under circumstances requiring a permit by this chapter
prior to the issuance of such permit, the Director of Public
7
8
Services shall immediately stop such excavation or cutting work
9
and require the payment of the amount of one hundred dollars or
10
the same amount as the special deposit required by Section
11 12.04.080, whichever is greater, before issuing a permit. Such
12 amount, but not more than four hundred fifty dollars thereof,
13 shall be a penalty which shall be forfeited to the City. This
14 penalty shall be supplemental and in addition to any other
15 penalty, obligation or right provided by law or this chapter,
16 including the payment to the City of the costs of all work done or
17 repairs made by it; provided, that the Director of Public Services
18 shall not require the payment of a penalty in the event he finds
19 that part of the excavation or cutting work of the project
20 occurred in the unincorporated area, that the excavation or
21 cutting work was not done knowingly in the City without a permit
22 and that, after notification, the excavation or cutting work in
23 the City immediately ceased and a permit was attained therefor."
SECTION 79. Section 12.04.140 of the San Bernardino
24
25 Municipal Code is amended to read:
"12.04.140 Charges made to governmental agencies.
27 In case any excavation has been made under the direction and
28 jurisdiction of any governmental agency of the City, county, state
43
">~,..:i''\i;t-,'' . -"'.,r,.
-- ......,.-. ---~
MC-344
I or federal government, all of the street surface excavated or
2 damaged by reason of such excavation shall be replaced by the
3 Director of Public Services, and charges therefor shall be levied
4 upon and paid by the governmental agency making such excavation."
5
SECTION 80. Section 12.04.150 Subsection C of the San
6 Bernardino Municipal Code is amended to read:
7
"C. Unless otherwise ordered by the Director of Public
8 Services, the earth in all tunnels shall be cut to a 'V' shape for
9 the full width of the trench, having the point of the 'V' at the
10 center of the top of the tunnel, and the slope of the 'v' making
11 an angle of not less than forty-five degrees with the horizontal."
12
SECTION 81. Section 12.04.160 Subsection E of the San
13 Bernardino Municipal Code is amended to read:
14
"E. In lieu of flooding, the Director of Public Services may
15 require the excavation to be backfilled in layers not less than
16 six inches, nor more than eighteen inches in depth. Each layer
17 will be moistened, and thoroughly tamped with suitable mechanical
18 equipment before the next layer is placed thereon."
19
SECTION 82. Section 12.04.170 of the San Bernardino
20 Municipal Code is amended to read:
21
"12.04.170 Maintenance of backfill.
22
A. The permittee shall maintain the surface of the backfill
23 satisfactory for traffic until the excavation and the temporary
24 surfacing have been accepted and approved by the Director of
25 Public Services; and the permittee shall save the City, its
26 officers, and employees from any and all injury, liability, cost,
27 and expense, which the City may suffer, sustain, incur, be put to,
28 payor layout, from any, every and all actions, suits,
44
r
MC-344
I proceedings, claims, and demands, which may be brought, made, or
2 filed against the City, its officers, or employees, arising out
3 of, or in any way connected with the operations covered by the
4 [permit, and until all excavation work has been completed to the
5 I satisfaction of, and accepted by the Director of Public Services.
6 B. The responsibility of the permittee to maintain the
7 surface of the backfill satisfactory for traffic shall be limited
8 to a period of thirty days after the temporary surfacing has been
9 placed by the permittee, and the Director of Public Services
10 'notified in writing of the completion of backfill and temporary
11 surfacing, except in those cases where the permittee is notified
12 in writing by the Director of Public Services, prior to the
13 expiration of the thirty-day period, that the work is
]4 unsatisfactory and defective.
15
C. The Director of Public Services is authorized to assign
16 necessary personnel to inspect during the excavation and
17 backfilling of street cuts and excavations, and charges for such
18 inspection are to be paid by the person, or firm, applying for,
19 and making such street cuts or excavations."
20
SECTION 83. Section 12.04.180 Subsection D Paragraph 3 of
21 the San Bernardino Municipal Code is amended to read:
22
"3. Such other additional warning signs, barricades,
23 temporary bridges, watchmen, or any of the foregoing as the
24 Director of Public Services may deem necessary, and order to be
25 installed, kept, and maintained at such places to safeguard the
26 . public.
27
a. The foregoing shall be maintained until the
28 excavation is entirely refilled and resurfaced to the satisfactio
45
,-
MC-344
~
1 of the Director of Public Services.
2
b. In the event additional barricades, warning signs,
3 lights, or any of the foregoing safety measures are not installed
4 by the permittee, when required by the Director of Public
5 Iservices, or if required by an emergency, the Director of Public
I
6 Services is authorized to install any, or all, of the
7
aforementioned warning signs, barricades, lights, bridges, etc.,
~and charge the permittee for such installation."
8
9
SECTION 84. Section 12.08.020 of the San Bernardino
10
11
12
13
encroachment permits subject to the rules and regulations set
14
forth in Sections 12.08.030 through 12.08.090 and payment of fees
15
as set forth in Section 12.08.030."
16
SECTION 85. Section 12.08.040 of the San Bernardino
17 Municipal Code is amended to read:
18
"12.08.040 Filing of application.
19
A. The application for such permit shall be filed with the
20 Director of Public Services at least forty-eight hours prior to
21 the requested encroachment, obstruction or closing.
22
B. Each permittee shall agree to and shall provide necessary
23 barricades and warning and safety devices and shall take other
24 necessary measures to protect life and property as a condition to
25 the issuance of such permit. The determination of necessary
protective measures shall be at the discretion of the Director of
26
27
Public Services."
28
SECTION 86. Section 12.08.060 Subsection A of the San
46
MC2.34:4
',if.'. ;'~:<
~,-
1 Bernardino Municipal Code is amended to read:
2 "A. No permit granted under this chapter shall be issued
3 unless and until the applicant has executed a good and sufficient
4 surety bond to the City in a sum designated by the Director of
5 Public Services reciting that the applicant shall hold the City
6 and its officers, employees and agents harmless from any and all
7 claims, costs, damages or expenses that the City or any of its
8 officers, employees or agents may become obligated to pay by
9 reason of the granting of such permit, the work to be performed or
10 the erection or maintenance of structures, equipment or appliances
11 for which the permit is granted. The Director of Public Services
12 may in his discretion waive the requirement of a bond."
13 SECTION 87. Section 12.08.080 of the San Bernardino
14 Municipal Code is amended to read:
15 "12.08.080 Exemptions from fees.
16 A. The Director of Public Services is authorized and
17 directed to issue permits without fee to the following: agencies
18 of the United States of America, the state, the county, and the
19 City, or any of their duly authorized commissions, departments,
20 agents or employees in pursuance of their governmental functions.
21 B. The Director of Public Services may also issue permits
22 without fee to nonprofit and charitable organizations upon waiver
23 of the permit fee by action of the Mayor and Common Council."
24 SECTION 88. The first paragraph of Section 12.08.090 of the
25 San Bernardino Municipal Code is amended to read:
26 "The Director of Public Services may issue emergency vehicle
27 I parking permits for the parking of emergency vehicles subject to
28 the following conditions:"
47
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MC-344
.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
~
SECTION 89. Section 12.08.090 Subsection B of the San
Bernardino Municipal Code is amended to read:
"B. The applicant for an emergency vehicle parking permit
shall submit a written application to the Director of Public
Services stating its name and address, the type of business, the
number of its business license, and the make and license number of
the vehicle for which the emergency vehicle parking permit is
desired together with the fee."
SECTION 90. Section 12.08.090 Subsection D of the San
Bernardino Municipal Code is amended to read:
"D. Holders of emergency vehicle parking permits may obtain
meter signs reading 'Reserved for Emergency Vehicles' by
depositing the sum of four dollars with the Director of Public
Services. Meter signs shall be returned to the office of the
Director of Public Services immediately and in good condition on
the expiration of the emergency vehicle parking permit. No refund
I
will be made for any sign damaged beyond repair. A claim must be
filed to obtain the return of the deposit."
SECTION 91. Section 12.08.090 Subsection E of the San
Bernardino Municipal Code is amended to read:
"E. Vehicles covered by emergency vehicle parking permits
shall be cited for metered parking violations in the same manner
as other vehicles. Any citations for metered parking violations
will be forwarded to the office of the Director of Public
Services, who shall attach a certification giving the number of
the emergency vehicle parking permit and forward the citation to
the Chief of Police who shall then void the citation."
SECTION 92. Section 12.08.100 of the San Bernardino
48
1_
MC-344
.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
.$'
.
unicipal Code is amended to read:
"12.08.100 Conference vehicle parking permits.
Notwithstanding any provision of this chapter to the
contrary, or other law to the contrary, the Director of Public
Services, with the prior approval of the Mayor and Common Council,
may issue conference vehicle parking permits without cost to
officers of a business, civic, religious, fraternal or charitable
organization sponsoring or conducting a conference or convention
in the City for the use of persons registered for such conference
or convention during the active sessions of the conference or
convention for a period not to exceed five days, and thereafter
any of such persons, upon the display of such permit upon the
windshield of his vehicle, may park free of charge at any time
limit parking area or space within an area of two blocks of the
meeting place or places of the conference or convention as
designated by the Director of Public Services."
SECTION 93. Section 12.12.020 of the San Bernardino
Municipal Code is amended to read:
"12.12.020 Use of insulated conduits required.
All telephone, telegraph or other wires used for the purpose
of conducting, carrying or transmitting telephonic or telegraphic
messages, sounds or signals, along or over the public streets of
the City within that portion of the City described in Section
12.12.030 shall on or before the first day of June, 1907, be
removed and placed underground in properly insulated conduits
constructed and built under the supervision of the Director of
Public Works of the City, and to the satisfaction of the Mayor and
Common Council."
49
MC-344 .
'3
.
.
1
SECTION 94. Section 12.12.040 of the San Bernardino
2 Municipal Code is amended to read:
3
"12.12.040 Erection of Poles - No permits issued.
4
The Director of Public Works of the City is directed to issue
5
no permits for the erection of poles for telephone or telegraph
6
wires within the district described in Section 12.12.030 and to
7
Iprevent the erection within said district of any more poles to be
lused for carrying or supporting of wire for the conducting or
I
[transmitting of electric messages, sounds or signals."
I
I
ithe San Bernardino /1unicipal Code is amended to read:
II
Public Services in the amount of one thousand dollarsl"
8
9
10
SECTION 95.
Section 12.32.050 Subsection A Paragraph 2 of
II
]2
"2.
Filing a faithful performance bond with the Director of
]3
14
SECTION 96. Section 12.32.050 Subsection B of the San
]5 Bernardino Municipal Code is amended to read:
]6
"B. A local nonprofit organization shall be exempted from
]7 the filing of a faithful performance bond upon the presentation of
]8 satisfactory evidence to the Director of Public Services that it
]9 is knowledgeable of the requirements for and capable of performing
20 the painting of house numbers on street curbs."
2]
SECTION 97. Section 12.32.060 of the San Bernardino
22 Municipal Code is amended to read:
23
"12.32.060 Size and color of house numbers.
24 The size and color of such house numbers shall comply with
25 the specifications on file in the office of the Director of Public
26 Services."
27
SECTION 98. Section 12.40.010 Subsection A of the San
28 Bernardino Municipal Code is amended to read:
50
,../'..'
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Ii'
.
1
"A.
'Director of Public Services' as used in this chapter
2 includes any authorized representative of such director."
3
SECTION 99. Section 12.40.040 of the San Bernardino
4 Municipal Code is amended to read:
5
"12.40.040 Petition of property owners for change in variety
,
I
lof
I
,
In the event a petition bearing the signatures of not less
6
trees.
7
8 than seventy-five percent of the property owners owning property
9 fronting upon any City street, sidewalk, parkway, lane, alley,
10
park or other public place which is one block long or more,
I requests a change in the variety of trees used for planting in the
, place referred in petition, the petition shall be granted
to the
11
12
13 by the Director of Public Services following consultation with the
J4 Director of Parks, Recreation and Community Services if the
15 variety requested for replacement or new planting is known and
16 established as a street tree and is not of a variety that may tend
17 to break sidewalks or curbs or is not objectionable as a street
18 tree for other reasons."
19
SECTION 100. Section 12.40.050 of the San Bernardino
20 Municipal Code is amended to read:
21
"12.40.050 Removal of City tree - Duty of Director of Public
22 Serv ices.
23 Upon receipt of a request for the removal of a City tree or
24 for a change in the type of tree designated in the master plan,
25 the Director of Public Services shall investigate and respond in
26 writing to the request, with a copy to the Council member of the
27 ward. The Director's decision shall be final unless an appeal to
28 the Mayor and Common Council is filed with the City Clerk
51
. ','.,
MC-344
~
.
. .
1 pursuant to the provisions of Chapter 2.64. "
2
SECTION 101. The first paragraph of Section 12.40.060 of the
3 San Bernardino Municipal Code is amended to read:
4 "The Director of Public Services is authorized to remove or
5 approve the removal of those trees which:"
6
SECTION 102. Section 12.40.070 of the San Bernardino
7 Municipal Code is amended to read:
8
"12.40.070 Permit required for cutting, trimming, etc.
9 It is unlawful for any person, persons or corporation to cut
10 down, trim, take up, remove, prune or injure any trees, shrubs,
11 palms or flowers that are now planted or grown on any of the
12 public streets, sidewalks, parkways, lanes, alleys, parks or other
13 public places of the City, except after procuring a permit from
14 the office of the Director of Public Services. A permit fee
15 established by resolution of the Mayor and Common Council shall be
16 collected, except that no fee shall be paid for any work required
17 by any City department or performed pursuant to a contract with
18 the City."
19
SECTION 103. Section 12.40.080 of the San Bernardino
20 Municipal Code is amended to read:
"12.40.080 Application for permit.
21
22 Any person desiring to procure a permit as specified in
23 Section 12.40.070 shall apply in writing to the Director of Public
24 Services, who may require a good and sufficient bond in such sum
25 as may be fixed by the Director, conditioned that the applicant
26 will pay the City all costs and damages resulting from the
27 removing, trimming, pruning of trees, shrubs or bushes, and the
28 Director may, in his discretion, require the furnishing of a bond
52
I
I
..1
,~':
MC-344
.
.
"
.
1 or policy of insurance to cover any and all claims for damages to
2 persons or property resulting from the removal, pruning or
3 Itrimming of trees, shrubs or bushes. The Director may establish
4 lother conditions to the permit for protection of persons and
5 property. "
6
I SECTION 104.
Municipal Code is
Section 12.40.090 of the San Bernardino
7
amended to read:
8
"12.40.090
Compliance with permit.
9 Upon the issuance of any permit, the applicant shall comply
10 with each condition of the permit and shall, at least eighteen
11 hours before commencing work, notify the Director of Public
12 Services to cause a field inspection to be made."
13
SECTION 105. Section 12.40.100 of the San Bernardino
14 Municipal Code is amended to read:
15
"12.40.100 Cost of removal of trees.
16 In the event of a request for the removal of trees by the
17 Director of Public Services under the provisions of Section
18 12.40.060, sixty days' notice shall be given on all trees except
19 palms, and thirty days' notice shall be given in the case of palm
20 trees, except where the trees constitute a hazard. There shall be
21 paid to the City by the person requesting removal a sum to
22 compensate for the reasonable cost of the removal of the tree or
23 trees, together with a reasonable sum to box, remove, replant and
24 conserve the tree or trees so removed, if applicable. Such sums
25 shall be fixed by the Director of Public Services and shall be
26 paid prior to removal."
27
SECTION 106. Section 12.40.120 of the San Bernardino
28 Municipal Code is amended to read:
53
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,
~
,
, I .
,
1
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~ot in the City to keep, permit, or maintain trees, hedges,
~hrubs, or any growth for a distance of thirty feet, measured
"12.40.120
Height of plants.
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A.
It is unlawful for the owner or occupant of any corner
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horizontally from the point of intersection of the property lines
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at street corners, whether between the curbline and the property
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line or within the private lot or premises, unless the trees,
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,shrubs, hedges, or other growth are trimmed so that the height of
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the same shall not exceed three feet above the level of the street
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rt the curb, except that trees with main stalks or trunks exposed
fO a height of eight feet above the street level need not be
I~rimmed or cut unless the trees are determined to constitute a
~raffic hazard by the Director of Public Services, whose decision
r~y be reviewed by the Traffic Safety Advisory Committee of the
f1ty upon written request.
. B. It is unlawful for any owner or occupant of any premises
kn the City to permit, keep, or maintain hedges, shrubs, or any
~rowth over two feet in height within a distance of six feet from
~he property line at any point adjacent to a driveway, except that
~rees with main stalks or trunks exposed to a height of eight feet
~bove the street level need not be trimmed or cut unless the trees
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~re determined to constitute a traffic hazard by the Director of
~ublic Services, whose decision may be reviewed by the Traffic
Safety Advisory Committee upon written request."
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SECTION 107. Section 12.40.130 of the San Bernardino
26 ~unicipal Code is amended to read:
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"12.40.130 Duty of property owner and abatement of nuisance.
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A. The owner or occupant described in Sections 12.40.110
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and 12.40.120 and other property owners fronting any street,
i sidewalk, parkway, lane, alley, park or other public place shall
water, keep, maintain and permit trees, hedges, shrubs or any
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lother growth located thereon in accordance with this chapter and
other ordinances of the City or rules and regulations of the
Director of Public Services.
B. Any tree, shrub or palm growing on any parkway or
sidewalk which is dam,~ged in violation of Section 12.40.110 or
any growth of any tree, shrub or hedge or other vegetation which
is in excess of the h.~ight limits set forth in Section 12.40.120,
unless otherwise permitted by the Traffic Safety Advisory
I Committee, is hereby declared a public nuisance, the removal of
'which is necessary to protect the health and safety of the City's
inhabitants. The Director of Public Services may find and declare
the same to be a public nuisance, may order abatement thereof in
accordance with the procedure set for the abatement pursuant to
Chapter 8.30, and may assess costs for the abatement pursuant to
Chapter 3.68 of this Code."
SECTION 108. Section 12.44.050 of the San Bernardino
Municipal Code is amended to read:
"12.44.050 Nuisance.
The existence of anything prohibited by Section 12.44.040 is
I a nuisance, and it shall be the duty of the marshal or any
policeman, or the Director of Public Services to immediately abate
such nuisance upon knowledge of its existence."
SECTION 109. Section 12.48.030 of the San Bernardino
Municipal Code is amended to read:
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notify any person maintaining any such bridge or crossing to have
Ithe same removed within ten days from the date of such notice and
to cut down the curb and slope the sidewalk so as to permit the
easy passage of vehicles, should any such passage be required for
Access to private property."
SECTION 110. Section 12.48.040 of the San Bernardino
~unicipal Code is amended to read:
"12.40.040 Duty to remove bridge.
Upon receiving such notice from the Director of Public
~ervices, it shall be the duty of the person receiving the same to
lat once comply with the provisions of Section 12.48.030."
SECTION Ill. Section 15.28.100 of the San Bernardino
Municipal Code is amended to read:
"15.28.100 Action of Director of Public Services in case of
failure to abate nuisance.
In the event the nuisance is not abated by the owner within
the time prescribed, the Director of Public Services is authorized
to raze, demolish and remove the building or to designate an
ndependent contractor to raze, demolish and remove such
;,uilding. "
SECTION 112. Section 15.28.110 of the San Bernardino
~unicipal Code is amended to read:
"15.28.110 Itemized statement of expenses.
The Director of Public Services shall maintain and keep an
~temized statement of all expenses involved in the razing,
emolishing and removing of such building and related
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administrative, incidental and overhead expenses of the City
I including, but not limited to, the costs of inspections of the
Ifproperty, eng ineering reviews and studies, costs of acquiring
Ititle information, costs of appraisals or expert opinions on
razing or salvaging buildings and structures, and items of expense
required to prepare the matter for hearing, whether or not such
hearing is held. The Director of Public Services shall forthwith
initiate proceedings under Chapter 3.68 for determination and
!collection of the
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!Municipal Code is
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assessment for costs of abatement."
SECTION 113.
Section 15.28.120 of the San Bernardino
amended to read:
"15.28.120
Noncompliance with order of Board.
If the order of the Board to reconstruct, repair, raze or
demolish has not been complied with within the time set by the
Board, the materials of any such building or structure may be sold
after notice in any manner which the Director of Public Services
may determine to be reasonable; provided, that such sale shall be
made upon condition that the wreckage and debris shall be removed
and the lot cleaned. Any money or proceeds from the sale of such
20 . building or structure and its materials shall first be used to pay
2] and/or reduce all costs incurred by the City as set forth
22 hereinabove, and thereafter, any surplus moneys remaining, if any,
23 after the satisfaction of all of the costs, shall be distributed
24 to the parties lawfully entitled thereto."
25 I HEREBY CERTIFY that the foregoing ordinance was duly
26 adopted by the Mayor and Common Council of the City of San
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Bernardino at a
regular
meeting thereof, held on
the
20th day of
February
, 1984, by the following vote,
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t[C- 341o
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to wit:
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AYES:
Council Members Castaneda, Reilly, Hernandez,
NAYS:
Marks, Quiel, Frazier, Strickler
None
ABSENT:
None
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/ Ci ty Clerk
, 1984.
The foregoing ordinance is hereby
of
February
Approved as to form:
~ ~v:c~
Clty Attorney
day
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