HomeMy WebLinkAboutMC-279U
~>
~
1
ORDINANCE NO.
MC-279
2 ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTION
8.18.080 OF THE SAN BERNARDINO MUNICIPAL CODE TO PROVIDE THAT
3 URGENT PUBLIC NUISANCES SHALL BE ABATED BY THE FIRE CHIEF OR HIS
DESIGNATED REPRESENTATIVE AFTER A GOOD FAITH EFFORT TO GIVE NOTICE
4 TO THE OWNER OR OCCUPANT OF THE PREMISES; AND DECLARING THE
URGENCY THEREOF.
5
THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO DO
6 ORDAIN AS FOLLOWS:
7
SECTION 1. Section 8.18.080 of the San Bernardino Municipal
8 Code is amended to read:
9
"8.18.080 Urgent public nuisance - Notice to property owner.
10 If the Fire Chief of the City or his designated
11 representative determines that a nuisance consisting of any or all
12 matter referred to in Section 8.18.010 constitutes an urgent
13 public nuisance, he shall notify the owner or occupant of the lot
14 or premises to abate the same, and if the nuisance is not abated
15 within forty-eight hours after service or posting of notice and
16 no appeal to the Fire Chief is pending, then the Fire Chief or his
17 designated representative shall cause the lot or premises to be
18 cleared of all such matter and the nuisance to be abated, and the
19 expense of such clearing shall be a lien on the lot.
20 The notice given shall state that the finding of an urgent
21 nuisance may be appealed to the Fire Chief within forty-eight
22 hours of receipt. If abatement is ordered upon appeal to the
23 Fire Chief, the abatement shall be completed within forty-eight
24 hours of the decision. In any case, the Fire Chief may extend the
25 time within which the nuisance is to be abated if abatement cannot
26 be completed within forty-eight hours.
27 The notice required under this section shall be in writing
28 and shall be delivered to the owner at the address appearing in
~
M~279
~
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
records of a title company or as may be known, except if the owner
cannot be located after a reasonable, good faith effort, then
notice may be delivered to the occupant of the premises or
conspicuously posted on such lot or premises. If the owner does
not reside within the City of San Bernardino, the notice of
nuisance may be sent by special delivery mail, and shall be
effective twenty-four hours after mailing. Actual notice by
telephone, supplemented by mailing, shall be effective as of the
time of the telephoned notice.
The procedures to be followed with respect to the assessment
of the expenses of abatement shall be the same as those set forth
in Section 8.18.060 and Chapter 3.68.
'Urgent public nuisance' as employed in this section means a
condition of property which is a menace to public health or safety
or constitutes a fire hazard under conditions which would be
judicially determined to be a nuisance per se or a nuisance in
fact, or where the destruction or removal of the objectionable
items is reasonably necessary under the circumstances to prevent
immediate harm to the public."
SECTION 2. This ordinance is an urgency measure, which shall
take effect and become operative upon its adoption and approval.
The facts constituting such urgency are that the City is
presently subject to climatic conditions which give rise to fire
emergencies, and there are numerous untended, dilapidated
properties within the City, estimated to be as many as one
thousand parcels of land, where conditions of an urgent nuisance
might develop.
I HEREBY CERTIFY that the foregoing ordinance was duly
-2-
.. ~C~79
.
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
i'
. .
adopted by the Mayor and Common Council of the City of San
Bernardino at a
regular
the 20th
day of
June
to wi t:
AYES:
Council Members
meeting thereof, held on
, 1983, by the following vote,
Frazier, St~ickler
Castaneda. ReiJlv. Marks. (1uip.l.
NAYS:
Council Member Hernandez
The foregoing ordinance is hereby
:1
~/~~ , 1983.
,;t
ABSENT:
None
of
Approved as to form:
~~o
~
City ttorney
~};I)d/atfh
City Clerk
day
-3-