Loading...
HomeMy WebLinkAboutMC-239 .. 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 - ORDINANCE NO. \'""".,.~, 3 G ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTER 8.27 CF THE SAN BERNARDINO MUNICIPAL CODE TO DECLARE DISEASED TREES, DEAD OR DRY PALM FRONDS AND FENCES IN DISREPAIR PUBLIC NUISANCES; AUTHORIZE THE PUBLIC SERVICES SUPERINTENDENT TO NOTIFY O\~ERS THAT WEEDS ADJOINING FENCES INCREASE THE FIRE HAZARD; AND TO REQUIRE NOTICE TO OWNERS AS MAY APPEAR IN THE LATEST RECORDS OF A TITLE COMPANY OR THE TAX ROLLS. THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO DO ORDAIN AS FOLLOWS: SECTION 1. Section 8.27.010 Subsection A of the San Bernardino Municipal Code is amended to read: "A. The existence of weeds, dry vegetation of any type, dead or diseased trees, dead or dry palm fronds, fences in dis- repair or broken, rubbish, refuse, and dirt upon streets, road sides, sidewalks, parkways between sidewalks and curbs, along fences, vacant lots, easements or other property is hereby declare a public nuisance, and the periodic removal thereof is necessary to protect the health and safety of the inhabitants of the City." , SECTION 2. Section 8.27.030 Subsection A of the San Bernardino Municipal Code is amended to read: "A. Whenever any of the public nuisances described or mentioned in Section 8.27.010 exist in the City, the Public Ser- vices Superintendent may find and declare the same to be a public nuisance under the provisions of this chapter and may order the abatement of such public nuisance as hereinafter provided. The Public Services superintendent may further find and declare that weeds and vegetation on specified parcels of property are seasonal and recurrent nuisances and order the periodic abatement of such nuisances as hereinafter provided, and may further find that weeds and other matters constituting public nuisances along and near / J" "'MC-239 1 2 3 4 5 6 7 8 9 ]0 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 dead trees and fences increase the fire hazard and may notify the owner of such condition in order that remedial action can be undertaken. " SECTION 3. Section 8.27.040 Subsection A of the San Ber- nardino Municipal Code is amended to read: "A. When the Public Services Superintendent finds a nuisance to exist, he shall cause a 'Notice to Clean Premises' to be given in regard to all property on which, or abutting that property on which, the nuisance exists. A notice shall be mailed to each property owner as their names and addresses appear in the latest records of a title company or the tax assessment rolls of the County or as may be otherwise known. In addition to the date and a description of the property by street designation and any other information deemed appropriate by the Public Services Superintendent, the contents of the notice shall be in substantially the following form: 'NOTICE IS HEREBY GIVEN pursuant to Section 8.27.040 of the San Bernardino Municipal Code that the Public Services Superintendent of the City of San Bernardino has determined that a nuisance exists on or abutting the property described in this Notice or on the parkway thereof. The nuisance consists of one or more of the following: weeds, sage brush chaparral, brush, dry vegetation or vegetation which attains such extensive growth as to become a fire menace when dry, poison oak or ivy or other plants which are noxious or dangerous, dry grass, stubble, brush, dead wood, dead or dis eased trees, dead or dry palm fronds, fences in disrepair or broken, litter, flammable material which creates a fire hazar -2- empty containers, abandoned asphalt or concrete, rubble or waste materials. You must abate or remove this nuisance; otherwise, it will be removed and abated by the City of San Bernardino, in which case the cost of such removal shall be assessed upon the property from which, or abutting the property from which, said nuisance is removed, and such costs will constitute a tax lien upon such lots or land until paid. Any person objecting to this determination of a nuisance or the proposed removal and abatement of said nuisance shall file a written protest with the City Clerk not later than 10 days from the date of this notice. The City Clerk shall transmit such protest promptly to the Board of Building Commissioners of San Bernardino. NOTICE IS FURTHER GIVEN that said protest shall be heard before the Board of Building Commissioners in the Council Chambers at City Hall, 300 North "D" Street, San Bernardino, California, on the first Friday of the next month after the date of this notice at 9:00 o'clock in the morning. If a timely protest has been filed, you or your agent may appear at said hearing and be heard and may present and hear evidence concerning the proposed abatanent.'" SECTION 4. Section 8.27.050 of the San Bernardino Municipal Code is amended to read: "A. Whenever the Public Services Superintendent has deter- mined that weeds, dead or dry palm fronds or other dry vegetation of any type on specified parcels of property are seasonal or re- current nuisances, the notice provided for in Section 8.27.040 -3- . shall have this additional language added to the first paragraph of the notice: 'The Public Services Superintendent has also determined that the property described in this Notice supports the growth of weeds, dead or dry palm fronds and dry grass which are seasonal and recurrent nuisances that must also be re- moved and abated hereafter from time to time. N0tice of a regrowth of this nuisance during this calendar year will be given by postcard only without further hearing. Failure to abate such recurring conditions will result in the City abating such nuisance, in which case the cost of such removal shall constitute a tax lien upon the property described in this Notice until paid. The efficient and economical control of such seasonal and recurrent nuisances may require preventative chemical control of such weeds, weed seeds and weed seedlings, and the City may require preventative chemical control of such nuisance. ' B. After such seasonal and recurrent nuisance has been abated once and the nuisance recurs in the same calendar year, the Public Services Superintendent shall cause a postcard notice to be mailed to the property owners as their names and addresses appear in the latest records of a title company or the tax assessment rolls of the County or as may be known to the Public Services Superintendent. The notice shall show the property address to which the notice relates and the contents of the post- card notice shall be in substantially the following form: 'NOTICE OF REGROWTH A 'NOTICE TO CLEAN PREMISES' was previously mailed to you -4- -. declaring a nuisance on the above property. That notice, which required removal or abatement of such nuisance, also declared that substantial regOC'owth must be abated. The above property was recently inspected and the removal of the following items is required at this time: You are hereby urged to perform the abatement work indicated within ten days from the date of this Notice. If the property is not cleaned and the nuisance abated within that time, the City will have the work done to abate the nuisance and will assess the cost thereof as a tax lien against the property. '" I HEREBY CERTIFY that the foregoing ordinance was duly adopted by the Mayor and Common Council of the City of San Bernardino at a reg1.2]ar meeting thereof, held on the 20th day of December , 1982, by the following vote, to wit: AYES: Council Members "a st:a:-lecl a , Feilly, Fernanclez, ~1arks 1 :~(uie 1.; Hobbs, S t.r ick. ~_er NAYS: None ABSENT: none ~//~<f~~/ /C~ty C erk The foregoing ordinance is this=:/~.:2f- day / of ,<t.<Ce4/c dcv ~ved as to form: <0 ~ jl"~?I1'<,~, ity At orney -5-