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. CITY OF SAN BER~~ARDINO - REQUEST COR COUNCIL ACTION
'From: James F. Penman
Dept: City Attorney
Date: August 29, 1991
Subject: AN ORDINANCE OF THE CITY OF SAN
BERNARDINO AMENDING CHAPTER 8.30 OF
THE SAN BERNARDINO MUNICIPAL CODE
RELATING TO THE ABATEMENT OF PROPERTY
NUISANCES AND STREAMLINING THE
a.nMTN"T~'T''Ql1'T'T'U14! P'DnrH'nnDH'C lUYD T TJ4tMC::::
Synopsis of Previous Council action:
AND SPECIAL ASSESSMENTS AND REPEALIN(
CHAPTER 8.33.
None.
Recommended motion:
waive further reading and layover for adoption.
~~~
../ Signature
Contact person:
Dennis A. Barlow
Phone:
384-5355
Supporting data attached:
Ward:
FUNDING REQUIREMENTS:
Amount:
Source: (Acct. No.!
(Acct. Description)
Finance:
Council Notes:
75.0262
.~-...2.
Agenda Item No. ,:2 _
. CITY OF SAN BE~RDINO - REQUEST OOR COUNCIL ACTION
STAFF REPORT
The current procedure for the abatement of public nuisance
generally requires hearings before the City's Board of Building
Commissioners. Although this process was set up because of the
special expertise of the Board members, it has proved somewhat
cumbersome because of the inherent delay in holding hearings before
this public body. The attached ordinance will allow a hearing
before the City Administrator's Office with a request to appeal to
the Mayor and Common Council as they can do now. This will greatly
expedite the process. In addition the Ordinance will consolidate
the process outlined in both Chapter 8.30 public nuisances, and
Chapter 8.33 public nuisances, making the process easier to
understand for the taxpayer and easier to administer for the City.
It is recommended that the Ordinance be adopted.
75.0264
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ORDINANCE NO.
AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTER
8.30 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO THE
ABATEMENT OF PROPERTY NUISANCES AND STREAMLINING THE
ADMINISTRATIVE PROCEDURES FOR LIENS AND SPECIAL ASSESSMENTS AND
REPEALING CHAPTER 8.33.
THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO
DO ORDAIN AS FOLLOWS:
SECTION 1.
Chapter S.30 of the San Bernardino Municipal
Code is hereby amended to read as follows:
"S.30.010 Definitions.
A 'public nuisance' means anything constituting a hazard to
life or property as defined in Sections 3479 and 34S0 of the Civil
Code, Section 370 of the Penal Code, Section 7004 of Chapter 70 of
the latest edition of the Uniform Building Code, Section 302 of
Chapter 3 of the latest edition of the Uniform Code for the
Abatement of Dangerous Buildings, or anything defined as a public
nuisance by any other Ordinance of the City or law of the State or
by any court of competent jurisdiction, or which is a public
nuisance under the common law or subject to abatement under the
pOlice powers of a municipality; or anything which is dangerous or
hazardous to human life or property or which, in relation to an
existing use, constitutes a hazard to safety, health or public
welfare by whatever cause occurring, including acts of God or
nature.
Public nuisances include, but are not limited to, the
following:
A. Buildings which are abandoned, partially destroyed, or
permitted to remain unreasonably in a state of partial
construction;
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B. Unpainted buildings causing dry rot, warping and
termite infestation;
C. OVergrown trees and other vegetation causing detriment
to neighboring properties or property values;
D. Dead, decayed, diseased or hazardous trees, weeds, and
other vegetation or exterior landscaping constituting an unsightly
appearance, or dangerous to public safety and welfare, or
detrimental to nearby property or property values;
E. Inoperable or abandoned motor vehicles except as
permitted by Chapter 8.36;
F. Garbage and refuse cans stored in outside areas for an
unreasonable period of time and visible from public streets,
except as permitted by the Director of Public Services;
G. Packing boxes and other debris stored in outside areas
for unreasonable periods of time and visible from public streets,
or causing detriment to neighboring properties;
H. Broken windows constituting unsightly or hazardous
conditions;
I. Property on which the topography or configuration,
whether in a natural state or as a result of grading operations,
causes or will cause erosion, subsidence or surface water runoff
problems which will or may be injurious to the public health,
safety and welfare or to adjacent or nearby properties;
J. The emission of noise of such loud, unusual,
unnecessary, penetrating, raucous or boisterous nature as to
unreasonably disturb, annoy, injure, interfere with or endanger
the comfort, repose, health, peace, safety or welfare of adjacent
,
property owners or occupiers of normal sensitivity;
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K. Property maintained in such condition as to become so
defective, unsightly, or in such condition of deterioration or
disrepair that the same causes appreciable diminution of the
property values of surrounding properties or is materially
detrimental to proximal properties and improvements. This
includes, but is not limited to, the keeping or disposing of, or
the scattering over the property or premises, including sidewalks,
of any of the following:
(1) Lumber, junk, trash or debris;
(2) Abandoned, discarded, or unused objects or
equipment such as automobiles, automobile parts, trailers,
campers, boats and buses, and similar objects or equipment;
(3) Any device, decoration, design, fence, structure,
or vegetation which is unsightly by reason of its condition or its
inappropriate location;
(4) Wood or paper signs in deteriorating condition;
(5) Any wall, fence or hedge;
L. Maintenance of premises so out of harmony or conformity
with the maintenance standards of adjacent properties as to cause
substantial diminution of the enjoyment, use, or property values
of such adjacent properties;
M. Property maintained (in relation to others) so as to
establish a prevalence of depreciated values, impaired
investments, and social and economic maladjustments to such an
extent that the capacity to pay taxes is reduced, and tax receipts
from such particular area are inadequate for the cost of public
services rendered therein;
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N. Any premises which are painted in an extremely vivid
and garish manner or which contain signs of such size or quantity
or which depict persons, things, or acts in such a manner as to be
unreasonable or unnecessarily injurious and detrimental to other
properties and improvements in the vicinity or which contain
election campaign posters and billboards or signs, billboards or
placards advertising a circus, carnival, sporting or similar event
and which remain forty-five (45) days after such election or event
has concluded;
O. Any vacant commercial or industrial property on which
are located signs related to uses no longer conducted or products
no longer sold on the premises, provided that outdoor advertising
displays which are located in permitted zoning districts or which
are otherwise legally permitted are excepted herefrom;
P. Automobile service stations, and the buildings and
premises thereof, that have been vacant or abandoned for a period
in excess of one hundred and eighty (180) consecutive days without
being reestablished and which have been maintained in such a
condition as to become so defective, unsightly, or in such a
condition of deterioration or disrepair that the same cause
appreciable diminution of the property values of surrounding
properties, or are materially and economically detrimental to the
neighboring properties and improvements.
Q. Underground or aboveground storage vessels or tanks
that have remained for more than six (6) months after the use of
such tanks or vessels ceases;
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R. Property which has an overgrowth of vegetation or the
accumulation of debris so as to constitute a fire hazard or likely
habitat for vermin; or,
S. Property on which hazardous substances, as defined by
applicable state or federal laws or regulations, are stored,
discharged, held, handled, maintained or used:
(1) In violation of federal, state or local laws or
regulations; or,
(2) In such a manner to affect in any way air or water
quality; or,
(3) In such a manner as to create an identifiable risk
or accidental release of substances, which release might adversely
affect the health or safety of persons, damage property, or
adversely affect air or water quality; or,
T. Animals, reptiles or insects kept in such a manner as
to pose a threat, disturbance, danger or menace to persons or
property of another or in a public right-of-way;
U. Machinery operated or maintained in such a way by
reason of its dust, exhaust or fumes creates a health or safety
hazard;
V. Any building, structure or property which has been
constructed or is maintained in violation of any specific
requirement or prohibition applicable to the building or
structure, including the Uniform Code for the Abatement of
Dangerous Buildings, or property, contained in the building
regulations of this City, or any law or any Ordinance of the City
or state relating to the condition, location, maintenance or
construction of buildings and property.
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8.030.020 Abatement.
Allor any part of any real property, or structure located
thereon, found as provided in this Chapter to constitute a public
nuisance, may be abated by the procedures set forth in this
Chapter or may be abated as provided in the Uniform Code for the
Abatement of Dangerous Buildings or in any o~her manner provided
by law. Said procedures shall not in any manner, however, limit
or restrict the City from enforcing other City Ordinances.
8.30.030 Commencement of Proceedings.
Whenever the Director of Planning and Building Services or
the Director of Public Services (both hereinafter called
Director) or their designated representative (hereinafter called
City Officer) reasonably believes a nuisance exists, helshe shall
commence abatement proceedings.
8.30.040 Notice of Hearing.
A. Where the City Officer finds that the nuisance exists,
helshe shall give not less than ten (10) days written Notice of
the Hearing to Determine Whether a Nuisance Exists to the owners
of affected properties and to any lien, mortgage, or trust deed
holder or lessee, as ascertained from title company records or as
known to the City Officer by mailing the same by certified mail to
the owner's/owners' address(es) as indicated thereon, and,
further, by conspicuously posting on the affected premises a copy
of the Notice.
B. The Notice shall indicate the nature of the alleged
nuisance, the description of the property involved, and the
designation of the time and place of the hearing to de~ermine
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whether the same constitutes a nuisance, and the manner of its
proposed abatement if the same is found to be a nuisance.
C. The failure of any person to receive the Notice shall
not affect the validity of any proceedings under this Chapter.
8.30.050 Conduct of Hearing.
The hearing to determine whether a nuisance exists shall be
conducted by the City Administrator or his or her duly authorized
representative, who shall act as the hearing officer. At the
hearing, the City Administrator or his or her duly authorized
representative shall consider all relevant evidence, including,
but not limited to, applicable staff reports. He or she shall
give any interested person a reasonable opportunity to be heard in
conjunction therewith. Based upon the evidence so presented, the
City Administrator or .his or her duly authorized representative
shall determine whether a nuisance wi thin the meaning of this
Chapter exists. The hearing shall not be conducted according to
formal rules of evidence or procedure but shall be conducted in a
manner generally complying with the Administrative Procedure Act
at Government Code Section 11370, et seq.
8.30.060 Order of Abatement.
A. The decision of the City Administrator or his or her
duly authorized representative shall be final and conclusive in
the absence of an appeal as provided in this Chapter.
B. The City Administrator or his or her duly authorized
representative shall, within ten working days after the conclusion
of the hearing, give written notice of his or her decision to the
owner and to any other person requesting the same. The notice
shall contain an order of abatement, if a nuisance is determined
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to exist, directed to the owner of the affected property and if
known, to the person in the control andlor charge of the property,
and shall set forth the nature of the nuisance, its location and
the time and manner for its abatement.
C. Where an appeal is filed as provided in this Chapter,
the order of abatement shall be suspended pending the review of
the determination in the manner set forth in this Chapter.
S. 30.070 Appeal.
A. The owner or any person in possession of the property
or claiming any legal or equitable interest therein shall have the
right of appeal to the City Council.
B. The appeal shall be filed with the City Clerk within
ten (10) days following the mailing of the decision of the City
Administrator and shall include the payment of all applicable
appeal fees. The appeal shall be in writing and shall set forth
(a) the specific action appealed from, (b) the specific grounds
for the appeal, and, (c) the relief or action sought from the
Common Council. In the event any notice of appeal fails to set
forth all information required by this Section, the City Clerk
shall return the same to the appellant with a statement of the
respects in which is deficient, and the appellant shall thereafter
be allowed ten (10) days after the City Clerk mailed the return in
which to perfect and refile his or her notice of appeal.
C. The City Clerk shall set the manner for a hearing
before the Council at a date and time not less than ten (10) nor
more than thirty (30) days following the filing of the appeal.
The City Clerk shall then notify the appellant, by mail, of the
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date and time of the hearing. The City Council may continue the
hearing date when necessary.
D. The Council may, by Resolution, establish a fee for the
processing of an appeal.
8.30.080 Council Action.
A. At the time and place set for such hearing, the City
Council shall review the decision of the City Administrator or his
or her duly authorized representative and shall afford the
appellant a reasonable opportunity to be heard in connection
therewith.
B. The Council may, by Resolution, establish rules of
procedure for the conduct of hearing appeals. The Council may
delegate final decision making authority to a hearing officer,
Council sub-committee, or commission.
C. If the City Council (or final decision-making
authority) finds from the relevant evidence presented at the
hearing that the action taken was in conformity with the
provisions of the Code, it shall require compliance with the order
of abatement within thirty (30) days after the mailing of a copy
of its order to the affected property owner unless a period of
time in excess of thirty (30) days is specifically authorized
within which to abate the nuisance.
D. If the nuisance is not abated within the thirty (30)
day period or wi thin such longer period as the Council may
provide, the Director is expressly authorized and directed to
enter upon the premises or to hire a contractor for the purpose of
abating the nuisance.
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8.30.090 Notice of Final Councilor Hearing Authority
Decision.
A copy of the Council's order shall be mailed to the owner
,
and to any other person requesting the same, by the City Clerk
within five working days after the adoption thereof. The
Council's decision shall be final and conclusive. Pursuant to
Code of Civil Procedure Section 1094.6, any action to review the
decision of the Council shall be commenced not later than the
ninetieth day after the date the Council'S order is adopted.
8.30.100 Recordation.
In addition to the notice provided for in Section 8.30.090,
any order of abatement not appealed from, or if appealed, when
final following appeal, shall be recorded with the County
recorder. When the nuisance is abated a release shall then be
recorded.
8.30.110 Cost of Abatement.
Where the Director is required to cause the abatement of a
public nuisance pursuant to the provisions of this chapter, he or
she shall keep an accounting of the cost thereof, including
administrative expenses for the abatement. The term
"administrative expenses" includes but is not limited to the
actual expenses and costs of the City in the preparation of
notices, specifications and contracts, inspection of the work,
office overhead, filing fees, and the costs of printing and
mailings required under this chapter. Upon conclusion of the
abatement, he or she shall submit his or her itemized statement of
costs in a Report to the City Administrator and set the same for
a hearing before the City Administrator. The Director shall cause
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notice of the time and place of the hearing and a copy of the
Report to be given to the owners of the property to which the same
relate, and to any other interested person requesting the same, by
certified mail, postage prepaid, addressed to the person at his or
her last-known address at least five days in advance of the
hearing.
8.30.120 Report - Hearing and proceedings.
At the time and place fixed for receiving and considering
the Report, the City Administrator shall hear and pass upon the
Report of the Director together with any objections or protests
raised by any of the persons liable to be assessed for the cost of
abating the nuisance. Thereupon, the City Administrator shall
make such revision, correction and modification to the Report as
he or she may deem just, after which the Report is submitted, or
as revised, corrected or modified shall be confirmed. The hearing
may be continued from time to time. The decision of the City
Administrator shall be subject to an appeal to the City Council in
the time and manner set forth in Sections 8.30.070 and 8.30.080.
8.30.130 Assessment of Costs Against Property.
The confirmed cost of abatement of a nuisance upon any lot
or parcel of land shall constitute a special assessment against
the respective lot or parcel of land to which it relates; and,
after its recording, as thus made and confirmed, the same shall
constitute a lien on the property in the amount of the assessment.
After the confirmation of the Report, a copy thereof shall be
transmitted to the City Clerk's Office, whereupon it shall be the
duty of the Lien Coordinator to total the amounts of the
assessment, or assessments, and cause them to be added to the next
DAB/ses/Nuisance.ord 11 August 29, 1991
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1 regular bills of taxes levied against the respective lots and
2 parcels of land for municipal purposes; and thereafter the amounts
3 shall be collected at the same time and in the same manner as
4 ordinary property taxes are collected, and shall be subject to the
5 same penalties and the same procedure for foreclosure and sale in
6 case of delinquency as provided for ordinary property taxes.
7 8.30.140 Alternates.
8 Nothing in this chapter shall be deemed to prevent the City
9 Attorney from commencing a civil action to abate a nuisance in
10 addition to, alternatively to, or in conjunction with the
11 proceedings set forth in this chapter; nor shall anything in this
12 chapter be deemed to prevent the city from commencing a criminal
13 action with respect to the nuisance in addition to, alternatively
14 to, or in conjunction with the proceedings set forth in this
15 chapter, or other ordinance, statute or state law.
16 8.30.150 Emergency Abatement.
17 A. Not withstanding any other provision of this chapter
18 with reference to the abatement of public nuisance, whenever the
19 Director of Planning and Building Services, Fire Chief, City
20 Engineer, Director of Public Services or a duly authorized
21 representative determines that property, a building or structure
22 is structurally unsafe, or constitutes a fire hazard, or endangers
23 the life, health, property or safety of the public or its
24 occupants, and such condition constitutes an immediate hazard or
25 danger, he or she shall, without observing the provisions of this
26 chapter with reference to abatement procedures, immediately and
27 forthwith abate the existing public nuisance.
28 B. The expense of the abatement shall be itemized and
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1 after a hearing, notice of which is given in substantial
2 compliance with Section 8.30.040, relating to the emergency nature
3 of the abatement and the expenses incurred constitute a special
4 assessment and lien against the abated parcel as set forth in
5 Sections 8.30.110, 8.30.120 and 8.30.130.
6 8.30.160 Violation - Penalty.
7 A. The owner or other person having charge or control of
8 any such buildings or premises who maintains any public nuisance
9 defined in this chapter, or who violates an order of abatement
10 made pursuant to Section 8.30.060 is guilty of a misdemeanor.
11 B. Any occupant or lessee in possession of any building or
12 structure contrary to an order given as provided in this chapter
13 is guilty of a misdemeanor.
14 C. No person shall obstruct, impede or interfere with any
15 representative of the city or with any representative of a city
16 department or with any person who owns or hOlds any estate or
17 interest in a building which has been ordered to be vacated,
18 repaired, rehabilitated or demolished and removed, or with any
19 person to whom any such building has been lawfully sold pursuant
20 to the provisions of this code whenever any such representative of
21 the City Council, representative of the city, purchaser or person
22 having any interest or estate in the building is engaged in
23 vacating, repairing, rehabilitating or demolishing and removing
24 any such building pursuant to the provisions of this chapter, or
25 in performing any necessary act preliminary to or incidental to
26 such work as authorized or directed pursuant to this chapter."
27 SECTION 2. Chapter 8.33 of the San Bernardino, Municipal
28 Code is hereby repealed.
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1 AN ORDINANCE... RELATING TO THE ABATEMENT OF PROPERTY
NUISANCES AND STREAMLINING THE ADMINISTRATIVE PROCEDURES...
I HEREBY CERTIFY that the foregoing ordinance was duly
adopted by the Mayor and Common Council of the City of San
Bernardino at a
day of
meeting there~f, held on the
, 1991, by the following vote, to wit:
Council Members:
AYES
NAYS
ABSTAIN ABSENT
ESTRADA
REILLY
HERNANDEZ
MAUDSLEY
MINOR
POPE-LUDLAM
MILLER
City Clerk
The foregoing ordinance is hereby approved this
day
of
, 1991.
W. R. Holcomb, Mayor
City of San Bernardino
Approved as to form
and legal content:
JAMES F. PENMAN,
City Attorney
n ~
By: ~,:.-.? --1. :;~
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