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HomeMy WebLinkAbout24-City Attorney : 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 o o 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 8.30 of the San Bernardino Municipal Code is hereby amended to read as follows: "8.30.010 Definitions. A 'public nuisance' means anything constituting a hazard to life or property as defined in Sections 3479 and 3480 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; III DAB/ses/Nuisanc2.ord September 3, 1991 1 2.1/ 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 o o B. Unpainted buildings causing dry rot, warping, termite infestation or unsightly appearance; 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; DAB/ses/Nuisanc2.ord 2 September 3, 1991 .' 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 ~ o o 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; III DAB/ses/Nuisanc2.ord 3 September 3, 1991 , 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 _ u o 0 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 condi tion 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; III III DAB/ses/Nuisanc2.ord 4 September 3, 1991 - .111 o 0 . . 1 R. Property which has an overgrowth of vegetation or the 2 accumulation of debris so as to constitute a fire hazard or likely 3 habitat for vermin; or, 4 s. Property on which hazardous substances, as defined by 5 applicable state or federal laws or regulations, are stored, 6 discharged, held, handled, maintained or used: 7 (1) In violation of federal, state or local laws or 8 regulations; or, 9 (2) In such a manner to affect in any way air or water 10 quality; or, 11 (3) In such a manner as to create an identifiable risk 12 or accidental release of substances, which release might adversely 13 affect the health or safety of persons, damage property, or 14 adversely affect air or water quality; or, 15 T. Animals, reptiles or insects kept in such a manner as 16 to pose a threat, disturbance, danger or menace to persons or 17 property of another or in a public right-of-way; 18 U. Machinery operated or maintained in such a way by 19 reason of its dust, exhaust or fumes creates a health or safety 20 hazard; 21 V. Any building, structure or property which has been 22 constructed or is maintained in violation of any specific 23 requirement or prohibition applicable to the building or 24 structure, including the Uniform Code for the Abatement of 25 Dangerous Buildings, or property, contained in the building 26 regulations of this City, or any law or any Ordinance of the City 27 or State relating to the condition, location, maintenance or 28 construction of buildings and property. DAB/ses/Nuisanc2.ord 5 September 3, 1991 : 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 .;! o o W. Graffiti. 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 other 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, he/she shall commence abatement proceedings. 8.30.040 Notice of Hearing. A. Where the City Officer finds that the nuisance exists, he/she 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 determine DAB/ses/Nuisanc2.ord 6 September 3, 1991 .. 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 . o o 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 DAB/ses/Nuisanc2.ord 7 September 3, 1991 WII J.. o 0 .' 1 to exist, directed to the owner of the affected property and if 2 known, to the person in the control and/or charge of the property, 3 and shall set forth the nature of the nuisance, its location and 4 the time and manner for its abatement. 5 c. Where an appeal is filed as provided in this Chapter, 6 the order of abatement shall be suspended pending the review of 7 the determination in the manner set forth in this Chapter. 8 8.30.070 Appeal. 9 A. The owner or any person in possession of the property 10 or claiming any legal or equitable interest therein shall have the 11 right of appeal to the Board of Building Commissioners. 12 B. The appeal shall be filed with the City Clerk within 13 ten (10) days following the mailing of the decision of the City 14 Administrator and shall include the payment of all applicable 15 appeal fees. The appeal shall be in writing and shall set forth 16 (a) the specific action appealed from, (b) the specific grounds 17 for the appeal, and, (c) the relief or action sought from the 18 Board of Building Commissioners. In the event any notice of 19 appeal fails to set forth all information required by this 20 Section, the City Clerk shall return the same to the appellant 21 with a statement of the respects in which is deficient, and the 22 appellant shall thereafter be allowed ten (10) days after the City 23 Clerk mailed the return in which to perfect and refile his or her 24 notice of appeal. 25 C. The City Clerk shall set the manner for a hearing 26 before the Board at a date and time not less than ten (10) nor 27 more than thirty (30) days following the filing of the appeal. 28 The City Clerk shall then notify the appellant, by mail, of the DAB/ses/Nuisanc2.ord 8 September 3, 1991 . . 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 .. - L o 0 date and time of the hearing. The Board may continue the hearing date when necessary. D. The Mayor and Common Council may, by Resolution, establish a fee for the processing of an appeal. 8.30.080 Board of Building Commissioners Action. A. At the time and place set for such hearing, the Board of Building Commissioners 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 Board may, by Resolution, establish rules of procedure for the conduct of hearing appeals. The Board may delegate final decision making authority to a hearing officer, or Board sub-committee. C. If the Board of Building Commissioners (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 within such longer period as the Board 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. III DAB/ses/Nuisanc2.ord 9 September 3, 1991 .' 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 4 - lIII o o 8.30.090 Notice of Final Board or Hearing Authority Decision. A copy of the Board'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 Board's decision shall be final and conclusive and shall not be subject to appeal to the Mayor and Common Council. Pursuant to Code of Civil Procedure Section 1094.6, any action to review the decision of the Board shall be commenced not later than the ninetieth day after the date the Board'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 DAB/ses/Nuisanc2.ord 10 September 3, 1991 .. 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 .II. - o 0 a hearing before the City Administrator. The Director shall cause 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 Board of Building Commissioners 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 DAB/ses/Nuisanc2.ord 11 September 3, 1991 . 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 - ] - o o duty of the Lien Coordinator to total the amounts of the assessment, or assessments, and cause them to be added to the next regular bills of taxes levied against the respective lots and parcels of land for municipal purposes; and thereafter the amounts shall be collected at the same time and in the same manner as ordinary property taxes are collected, and shall be subject to the same penalties and the same procedure for foreclosure and sale in case of delinquency as provided for ordinary property taxes. 8.30.140 Alternates. Nothing in this Chapter shall be deemed to prevent the City Attorney from commencing a civil action to abate a nuisance in addition to, alternatively to, or in conjunction with the proceedings set forth in this chapter; nor shall anything in this chapter be deemed to prevent the city from commencing a criminal action with respect to the nuisance in addition to, alternatively to, or in conjunction with the proceedings set forth in this chapter, or other ordinance, statute or state law. 8.30.150 Emergency Abatement. A. Not withstanding any other provision of this chapter with reference to the abatement of public nuisance, whenever the Director of Planning and Building Services, Fire Chief, City Engineer, Director of Public Services or a duly authorized representative determines that property, a building or structure is structurally unsafe, or constitutes a fire hazard, or endangers the life, health, property or safety of the public or its occupants, and such condition constitutes an immediate hazard or danger, he or she shall, without observing the provisions of this chapter with reference to abatement procedures, immediately and DAB/ses/Nuisanc2.ord 12 September 3, 1991 . 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 - - o o forthwith abate the existing public nuisance. B. The expense of the abatement shall be itemized and after a hearing, notice of which is given in substantial compliance with. Section 8.30.040, relating to the emergency nature of the abatement and the expenses incurred constitute a special assessment and lien against the abated parcel as set forth in Sections 8.30.110, 8.30.120 and 8.30.130. 8.30.160 Violation - Penalty. A. The owner or other person having charge or control of any such buildings or premises who maintains any public nuisance defined in this chapter, or who violates an order of abatement made pursuant to Section 8.30.060 is guilty of a misdemeanor. B. Any occupant or lessee in possession of any building or structure contrary to an order given as provided in this chapter is guilty of a misdemeanor. C. No person shall obstruct, impede or interfere with any representative of the city or with any representative of a city department or with any person who owns or holds any estate or interest in a building which has been ordered to be vacated, repaired, rehabilitated or demolished and removed, or with any person to whom any such building has been lawfully sold pursuant to the provisions of this code whenever any such representative of the City Council, representative of the city, purchaser or person having any interest or estate in the building is engaged in vacating, repairing, rehabilitating or demolishing and removing any such building pursuant to the provisions of this chapter, or in performing any necessary act preliminary to or incidental to such work as authorized or directed pursuant to this chapter." DAB/ses/Nuisanc2.ord 13 September 3, 1991 . 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 L _ o 0 AN ORDINANCE. . . RELATING TO THE ABATEMENT OF PROPERTY NUISANCES AND STREAMLINING THE ADMINISTRATIVE PROCEDURES... SECTION 2. Chapter 8.33 of the San Bernardino Municipal Code is hereby repealed. I HEREBY CERTIFY that the foregoing ordinance was duly adopted by the Mayor and Common Council of the City of San Bernardino at a meeting thereof, held on the day of , 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 z--7~ /ses/Nuisanc2.ord 14 September 3, 1991