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HomeMy WebLinkAbout06-City Attorney -~ . - - CITY OF SAN BERARDINO - REQUEST ~R COUNCIL ~N From: James F. Penman City Attorney Subject: Ordinance amending Section 8.33.010 of the San Bernardino Municipal Code Relating to property nuisances Dept: Date: July 11, 1989 Synopsis of Previous Council action: April 2, 1973 Adoption of Ordinance No. 3339 approving system for regulation of property nuisances. May 21, 1984 Adoption of Ordinance MC-373 amending Chapter 8.33 Recommended motion: Waive further reading of the Ordinance and layover for adoption. /) I I i ; ,YL/l-..- CI 9/L , Signature Contact person: Dennis A. Barlow Phone: 5255 Supporting data attached: Ward: FUNDING REQUIREMENTS: Amount: Source: (Acct, No.! (Acct, DescriPtion) Finance: Council Notes: A,...onl"4~ I +OPY'll 1\11'\ 6 - - - - - - CITY OF SAN BERNiRDINO - REQUEST ~R COUNCIL ACTION STAFF REPORT Chapter 8.33 of the San Bernardino Municipal Code relates to property nuisances but is limited to property "used or zoned for commercial or manufacturing purposes." The Mayor has proposed that the requirements of this Chapter be extended to residential property as part of the effort to reduce blight and improve the health and safety of the City. The proposed ordinance deletes the words "used or zoned for commercial or manufacturing purposes" from Section 8.33.010 thereby making the ordinance applicable City wide. 75-0264 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 - - . o o 1 ORDINANCE NO. 2 ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTION 8.33.010 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO 3 PROPERTY NUISANCES 4 THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO DO ORDAIN AS FOLLOWS: 5 SECTION 1. Section 8.33.010 of the San Bernardino 6 Municipal Code is hereby amended to read as follows: 7 "It is a public nuisance for any person, partnership, 8 firm or corporation, owning, leasing, occupying or having charge of any premises in the City to maintain such premises in such manner that any of the following conditions are found to exist: A. Buildings which are abandoned, partially destroyed, or permitted to remain unreasonably in a state of partial construction; 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; DAB:br July 11, 1989 1 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 L - ORDINANCE - AMENDING SECTION OnCIPAL CODE 1 2 3 4 5 6 7 8 9 DAB:br July 11, 1989 8.33.010 OF THE SAN BERNARDINO ,0 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 hazardous conditions; 1. Maintenance of premises in such condition as to be detriment to the public health, safety or general welfare, or in such manner as to constitute a public nuisance as defined by Civil Code Sections 3479 and 3480; 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; 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 2 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ORDINANCE 1 2 3 4 5 6 7 8 ~ . - - - -~ENDING SECTION 8.33.010 O~THE SAN BERNARDINO \.lNICIPAL CODE ~ L. M. DAB:br July 11, 1989 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, trailers, campers, boats, bus bodies, and similar objects or equipment; (3) Any device, decoration, design, fence, structure, or vegetation which is unsightly be reason of its condition or its inappropriate location; (4) Wood or paper signs in deteriorating condition; (5) Any wall, fence or hedge; Maintenance of premises so out of harmony or conformity with the maintenance standards with adjacent properties as to cause substantial diminution of the enjoyment, use, or property values of such adjacent properties; 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 3 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 JJ _ .[ ORDINANCE -AMENDING SECTION 8.33.010 CHCIPAL CODE 1 2 3 4 5 6 7 8 9 DAB:br July 11, 1989 .. OF THE SAN BERNARDINO :,.-, 1 ,,",' cost of public services rendered therein; 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 days after such election or event has been 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 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 4 ORDINANCE - ~NDING SECTION 8.33.010 OF THE SAN BERNARDINO ~NICIPAL CODE C) 1 deterioration or disrepair that the same cause 2 appreciable diminution of the property values of 3 surrounding properties, or are materially and 4 economically detrimental to the neighboring 5 properties and improvements. 6 I HEREBY CERTIFY that the foregoing ordinance was duly 7 adopted by the Mayor and Common Council of the City of San 8 Bernardino at a meeting thereof, held on the 9 day of , 1989, by the following vote, to wit: 10 AYES: Council Members 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 NAYS: ABSENT: City Clerk The foregoing ordinance is hereby approved this day of , 1989. W.R. Holcomb, Mayor City of San Bernardino Approved as to form and legal content: JAMES F. PENMAN, City Attorney i , t2 By: .JtJ~"'7 iJt;;~ () DAB:br July 11, 1989 5