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HomeMy WebLinkAbout27-City Attorney , CI~ OF SAN BERNARoQO - REQU~ FOR COUNCIL AC~N F,,?m: JAMES PENMAN, City Attorney Dept: CITY ATTORNEY [iEC'O: - AOMlIf.u8f'f~: AMENDMENT OF SAN BERNARDINO MUNICIPAL CODE SECTION 19.60.070 !387 SEP ! 0', Ii, [: 3 Date: AUGUST 27, 1987 rP"~ Synopsis of Previous Council action: NONE Recommended motion: WAIVE FIRST READING AND LAY OVER FOR FINAL PASSAGE 6'~~.fi~ '" -....:.. JOHN WILSON Phone: 5162 Contect penon: Supporting data attachad: Staff Memorandum Ward: FUNDING REQUIREMENTS: Amount: -0- Sourca: (ACCT. NO.) (ACCT. DESCRIPTION) Finance: COIIl.ell Notal: ..d/. l ''''''''' /,,', clk OF SAN BERNARD~ - REQUE~t FOR COUNCIL ACUN STAFF REPORT In a recent court action of the City of San Bernardino vs. Lubinsky, the municipal court found some difficulty in determining that an abandoned sign as set forth under 19.60.070 of the Municipal Code as presently written con- stitutes a nuisance. The purpose of this ordinance is to clarify that it is the intent of the Mayor and Common Council for the City of San Bernardino that pursuant to their authority as a Charter City, and as set forth under Government Code Section 38771, such signs do constitute a nuisance within the City of San Bernardino. 8-27-87 75-0264 / \.....- 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 J""'.." , " ~ ORDINANCE NO. ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTION 19.60.070 OF THE MUNICIPAL CODE TO CLARIFY THAT ABANDONED SIGNS CONSTITUTE A NUISANCE. THE MAYOR AND Cot1MON COUNCIL OF THE CITY OF SAN BERNARDINO DO ORDAIN AS FOLLOWS: SECTION 1. Section 19.60.070 of the San Bernardino Municipal Code is amended to read: "19.60.070 ABANDONED SIGNS. Any sign which is not used for a period of one hundred and eighty days shall be considered abandoned and is hereby declared to be a danger to the health, safety, and welfare of the citizens of San Bernardino. Any wood sign which is partially or wholly obscured by the growth of dry vegetation or weeds or by the presence of debris or litter also presents a danger to the health, safety and welfare of the citizens of San Bernardino. Any such signs as set forth above are hereby deemed to be a public nuisance. Any such sign shall be removed by the property owner within ten days after notice from the Superintendent of Building and Safety, which notice shall provide an opportunity to be heard before the Superinten- dent on the abandonment and nuisance decision. The appeal shall be granted or the decision modified if facts or circumstances disprove the existence of a public nuisance. Any sign not removed within ten days after such notice may be sumnari1y abated by the Superintendent of Building and Safety if no appeal has been taken from the Superintendent's decision pursuant to San Bernar- dino r1unicipal Code Section 2.64 or, if the appeal has been denie or modified. Costs of such abatement may be assessed against the property, using the procedures established in Section 8.27.100 throuJh 8.27.140, inclusive, which are hereby made applicable, 8/6/87 c 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 of ,/,"""" ..J '-, ; except that the Superintendent of Building and Safety shall act instead of the Public Services Superintendent in making the assessment." 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 , 1987 by the following vote, to wit: AYES: Council Members NAYS: ABSENT: City Clerk The foregoing ordinance is hereby approved this day , 1987. 18 19 20 21 22 23 24 25 26 27 28 Mayor of the City of San Bernardino Approved as to form and legal content: /1 /, ,-b?/l,-. l. , /:.:.....'"'- yiyy Attorney l / v 8/6/87 -2-