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HomeMy WebLinkAbout38-City Attorney - - - - c~ OF SAN IJERNARDI~ - REQUEFOT FOR COUNCIL A~N From: Ralph H, Prince Su~~t: Maintenance and Enforcement of On-Site Landscaping Dept: ci ty Attorney Date: October 24, 1986 Synopsis of Previous Council action: 9/8/86 City Attorney was directed to prepare an ordinance containing a standard of maintenance provision for all multi-family development. 10/6/86 City Attorney and Planning Director were directed to prepare an ordinance establishing minimum standards and enforcement for landscape maintenance standards for parcels throughout the City regardless of the zoning district, and the item was continued to October 20, 1986. 10/20/86 Item continued to November 3, 1986. to allow additional time for City Attorney to' review ~nnAR of n~hAr mllni('.;p~l ; t-;,:!oQ R~ommenrjed motion: Waive further first reading of ordinance and layover for final adoption. /~ YftO~ ,.. Signature Contact person: Cynthia Grace Phone: 5056 N/A N/A Supporting tlata attached: Yes Ward: FUNDING REQUIREMENTS: Amount: None Source: Finance: Council Notes: 75-0262 Agenda ItemNo~ -1~. ClTbOF SAN BERNARDI~ - REQUE~ FOR COUNCIL ACT,N STAFF REPORT The City Attorney's office has reviewed the municipal codes for landscape maintenance standards of numerous jurisdictions including Beverly Hills, Newport Beach, San Marino, Palm Springs, Thousand Oaks, Glendale, Burbank, and Laguna Beach. None of the ordinances of these jurisdictions contains specific landscape maintenance standards for projects where landscape plans hQve not been submitted as a part of the de- velopment review process. The jurisdictions which deal with this issue regulate landscaping as a public nuisance. Most of the ordinances treat land- scape maintenance as "weed abatement" and require maintenance and trimming of overgrown vegetation either when it encroaches into public rights of way of all kinds, or when it creates a fire hazard. The proposed ordinance attached hereto adds Chapter 8.34 to the San Bernardino Municipal Code and sets forth landscaping standards and enforcement procedures. 75.0264 . o o o o I ORDINANCE NO. 2 ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING CHAPTER 8.34 ro THE SAN BERNARDINO MUNICIPAL CODE AUTHORIZING THE ABATEMENT OF 3 EXCESSIVE VEGBTATION GROWTH AND INADEQUATELY MAINTAINED LANDSCAPING AS A PUBLIC NUISANCE. 4 THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO 5 DO ORDAIN AS FOLLOWS: 6 SECTION 1. Chapter 8.34 is added to the San Bernardino 7 Municipal Code as follows: 8 .Chapter 8.34 9 Landscaping Nuisance 10 8.34.010 Definition of public nuisance. 11 It is a public nuisance for any person, partnership, firm 12 or corporation owning, leasing, occupying or having charge of any 13 premises in the City in any toning district to maintain such 14 premises in such a manner that any of the following conditions 15 are found to exist. 16 A. Any trees, shrubbery or plants permitted to grow out 17 into, over, or. in the public right of way where pedestrian 18 or vehicular traffic is impaired, or where the vehicle operators 19 cannot clearly observe safety signs and lights, constitutes a 20 safety hazard and are a pUblic nuisance subject to abatement 21 pursuant to the provisions of this chapter. 22 B. A substantial lack of maintenance of grounds and lawns 23 within the City where said grounds and lawns are viewable by the 24 public from a pUblic right of way or viewable from neighboring 25 properties, is a pUblic nuisance. The words 'substantial lack of 26 maintenance' shall mean allowing trees, shrubs, plants, 27 vegetation or debris to exist on the grounds in a state and to 28 Q o o o tl o - 1 b. o o o 1 Commission. The reference to Section 8.33.010 in Section 2 .8..33.030 shall mean Section 8.34.010. The method of abatement 3o~ntained in Section 8.33.070 is modified by this chapter. 4 8.34.030 Violation - Penalty. 5 Any person, partnership, firm or corporation, whether as 6 principal, agent, employee, or otherwise, interfering, 7 obstructing or preventing or causing the interference, 8 obstruction or prevention, of or with the enforcement or 9 performance of any of the provisions of this chapter by the ., '';;'. 10 Director of Public Services or other authorized person ~.9:lJ~.tty 11 of a misdemeanor, which upon conviction thereof is panisaabl. in '. . , , 12 accordance with the provisions of Section 1.12.010 ofcthisCode.- 13 I HEREBY CERTIFY that the foregoing ordinance was duly 14 adopted by the Mayor and Common Council of the City of San 15 Bernardino at a meeting thereof, held on 16 the day of , 1986, by the 17 following vote, to wit: 18 AYES: 19 20 NAYS: 21 ABSENT: 22 23 24 25 26 27 28 City Clerk ! 1 1 - . o o o o 1 2 of 3 4 5, The foregoing ordinance is hereby approved this day i 1986. Mayor of the City of San Bernardino Approved as to form: 6 /:14/ L ~ I f-lr-J/t,J:L' 8 ({t~:rney 7 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28