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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
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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.
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THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO
5 DO ORDAIN AS FOLLOWS:
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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.
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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
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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.
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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
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10 Director of Public Services or other authorized person ~.9:lJ~.tty
11 of a misdemeanor, which upon conviction thereof is panisaabl. in
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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:
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City Clerk
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The foregoing ordinance is hereby approved this
day
i 1986.
Mayor of the City of San Bernardino
Approved as to form:
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