HomeMy WebLinkAboutMC-1418 Adopted: October 5, 2015
Effective: November 5, 2015
ORDINANCE MC-1418
1 ORDINANCE OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO REPEALING CHAPTERS 3.68 AND 8.27 AND AMENDING CHAPTER 8.30
2 OF THE SAN BERNARDINO MUNICIPAL CODE REGARDING PUBLIC NUISANCE
3 ABATEMENT
4 WHEREAS,there now appears a need for emphasis on the maintenance of a number of
5 premises because certain conditions hereafter described, have been found from place to place throughout
the City of San Bernardino; and
6
WHEREAS,the existence of these conditions is injurious and inimical to the public health,
7 safety and welfare of residents of this city and contributes substantially and increasingly to the necessity
8 for expenditures for protection against hazards and diminution of property values, prevention of crime
and the preservation of public health, safety and welfare and maintenance of police, fire and accident
9 protection. These problems are becoming increasingly direct and substantial in significance and effect
and the uses and abuses of property reasonably relate to the proper exercise of the police power in the
10 protection of health, safety and welfare of public; and
11
WHEREAS,unless corrective measures are undertaken to alleviate these existing conditions and
12 particularly to avoid future problems in this regard, the public health, safety and general welfare and
13 specifically the property values and social and economic standards of the community will be
depreciated. The abatement of these conditions will enhance the appearance and value of such properties
14 rather than be a burden on the owners and the abatement of such conditions will also appreciate the
values and appearance of neighboring properties and benefit use and enjoyment of properties in the
15 general area and will improve the general welfare and image of the City. The abatement procedures set
16 forth in this ordinance are reasonable and afford a maximum of due process and procedural guarantees.
17 NOW THEREFORE, THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
18 BERNARDINO DO ORDAIN AS FOLLOWS:
19 SECTION 1. Chapters 3.68 and 8.27 of the San Bernardino Municipal Code are hereby deleted.
Any remaining provisions of the San Bernardino Municipal Code that reference prior versions of
20 Chapters 3.68 and 8.27 shall forthwith be deemed to reference Chapter 8.30 of the San Bernardino
21 Municipal Code.
22 SECTION 2. Chapter 8.30 of the San Bernardino Municipal Code is hereby amended to read as
as follows:
23
24 Chapter 8.301
Public Nuisances
25 Sections:
26 8.30.010 Purpose
27
1 For charter provisions authorizing the Common Council to define nuisances and provide for
28
their removal, see Charter § 40(c).
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ORDINANCE MC-1418
1 8.30.015 Definitions.
8.30.020 Declaration of nuisances.
2 8.30.021 Summary Abatement.
3 8.30.022 Method of giving notice.
8.30.025 Determination of nuisance.
4 8.30.030 Declaration of nuisances.
5 8.30.035 Time limit for compliance.
8.30.040 Abatement by City.
6 8.30.041 Report of abatement costs.
8.30.042 Recovery of attorneys' fees and report of attorneys' fees.
7 8.30.043 Treble damages.
8 8.30.045 Protest of abatement costs.
8.30.050 Council action.
9 8.30.055 Imposition of special assessment lien and notice.
8.30.056 Recording of nuisance abatement lien.
10 8.30.060 Collection of costs and attorney's fees prior to hearing.
11 8.30.065 Alternative remedies.
8.30.070 Violation - Penalty
12
13 Section 8.30.010 Purpose.
14 It is hereby declared to be in the public interest to promote the health, safety and welfare
of the residents of the City of San Bernardino by providing procedures for the abatement of nuisances
15 as declared by the Mayor and Common Council of the City of San Bernardino, which abatement
16 procedures shall be in addition to all other proceedings authorized by this Code or otherwise by law.
17 Section 8.30.015 Definitions.
18 For the purpose of this Chapter the following words and phrases shall have the meanings given
19 herein:
20 (a) "Abandoned vehicle" means a physically inoperable vehicle.
21 (b) "Abatement" means the demolition, removal, repair, maintenance, construction,
22 reconstruction, replacement, or reconditioning of structures, appliances or equipment; or the
removal, transportation, disposal and treatment of waste and abandoned materials and
23 equipment capable of harboring, breeding, or attracting rodents or insects or producing odors or
24 blight.
25 (c) "Administrative Hearing Officer" or"Hearing Officer" shall mean any individual appointed
by the City Manager of the City of San Bernardino, or his/her designee, to hear the appeal on
26 a determination of the existence of a nuisance.
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(d) "Agricultural groves" means any grove of ten or more trees on a parcel or lot.
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ORDINANCE MC-1418
I (e) "Attractive nuisance" means any condition, instrumentality, or machine which is unsafe
and unprotected and thereby dangerous to young children by reason of their inability to
2 appreciate the peril which exists, and which may reasonably be expected to attract young
3 children to the premises and risk injury by playing with, in, or on it. Attractive nuisances may
include, but shall not be limited to:
4 1. Abandoned and/or broken equipment;
5 2. Swimming pools being used as fish ponds or other uses contrary to permitted
swimming or other pool uses, subject to state or local regulations requiring,
6 without limitation, that drains be visible from the water's surface and that the
water be filtered;
7 3. Hazardous and/or unmaintained pools, ponds, culverts, excavations; and
8 4. Neglected machinery.
9 (f) "Building" means any structure including, but not limited to any house, garage, duplex,
10 apartment, condominium, stock cooperative, mobile home, or other residential structure or any
portion thereof, which is designed, built, rented or leased to be occupied or otherwise is
11 intended for supporting or sheltering any use or occupancy, and any commercial, industrial, or
other establishment, warehouse, kiosk, or other structures affixed to or upon real property, used
12 for the purpose of conducting a business, storage or other activity.
13
(g) "Construction material" means any discarded material from the building or destruction of
14 structures, road and bridges including concrete, rocks, asphalt, plasterboard, wood and other
related material.
15
16 (h) "Code Enforcement Director" shall mean the Community Development Director or the Chief
of Police for the City of San Bernardino.
17
18 (i)"Excavation" means any wells, shafts, basements, cesspools, septic tanks, fish ponds,
and other like or similar conditions more than six inches in diameter and three feet in depth.
19
(j)
20 "Foul" means very offensive to the senses.
21 (k) "Garbage" means any putrescible animal, fish, fowl, food, fruit, or vegetable matter
resulting from the cultivation, preparation, storage, handling, decay or consumption of the
22 substance.
23 (1) "Hazardous materials and waste" means any chemical, compound, mixture, substance
24 or article which is identified or listed by the United States Environmental Protection Agency or
appropriate agency of the State of California as a "hazardous waste" as defined in 40 C.F.R.
25 §§ 261.1 through 261.33, except that for purposes of this Chapter, hazardous waste also
26 shall include household waste as defined in 40 C.F.R. 261.4(B)(1).
27 (m)"Inoperable vehicle" means mechanically incapable of being driven or prohibited from
being operated on a public street or highway pursuant to Vehicle Code Sections 4000, 5202,
28 24002, 40001, concerning license plates, registration, equipment, safety and related matters.
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ORDINANCE MC-1418
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(n) "Noxious" means hurtful or unwholesome.
2
3 (o) "Odor" means any smell, scent, or fragrance.
4 (p) "Owner" means any person, agent, firm or corporation having legal or equitable interest
5 in the property.
6 (q) "Premises" means any lot or parcel of land upon which a building is situated, including
any portion thereof improved or unimproved, and adjacent streets, sidewalks, parkways and
7 parking areas.
8 (r) "Property" means any lot or parcel of land, including any alley, sidewalk, parkway or
9 unimproved public easement.
10 (s) "Refuse" means any putrescible and non-putrescible solid waste, except sewerage,
11 whether combustible or noncombustible and includes garbage and rubbish.
12 (t) "Stagnant water": Water which is allowed to become stagnant contained in ditches,
13 pools, ponds, steams excavations, holes, depressions, open cesspools, privy vaults, fountains,
cisterns, tanks, shallow wells, barrels, troughs, urns, cans, tires, boxes, bottles, tubs, buckets,
14 roof gutters, tanks of flush closets, reservoirs, vessels, receptacles of any kind or other
containers or devices which may hold water.
15
16 (u) "Unmerchantable" means unsalable.
17 (v) "Vehicle" means any device by which any person or property may be propelled, moved,
or drawn upon a highway, or upon water, excepting a device moved exclusively by human
18 power, or used exclusively upon stationary rails or tracks.
19
(w)"Violator" means any responsible party, including the landowner, or lessee, tenant, or
20 any other person who had possession or custody of the property.
21 (x) "Waste matter" means any rubbish or construction material.
22
(y) "Weeds" means useless and troublesome plants generally accepted as having no value
23 and frequently of uncontrolled growth.
24 Section 8.30.020 Declaration of nuisances.
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It is unlawful and is hereby declared a nuisance for any person owning, leasing, occupying or
26 having charge or possession of any property and any vehicles thereon, in the City to maintain the
27 property in such a manner that any of the following conditions are present:
28 A. The existence of any garbage, rubbish, refuse or waste matter upon the premises
contrary to the provisions of the San Bernardino Municipal Code.
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ORDINANCE MC-1418
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B. The existence of weeds upon the premises, including public sidewalks, streets or
2 alleys between said premises and the centerline of any public street or alley.
3
C. The existence of overgrown, dead, decayed, diseased or hazardous trees, and other
4 vegetation, including but not limited to dead agricultural groves which are: (1) likely to attract
5 rodents, vermin or other nuisances, or (2) constitutes a fire hazard, or(3) is dangerous to the
public safety and welfare.
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D. Overgrown vegetation including trees, shrubbery, ground cover, lawns and
7 decorative plantings which substantially detract from the aesthetic and property values of
8 neighboring properties.
9 E. Any abandoned or discarded furniture, stove, refrigerator, freezer, sink, toilet,
10 cabinet, or other household fixture or equipment visible from a public right-of-way.
11 F. The existence of any abandoned, wrecked, dismantled or inoperative motor vehicle
upon the premises contrary to the provisions of the San Bernardino Municipal Code.
12
13 G. The storage or parking of certain vehicles as follows:
14 1. The storage or parking of trucks exceeding the manufacturer's gross vehicle weight
rating of 10,000 pounds on all areas of all residential zones, and the storage or parking of
15 other vehicles on the landscaped front and street side yard setback area of all residential
16 zones, including but not limited to the front lawn areas, contrary to the provisions of the
San Bernardino Municipal Code.
17
2. The storage or parking of vehicles on any unpaved parcel of property where such
18 vehicle is (a) likely to disrupt traffic flow in the City; (b) stir up dust from driving on the
19 unimproved surface; (c) negatively impact the aesthetics of the City; (d) allow oils and
other unwanted substances to drip onto the untreated dirt surface; and/or (e) cause traffic
20 obstructions by impeding the line of vision of drivers at intersections. Vehicles parked in
21 conjunction with a temporary use as permitted under San Bernardino Municipal Code are
excepted.
22
H. The outdoor storage of personal property on private property as follows:
23
24 1. Any furniture (except for furniture specifically designed for outdoor use), on porches,
balconies, sun decks, front, side and/or rear yards, any other personal property not
25 designed for outdoor use and in good working order;
26 2. The existence of any hay, straw, lumber, papers, or other substances,junk, packing
27 boxes, recyclable materials, salvage materials, building/construction materials,
equipment; unless necessarily kept or stored under validly permitted, current
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ORDINANCE MC-1418
I construction; appliances, commercial/industrial machinery and/or equipment(whether
2 operable or inoperable); and
3 3. Any item causing an unsightly appearance which is visible from the public right-of-
way or sites of neighboring properties or which provides a harborage for rats and/or other
4 vermin, or creates any other potential health hazard or nuisance.
5
6 I. The outdoor storage of personal property on public property as follows:
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1. The use of public property to store, maintain, place or abandon any personal
8 property, on any public street, any public sidewalk, any parking lot or public area,
9 improved or unimproved, any public park, parkway, median or greenbelt, except as
otherwise provided.
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2. Any personal property stored, maintained, placed or abandoned in violation of this
11 section may be removed and discarded at the discretion of the Public Works Director,
12 Code Enforcement Director or their designees.
13 J. Any dangerous or substandard building, whether or not occupied, abandoned,
boarded-up or partially destroyed contrary to the provisions of the Uniform Fire Code, Uniform
14 Building Code, Uniform Housing Code, Uniform Code for Abatement of Dangerous
15 Buildings, and/or the San Bernardino Municipal Code.
16 K. Peeling or blistering paint on any building or structure such that the condition is
17 plainly visible from a public right-of-way.
18 L. The existence of loud or unusual noises, or foul or noxious odors which offend the
peace and quiet of persons of ordinary sensibilities and which interferes with the comfortable
19 enjoyment of life or property and affect the entire neighborhood or any considerable number of
20 persons.
21 M. The existence of hazardous substances and waste unlawfully released, discharged,
22 or deposited upon any premises onto any City property.
23 N. The existence of any stagnant water or water contained in hazardous and/or
unmaintained swimming or other pools which obscure required visibility and proper filtering.
24
25 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
26 outdoor advertising displays which are located in permitted zoning districts or which
are otherwise legally permitted are excepted herefrom;
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28 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)
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ORDINANCE MC-1418
1 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
2 deterioration or disrepair that the same cause appreciable diminution of the property
3 values of surrounding properties, or are materially and economically detrimental to
the neighboring properties and improvements.
4
5 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;
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R. Any attractive nuisance.
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8 S. Any other condition which is contrary to the public peace, health and safety.
9 T. Any other violation of the San Bernardino Municipal Code.
10 Section 8.30.021 Summary/Emergency Abatement.
11
Notwithstanding any other provision of this Chapter with reference to the abatement of public
12 nuisance. In cases of manifest public danger and/or immediate necessity, the Code Enforcement
13 Director, Fire Chief, Chief of Police, City Engineer, Director of Public Works, Building Official, or their
designees, shall have the authority to immediately call a contractor to abate any public nuisance, which
14 presents an immediate threat to public health or safety, at the sole discretion of the Code Enforcement
Director, Fire Chief, Chief of Police, City Engineer, Director of Public Works, Building Official, or their
15 designees. Any such abatement activity may be conducted without observance of any notice
16 requirements described in this chapter. The City may recover all abatement costs as set forth in this
chapter.
17
18 Section 8.30.022 Summary/Emergency Abatement Post-Abatement Hearing
A. Within ten(10) calendar days of any summary abatement action where the Building Official or
19 the Code Enforcement Director, or their designees, have caused any public nuisance, which presents an
20 immediate threat to public health or safety,to be abated in accordance with section 8.30.021 of this
chapter, the Code Enforcement Director, Fire Chief, Chief of Police, City Engineer, Director of Public
21 Works, Building Official, or their designees, responsible for initiating the summary abatement
22 proceedings shall provide the owner of the property that was summarily abated with a notice of post-
abatement hearing to contest the validity of the summary abatement.
23
B. Such notice shall be given in accordance with section 8.30.023 of this chapter and contain the
24 following information.
25
1) That a hearing has been scheduled within thirty (30) days of the notice provided under
26 8.30.022 (A), before the Administrative Hearing Officer;
27 2) That emergency action was taken with regard to the property;
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ORDINANCE MC-1418
1 3) The reason why the Building Official or the Code Enforcement Director, or their
2 designee made the decision to initiate summary abatement proceedings at the property.
3 C. At the hearing, the Administrative Hearing Officer shall consider all relevant evidence,
including, but not limited to, applicable staff reports. The Administrative Hearing Officer shall
4 give any interested person a reasonable opportunity to be heard in conjunction therewith. Based
5 upon the evidence presented, the Administrative Hearing Officer shall determine whether the
emergency action was warranted. The hearing shall not be conducted according to the formal
6 rules of evidence or procedure.
7 D. The expense of abatement shall be itemized and, after a hearing, notice of which is given in
8 substantial compliance with section 8.30.023, relating to the emergency nature of the abatement
and the expenses incurred, shall constitute a special assessment and lien against the abated parcel
9 as set forth in Sections 8.30.041, 8.30.042, 8.30.043 8.30.045, 8.30.050, 8.30.055, 8.30.056,
8.30.060 and 8.30.065.
10
I I E. The decision of the Hearing Officer on the determination of nuisance is final. Any appeal of the
Hearing Officer's decision shall be governed by California Code of Civil Procedure Section
12 1094.6 or such section as may be amended from time to time.
13 Section 8.30.023 Method of giving notice.
14
Any notice required by this chapter may be served in any one of the following methods:
15
16 (1) by personal service on the owner, occupant, or person in charge or control of the property;
or
17
(2) by certified mail, postage prepaid, return receipt requested. Simultaneously, the same notice
18 may be sent by regular mail addressed to the owner or person in charge and control of the
19 property, at the address shown on the last available assessment roll, or as otherwise known. If a
notice that is sent by certified mail is returned unsigned, then service shall be deemed effective
20 pursuant to regular mail, provided the notice that was sent by regular mail is not returned; or
21 (3) by posting in a conspicuous place on the premises or abutting public right-of-way, or
22
(4) in the alternative, insertion of a legal advertisement at least once a week for the period of two
23 weeks in a newspaper of general circulation in the City of San Bernardino.
24
(5) The failure of any person with an interest in the property to receive any notice served in
25 accordance with this section shall not affect the validity of any proceedings taken under this
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Chapter.
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ORDINANCE MC-1418
1 Section 8.30.025 Determination of nuisance.
2 A. The Code Enforcement Director, or his or her designee, may determine that any premises
3 within the City may constitute a public nuisance pursuant to any provisions of Section 8.30.020 and may
initiate abatement proceedings pursuant to this Chapter. The Code Enforcement Director or the
4 authorized representative thereof shall set forth in such determination in a notice to abate which
5 shall identify the premises and state the conditions which may constitute the nuisance and shall
require that such conditions be corrected within such time periods set forth in the notice to abate.
6
B. The notice to abate to the owner or person in control or charge of the property shall
7 include (1)the condition or conditions on the premises creating the nuisance; (2) a reasonable
8 time limit to abate the nuisance; and (3) the right to appeal. The notice shall direct the
abatement of the nuisance and refer to this chapter for particulars.
9
C. The notice shall be served not less than ten calendar days before the date of the scheduled
10 abatement. Failure of the owner to accept or otherwise receive such notice shall not affect the validity of
11 any proceeding pursuant to this Chapter.
12 D. "Owner" as used in this chapter shall mean any person in possession and also any person
13 having or claiming to have any legal or equitable interest in said premises, as disclosed by a current title
search from any accredited title company.
14
Section 8.30.030 Appeal.
15
16 A. Within ten days from the date of giving notice to abate, the violator may file an appeal
to the determination of the nuisance with the City Clerk. Such appeal shall be in writing and shall
17 identify the property subject to the Notice of Violation. The Code Enforcement Director shall then cause
18 the matter to be set for hearing before a Hearing Officer contracted by the City to hear such matters.
19 B. Notice of the date of hearing shall be given in writing. The date of the hearing shall
be no sooner than fifteen days from the date when notice of the hearing is given to the appellant
20 and to the Code Enforcement Director.
21 C. At the time fixed in the notice, the Administrative Hearing Officer shall hear the testimony
22 of all competent persons desiring to testify respecting the condition constituting the nuisance.
23 D. At the conclusion of the hearing, the Hearing Officer shall determine whether or not a
24 nuisance exists, and if the Hearing Officer so concludes, he may declare the conditions existing
to be a nuisance and direct the person owning the property upon which the nuisance exists to
25 abate it within ten days after the date of posting on the premises a notice of the Hearing
Officer's order. The Hearing Officer may amend time to abate the nuisance, if in his or
26 her opinion, there exists good cause for the amendment of time to abate.
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ORDINANCE MC-1418
1 E. The decision of the Hearing Officer on the determination of nuisance is final. Any appeal of
the Hearing Officer's decision shall be governed by California Code of Civil Procedure Section 1094.6
2 or such section as may be amended from time to time.
3
Section 8.30.035 Time limit for compliance.
4
5 The violator must abate the nuisance within the period of time set forth in the Notice of
Violation, or, in case of an appeal, within ten days from the finding of the Hearing Officer or such
6 longer period as may be determined by the Administrative Hearing Officer. Unless an emergency
situation exists, the violator shall be given at least ten days to abate the nuisance.
7
8 Section 8.30.040 Abatement by City.
9 A. If the nuisance is not abated by the violator within the time limits set forth above in
Section 8.30.035,the City, by its employees or any hired contractor, may cause the nuisance to
10 be abated.
11
Section 8.30.041 Report of abatement costs.
12
13 A. The Code Enforcement Director shall thereafter cause a report of the action and an
accurate account of the costs to be filed with the City Clerk of the City of San Bernardino.
14
B. The statement shall be accompanied by a notice to the owner that the cost of abatement may
15 be protested as set forth in Section 8.30.045. If the cost is not protested within ten calendar days after
16 service, it shall be deemed final.
17 Section 8.30.042 Recovery of attorneys' fees and report of attorneys' fees.
18 In any action, administrative proceeding, or special proceeding to abate a nuisance, the
19 prevailing party shall be entitled to recovery of attorneys' fees. The recovery of attorneys' fees
by the prevailing party shall be limited to those individual actions or proceedings in which the
20 City elects, at the initiation of that individual action or proceeding, to seek recovery of its own
21 attorneys' fees.
22 In no action, administrative proceeding, or special proceeding shall an award of
attorneys' fees to a prevailing party exceed the amount of reasonable attorneys' fees incurred
23 by the City in the action or proceeding. The City Attorney's Office shall thereafter cause a report
24 of the action and an accurate account of costs to be filed with the City Clerk of the City of
San Bernardino.
25
26 Section 8.30.043 Treble damages.
27 Upon entry of a second or subsequent civil or criminal judgment within a two-year period
finding that an owner of property is responsible for a condition that may be abated in
28 accordance with this ordinance, except for conditions abated pursuant to Section 17980 of the
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ORDINANCE MC-1418
1 Health and Safety Code, related to substandard buildings,the court may order the owner to pay
treble the costs of the abatement.
2
3 Section 8.30.045 Protest of abatement costs.
4 A. The property owner may protest the cost of abatement by filing a written request for a
5 hearing on the abatement costs with the Code Enforcement Director, and the Code Enforcement Director
shall cause a Hearing to be set before the Administrative Hearing Officer. At the time fixed for the
6 hearing on the statement of abatement costs, the Administrative Hearing Officer shall consider the
statement and protests or objections raised by the person liable to be assessed for the cost of the
7 abatement.
8 B. The Hearing Officer may revise, correct or modify the statement as the Hearing
9 Officer considers just and thereafter shall confirm the cost.
10 C. The decision of the Hearing Officer shall be in writing and shall be served by mail. The
11 decision of the Hearing Officer on the abatement costs shall be final.
12 D. Any appeal of the Hearing Officer's decision shall be governed by California Code of
13 Civil Procedure Section 1094.6 or such section as may be amended from time to time.
14
Section 8.30.050 Council action.
15
16 A. If the property owner does not pay the cost of abating the nuisance within thirty calendar days
after the cost becomes final or the hearing officer confirms the costs of abatement, the cost shall become
17 a special assessment against the real property upon which the nuisance was abated. The assessment shall
continue until it is paid, together with interest at the legal maximum rate computed from the date of
18 confirmation of the statement until payment. The assessment may be collected at the same time and in
19 the same manner as ordinary municipal taxes are collected and shall be subject to the same penalties and
the same procedure and sale in case of delinquency as provided for ordinary municipal taxes.
20
21 B. The City Council shall adopt a resolution assessing such unpaid costs of abatement as liens
upon the respective parcels of land as they are shown upon the last available assessment roll.
22
Section 8.30.055 Imposition of special assessment lien and notice.
23
24 A. The City Clerk shall prepare and file with the County Auditor a certified copy of the
resolution of the City Council assessing the costs of abatement as a lien on the land, adopted pursuant to
25 the preceding section.
26 B. Notice of lien shall be mailed by certified mail to the property owner, if the property owner's
27 identity can be determined from the County Assessor's or County Recorder's records. The notice shall be
given at the time of imposing the assessment and shall specify that the property may be sold after three
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ORDINANCE MC-1418
1 years by the Tax Collector for unpaid delinquent assessments. The Tax Collector's power of sale shall
2 not be affected by the failure of the property owner to receive notice.
3 C. The County Auditor shall enter each assessment on the County tax roll upon the parcel of
land. The assessment shall be collected at the same time and in the same manner as ordinary municipal
4 taxes are collected, and shall be subject to the same penalties and procedure and sale in case of
5 delinquency as is provided for ordinary municipal taxes. All laws applicable to the levy, collection and
enforcement of municipal taxes shall be applicable to the special assessment. However, if any real
6 property to which the cost of abatement relates has been transferred or conveyed to a bona fide
purchaser for value, or if a lien of a bona fide encumbrancer for value has been created and attaches
7 thereon, prior to the date on which the first installment of the taxes would become delinquent, then the
8 cost of abatement shall not
result in a lien against the real property but instead shall be transferred to the unsecured roll for
9 collection. The tax collector's power of sale shall not be affected by the failure of the property
owner to receive notice.
10
11 8.30.056 Recording of nuisance abatement lien.
12 As an additional remedy, the Code Enforcement Director may cause a nuisance abatement lien
13 for costs related to abatements, other than dangerous building abatements, to be recorded with the San
Bernardino County Recorder's Office, pursuant to the provisions of Government Code Section 38773.1.
14
Section 8.30.060 Collection of costs and attorney's fees prior to hearing.
15
16 The City may accept payment of any amount due at any time prior to the filing of a certified
copy of the City Council resolution assessing the abatements costs with the County Auditor.
17
Section 8.30.065 Alternative remedies.
18
19 The procedures established in this Chapter shall be in addition to criminal, civil or other
legal or equitable remedies established by law which may be pursued to address violations of
20 this Code or applicable state codes and the use of this Chapter shall be at the sole discretion of the City.
21 Section 8.30.070 Violation—Penalty
22
A. The owner or other person having charge or control of any such buildings or premises
23 who maintains any public nuisance defined in this Chapter, or who violates an order of abatement made
24 pursuant to §8.30.030 is guilty of a misdemeanor.
25 B. Any occupant or lessee in possession of any building or structure contrary to an order given as
26 provided in this Chapter is guilty of a misdemeanor.
27 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
28 building which has been ordered to be vacated, repaired, rehabilitated or demolished and removed, or
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ORDINANCE MC-1418
1 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
2 or person having any interest or estate in the building is engaged in vacating, repairing, rehabilitating or
3 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
4 Chapter.
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ORDINANCE MC-1418
I ORDINANCE OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO REPEALING CHAPTERS 3.68 AND 8.27 AND AMENDING CHAPTER 8.30
2 OF THE SAN BERNARDINO MUNICIPAL CODE REGARDING PUBLIC NUISANCE
3 ABATEMENT
4 I HEREBY CERTIFY that the foregoing Ordinance was duly adopted by the Mayor and Common
5 Council of the City of San Bernardino at a joint regular meeting thereof, held on the 5t" day of October,
2015, by the following vote, to wit:
6
COUNCIL MEMBERS: AYES NAYS ABSTAIN ABSENT
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8 MARQUEZ X
9 BARRIOS X
10 VALDIVIA X
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SHORETT X
12
13 NICKEL X
14 JOHNSON X
15 MULVIHILL X
16
17
1
George Manna, C
18 City Clerk
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The foregoing Ordinance is hereby approved this day of Octo ,.2015.
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21
22 R. Carey Day/s, Mayor
City of San Bernardino
23 Approved as to form:
24 Gary D. Saenz, City Attorney
25
By:
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27
28
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