HomeMy WebLinkAbout10- City Attorney CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: James F. Penman, City Attorney Subject: ORDINANCE OF THE CITY OF SAN
BERNARDINO AMENDING CHAPTER 8.27
OF THE SAN BERNARDINO MUNICIPAL
CODE AUTHORIZING THE CODE
OCOMPLIANCE
/ 1 f ����� DIRECTOR TO CONDUCT
ANNUAL WEED ABATEMENTS AND
RECOVER COSTS.
Dept: City Attorney
Date: September 8, 1998
Synopsis of Previous Council action:
Ord. MC-460, 5-13-85, Ord. MC-344, 2-20-84, Ord. MC-140, 3-1-82, Ord. 3375 (part), 8-27-73, Ord. 2022 section
2, 9, 10, 13 '/z, 3-16-54, Ord. MC-239, 12-20-82, Ord. 3615 (part), 1-3-77, Ord. MC-742, 9-17-90, Ord. 2645 (part),
2-14-65, Ord. MC-364, 4-16-84, Ord. 2603, 8-17-64, Ord. MC-603, 6-15-87.
Recommended motion:
That said ordinance be laid over for final adoption.
)
; Signature
Contact person: Jolena E Barnes Phone: 5355
Supporting data attached: Staff Report Ward: ALL
FUNDING REQUIREMENTS: Amount: NONE
Source: (Acct. No.)
(Acct. Description)
Finance:
Council Notes:
75-0262 Agenda Item No._ ���
STAFF REPORT
Council Meeting Date: September 21, 1998
TO: Mayor and Common Council
FROM: City Attorney's Office
DATE: September 8, 1998
AGENDA: September 21, 1998
Currently, San Bernardino Municipal Code Chapter 8.27 gives the Director of Public
Services the power to abate public nuisances. This Chapter also provides for a hearing of all
objections by the Board of Building Commissioners with an appeal to the Mayor and Common
Council. The proposed amendment transfers the power to abate nuisances from the Director of
Public Services to the Code Compliance Director. The amendment also provides for a hearing of
all objections to the Code Compliance Director's finding of a public nuisance to the Hearing
Officer with an appeal to the Board of Building Commissioners.
COPY
I ORDINANCE NO.
2 AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING
CHAPTER 8.27 OF THE SAN BERNARDINO MUNICIPAL CODE AUTHORIZING
3 THE CODE COMPLIANCE DIRECTOR TO CONDUCT ANNUAL WEED
ABATEMENTS AND RECOVER COSTS.
4
5 THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO
DO ORDAIN AS FOLLOWS:
6
7 SECTION 1. Section 8.27.020 is hereby amended to read as follows:
"8.27.020 Refusal of owner to remove nuisances - Infraction
8 - Power of arrest- Notice to appear.
9 Any owner, agent or person having charge of or occupying
10 any lot or premises within the City who refuses or neglects for a period
of five days after receiving notice from the Code Compliance Director
11 of the City to remove any of the things declared to be a nuisance in Section
12 8.27.010 thereof, is guilty of an infraction, which upon conviction thereof
13 is punishable in accordance with the provisions of Section 1.12.010 of this
Code. The Code Compliance Director, or his or her designated representatives
14 shall have the authority to enforce the provisions of this Chapter and may
15 arrest and issue notices to appear for violations hereof pursuant to Section
16 836.5 and Chapter 5C of Part 2, Title 3 (853.6 et seq.) of the California Penal
Code."
17
18 SECTION 2. Section 8.27.030 is hereby amended to read as follows:
19
"8.27.030 Declaration and order to abate public nuisance -
20 Right of protest and hearing.
21 A. Whenever any of the public nuisances described or mentioned in
22 Section 8.27.010 exist in the City, the Code Compliance Director
may find and declare the same to be a public nuisance under the
2' provisions of this Chapter and may order the abatement of such
24 public nuisance as hereinafter provided. The Code Compliance
25 Director may further find and declare that weeds and vegetation
on specified parcels of property are seasonal and recurrent nuisances
26 and order the periodic abatement of such nuisances as hereinafter
27
28 CDK/tbm[amend.827] ]
I ORDINANCE NO.
2 AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING
CHAPTER 8.27 OF THE SAN BERNARDINO MUNICIPAL CODE AUTHORIZING
3 THE CODE COMPLIANCE DIRECTOR TO CONDUCT ANNUAL WEED
ABATEMENTS AND RECOVER COSTS.
4
5 provided, and may further find that weeds and other matters
6 constituting public nuisances along and near dead trees and fences
7 increase the fire hazard and may notify the owner of such condition
in order that remedial action can be undertaken.
8
9 B. Any owner whose property is found by the Code Compliance
10 Director to support a nuisance may protest the finding and be heard
by the Hearing Officer, according to the terms of the Notice received
1 I pursuant to Section 8.27.040 of the San Bernardino Municipal Code."
12
13 SECTION 3. Section 8.27.040 is hereby amended to read as follows:
14 "8.27.040 Notice to clean premises; protest and notice of hearing
15 thereon.
16 A. When the Code Compliance Director finds a nuisance to exist, he
shall cause a "Notice to Clean Premises" to be given in regard to all
17 property on which, or abutting that property on which, the nuisance
18 exists. Notices shall be mailed to all property owners as their names
19 and addresses appear in the latest records of a title company or the tax
assessment rolls of the County or as may be otherwise known. In
20 addition to the date and a description of the property by street
21 designation and any other information deemed appropriate by the
22 Code Compliance Director, the contents of the Notice shall be in
substantially the following form:
23
24 "NOTICE IS HEREBY GIVEN pursuant to Section 8.27.040 of
25 the San Bernardino Municipal Code that the Code Compliance
26
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28 CDK/tbm[amend.8271 2
I ORDINANCE NO.
2 AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING
CHAPTER 8.27 OF THE SAN BERNARDINO MUNICIPAL CODE AUTHORIZING
3 THE CODE COMPLIANCE DIRECTOR TO CONDUCT ANNUAL WEED
ABATEMENTS AND RECOVER COSTS.
4
5
Director of the City of San Bernardino has determined that a
6 nuisance exist on or abutting the property described in this Notice
7 or on the parkway thereof. The nuisance consists of one or more
8 of the following: weeds, sage brush, chaparral, brush, dry
vegetation or vegetation which attains such extensive growth as to
9 become a fire menace when dry, poison oak or ivy or other plants
10 which are noxious or dangerous, dry grass, stubble, dead
11 wood, dead or diseased trees, dead or dry palm fronds, fences in
disrepair or broken, litter, flammable material which creates a fire
12 hazard, empty containers, abandoned asphalt or concrete, rubble
13 or waste materials. You must abate or remove this nuisance;
14 otherwise, it will be removed and abated by the City of San
Bernardino, in which case the cost of such removal shall be
15 assessed upon the property from which, or abutting the property
16 from which said nuisance is removed, and such costs shall
17 constitute a tax lien upon such lots or land until paid.
18 "Any person objecting to this determination of a nuisance
19 or the proposed removal and abatement of said nuisance shall file
20 a written protest with the City Clerk not later than ten days from
the date of this Notice. The City Clerk shall transmit such protest
21 promptly to the Hearing Officer of San Bernardino.
22
23 NOTICE IS FURTHER GIVEN that said protest shall be heard before the
Hearing Officer in the Council Chambers at City Hall, 300 North "D"
24 Street, San Bernardino, California, on the second or fourth Thursday of the
25 next month after the date of this Notice at two o'clock in the afternoon. If
26 a timely protest has been filed, you or your agent may appear at said
hearing and be heard and may present and hear evidence concerning the
27
28 CDK/tbm[amend.827] 3
I ORDINANCE NO.
2 AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING
CHAPTER 8.27 OF THE SAN BERNARDINO MUNICIPAL CODE AUTHORIZING
3 THE CODE COMPLIANCE DIRECTOR TO CONDUCT ANNUAL WEED
ABATEMENTS AND RECOVER COSTS.
4
proposed abatement."
5
B. In addition to mailing the notice in the manner and form required
6 herein, such notice may (permissive) be conspicuously posted on
7 or adjacent to the property to be charged with the costs of abatement."
8
SECTION 4. Section 8.27.050 is hereby amended to read as follows:
9
10 "8.27.050 Notice to clean regrowth - Seasonal and recurrent
nuisances.
11
12 A. Whenever the Code Compliance Director has determined that
13 weeds, dead or dry palm fronds or other dry vegetation of any
14 type on specified parcels of property are seasonal or recurrent
nuisances, the Notice provided for in Section 8.27.040 shall have
15 this additional language added to the first paragraph of the Notice:
16
17 "The Code Compliance Director has also determined
that the property described in this Notice supports the growth of
18 weeds, dead or dry palm fronds and dry grass which are seasonal
19 and recurrent nuisances that must also be removed and abated
20 hereafter from time to time. Notice of regrowth of this nuisance
during this calendar year will be given by postcard only without
21 further hearing. Failure to abate such recurring conditions will
22 result in the City abating such nuisances, in which case the cost
23 of such removal shall constitute a tax lien upon the property
described in this Notice until paid. The efficient and economical
24 control of such seasonal and recurrent nuisances may require
25 preventative chemical control of such weed seeds and weed
26 seedlings, and the City may require preventative chemical control
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28 CDK/tbm[amend.8271 4
I ORDINANCE NO.
2 AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING
CHAPTER 8.27 OF THE SAN BERNARDINO MUNICIPAL CODE AUTHORIZING
3 THE CODE COMPLIANCE DIRECTOR TO CONDUCT ANNUAL WEED
ABATEMENTS AND RECOVER COSTS.
4
of such nuisance."
5
B. After such seasonal and recurrent nuisance has been abated once
6 and the nuisance recurs in the same calendar year, the Code
7 Compliance Director shall cause a postcard notice to be mailed to
the property owners as their names and addresses appear in the
8 latest records of a title company or the tax assessment rolls of the
9 County or as may be known to the Code Compliance Director.
10 The notice shall show the property address to which the notice
relates and the contents of the postcard notice shall be in
11 substantially the following form:
12
13 NOTICE OF REGROWTH
14 A "NOTICE TO CLEAN PREMISES" was previously
15 mailed to you declaring a nuisance on the above property. That
16 Notice, which required removal or abatement of such nuisance,
also declared that substantial regrowth must be abated.
17
18 The above property was recently inspected and the removal
19 of the following items is required at this time:
20
21
22
You are hereby urged to perform the abatement work indicated
23 within ten days from the date of this notice. If the property is not cleaned
24 and the nuisance abated within that time, the City will have the work done
25 to abate the nuisance and will assess the cost thereof as a tax lien against
the property."
26
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28 CDK/tbm[amend.8271 5
I ORDINANCE NO.
2 AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING
CHAPTER 8.27 OF THE SAN BERNARDINO MUNICIPAL CODE AUTHORIZING
3 THE CODE COMPLIANCE DIRECTOR TO CONDUCT ANNUAL WEED
ABATEMENTS AND RECOVER COSTS.
4
5 SECTION 5. Section 8.27.060 is hereby amended to read as follows:
6
"8.27.060 Hearing by the Hearing Officer- Appeal to
7 Board of Building Commissioners.
8 At the time set for hearing, the Hearing Officer shall hear and consider all
9 objections or protest to the finding of nuisance and the proposed removal
of the nuisance and may continue the hearing from time to time. Upon the
10 conclusion of the hearing, the Hearing Officer shall allow or overrule any
11 or all objections, and if the nuisance is confirmed, the Code Compliance
12 Director shall be deemed to have acquired jurisdiction to have the work or
removal performed. The decision of the Hearing Officer is final, subject
13 to the right of the property owner to appeal to the Board of Building
14 Commissioners, the notice of appeal under this section must be filed with
15 the City Clerk's office within ten days following the mailing of the
decisions of the Hearing Officer and shall include the payment of all
16 applicable appeal fees. The appeal shall be made in accordance with
17 Section 8.30.70. The Board's decision shall be final and conclusive and
18 shall not be subject to appeal to the Mayor and Common Council.
Pursuant to Code of Civil Procedure Section 1094.6, any action to review
19 the decision of the Board shall be commenced no later than the ninetieth
20 day after the date the Board's order is adopted.
21
SECTION 6. Section 8.27.070 is hereby amended to read as follows:
22
23 "8.27.070 Abatement of nuisance.
24
Upon acquiring jurisdiction, the Code Compliance Director shall
25 abate the nuisance, and his or her assistants or deputies, or any person,
26
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28 CDK/tbm[amend.827] 6
I ORDINANCE NO.
2 AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING
CHAPTER 8.27 OF THE SAN BERNARDINO MUNICIPAL CODE AUTHORIZING
3 THE CODE COMPLIANCE DIRECTOR TO CONDUCT ANNUAL WEED
ABATEMENTS AND RECOVER COSTS.
4
firm or corporation under contract to do the work are expressly authorized
5 to enter upon private property for that purpose."
6 SECTION 7. Section 8.27.080 is hereby amended to read as follows:
7
8 "8.27.080 Performance of work under contract- Bids.
9 At least annually, the Code Compliance Director shall solicit bids
10 for the performance of the work described in this Chapter. All bids so
11 submitted shall be accompanied by cash, cashier's check, money order,
or certificate of deposit payable to the City in the sum of three hundred
12 dollars, which sum must be forfeited to the City upon failure of the bidder
13 to enter into the contract awarded. The Mayor and Common Council may
14 reject any and all proposals or bids and readvertise or may order the Code
Compliance Director to abate the nuisance."
15
16 SECTION 8. Section 8.27.090 is hereby amended to read as follows:
17
"8.27.090 Removal of nuisance by property owner- Time limit.
18
19 A. Any property owner shall have the right to have such nuisance
20 removed at his own expense provided the same is done within
ten days after the mailing of the "Notice to Clean Premises",
21 as provided in Section 8.27.040, and to the satisfaction of the
22 Code Compliance Director.
23
B. Upon the written approval of the Code Compliance Director,
24 an owner of a lot or parcel larger than one acre or two hundred
25 feet by two hundred feet in area, or of two or more subdivided
26
27
28 CDK/tbm[amend.8271 7
I ORDINANCE NO.
2 AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING
CHAPTER 8.27 OF THE SAN BERNARDINO MUNICIPAL CODE AUTHORIZING
3 THE CODE COMPLIANCE DIRECTOR TO CONDUCT ANNUAL WEED
ABATEMENTS AND RECOVER COSTS.
4
and unimproved lots adjacent to one another and under the same
5 ownership, may construct at his own expense a fifty-foot fire break
6 around the entire perimeter of the lot, lots or parcel within the
ten-day period and to the satisfaction of the Code Compliance
7 Director; provided, that such fire break must be one hundred feet
8 in width when adjacent or in close proximity to a building; and
9 provided further, that a fifty foot fire break shall be constructed
adjacent to any public highway on the lot, lots or parcel. The
10 Code Compliance Director shall not give his written approval to
11 such owner for fire breaks in the event he determines that said larger
12 lot or parcel or subdivided lots are so dangerous and hazardous to
life or property as to require immediate abatement."
13
14 SECTION 9. Section 8.27.091 is hereby amended to read as follows:
15
"8.27.091 Removal of seasonal and recurrent nuisance by property
16 owner- Time limit.
17 A. Any property owner shall have any seasonal and recurrent nuisance
18 removed at his own expense provided the same is done within ten
days from the date of mailing of the postcard notice under
19 Section 8.27.050 and to the satisfaction of the Code Compliance
20 Director.
21
B. In lieu of removing the nuisance, a fire break may be installed and
22 maintained as provided for in Section 8.27.090."
23
24 SECTION 10. Section 8.27.100 is hereby amended to read as follows:
25 "8.27.100 Assessment for abatement by City - Filing of objection.
26
27
28 CDK/tbm[amend.827l 8
1 ORDINANCE NO.
2 AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING
CHAPTER 8.27 OF THE SAN BERNARDINO MUNICIPAL CODE AUTHORIZING
' THE CODE COMPLIANCE DIRECTOR TO CONDUCT ANNUAL WEED
4 ABATEMENTS AND RECOVER COSTS.
5
The Code Compliance Director shall, upon completion of the
6 abatement, itemize the costs thereof including incidental expenses which
7 if unpaid shall be assessed against and become a lien upon the property on
8 which the nuisance was abated to be collected at the time and in the manner
of the real property taxes by the Tax Collector, pursuant to the procedure set
9 forth in Chapter 3.68. The Code Compliance Director shall forthwith
10 initiate proceedings before the Board of Building Commissioners under
11 Chapter 3.68 for determination and collection of fee assessment for cost of
abatement."
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I ORDINANCE NO.
2 AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING
CHAPTER 8.27 OF THE
COMPLIANCE DBRECTOR TO CONDUCT ANNUAL AUTHORIZING
3 THE CODE COMPL AL WEED
ABATEMENTS AND RECOVER COSTS.
4
5 I HEREBY CERTIFY that the foregoing Ordinance was duly adopted by the Mayor
6 and Common Council of the City of San Bernardino at a
meeting thereof,
held on the day of , 1998, by the following vote, to wit:
7
8 CO MEMBERS: AYES NAYS ABSTAIN ' ABSENT
9 ESTRADA
LIEN
10 ARIAS
11 SCHNETZ
12 DEVLIN
ANDERSON
13 MILLER
14
15 Rachel G. Clark, City Clerk
16
17 The foregoing Ordinance is hereby approved this day of
1998
18 Judith Valles, Mayor
19 City of San Bernardino
Approved as to form
20 and legal content:
21 JAMES F. PENMAN,
City At�orney
22
By:
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